Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36571

random sampling without a case

examination will only identify the case

as a random sample case.

(d) Appeals Council’s action. If the

Appeals Council decides to review a

decision or dismissal on its own motion,

it will mail a notice of review to all the

parties as provided in § 404.973. The

Appeals Council will include with that

notice a copy of any written referral it

has received under paragraph (c) of this

section. The Appeals Council’s decision

to review a case is established by its

issuance of the notice of review. If it is

unable to decide within the applicable

60-day period whether to review a

decision or dismissal, the Appeals

Council may consider the case to

determine if the decision or dismissal

should be reopened pursuant to

§§ 404.987 and 404.988. If the Appeals

Council decides to review a decision on

its own motion or to reopen a decision

as provided in §§ 404.987 and 404.988,

the notice of review or the notice of

reopening issued by the Appeals

Council will advise, where appropriate,

that interim benefits will be payable if

a final decision has not been issued

within 110 days after the date of the

decision that is reviewed or reopened,

and that any interim benefits paid will

not be considered overpayments unless

the benefits are fraudulently obtained.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

20 CFR Part 416, Subpart N, is

amended as follows:

1. The authority citation for subpart N

continues to read as follows:

Authority: Sec. 702(a)(5), 1631, and 1633

of the Social Security Act (42 U.S.C.

902(a)(5), 1383, and 1383b).

2. Section 416.1469 is revised to read

as follows:

§ 416.1469 Appeals Council initiates

review.

(a) General. Anytime within 60 days

after the date of a decision or dismissal

that is subject to review under this

section, the Appeals Council may

decide on its own motion to review the

action that was taken in your case. We

may refer your case to the Appeals

Council for it to consider reviewing

under this authority.

(b) Identification of cases. We will

identify a case for referral to the

Appeals Council for possible review

under its own-motion authority before

we effectuate a decision in the case. We

will identify cases for referral to the

Appeals Council through random and

selective sampling techniques, which

we may use in association with

examination of the cases identified by

sampling. We will also identify cases for

referral to the Appeals Council through

the evaluation of cases we conduct in

order to effectuate decisions.

(1) Random and selective sampling

and case examinations. We may use

random and selective sampling to

identify cases involving any type of

action (i.e., wholly or partially favorable

decisions, unfavorable decisions, or

dismissals) and any type of benefits (i.e.,

benefits based on disability and benefits

not based on disability). We will use

selective sampling to identify cases that

exhibit problematic issues or fact

patterns that increase the likelihood of

error. Neither our random sampling

procedures nor our selective sampling

procedures will identify cases based on

the identity of the decisionmaker or the

identity of the office issuing the

decision. We may examine cases that

have been identified through random or

selective sampling to refine the

identification of cases that may meet the

criteria for review by the Appeals

Council.

(2) Identification as a result of the

effectuation process. We may refer a

case requiring effectuation to the

Appeals Council if, in the view of the

effectuating component, the decision

cannot be effectuated because it

contains a clerical error affecting the

outcome of the claim; the decision is

clearly inconsistent with the Social

Security Act, the regulations, or a

published ruling; or the decision is

unclear regarding a matter that affects

the claim’s outcome.

(c) Referral of cases. We will make

referrals that occur as the result of a case

examination or the effectuation process

in writing. The written referral based on

the results of such a case examination

or the effectuation process will state the

referring component’s reasons for

believing that the Appeals Council

should review the case on its own

motion. Referrals that result from

selective sampling without a case

examination may be accompanied by a

written statement identifying the

issue(s) or fact pattern that caused the

referral. Referrals that result from

random sampling without a case

examination will only identify the case

as a random sample case.

(d) Appeals Council’s action. If the

Appeals Council decides to review a

decision or dismissal on its own motion,

it will mail a notice of review to all the

parties as provided in § 416.1473. The

Appeals Council will include with that

notice a copy of any written referral it

has received under paragraph (c) of this

section. The Appeals Council’s decision

to review a case is established by its

issuance of the notice of review. If it is

unable to decide within the applicable

60-day period whether to review a

decision or dismissal, the Appeals

Council may consider the case to

determine if the decision or dismissal

should be reopened pursuant to

§§ 416.1487 and 416.1488. If the

Appeals Council decides to review a

decision on its own motion or to reopen

a decision as provided in §§ 416.1487

and 416.1488, the notice of review or

the notice of reopening issued by the

Appeals Council will advise, where

appropriate, that interim benefits will be

payable if a final decision has not been

issued within 110 days after the date of

the decision that is reviewed or

reopened, and that any interim benefits

paid will not be considered

overpayments unless the benefits are

fraudulently obtained.

[FR Doc. 98–17633 Filed 7–6–98; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF STATE

22 CFR Part 140

[Public Notice 2840]

Bureau for International Narcotics and

Law Enforcement Affairs; Prohibition

on Assistance to Drug Traffickers

AGENCY: Department of State (Bureau for

International Narcotics and Law

Enforcement Affairs).

ACTION: Final rule.

SUMMARY: The Department of State

issues these regulations to implement

Section 487 of the Foreign Assistance

Act of 1961, as amended (‘‘FAA’’) (22

U.S.C. 2291f).

Section 487(a) directs the President to

take all reasonable steps to ensure that

assistance provided under the Foreign

Assistance Act or the Arms Export

Control Act is not provided to or

through any individual or entity that the

President knows or has reason to believe

has been convicted of a violation of, or

a conspiracy to violate, any law or

regulation of the United States, a State

or the District of Columbia, or a foreign

country relating to narcotic or

psychotropic drugs or other controlled

substances; or is or has been an illicit

trafficker in any such controlled

substance or is or has been a knowing

assistor, abettor, conspirator, or colluder

with others in the illicit trafficking of

any such substance. This rule

establishes a single government-wide

enforcement mechanism for Section

487. The regulations seek to achieve

rigorous statutory enforcement in a
36572 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

manner consistent with efficient foreign

assistance program administration. They

also seek to ensure protection of the

procedural rights and interests of

assistance recipients.

DATES: Effective date: October 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Office of Policy, Planning and

Coordination, Bureau for International

Narcotics and Law Enforcement Affairs,

Department of State, 202–647–0457, or

Office of Law Enforcement and

Intelligence, Office of the Legal Adviser,

Department of State, 202–647–7324.

SUPPLEMENTARY INFORMATION: This rule

implements Section 487 of the Foreign

Assistance Act of 1961, as amended (22

U.S.C. Sec. 2291f). The requirements of

Section 487 are described in the

Summary, above. The law further

directs that regulations be issued to

carry out the section and be submitted

to Congress before they take effect. The

responsibilities of the President under

Section 487 have been delegated to the

Secretary of State (E.O. 12163). The

Secretary of State is issuing these

regulations and has delegated the

responsibility for their implementation

to the Assistant Secretary for

International Narcotics and Law

Enforcement Affairs. The regulations are

set forth in a new part of the Code of

Federal Regulations, 22 CFR Part 140.

Proposed regulations were published for

comment on Feb. 9, 1995 (60 FR 7737)

and modifications have been made in

light of comments received. The

regulations have been submitted to

Congress, as required by Section 487(c).

The procedures prescribed by these

regulations apply to assistance under

the Foreign Assistance Act of 1961, as

amended, and the Arms Export Control

Act. The regulations are set up in three

Subparts: General (Subpart A, §§ 140.1–

140.3); Applicability (Subpart B,

§ 140.4); and Enforcement (Subpart C,

§§ 140.5–140.14).

The General Subpart (Subpart A)

provides a statement of the regulations’

purpose (§ 140.1), based upon the

language of Section 487 of the Foreign

Assistance Act; identifies the authorities

for issuance of the regulations (§ 140.2);

and defines key terms used in the

regulations (§ 140.3). The broad

coverage of the regulations is reflected

in the definitions of drug trafficking

(§ 140.3(e)), money laundering

(§ 140.3(f)), and narcotics offense

(§ 140.3(g)), which are intended to be

comprehensive. As noted in the

definition of drug trafficking, it

encompasses drug-related money

laundering. One commenting agency

asked for further definition of the terms

‘‘illicit,’’ ‘‘illicitly,’’ and ‘‘criminal.’’

That comment was not adopted because

we believe such definitions are not

necessary. We note that the terms

encompass activities that are illicit or

illegal under the laws applicable to such

activities.

Two of the key terms defined in the

regulations are ‘‘covered country’’

(§ 140.3(d)) and ‘‘covered assistance’’

(§ 140.3(c)). The term ‘‘covered country’’

corresponds to those countries listed on

the ‘‘majors list,’’ i.e., the list of major

illicit drug producing countries and

major drug-transit countries, as

determined annually by the President

and transmitted to the appropriate

Congressional committees as required

by section 490(h) of the FAA.

The term ‘‘covered assistance’’ is

defined broadly, while excluding

assessed contributions to an

international organization and

assistance that by operation of law is not

subject to Section 487. The definition

further provides that assistance in

amounts less than $100,000 is excluded

unless it pertains to: recipients of

scholarships, fellowships, or participant

training; or a covered individual or

entity reasonably suspected of being or

having been involved in drug trafficking

by the agency providing assistance.

These definitions are intended to ensure

rigorous application of the statutory

prohibition on assistance to drug

traffickers, while fostering efficient

program administration. Several

comments requested a more complete

listing of assistance that would be

excluded from the term ‘‘covered

assistance’’ by operation of other laws.

Because such a list depends on specific

statutory exemptions and is subect to

change, we have concluded that further

guidance in this area is more

appropriately left to the implementing

regulations of the relevant agency,

which will be in a better position to

keep the guidance current.

One agency recommended the

addition of a definition of the term

‘‘convicted;’’ that definition has been

added as § 140.3(a).

For ease of reference, the term

‘‘covered individual or entity’’ is

defined in § 140.4, where it is used,

rather than in the definition section.

Likewise, the term ‘‘key individual’’ is

described in § 140.6(a)(3), where it is

introduced.

The term ‘‘Country Narcotics

Coordinator’’ is defined in section

140.3(b). Comments from one agency

acknowledged that the definition is

drafted to preserve flexibility by not

specifying particular positions at U.S.

posts abroad but recommended further

clarification to ensure that a designated

CNC would be qualified to handle

sensitive law enforcement information.

The definition has not been changed,

but we note that the CNC is a key

position often held by the Deputy Chief

of Mission at a U.S. diplomatic post. In

the event that another person were

assigned to exercise these functions,

that person would necessarily have

equally appropriate clearances to handle

sensitive law enforcement information.

The Applicability Subpart (Subpart B)

explains the scope of the regulations.

Their applicability is keyed primarily to

‘‘covered individuals and entities’’ that

receive or provide direct or first-tier

‘‘covered assistance’’ and are located or

providing assistance within a ‘‘covered

country.’’ Concerns were raised that the

definition of a ‘‘covered country’’ as one

on the list of major illicit drug

producing or drug-transit countries

issued annually pursuant to section

490(h) of the Foreign Assistance Act of

1961, as amended, would preclude

action concerning assistance to a

portion of a country or to another

country on which relevant information

is developed after issuance of the list. In

response, § 104.4(b) has been rewritten

to include coverage of assistance within

any other country, or portion thereof,

that the Secretary of State or the

Secretary’s designee may at any time

determine should be treated as if it were

a covered country in order to fulfill the

purpose of the regulations

(§ 140.4(b)(1)). Furthermore, the

regulations have been drafted carefully

to ensure they are given their full

statutory scope, i.e., that they are

applied whenever an agency providing

covered assistance has reasonable

grounds to suspect that a proposed

recipient individual or entity may be or

may have been involved in drug

trafficking or may have been convicted

of a narcotics offense regardless of the

country involved (§ 140.4(b)(2); see also

§§ 140.3(c)(2), 140.7(a), 140.9(a) and

140.11).

The regulations are also applicable

where a government agency providing

covered assistance within a covered

country has specifically designated a

recipient beyond the first tier (see

§§ 140.4(a), 140.7(b)). Additionally, they

apply to individuals who receive a

scholarship, fellowship, or participant

training (unless the assistance is

provided through a multilateral

institution or international organization

and the recipient has not been

designated by the agency providing

assistance). Further assurance that drug

traffickers will not receive assistance is

provided by the requirement that where

an agency providing covered assistance

to a multilateral institution or

international organization does not
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36573

designate the assistance recipient, the

agency’s agreement with the multilateral

institution or international organization

shall stipulate that such entity is to

make reasonable efforts to ensure that

the assistance is not diverted in support

of drug trafficking (§ 140.7(c)).

The factual circumstances that give

rise to application of the regulations are

highly varied and may, on occasion,

have potentially serious or sensitive

foreign relations, national security, or

law enforcement consequences. In rare

circumstances, such potential

consequences may require that, in

fulfilling the statutory requirements of

Section 487, the procedures set forth in

the regulations be expanded, modified,

utilized in a different manner or not

utilized. This necessary flexibility is

provided in the initial clause of § 140.4.

In response to comments by one agency

raising concerns about possible

disclosure of law enforcement

investigatory information, however, that

section has been amended to provide

that §§ 140.13 and 140.14 will apply in

all cases.

The Enforcement Subpart (Subpart C)

contains an overview (§ 140.5), which

outlines the Subpart’s scope. The

applicable determination procedures,

criteria to be applied in deciding

whether to withhold assistance or take

other measures, and procedures

concerning violations identified

subsequent to the obligation of funds are

set forth in the Enforcement Subpart.

The applicability of these procedures

varies depending on the nature of the

proposed recipient. The general

framework is set forth in § 140.6, in the

context of covered assistance to foreign

government entities. Variations of that

framework are set forth in separate

sections for: multilateral institutions

and international organizations

(§ 140.7); recipients of scholarships,

fellowships, and participant training

(§ 140.8); other non-governmental

entities and individuals (§ 140.9); and

intermediate credit institutions

(§ 140.10). (Note: In § 140.9 the use of

the phrase ‘‘non-governmental entity’’ is

meant to encompass a broader category

of organizations than might be

encompassed by the term ‘‘nongovernmental organization’’ or its

acronym, ‘‘NGO.’’ As explained in

§ 140.9, it includes not only private

voluntary agencies and educational

institutions, but also for-profit firms and

any other non-governmental

organizations.)

The determination procedures set

forth in the regulations are applied by

the Country Narcotics Coordinator (as

defined in § 140.3(b)), who is

responsible in the first instance for

reviewing available information to

determine whether a proposed

assistance recipient is to be granted or

denied assistance or whether other

measures are to be taken to structure the

provision of the assistance in such a

way as to meet the requirements of

Section 487 of the Foreign Assistance

Act (§ 140.6(a)). Comments from one

agency pointed out that agencies

providing information that will be used

for this purpose have a strong interest in

how the system for reviewing

information as required under

§ 140.6(a)(1) is developed and suggested

that parameters of such a system be

included in the regulations. We have

decided not to change the regulations on

this point although we will provide

guidance to CNCs separately on this

matter in order to preserve flexibility in

developing and adjusting such a system

over time. Nevertheless, the State

Department will consult with agencies

that supply information in developing

that guidance. An agency proposing

assistance is responsible for providing

the Country Narcotics Coordinator with

the name of each key individual within

a prospective recipient entity who may

be expected to control or benefit from

assistance as well as other relevant

information that is readily available

(§ 140.6(a)(3)). Questions as to who

should be included in the group of key

individuals will be resolved by the CNC,

with review by the Assistant Secretary

for INL at the request of the agency.

Section 140.6(a)(6) further provides

that it is the Assistant Secretary of State

for International Narcotics and Law

Enforcement Affairs (rather than the

Country Narcotics Coordinator), in

consultation with appropriate bureaus

and agencies, who ordinarily will make

any decision to withhold assistance or

take other measures based on

information or allegations that a key

individual who is a senior government

official of a foreign government has been

convicted of a narcotics offense or has

been engaged in drug trafficking.

Personal involvement at or above the

Assistant Secretary of State level is

appropriate in such a case because it

involves inherently sensitive foreign

policy issues.

The regulations provide a two-week

period, extendable if necessary for

another two weeks, within which the

Country Narcotics Coordinator, in

consultation with the agency proposing

the assistance and other appropriate

bureaus and agencies, is to make a

determination whether assistance is to

be provided or withheld, or other

measures are to be taken to meet the

requirements of section 487. The

reference to other appropriate bureaus

and agencies was added in response to

a comment from one agency noting that

the decision would need to be made on

the basis of information supplied by

other, often law enforcement, agencies.

Section 140.6(b) outlines the factors to

be considered in determining whether

to withhold assistance or take other

measures. In response to comments

from one agency requesting additional

guidance concerning the standard

‘‘reasonable belief,’’ we have changed

that term as used in 140.6(b) to the exact

words of the statute, ‘‘reason to believe’’

that a proposed recipient has been

engaged in drug trafficking activities.

When there is evidence that might lead

to such a finding, the CNC will decide

whether reports are credible and sources

reliable, thus providing a reason to

believe rather than merely raising a

suspicion.

In response to comments requesting

further guidance on implementation, a

new subsection (b)(3)(v) has been added

to make clear that measures other than

denial of assistance may be appropriate

in certain cases where a negative

determination is made as to one or more

key individuals.

The enforcement procedures

applicable to recipients of scholarships,

fellowships, and participant training

(§ 140.8) and to other non-governmental

entities and individuals (§ 140.9)

include a pre-approval certification

process. The regulations specify that

false certification may subject the

signatory to U.S. criminal prosecution

under 18 U.S.C. 1001. (See §§ 140.8(b),

140.9(c).) Although this penalty is

described in the regulations, it is

established independently by the

referenced statute. The identification of

a penalty in the regulations is not meant

to limit the application of any criminal

or civil penalty otherwise applicable.

Section 140.10 concerns the

procedures applicable to intermediate

credit institutions. Such institutions are

to be treated as either foreign

government entities or nongovernmental entities, depending on the

nature of the particular institution.

Section 140.10 also requires that

agreements with such intermediate

credit institutions include a contract

clause concerning a refund procedure

applicable to loans exceeding $1,000

made by any intermediate credit

institution.

Section 140.11 clarifies that the

enforcement procedures established by

§§ 140.6–140.10 are not exhaustive, but

represent only the minimum applicable

procedures implementing Section 487 of

the Foreign Assistance Act.

The remaining provisions of the

regulations establish notification and
36574 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

review procedures. One agency

commented that only the law

enforcement agency whose investigation

may be affected by disclosure of

information is in a position to make a

determination regarding the

appropriateness of notifications and any

decision to provide additional

information. In response to these

comments, § 140.13(a) has been

amended to ensure that no information

beyond the statutory basis for

withholding, suspending or terminating

assistance to a foreign government or

entity will be provided without the

agreement of the originating agency.

Special care has also been taken to

minimize the risk that notification will

interfere with an ongoing criminal

investigation (§ 140.13(b)). An agency

proposing covered assistance may

request review of a Country Narcotics

Coordinator’s decision that the

assistance must be withheld or other

measures taken to comply with section

487 (§ 140.12). In addition, where the

prospective assistance recipient is a U.S.

entity, U.S. citizen, or permanent U.S.

resident, a Country Narcotics

Coordinator’s preliminary decision to

withhold assistance is referred to the

Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs for final

determination (§ 140.14). As with

§ 140.13, in response to comments,

§ 140.14(a) has been revised to provide

that decisions on appropriate action

concerning U.S. entities and individuals

will be taken in consultation not only

with the agency proposing the

assistance but also the agency or

agencies that provided information

reviewed or relied upon in making the

preliminary decision. One agency

expressed concerns that procedures

previously anticipated for review of

denials of assistance under this section

could be viewed as introducing a

standard of proof inconsistent with

section 487 and could lead to disclosure

of classified materials or law

enforcement investigative information.

The section has been amended to

remove references to pre-existing review

procedures which would not ordinarily

be applicable in the context of

assistance grants. Section 140.14(b) also

now states explicitly that the regulations

shall not be interpreted to create a right

to classified information or law

enforcement investigatory information

by such entity or individual.

This amendment involves a foreign

affairs function of the United States, as

well as public grants, benefits and

contracts, and is accordingly not subject

to the requirements of the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act of 1996. It is also exempt

from review under Executive Order

12866 but has been reviewed internally

by the Department to ensure consistency

with the purposes thereof.

List of Subjects in 22 CFR Part 140

Drug traffic control, Foreign aid.

For the reasons set out in the

preamble, 22 CFR 140 is added to

subchapter N as follows:

PART 140—PROHIBITION ON

ASSISTANCE TO DRUG TRAFFICKERS

Subpart A—General

Sec.

140.1 Purpose.

140.2 Authorities.

140.3 Definitions.

Subpart B—Applicability

140.4 Applicability.

Subpart C—Enforcement

140.5 Overview.

140.6 Foreign government entities.

140.7 Multilateral institutions and

international organizations.

140.8 Recipients of scholarships,

fellowships, and participant training.

140.9 Other non-governmental entities and

individuals.

140.10 Intermediate credit institutions.

140.11 Minimum enforcement procedures.

140.12 Interagency review procedures.

140.13 Notification to foreign entities and

individuals.

140.14 Special procedures for U.S. entities

and individuals.

Authority: 22 U.S.C. 2651a(a)(4).

Subpart A—General

§ 140.1 Purpose.

(a) This part implements Section 487

of the Foreign Assistance Act of 1961,

as amended (22 U.S.C. Sec. 2291f).

(b) Section 487(a) directs the

President to ‘‘take all reasonable steps’’

to ensure that assistance under the

Foreign Assistance Act of 1961 (FAA)

and the Arms Export Control Act

(AECA) ‘‘is not provided to or through

any individual or entity that the

President knows or has reason to

believe’’:

(1) has been convicted of a violation of, or

a conspiracy to violate, any law or regulation

of the United States, a State or the District

of Columbia, or a foreign country relating [to]

narcotic or psychotropic drugs or other

controlled substances; or

(2) is or has been an illicit trafficker in any

such controlled substance or is or has been

a knowing assistor, abettor, conspirator, or

colluder with others in the illicit trafficking

in any such substance.

§ 140.2 Authorities.

Authority to implement FAA Section

487 was delegated by the President to

the Secretary of State by E.O. 12163, as

amended, and further delegated by the

Secretary to the Assistant Secretary of

State for International Narcotics and

Law Enforcement Affairs by Delegation

of Authority No. 145, dated Feb. 4, 1980

(45 FR 11655), as amended.

§ 140.3 Definitions.

The following definitions shall apply

for the purpose of this part:

(a) Convicted. The act of being found

guilty of or legally responsible for a

criminal offense, and receiving a

conviction or judgment by a court of

competent jurisdiction, whether by

verdict or plea, and including

convictions entered upon a plea of nolo

contendere.

(b) Country Narcotics Coordinator.

The individual assigned by the Chief of

Mission of a U.S. diplomatic post, in

consultation with the Assistant

Secretary of State for International

Narcotics and Law Enforcement Affairs,

in each foreign country to coordinate

United States government policies and

activities within a country related to

counternarcotics efforts.

(c) Covered assistance. Any assistance

provided by an agency of the United

States government under the FAA or

AECA, except that it does not include:

(1) Assistance that by operation of the

law is not subject to FAA Section 487,

such as:

(i) Disaster relief and rehabilitation

provided under Chapter 9 of Part I of the

FAA; and

(ii) Assistance provided to small

farmers when part of a communitybased alternative development program

under Part I or Chapter 4 of Part II of

the FAA;

(2) Assistance in a total amount less

than $100,000 regarding a specific

activity, program, or agreement, except

that the procedures in § 140.8 for

recipients of scholarships, fellowships,

and participant training shall apply

regardless of amount. However,

assistance shall be deemed covered

assistance regardless of amount if the

agency providing assistance has

reasonable grounds to suspect that a

covered individual or entity may be or

may have been involved in drug

trafficking; or

(3) Payments of dues or other assessed

contributions to an international

organization.

(d) Covered country. A country that

has been determined by the President to

be either a ‘‘major illicit drug

producing’’ or ‘‘major drug-transit’’

country under Chapter 8 of Part I of the
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36575

FAA. The list of covered countries is

submitted to Congress annually and set

forth in the International Narcotics

Control Strategy Report.

(e) Drug trafficking. Any activity

undertaken illicitly to cultivate,

produce, manufacture, distribute, sell,

finance or transport, or to assist, abet,

conspire, or collude with others in illicit

activities, including money laundering,

relating to narcotic or psychotropic

drugs, precursor chemicals, or other

controlled substances.

(f) Money laundering. The process

whereby proceeds of criminal activity

are transported, transferred,

transformed, converted, or intermingled

with legally acquired funds, for the

purpose of concealing or disguising the

true nature, source, disposition,

movement, or ownership of those

proceeds. The goal of money laundering

is to make funds derived from or

associated with illicit activity appear to

have been acquired legally.

(g) Narcotics offense. A violation of,

or a conspiracy to violate, any law or

regulation of the United States, a State

or the District of Columbia, or a foreign

country relating to narcotic or

psychotropic drugs or other controlled

substances.

Subpart B—Applicability

§ 140.4 Applicability.

Except as otherwise provided herein

or as otherwise specially determined by

the Secretary of State or the Secretary’s

designee (except that decisions on

notification and/or disclosure shall in

all cases be subject to the provisions of

§§ 140.13 through 140.14), the

procedures prescribed by this part apply

to any ‘‘covered individual or entity,’’

i.e., any individual or entity, including

a foreign government entity, a

multilateral institution or international

organization, or a U.S. or foreign nongovernmental entity: (a)(1) That is

receiving or providing covered

assistance as a party to a grant, loan,

guarantee, cooperative agreement,

contract, or other direct agreement with

an agency of the United States (a ‘‘firsttier’’ recipient); or

(2) That is receiving covered

assistance

(A) Beyond the first tier if specifically

designated to receive such assistance by

a U.S. government agency; or

(B) In the form of a scholarship,

fellowship, or participant training,

except certain recipients funded

through a multilateral institution or

international organization, as provided

in § 140.7(c); and

(b)(1) That is located in or providing

covered assistance within a covered

country or within any other country, or

portion thereof, that the Secretary of

State or the Secretary’s designee may at

any time determine should be treated, in

order to fulfill the purpose of this part,

as if it were a covered country; or

(2) As to which the agency providing

assistance or any other interested

agency has reasonable grounds to

suspect current or past involvement in

drug trafficking or conviction of a

narcotics offense, regardless of whether

the assistance is provided within a

covered country.

Examples:

(1) Under a $500,000 bilateral grant

agreement with the Agency for International

Development providing covered assistance,

Ministry Y of Government A, the government

of a covered country, enters into a $150,000

contract with Corporation X. Ministry Y is a

covered entity. However, Corporation X is

not a covered entity because the contract is

not a direct contract with an agency of the

United States.

(2) Under a $1,000,000 grant from the

Department of State providing covered

assistance, Corporation B makes a $120,000

subgrant to University Y for the training of

12 individuals. If Corporation B is located in

or providing assistance within a covered

country, it is a covered entity and the 12

individuals receiving participant training are

covered individuals. University Y is not a

covered entity.

(3) University C, which is not located in a

covered country, receives a $1 million

regional assistance research project grant

from the Agency for International

development, $80,000 of which is provided

for research in covered countries. University

C is not a covered entity. (However, if

$100,000 or more were provided for research

in a covered country or countries, or if

University C were located in a covered

country, then University C would be a

covered entity.)

Subpart C—Enforcement

§ 140.5 Overview.

This subpart sets forth the

enforcement procedures applicable

pursuant to § 140.4 to the various types

of covered individuals and entities with

respect to covered assistance. Section

140.6 establishes the procedures

applicable to foreign government

entities, including any such entity that

is covered by the definition of a ‘‘foreign

state’’ set forth in the Foreign Sovereign

Immunities Act, 28 U.S.C. Sec. 1603(a).

Section 140.7 establishes the procedures

applicable to multilateral institutions

and international organizations. Section

140.8 establishes the procedures

applicable to recipients of scholarships

and fellowships and participant

trainees. Section 140.9 establishes the

procedures applicable to nongovernmental entities. Section 140.10

sets forth additional procedures

applicable to intermediate credit

institutions. Sections 140.11 through

140.14 contain general provisions

related to the enforcement process.

§ 140.6 Foreign government entities.

(a) Determination Procedures. (1) The

Country Narcotics Coordinator shall be

responsible for establishing a system for

reviewing available information

regarding narcotics offense convictions

and drug trafficking of proposed

assistance recipients under this section

and, except under the circumstances

described in § 140.6(a)(6), determining

whether a proposed recipient is to be

denied such assistance or other

measures are to be taken as a result of

the application of FAA Section 487.

(2) Prior to providing covered

assistance to or through a proposed

recipient, the agency providing the

assistance shall provide the Country

Narcotics Coordinator in the country in

which the proposed recipient is located

or, as appropriate, where assistance is to

be provided, the information specified

in § 140.6(a)(3) in order that the Country

Narcotics Coordinator may carry out his

or her responsibilities under this part.

(3) In each case, the agency proposing

the assistance shall provide to the

Country Narcotics Coordinator the name

of each key individual within the

recipient entity who may be expected to

control or benefit from assistance as

well as other relevant identifying

information (e.g., address, date of birth)

that is readily available. If a question

arises concerning who should be

included within the group of key

individuals of an entity, the agency

providing the assistance shall consult

with the Country Narcotics Coordinator,

and the decision shall be made by the

Country Narcotics Coordinator. If the

agency proposing the assistance

disagrees with the Country Narcotics

Coordinator’s decision regarding who

should be included within the group of

key individuals, the agency may request

that the decision be reviewed by the

Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs in consultation

with other appropriate bureaus and

agencies. Any such review undertaken

by the Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs shall be completed

expeditiously.

(4) Within fourteen calendar days

after receiving the name of a proposed

recipient and other relevant

information, the Country Narcotics

Coordinator shall determine whether

any available information may warrant

withholding assistance or taking other

measures under this part, based on the
36576 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

criteria set forth in § 140.6(b). If, during

that period, the Country Narcotics

Coordinator determines that available

information does not so indicate, he or

she shall notify the proposing agency

that the assistance may be provided to

the proposed recipient.

(5) If, during the initial fourteen-day

period, the Country Narcotics

Coordinator determines that information

exists that may warrant withholding

assistance or taking other measures

under this part, then the Country

Narcotics Coordinator shall have

another fourteen calendar days to make

a final determination whether the

assistance shall be provided or withheld

or such other measures taken.

(6) A decision to withhold assistance

or to take other measures based on

information or allegations that a key

individual who is a senior government

official of the host nation has been

convicted of a narcotics offense or has

been engaged in drug trafficking shall be

made by the Assistant Secretary of State

for International Narcotics and Law

Enforcement Affairs, or by a higher

ranking official of the Department of

State, in consultation with other

appropriate bureaus and agencies. For

the purpose of this part, ‘‘senior

government official’’ includes host

nation officials at or above the vice

minister level, heads of host nation law

enforcement agencies, and general or

flag officers of the host nation armed

forces.

(b) Criteria to be Applied. (1) A

decision to withhold assistance or take

other measures shall be based on

knowledge or reason to believe that the

proposed recipient, within the past ten

years, has:

(i) Been convicted of a narcotics

offense as defined in this part; or

(ii) Been engaged in drug trafficking,

regardless of whether there has been a

conviction.

(2) Factors that may support a

decision to withhold assistance or take

other measures based on reason to

believe that the proposed recipient has

been engaged in drug trafficking

activities within the past ten years when

there has been no conviction of such an

offense may include, but are not limited

to, the following:

(i) Admission of participation in such

activities;

(ii) A long record of arrests for drug

trafficking activities with an

unexplained failure to prosecute by the

local government;

(iii) Adequate reliable information

indicating involvement in drug

trafficking.

(3) If the Country Narcotics

Coordinator knows or has reason to

believe that a key individual (as

described in § 140.6(a)(3)) within a

proposed recipient entity has been

convicted of a narcotics offense or has

been engaged in drug trafficking under

the terms of this part, the Country

Narcotics Coordinator must then decide

whether withholding assistance from

the entity or taking other measures to

structure the provision of assistance to

meet the requirements of section 487 is

warranted. This decision shall be made

in consultation with the agency

proposing the assistance and other

appropriate bureaus and agencies. In

making this determination, the Country

Narcotics Coordinator shall take into

account:

(i) The extent to which such

individual would have control over

assistance received;

(ii) The extent to which such

individual could benefit personally

from the assistance;

(iii) Whether such individual has

acted alone or in collaboration with

others associated with the entity;

(iv) The degree to which financial or

other resources of the entity itself have

been used to support drug trafficking;

and

(v) Whether the provision of

assistance to the entity can be structured

in such a way as to exclude from the

effective control or benefit of the

assistance any key individuals with

respect to whom a negative

determination has been made.

(c) Violations Identified Subsequent to

Obligation. The foregoing procedures

provide for a determination before funds

are obligated. If, however, subsequent to

an obligation of funds an assistance

recipient or a key individual of such

recipient is found to have been

convicted of a narcotics offense or to

have been engaged in drug trafficking

(e.g., the head of a recipient entity

changes during the course of an activity

and the new head is found to have been

engaged in drug trafficking), appropriate

action should be taken, including, if

necessary, termination of the assistance.

Agreements shall be written to permit

termination of assistance in such

circumstances.

§ 140.7 Multilateral institutions and

international organizations.

Assistance provided to or through

multilateral institutions or international

organizations is subject to this part as

follows:

(a) Where the government agency

providing assistance has reasonable

grounds to suspect that a recipient

multilateral institution or international

organization may be or may have been

involved in drug trafficking, the

provisions of § 140.6 shall apply.

(b) Where the government agency

providing assistance designates the

recipient of assistance from the

multilateral institution or international

organization and the designated

recipient is a covered individual or

entity, the provisions of this part shall

apply as if the assistance were provided

directly to the designated recipient.

(c) Where the government agency

providing assistance does not designate

the recipient of assistance from the

multilateral institution or international

organization, this part do not apply,

other than as provided in paragraph (a)

of this section, except that the agency’s

agreement with the multilateral

institution or international organization

shall stipulate that such entity is to

make reasonable efforts, as necessary, to

ensure that the assistance is not diverted

in support of drug trafficking.

Example:

The State Department provides $600,000 to

the United Nations for the United Nations

Drug Control Program, specifically

designating that Government D of a covered

country receive $150,000 and Corporation E

receive $60,000 for training programs in a

covered country. Individuals who will

receive training are not specifically

designated by the State Department. The

United Nations is a covered entity based on

§ 140.4(a)(1); Government D is a covered

entity based on §§ 140.4(b) and 140.7(b);

Corporation E is not a covered entity under

§§ 140.4(b) and 140.7(b) because it has been

designated to receive less than $100,000 in

assistance (§ 140.3(c)(2)). Participant trainees

are not covered individuals because they fall

under the exception contained in § 140.7(c)

(see also § 140.4(a)(2)).

§ 140.8 Recipients of scholarships,

fellowships, and participant training.

(a) Procedures. Individuals who are

located in a covered country and who

are proposed recipients of scholarships,

fellowships, or participant training,

except those falling under the exception

contained in § 140.7(c), are subject to

the review procedures, criteria, and

procedures concerning violations

identified subsequent to obligation of

funds set forth in § 140.6. Such review

of recipient individuals is in addition to

the provisions applicable to the

recipient entity providing the

assistance.

(b) Certifications. Individuals who are

located in a covered country and who

are proposed recipients of scholarships,

fellowships, or participant training shall

also be required to certify prior to

approval that, within the last ten years,

they have not been convicted of a

narcotics offense, have not been engaged

in drug trafficking, and have not

knowingly assisted, abetted, conspired,
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36577

or colluded with others in drug

trafficking. False certification may

subject the assistance recipient to U.S.

criminal prosecution under 18 U.S.C.

Sec. 1001 and to withdrawal of

assistance under this part.

§ 140.9 Other non-governmental entities

and individuals.

(a) Procedures. Section 140.9 applies

to private voluntary agencies,

educational institutions, for-profit firms,

other non-governmental entities and

private individuals. A nongovernmental entity that is not

organized under the laws of the United

States shall be subject to the review

procedures and criteria set forth in

§ 140.6(a) and (b). A non-governmental

entity that is organized under the laws

of the United States shall not be subject

to such review procedures and criteria.

However, an agency providing

assistance shall follow such review

procedures and criteria, as modified by

section § 140.14, if the agency has

reasonable grounds to suspect that a

proposed U.S. non-governmental entity

or a key individual of such entity may

be or may have been involved in drug

trafficking or may have been convicted

of a narcotics offense. Procedures set

forth in § 140.6(c) concerning violations

identified subsequent to obligation shall

apply to both U.S. and foreign nongovernmental entities.

Examples:

(1) A $100,000 grant to a covered U.S.

university for participant training would not

be subject to the review procedures and

criteria in § 140.6(a) and (b). However, a

proposed participant would be subject to the

review procedures and criteria in § 140.6(a)

and (b) as part of the agency’s approval

process.

(2) A $100,000 grant to a covered foreign

private voluntary agency for participant

training would be subject to the review

procedures and criteria in § 140.6(a) and (b).

In addition, each proposed participant would

be subject to the review procedures and

criteria in § 140.6(a) and (b) as part of the

agency’s approval process.

(b) Refunds. A clause shall be

included in grants, contracts, and other

agreements with both U.S. and foreign

non-governmental entities requiring that

assistance provided to or through such

an entity that is subsequently found to

have been engaged in drug trafficking,

as defined in this part, shall be subject

to refund or recall.

(c) Certifications. Prior to approval of

covered assistance, key individuals (as

described in § 140.6(a)(3)) in both U.S.

and foreign non-governmental entities

shall be required to certify that, within

the last ten years, they have not been

convicted of a narcotics offense, have

not been engaged in drug trafficking and

have not knowingly assisted, abetted,

conspired, or colluded with others in

drug trafficking. False certification may

subject the signatory to U.S. criminal

prosecution under 18 U.S.C. Sec. 1001.

§ 140.10 Intermediate credit institutions.

(a) Treatment as Non-Governmental

Entity or as a Foreign Government

Entity. Intermediate credit institutions

(‘‘ICIs’’) shall be subject to either the

procedures applicable to foreign

government entities or those applicable

to non-governmental entities, depending

on the nature of the specific entity. The

Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs or the Assistant

Secretary’s designee, in consultation

with the agency proposing the

assistance and other appropriate

bureaus and agencies, shall determine

(consistent with the definition of

‘‘foreign state’’ set forth in the Foreign

Sovereign Immunities Act, 28 U.S.C.

1603(a) and made applicable by § 140.5)

whether the ICI will be treated as a nongovernmental entity or a foreign

government entity.

(b) Refunds. In addition to measures

required as a consequence of an ICI’s

treatment as a non-governmental entity

or a foreign government entity, a clause

shall be included in agreements with all

ICIs requiring that any loan greater than

$1,000 provided by the ICI to an

individual or entity subsequently found

to have been convicted of a narcotics

offense or engaged in drug trafficking, as

defined in this part, shall be subject to

refund or recall.

§ 140.11 Minimum enforcement

procedures.

Sections 140.6 through 140.10

represent the minimum procedures that

each agency providing assistance must

apply in order to implement FAA

Section 487. Under individual

circumstances, however, additional

measures may be appropriate. In those

cases, agencies providing assistance are

encouraged to take additional steps, as

necessary, to ensure that the statutory

restrictions are enforced.

§ 140.12 Interagency review procedures.

If the agency proposing the assistance

disagrees with a determination by the

Country Narcotics Coordinator to

withhold assistance or take other

measures, the agency may request that

the determination be reviewed by the

Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs in coordination

with other appropriate bureaus and

agencies. Unless otherwise determined

by the Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs, the assistance shall

continue to be withheld pending

resolution of the review.

§ 140.13 Notification to foreign entities and

individuals.

(a) Unless otherwise determined

under § 140.13(b), if a determination has

been made that assistance to a foreign

entity or individual is to be withheld,

suspended, or terminated under this

part, the agency administering such

assistance shall so inform the affected

entity or individual. Except as the

agency administering such assistance,

the Country Narcotics Coordinator, and

the agency or agencies that are the

source of information that formed the

basis for withholding, suspending, or

terminating assistance may otherwise

agree, the entity or individual shall be

notified solely of the statutory basis for

withholding, suspending, or terminating

assistance.

(b) Before such notification, the

Country Narcotics Coordinator shall be

responsible for ascertaining, in

coordination with the investigating

agency, that notification would not

interfere with an on-going criminal

investigation. If the investigating agency

believes that there is a significant risk of

such interference, the Country Narcotics

Coordinator, in coordination with the

investigating agency, shall determine

the means of compliance with this

statute that best minimizes such risk.

§ 140.14 Special procedures for U.S.

entities and individuals.

(a) If the Country Narcotics

Coordinator makes a preliminary

decision that evidence exists to justify

withholding, suspending, or terminating

assistance to a U.S. entity, U.S. citizen,

or permanent U.S. resident, the matter

shall be referred immediately to the

Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs for appropriate

action, to be taken in consultation with

the agency proposing the assistance and

the agency or agencies that provided

information reviewed or relied upon in

making the preliminary decision.

(b) If a determination is made that

assistance is to be withheld, suspended,

or terminated under this part, the

Assistant Secretary of State for

International Narcotics and Law

Enforcement Affairs, or the Assistant

Secretary’s designee, shall notify the

affected U.S. entity, U.S. citizen, or

permanent U.S. resident and provide

such entity or individual with an

opportunity to respond before action is

taken. In no event, shall this part be

interpreted to create a right to classified
36578 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

1The Act addresses interstate coordination for

inter-state nonattainment areas (42 U.S.C. 7504)

mainly for nonattainment planning. Because the

interstate air quality planning organization

involved, the MWAQC, meets the requirements of

section 174 of the Act, EPA believes all interstate

coordination requirements have been fulfilled. In

the absence of an agreement to prepare a

nonattainment area-wide plan, each state could

have developed and submitted a SIP revision to

obtain the 15% reasonable further progress

requirement independently of the others. The

MWAQC process also ensures that the consultation

between air quality and transportation planning

agencies is performed as required under the Act (42

U.S.C. 7506(c)) and under EPA’s transportation

conformity final rule (40 CFR 93.100).

information or law enforcement

investigatory information by such entity

or individual.

Dated: May 31, 1998.

Madeleine K. Albright,

Secretary of State.

[FR Doc. 98–17870 Filed 7–6–98; 8:45 am]

BILLING CODE 4710–08–V

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SIPTRAX NO. DC–25–2010a; FRL–6120–3]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; 15 Percent Plan for the

Metropolitan Washington, D.C. Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is granting conditional

approval of a State Implementation Plan

(SIP) revision submitted by the District

of Columbia (the District) to meet the 15

percent reasonable further progress

implementation plan (15% plan)

requirements of the Clean Air Act (the

Act) for the District’s portion of the

Metropolitan Washington, D.C. ozone

nonattainment area. EPA is granting

conditional approval because the

District’s enhanced inspection

maintenance (I/M) program, which is

one of the many control measures

adopted by the District to achieve the

15% reduction in volatile organic

compounds (VOC), has only been

conditionally approved, the 15% plan

must also be conditionally approved.

The intended effect of this action is to

conditionally approve the 15% plan

submitted by the District of Columbia in

accordance with the Clean Air Act.

DATES: This direct final rule is effective

on September 8, 1998 without further

notice, unless EPA receives adverse

comment by August 6, 1998. If adverse

comment is received, EPA will publish

a timely document withdrawing the

rule.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone and

Mobile Sources Branch, Mailcode

3AP21, U.S. Environmental Protection

Agency—Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania,

19107. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Persons interested in examining these

documents should schedule an

appointment with the contact person

(listed below) at least 24 hours before

the visiting day. Copies of the

documents relevant to this action are

also available at the District of Columbia

Department of Public Health, Air

Quality Division, 2100 Martin Luther

King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT:

Christopher Cripps, Ozone and Mobile

Sources Branch (3AP21), U.S. EPA—

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103, or by

telephone at (215) 814–2179. Questions

may also be addressed via e-mail, at:

cripps.christopher@epamail.epa.gov

[Please note that only written comments

can be accepted for inclusion in the

docket.]

SUPPLEMENTARY INFORMATION: On April

16, 1998 the District of Columbia

Department of Health (DoH) submitted a

revision to its State Implementation

Plan (SIP) for the Washington, D.C.

ozone nonattainment area. The revision

consists of a plan to achieve a fifteen

percent reduction from 1990 base year

levels in volatile organic compound

(VOC) emissions. During the

summertime months, VOC emissions

contribute significantly to the formation

of ground level ozone, and many

volatile organic compounds are also

toxic or hazardous air pollutants.

I. Background

The Washington, D.C. metropolitan

area is classified as a serious ozone

nonattainment area. Section 182(b)(1) of

the Act requires ozone nonattainment

areas classified as moderate or above to

develop plans to meet specific

reasonable further progress, also known

as rate-of-progress (ROP), for the

reduction of VOC emissions.

Specifically, section 182(b)(1) requires a

SIP revision to reduce by 1996 VOC

emissions by fifteen percent from 1990

baseline levels in the area while

accounting for growth in VOC emissions

from 1990 to 1996. These ‘‘15% plans’’

were due to be submitted to EPA by

November 15, 1993, with the reductions

to occur within 6 years (i.e., November

15, 1996). The Act sets limitations on

the creditability of certain control

measures towards reasonable further

progress. Specifically, states cannot take

credit for reductions achieved by

Federal Motor Vehicle Control Program

(FMVCP) measures (e.g., new car

emissions standards) promulgated prior

to 1990; or for reductions stemming

from regulations promulgated pursuant

to section 211(h) of the Act to lower the

volatility [i.e., Reid Vapor Pressure

(RVP)] of gasoline. Furthermore, section

182(b)(1) of the Act does not allow

credit towards reasonable further

progress for post-1990 corrections to

existing motor vehicle inspection and

maintenance (I/M) programs or

corrections to reasonably available

control technology (RACT) rules, since

these programs were required to be inplace prior to 1990. In addition to these

restrictions, a creditable measure must

be either in the SIP, result from a

national rule promulgated by EPA or be

contained in a permit issued under Title

V of the Act. Any measure must result

in real, permanent, quantifiable and

enforceable emission reductions to be

creditable toward the 15% goal.

The Washington, D.C. ozone

nonattainment area consists of the entire

District of Columbia, five counties in

Northern Virginia and five counties in

Maryland. Virginia, Maryland and the

District all must demonstrate reasonable

further progress for the Washington,

D.C. nonattainment area. The

Commonwealth of Virginia, State of

Maryland and the District of Columbia

in conjunction with municipal planning

organizations collaborated on a

coordinated 15% plan for the entire

Metropolitan Washington, D.C.

nonattainment area (regional 15% plan).

This was done under the auspices of the

regional air quality planning committee,

the Metropolitan Washington Air

Quality Committee (MWAQC), and with

the assistance of the local municipal

planning organization, the Metropolitan

Washington Council of Governments

(MWCOG), to ensure coordination of air

quality and transportation planning.1

Although the plan was developed by

a regional approach, each jurisdiction is

required to submit its 15% plan to EPA

as a revision to its SIP.

Because the reasonable further

progress requirements such as the 15%

plan affect transportation improvement

plans, municipal planning organizations

have historically been heavily involved

in air quality planning in the