Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70947

account in making the determination. If the

interested employer is located in the agent

State, the latter will have the responsibility

to notify the employer of the opportunity to

appear at the local office, and if he elects to

make an appearance, to schedule it at an

appropriate time.

B. Application of Java Decision to Federal

Unemployment Insurance, Training

Allowances and Related Payments

The requirements for paying benefits

promptly after a determination has been

made in the claimant’s favor, regardless of

the pendency of the appeal period or of any

appeal that has been taken from the

determination, are applicable to Federal

claims. The requirement of notice to an

interested employer and opoprtunity to be

heard will, however, have no effect on those

programs which do not involve employers as

interested parties.

Following are specifics on application of

the requirement for notice and opportunity to

be heard relating to the various kinds of

Federal claims.

UCFE: (Unemployment Compensation for

Federal Employees)

When a private employer is an interested

party to a UCFE claim, the procedures for

notice and opportunity to be heard with

respect to State UI claims are applicable.

When a Federal agency is an interested

party to a UCFE claim, the Java decision does

not change present methods of processing so

long as findings of the Federal agency, in

writing, which are final and conclusive, are

applicable in determining the claim.

UCX: (Unemployment Compensation for ExServicemen)

When a private employer is an interested

party to a UCX claim, the procedures for

notice and opportunity to be heard with

respect to State UI claims are applicable.

When a Federal agency which employed

the claimant as a civilian employee is an

interested party, the procedures applicable to

UCFE claims apply. For the purpose of the

Java procedure, a branch of the Armed Forces

for which a UCX claimant served on active

military duty is never considered to be an

interested party with respect to reasons for

separation or for not reenlisting or for not

continuing on active duty, since the State

agency does not apply the eligibility or

disqualification provisions of the State

unemployment insurance law to any of these.

Thus in such cases the notice-andopportunity-to-be-heard requirement of the

Java decision is not applicable.

TRA: (Trade Readjustment Allowances)

The procedures for implementing the Java

decision for State UI claims, with respect to

notice and opportunity to be heard, are

applicable to TRA claims with respect to

employers who are interested parties to an

issue.

Training Allowances, Disaster

Unemployment Assistance and Other Similar

Federal Payments

The procedures implementing the Java

decision, with respect to notice and

opportunity to be heard, have no effect on

factfinding procedures for determination of

issues arising under the Manpower

Development and Training Act (MDTA), the

Work Incentive Program (WIN ), or the

Disaster Unemployment Assistance

provisions of the Disaster Relief Act of 1970.

There is no employer or other interested

party involved in such cases. Established

procedures for the factfinding claimant

interview and notice of determination satisfy

the requirements for predetermination

proceedings.

C. Monetary Determinations

It should not be assumed that, because the

facts in the Java case presented a

nonmonetary determination issue, the

Court’s requirements do not also apply to

monetary determinations and

redeterminations. The principles are equally

applicable when monetary determinations or

redeterminations involve issues of fact

although the manner in which they must be

applied necessarily is affected by the nature

of the issues and the processes required to

resolve them. Some monetary ‘‘issues,’’ for

example, are simply questions of

computation or other operational matters that

relate entirely to the processing of data

already contained in the agency’s records. To

settle such questions, the State agency need

not seek information from either the

employer or the claimant and there is no

occasion for appearance by either at an

interview.

Some monetary issues, however, present

questions which cannot be resolved from a

review of the agency’s records. For example,

a claimant may question the correctness of an

employer’s wage report underlying the

agency record on which the claimant’s

monetary determination was based. Yet

another claimant may contend that his

monetary determination has not taken into

account wages he earned during his base

period that an employer omitted from his

report because, in his view, there was no

employment relationship. Common agency

practice in such cases is to make a field

investigation including a visit to the

employer’s place of business, a review of his

records and an interview with the employer

or the appropriate members of his staff who

have the necessary pertinent information.

The facts thus obtained, together with the

information submitted by the claimant, are

then used in resolving the issue and as the

basis for the necessary monetary

redetermination. When this is the case, the

process used has itself provided an

appearance by the employer in the

factfinding proceeding in addition to his

written submittal. There would ordinarily

appear to be no need to provide the employer

in such cases with yet a further opportunity

to appear in the factfinding proceeding that

precedes the monetary determination or

redetermination in question. The common

agency practice of reinterviewing the

claimant after the results of the field

investigation are available assures claimant

of his opportunity to appear and be heard

before the determination is made.

[FR Doc. 00–30266 Filed 11–27–00; 8:45 am]

BILLING CODE 4510–30–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 00–139]

National Environmental Policy Act;

Mars Surveyor 2001 Mission

AGENCY: National Aeronautics and

Space Administration (NASA)

ACTION: Finding of no significant

impact.

SUMMARY: Pursuant to the National

Environmental Policy Act of 1969, as

amended (NEPA) (42 U.S.C. 4321 et

seq.), the Council on Environmental

Quality (CEQ) Regulations for

Implementing the Procedural Provisions

of NEPA (40 CFR Parts 1500–1508), and

NASA policy and procedures (14 CFR

Part 1216, Subpart 1216.3), NASA is

providing notice that although a Draft

Environmental Impact Statement (DEIS)

for the Mars Surveyor 2001 Mission was

prepared and public comments were

elicited and received, a Final

Environmental Impact Statement (FEIS)

will not be prepared. Instead, NASA has

made a finding of no significant impact

(FONSI).

The Mars Surveyor 2001 (MS 01)

mission as proposed in the DEIS

originally consisted of the launch and

operation of two separate spacecraft—

the MS 01 orbiter and the MS 01 lander/

rover. The DEIS addressed the potential

environmental impacts associated with

implementation of this mission

configuration (the Proposed Action) and

included a risk assessment for potential

launch accidents involving the release

of radioactive material from the MS 01

lander/rover spacecraft. The MS 01

orbiter spacecraft would carry no

radioactive material or other extremely

hazardous materials or equipment and,

hence, would involve a conventional

launch entailing no significant effects to

the quality of the human environment.

The DEIS also addressed the potential

environmental impacts of alternatives to

this Proposed Action as well as the No

Action alternative.

Events that occurred during the

intervening months since publication of

the DEIS, including loss of the Mars

Polar Lander mission on December 3,

1999, early in the public review period

for the DEIS, have resulted in a

reevaluation by NASA of the Mars

Surveyor 2001 mission. As a result of

that reevaluation, NASA has proposed

to reconfigure the Mars Surveyor 2001

mission to launch only the MS 01

orbiter spacecraft in 2001. Thus the

FONSI issued today covers the proposed

reconfigured Mars Surveyor 2001

mission, specifically launch of the MS

01 orbiter only. Should NASA decide at

70948 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

some future date to launch the MS 01

lander/rover spacecraft, a separate

NEPA document will be prepared in

accordance with applicable policy and

procedures.

The MS 01 orbiter would be launched

in April 2001 from Cape Canaveral Air

Force Station (CCAFS), Florida, onboard

a Delta II 7925 expendable launch

vehicle.

DATES: Comments in response to this

FONSI must be provided in writing to

NASA on or before December 28, 2000

ADDRESSES: Comments in response to

this FONSI should be addressed to Mr.

Mark R. Dahl, NASA Headquarters,

Code SD, 300 E Street SW, Washington,

DC 20546. The DEIS prepared for the

Mars Surveyor 2001 mission which

supports this FONSI may be reviewed

at:

1. NASA Headquarters, Library, Room

1J20, 300 E Street SW, Washington, DC

20546.

2. NASA, Spaceport USA, Room 2001,

John F. Kennedy Space Center, Florida,

32899 (321–867–2622). Please call Ms.

Penny Myers at 321–867–8007 so that

arrangements can be made.

3. Jet Propulsion Laboratory, Visitors

Lobby, Building 249, 4800 Oak Grove

Drive, Pasadena, CA 91109 (818–354–

5179). Other locations where the DEIS

can be examined are listed in the

Supplementary Information section

below.

A limited number of copies of the

DEIS are available to persons wishing a

copy by contacting Mr. Dahl at the

address or telephone number provided

herein. The DEIS is also available in

Adobe Acrobatr Portable Document

Format (PDF) at http://

spacescience.nasa.gov/pubs/Mars01EIS/

ms01webpage.html on the Internet.

FOR FURTHER INFORMATION CONTACT: Mr.

Mark R. Dahl, 202–358-1544.

SUPPLEMENTARY INFORMATION: The DEIS

may also be examined at the following

NASA locations by contacting the

pertinent Freedom of Information Act

Office:

1. NASA, Ames Research Center,

Moffett Field, CA 94035 (650–604–

4191).

2. NASA, Dryden Flight Research

Center, Edwards, CA 93523 (661–258–

3449).

3. NASA, Glenn Research Center,

21000 Brookpark Road, Cleveland, OH

44135 (216–433–2755).

4. NASA, Goddard Space Flight

Center, Greenbelt, MD 20771 (301–286–

6255).

5. NASA, Johnson Space Center,

Houston, TX 77058 (281–483–8612).

6. NASA, Langley Research Center,

Hampton, VA 23665 (757–864–2497).

7. NASA, Marshall Space Flight

Center, Huntsville, AL 35812 (256–544–

1837).

8. NASA, Stennis Space Center, MS

39529 (228–688–2164).

On November 29, 1999, NASA

published its Notice of Availability for

the DEIS for the Mars Surveyor 2001

Mission (64 FR 66668), and distributed

over 125 copies to potentially interested

Federal, State and local agencies,

organizations, and individuals. In

addition, the DEIS was available in

electronic format from a NASA server

on the Internet. The U.S. Environmental

Protection Agency published its Notice

of Availability on December 3, 1999 (64

FR 67897), initiating the 45-day review

and comment period.

At the time of publication of the DEIS,

NASA’s Proposed Action was to

continue preparations for and to

implement the Mars Surveyor (MS 01)

mission to Mars. The MS 01 mission

was to consist of two separate launches,

one containing an orbiter spacecraft and

the other containing a lander/rover

spacecraft. NASA proposed to launch

the MS 01 orbiter spacecraft from

Vandenberg Air Force Base (VAFB),

California, in March/April 2001 onboard

a Delta II 7925 expendable launch

vehicle, and the MS 01 lander/rover

spacecraft from Cape Canaveral Air

Force Station (CCAFS), Florida, in April

2001 onboard a Delta II 7425.

The purpose of and need for the

action addressed in the DEIS was to

further the scientific objectives of

NASA’s Mars Surveyor Program by

continuing the exploration and

characterization of the planet. The Mars

Surveyor Program had consisted of the

Mars Global Surveyor, already in orbit

about Mars and conducting its scientific

mission, and the Mars Surveyor 1998

(MS 98) orbiter and lander spacecraft.

At the time of publication of the MS 01

DEIS, the MS 98 orbiter had failed to

achieve orbit about Mars and was

declared lost; and the MS 98 lander, the

Mars Polar Lander, was on its final

approach to entry into the atmosphere

of Mars.

Specifically, at the time the DEIS was

issued, the proposed MS 01 mission

would have continued the global

reconnaissance of Mars (via the MS 01

orbiter) and would have intensively

studied a local area of the planet (via the

MS 01 lander/rover). During its planned

mapping phase of one Martian year

(about two Earth years) the MS 01

orbiter would have conducted a detailed

mineralogical analysis of the planet’s

surface and measured the radiation

environment. The orbiter would have

also acted as a communications relay for

the lander/rover. During its 90-day

primary mission the MS 01 lander/rover

would have performed in situ science

on the surface of Mars, exploring a

potential landing site for future

missions in the mid-latitude highlands

of the planet by studying soil and

atmospheric chemistry and radiation at

the surface.

Two instruments on the MS 01 lander

and two instruments on the rover would

have carried minor radioactive sources.

The rover would also have used three

radioisotope heater units for thermal

control. The total radioactive inventory

onboard the MS 01 lander/rover would

have been approximately 3.70 x 1012 Bq

(100 Ci).

Alternatives to the Proposed Action

that were evaluated in the DEIS

consisted of the following:

(a) Orbiter and Lander-Only Mission

Alternative: Launch the MS 01 orbiter as

planned in the Proposed Action;

eliminate the rover, and launch the

lander-only spacecraft as planned in the

Proposed Action; perform remote

science data gathering from orbit and

stationary in situ science by the lander.

(b) Orbiter-Only Mission Alternative:

Launch the MS 01 orbiter as planned in

the Proposed Action; eliminate the

lander/rover launch; perform only

remote science data gathering from

orbit.

(c) No-Action Alternative: NASA

would cease preparations for and not

implement the MS 01 mission.

In the DEIS, the Delta II 7925 (with

nine strap-on solid rocket motors called

GEMs) was used as the basis for

assessing environmental impacts from

both launch sites. The environmental

impacts of the Delta II 7425 (with only

four GEMs) would be expected not to

exceed those of the Delta II 7925.

The DEIS addressed the

environmental impacts of normal

launches of the two spacecraft

comprising the Proposed Action. Such

impacts would be associated principally

with the exhaust emissions from each of

the Delta II launch vehicles. These

effects would include short-term

impacts on noise levels, air quality

within the exhaust cloud at and near the

launch pads, and the potential for acidic

deposition on the vegetation, wetlands,

and surface water bodies at and near

each launch complex, particularly if a

rain storm occurred. Some short-term

ozone degradation would occur along

the flight paths as the launch vehicles

pass through the stratosphere and

deposits ozone-depleting chemicals

from the solid rocket motors.

The DEIS evaluated a variety of nonradiological environmental impacts that

might arise from accidents that could

occur during preparation for and launch

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70949

of the MS 01 spacecraft at CCAFS and

VAFB. The potential for off-site

consequences would be limited

primarily to a liquid propellant spill

during fueling operations of the Delta II

second stage and a launch failure at or

near the launch pad. A launch vehicle

failure on or near the launch area during

the first few seconds of flight could

result in the release of the propellants

(solid and liquid) onboard the Delta II,

the upper stage, and the spacecraft. The

resulting emissions would resemble

those resulting from a normal launch.

Liquid propellants would largely burn

with some unburned propellant

dispersed in the atmosphere. Some

unburned solid and liquid propellants

could enter surface water bodies and the

ocean. Falling debris would be expected

to land on or near the launch pad,

resulting in secondary ground-level

explosions and localized fires.

For both normal launches and nonradiological environmental impacts

arising from an accident, there would be

no impacts on cultural resources or

floodplains. No other non-radiological

environmental impacts of concern have

been identified. The launch of Delta II

vehicles from CCAFS are covered by

existing U.S. Air Force (USAF)

Environmental Assessments and

FONSIs. There have been no subsequent

substantial changes to the Delta II

launch vehicle that are relevant to

environmental concerns. In addition,

there are no significant new

circumstances or information relevant to

environmental concerns that bear on the

launch of the Delta II class vehicle.

The DEIS also addressed a concern

associated with launch of the MS 01

lander/rover spacecraft involving

potential launch accidents that could

result in release of some of the

radioactive material onboard the lander/

rover spacecraft. NASA’s cooperating

agency, the U.S. Department of Energy

(DOE), performed a radiological risk

assessment of potential accidents for the

MS 01 lander/rover. The DOE’s risk

assessment for the MS 01 lander/rover

indicated that the expected impacts of

released radioactive material on or near

the launch area, and on a global basis,

would be small.

The 45-day public comment period on

the DEIS closed on January 17, 2000. A

total of six comment letters were

received: two from Federal agencies,

three from State agencies, and one from

a local agency. The comments addressed

the following issues: NASA’s

compliance with the Endangered

Species Act at the VAFB launch site;

NASA’s use of Best Management

Practices; and questions regarding the

methodologies used to estimate

radiological consequences. These

comments provided no new information

or analyses that indicated a need to

change the DEIS risk assessment of

impacts presented in the DEIS.

Following the loss of the Mars Polar

Lander, NASA instituted

comprehensive reviews by high-level

panels of experts not just of the loss of

this spacecraft, but also of its overall

approach to Mars exploration. These

reviews resulted in a number of reports

that have been publicly released. NASA

is responding to these reports and

recommendations, and is developing a

broad restructuring of its approach to

Mars exploration. Recommendations

were also made that would directly

affect implementation of the MS 01

mission. Specifically, it was

recommended that launch of the MS 01

lander/rover spacecraft mission

component be delayed to a future date

yet to be determined, and that the

orbiter spacecraft be launched in 2001

as originally proposed in the DEIS for

the MS 01 Mission with the exception

that the launch take place from CCAFS

instead of VAFB. In March 2000, NASA

adopted these recommendations

regarding the Mars Surveyor 2001

mission.

The assessment of non-radiological

environmental impacts in the DEIS was

prepared on the basis of the larger Delta

II 7925 vehicle at both launch sites.

Therefore, the assessment of impacts

both for a normal launch of the MS 01

lander/rover from CCAFS and for

potential launch accidents that do not

involve release of radioactive material is

directly applicable to launch of the MS

01 orbiter from CCAFS and provides a

conservative upper bound on those

impacts. Furthermore, since the MS 01

orbiter does not utilize radioactive

material, the risk assessment of

potential radiological consequences for

a launch accident involving the MS 01

lander/rover at CCAFS does not apply.

Finally, the question submitted during

the public comment period regarding

compliance with the Endangered

Species Act at VAFB does not pertain to

the proposed MS 01 orbiter launch from

CCAFS. Thus, given that the proposed

reconfiguration of the Mars Surveyor

2001 mission to an orbiter-only launch

from CCAFS does not entail any new or

substantial changes to the potential

environmental impacts evaluated in the

DEIS, NASA has concluded that the

DEIS adequately and accurately reflects

the environmental impacts of the launch

of a MS 01 orbiter spacecraft from

CCAFS using a Delta II 7925 launch

vehicle.

On the basis of the DEIS and USAF

NEPA documentation on the Delta II

class of launch vehicles, NASA has

determined that the preparations for and

launch and operation of an MS 01

orbiter-only mission would not

individually or cumulatively have a

significant effect on the quality of the

human environment. Should NASA

decide to launch the MS 01 lander/rover

to Mars at some future date, additional

environmental documentation will be

prepared.

Therefore, NASA has made a finding

of no significant impact and has

determined that issuance of a Final

Environmental Impact Statement is not

appropriate. NASA will take no final

action prior to the expiration of the 30-

day comment period.

Edward J. Weiler,

Associate Administrator for Space Science.

[FR Doc. 00–30225 Filed 11–27–00; 8:45 am]

BILLING CODE 7510–01–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

National Historical Publications and

Records Commission; Programs

Subject to Title IX

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Notice of NHPRC programs

covered by 36 CFR Part 1211 (Title IX).

SUMMARY: This notice describes the

types of financial assistance that are

provided by National Historical

Publications and Records Commission

(NHPRC) that are covered by Title IX of

the Education Amendments of 1972, as

amended (‘‘Title IX’’). Title IX prohibits

recipients of federal financial assistance

from discriminating on the basis of sex

in education programs or activities.

FOR FURTHER INFORMATION CONTACT:

NHPRC, Nancy Copp, at 202–501–5603,

email address,

nancy.copp@arch1.nara.gov., fax

number 202–501–5601.

SUPPLEMENTARY INFORMATION: The

NHPRC provides grants for projects that

focus on documentary publications,

records projects and other educational

programs. The emphasis is placed

primarily on the dissemination,

accessibility and preservation of

historical records bearing on U.S.

history and also to further an

understanding and appreciation of U.S.

history. The program is carried in the

Catalog of Federal Domestic Assistance

(CFDA) as 89.003, National Historical

Publications and Records Grants.

The final common rule for the

enforcement of Title IX was published

in the Federal Register by 21 Federal