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1 II Federal Register / Vol. 68, No. 45 / Friday, March 7, 2003

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2 III

Contents Federal Register Vol. 68, No. 45

Friday, March 7, 2003

Agriculture Department See International Trade Administration See Food Safety and Inspection Service See National Institute of Standards and Technology See Forest Service See National Oceanic and Atmospheric Administration See Natural Resources Conservation Service NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 11037 submissions, and approvals, 11031–11033 Environmental statements; notice of intent: Committee for Purchase From People Who Are Blind or Allegheny National Forest, PA, 11033–11035 Severely Disabled NOTICES Air Force Department Procurement list; additions and deletions, 11035–11036 NOTICES Active military service and discharge determinations: Pursers as part of civilian flight crew and aviation ground Committee for the Implementation of Textile Agreements support employees of TWA serving with Air NOTICES Transport Command (2/26/1942-8/14/1945), 11068– Cotton, wool, and man-made textiles: 11069 Romania, 11067 Uniformed Aviation Industry Contract Technical Specialists at Ladd Field, AK, to test Army Air Force Commodity Futures Trading Commission airplanes (2/1/1942-2/22/1944), 11069 NOTICES Contract market proposals: Army Department Chicago Board of Trade— See Engineers Corps Mini-sized corn, soybeans, and wheat, 11067–11068 NOTICES Patent licenses; non-exclusive, exclusive, or partially Consumer Product Safety Commission exclusive: NOTICES Rough terrain cargo parachute assembly, 11069 Meetings; Sunshine Act, 11068 Blind or Severely Disabled, Committee for Purchase From People Who Are Defense Department See Committee for Purchase From People Who Are Blind See Air Force Department or Severely Disabled See Army Department See Engineers Corps Broadcasting Board of Governors NOTICES Employment and Training Administration Meetings; Sunshine Act, 11036 NOTICES Adjustment assistance: Centers for Disease Control and Prevention Crowe Logging, Inc., 11149–11150 NOTICES General Binding Corp., 11150 Agency information collection activities; proposals, General Electric Industrial Systems, 11150 submissions, and approvals, 11113–11115 Harman Wisconsin, Inc., 11150 Grant and cooperative agreement awards: Jacobson Greenhouse, Inc., 11150–11151 Pan American Health Organization, 11115 Ocwen Technology Xchange, 11151 United Nations Children’s Fund, 11116 Producto Machine Co. et al., 11151–11153 Relizon, 11153 Centers for Medicare & Medicaid Services NAFTA transitional adjustment assistance: RULES Eaton Corp., 11153 Medicare: Oneida Ltd. Silversmiths, 11153 Long-term care hospitals; prospective payment system; implementation and 2003 FY rates; correction, Employment Standards Administration 10987–10988 NOTICES PROPOSED RULES Medicare: Agency information collection activities; proposals, Long-term care hospitals; prospective payment system; submissions, and approvals, 11153–11155 annual payment rate updates and policy changes, Minimum wages for Federal and federally-assisted 11233–11292 construction; general wage determination decisions, NOTICES 11155–11156 Agency information collection activities; proposals, submissions, and approvals, 11116–11117 Energy Department See Energy Efficiency and Renewable Energy Office Commerce Department See Energy Information Administration See Foreign-Trade Zones Board See Federal Energy Regulatory Commission

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NOTICES Federal Aviation Administration Meetings: RULES Environmental Management Site-Specific Advisory Standard instrument approach procedures, 10962–10965 Board— PROPOSED RULES Savannah River Site, SC, 11071–11072 Airworthiness directives: Eurocopter France, 11014–11015 Energy Efficiency and Renewable Energy Office SOCATA-Groupe AEROSPATIALE, 11015–11019 NOTICES RULES Consumer products; energy conservation program: Exemption petitions; summary and disposition, 11170– Energy conservation standards and test procedures— 11171 Refrigerators and refrigerator-freezers, 10957–10961 Meetings: PROPOSED RULES RTCA, Inc., 11171–11172 Consumer products; energy conservation program: Passenger facility charges; applications, etc.: Energy conservation standards and test procedures— Arcata/Eureka Airport, CA, 11173 Refrigerators and refrigerator-freezers, 11009–11010 Long Beach Municipal Airport (Daugherty Field), CA, 11172–11173 Reports and guidance documents; availability, etc.: Energy Information Administration Airworthiness certification of aircraft and related NOTICES products; aircraft built from spare and/or surplus Meetings: parts; change, 11173–11174 American Statistical Association Committee on Energy Statistics, 11071 Federal Communications Commission NOTICES Engineers Corps Agency information collection activities; proposals, NOTICES submissions, and approvals, 11106–11107 Environmental statements; availability, etc.: Rulemaking proceedings; petitions filed, granted, denied, Missouri River Fish and Wildlife Mitigation Project, IA et etc., 11107 al., 11069–11070 Environmental statements; notice of intent: Federal Energy Regulatory Commission Biscayne Bay Coastal Wetlands Project, FL, 11070–11071 NOTICES Environmental statements; availability, etc.: Greenbrier Pipeline Co., LLC, 11072–11073 Environmental Protection Agency Environmental statements; notice of intent: RULES Dominion Transmission, Inc., et al., 11073–11075 Air quality implementation plans; approval and Hydroelectric applications, 11075–11082 promulgation; various States: Applications, hearings, determinations, etc.: California, 10966–10969 Saguaro Power Co. et al., 11072 Iowa, 10969–10972 Southern Co. Services, Inc., 11072 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Federal Highway Administration 1,3 Benzene dicarboxylic acid, etc., 10983–10987 NOTICES Pyriproxyfen, 10972–10982 PROPOSED RULES Agency information collection activities; proposals, Air quality implementation plans; approval and submissions, and approvals, 11174–11176 promulgation; various States: California, 11022–11023 Federal Labor Relations Authority Iowa, 11023 RULES NOTICES Organization, functions, and authority delegations: Committees; establishment, renewal, termination, etc.: New addresses and telephone and fax numbers, 10953– Science Advisory Board, 11082–11084 10954 Confidential business information and data transfer, 11084– 11086 Federal Maritime Commission Environmental statements; availability, etc.: NOTICES Agency statements— Ocean transportation intermediary licenses: Comment availability, 11087 A.C.T. Logistics, Inc., et al., 11108 Weekly receipts, 11086–11087 Altamar Shipping Services, Inc., et al., 11108–11109 Meetings: Cargozone Trans Corp. et al., 11109 Local Government Advisory Committee, 11087–11088 Pesticide, food, and feed additive petitions: Federal Mediation and Conciliation Service Bayer CropScience, 11088–11093 NOTICES Interregional Research Project (No. 4), 11093–11096 Grants and cooperative agreements; availability, etc.: Interregional Research Project (No. 4) et al., 11096–11100 Labor-Management Cooperation Program, 11109–11112 Mycogen/Dow AgroSciences, 11100–11103 Pesticides; experimental use permits, etc.: Federal Reserve System Mycogen Seeds/Dow Agrosciences LLC, 11103–11105 PROPOSED RULES Superfund; response and remedial actions, proposed Home mortgage disclosure (Regulation C): settlements, etc.: Transition rules for applications; staff commentary, Meadowlands Plating & Finishing Site, NJ, 11105–11106 11010–11013

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NOTICES Indian Affairs Bureau Banks and bank holding companies: NOTICES Change in bank control, 11112 Tribal-State Compacts approval; Class III (casino) gambling: Formations, acquisitions, and mergers, 11112 Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, OR, 11123 Food and Drug Administration NOTICES Interior Department Agency information collection activities; proposals, See Geological Survey submissions, and approvals, 11117–11120 See Indian Affairs Bureau Meetings: See Land Management Bureau Risk management activities; workshop, 11120–11121 See National Park Service See Reclamation Bureau Food Safety and Inspection Service PROPOSED RULES Internal Revenue Service Food labeling: NOTICES United States cattle and United States fresh beef Agency information collection activities; proposals, products; definitions; labeling requirements; submissions, and approvals, 11178–11180 withdrawn, 11008–11009 International Trade Administration Foreign-Trade Zones Board NOTICES Antidumping: NOTICES Circular welded non-alloy steel pipe from— Applications, hearings, determinations, etc.: Mexico, 11037–11038 Texas, 11037 Fresh Atlantic salmon from— Chile, 11038–11039 Forest Service Mechanical transfer presses from— NOTICES Japan, 11039–11041 Meetings: Natural bristle paintbrushes and brush heads from— Resource Advisory Committees— China, 11041–11044 Yakutat, 11035 Pasta from— Italy, 11044–11045 Geological Survey Preserved mushrooms from— NOTICES India, 11045–11051 Grants and cooperative agreements; availability, etc.: Indonesia, 11051–11057 National Spatial Data Infrastructure Program, 11122– Silicon metal from— 11123 China, 11057–11058 Stainless steel bar from— Government Printing Office India, 11058–11065 NOTICES Meetings: International Trade Commission Depository Library Council, 11113 NOTICES Import investigations: Generalized System of Preferences; possible Health and Human Services Department modifications; 2002 review, 11143–11144 See Centers for Disease Control and Prevention Polyvinyl alcohol from— See Centers for Medicare & Medicaid Services Germany and Japan, 11144–11146 See Food and Drug Administration Meetings; Sunshine Act, 11146 See Substance Abuse and Mental Health Services Administration PROPOSED RULES Justice Department Energy Employees Occupational Illness Compensation See Immigration and Naturalization Service Program Act; implementation: See Justice Programs Office Special Exposure Cohort; classes of employees designated See National Institute of Corrections NOTICES as members; procedures, 11293–11310 Agency information collection activities; proposals, submissions, and approvals, 11146–11147 Housing and Urban Development Department NOTICES Justice Programs Office Grants and cooperative agreements; availability, etc.: NOTICES Facilities to assist homeless— Agency information collection activities; proposals, Excess or surplus Federal property, 11122 submissions, and approvals, 11147

Immigration and Naturalization Service Labor Department RULES See Employment and Training Administration Immigration: See Employment Standards Administration Visa waiver pilot program— See Mine Safety and Health Administration Belgium, Italy, Portugal, and Uruguay; designations as NOTICES participants, 10954–10957 Consumer price index; U.S. city average, 11149

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Land Management Bureau Environmental statements; availability, etc.: NOTICES Morristown National Historical Park, NJ, 11133 Agency information collection activities; proposals, National Register of Historic Places: submissions, and approvals, 11123–11126 Pending nominations, 11133–11134 Committees; establishment, renewal, termination, etc.: Native American human remains and associated funerary Resource Advisory Councils— objects: Alaska et al., 11126–11127 American Museum of Natural History, New York, NY— Environmental statements; availability, etc.: Tinglit brass hat from Alaska, 11135 Black Rock Desert-High Rock Canyon Emigrant Trails Army Department, Fort Benning, GA— National Conservation Area, NV, 11127–11129 Yuchi/Muscogee inventory from various sites in Caribou County, ID; North Rasmussen Ridge phosphate Chattahoochee and Muscogee Counties, GA, and mine, 11129 Russell County, AL; correction, 11135–11136 Meetings: Field Museum of Natural History, Chicago, IL— Resource Advisory Committees— Thunder Clan War Bundle associated with Ho-Chunk Eugene District, 11129–11130 people, 11136 Resource Advisory Councils— Horner Collection, Oregon State University, Corvallis, New Mexico, 11130 OR— Survey plat filings: Tolowa skull from Del Norte County, CA, 11136–11137 California, 11130–11132 Louisiana State University Museum of Natural Science, Baton Rouge, LA— Mine Safety and Health Administration Inventory from Angola Farm site, West Feliciana RULES Parish, LA, 11137–11138 Mining products; testing, evaluation, and approval: Oakland Museum of California, Oakland, CA— Mobile battery-powered machines; plug and receptacle- Quinault shamans’ power figures, 11138 type connectors; alternate locking devices Peabody Museum of Archaeology and Ethnology, Harvard Withdrawn, 10965 University, MA— National Institute of Corrections Captain Posh-ka of Kuh-lah-na-pi Tribe of Pomo NOTICES Indians (remains); correction, 11138–11139 Grants and cooperative agreements; availability, etc.: Sitka National Historical Park, AK— Executive Training for Women; team development, 11147 Russian blacksmith’s hammer (Katlian’s Hammer) and Prison Staffing Analysis; Best Practices, 11148–11149 Chilkat robe (Herring Rock Robe), 11139–11140 Springfield Science Museum, MA— National Institute of Standards and Technology Ceramic elbow pipe, etc., from various locations in NOTICES western Massacusetts, 11140 Agency information collection activities; proposals, Inventory from various sites in Florida, 11140–11141 submissions, and approvals, 11065–11066 University of Missouri-Columbia, Museum of Anthropology, Columbia, MO— National Oceanic and Atmospheric Administration Inventory from Saline County, MO, 11142 RULES Walter Elwood Museum and Greater Amsterdam School Fishery conservation and management: District, Amsterdam, NY— Alaska; fisheries of Exclusive Economic Zone— Inventory from Montgomery County, NY, 11142–11143 Bering Sea and Aleutian Islands groundfish, 11004– 11007 Caribbean, Gulf, and South Atlantic fisheries— National Science Foundation Gulf king mackerel, 11003–11004 NOTICES West Coast States and Western Pacific fisheries— Meetings: Pacific Coast groundfish, 11181–11232 Mathematical and Physical Sciences Advisory International fishery regulations: Committee, 11156–11157 Pacific halibut— Catch sharing plan, 10989–11003 Natural Resources Conservation Service PROPOSED RULES NOTICES Fishery conservation and management: Field office technical guides; changes: Northeastern United States fisheries— Tennessee, 11035 Monkfish, 11023–11030 NOTICES Coastal zone management programs and estuarine Nuclear Regulatory Commission sanctuaries: NOTICES State programs— Applications, hearings, determinations, etc.: Intent to evaluate performance, 11066–11067 Entergy Operations, Inc., 11157–11159 Hinman, Donald, 11159–11161 National Park Service Monro, Linda, 11161–11162 PROPOSED RULES Nuclear Management Co., LLC, 11163 Special regulations: Saguaro National Park, AZ; designated bicycle routes, 11019–11022 Pension Benefit Guaranty Corporation NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 11132–11133 submissions, and approvals, 11163–11164

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Railroad Retirement Board NOTICES NOTICES Meetings: Agency information collection activities; proposals, Electronic Transmission and Storage of Drug Testing submissions, and approvals, 11164 Information Federal Advisory Committee, 11169– 11170 Reclamation Bureau NOTICES Treasury Department Meetings: See Internal Revenue Service Glen Canyon Dam Adaptive Management Work Group, RULES 11143 Currency and foreign transactions; financial reporting and recordkeeping requirements: Research and Special Programs Administration Bank Secrecy Act; implementation— NOTICES Funds transmittal by financial institutions; conditional Meetings: exception expiration, 10965–10966 Pipeline Safety Advisory Committees, 11176 Reports and guidance documents; availability, etc.: United States Sentencing Commission Excess flow valve installation on gas service lines; cost- benefit study, 11177 NOTICES Sentencing guidelines and policy statements for Federal Securities and Exchange Commission courts, 11169 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 11164–11165 Separate Parts In This Issue Nasdaq Liffe Markets, LLC, 11165–11167 Philadelphia Stock Exchange, Inc., 11167–11169 Part II Commerce Department, National Oceanic and Atmospheric Sentencing Commission, United States Administration, 11181–11232 See United States Sentencing Commission Substance Abuse and Mental Health Services Part III Administration Health and Human Services Department, Centers for NOTICES Medicare & Medicaid Services, 11233–11292 Meetings: Substance Abuse Treatment Center National Advisory Part IV Council, 11121–11122 Health and Human Services Department, 11293–11310 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, reminders, See Federal Aviation Administration and notice of recently enacted public laws. See Federal Highway Administration See Research and Special Programs Administration To subscribe to the Federal Register Table of Contents RULES LISTSERV electronic mailing list, go to http:// Organization, functions, and authority delegations: listserv.access.gpo.gov and select Online mailing list Under Secretary of Transportation for Security et al., archives, FEDREGTOC-L, Join or leave the list (or change 10988–10989 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

5 CFR Ch. XIV ...... 10953 2416...... 10953 2424...... 10953 2429...... 10953 2471...... 10953 2472...... 10953 8 CFR 217...... 10954 9 CFR Proposed Rules: 317...... 11008 327...... 11008 10 CFR 430...... 10957 Proposed Rules: 430...... 11009 12 CFR Proposed Rules: 203...... 11010 14 CFR 97 (2 documents) ...... 10962, 10963 Proposed Rules: 39 (2 documents) ...... 11014, 11015 30 CFR 18...... 10965 31 CFR 103...... 10965 36 CFR Proposed Rules: 7...... 11019 40 CFR 52 (2 documents) ...... 10966, 10969 70...... 10969 180 (2 documents) ...... 10972, 10983 Proposed Rules: 52 (2 documents) ...... 11022, 11023 70...... 11023 42 CFR 412...... 10987 Proposed Rules: 83...... 11294 412...... 11234 49 CFR 1...... 10988 50 CFR 300...... 10989 622...... 11003 660...... 11182 679...... 11004 Proposed Rules: 648...... 11023

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Rules and Regulations Federal Register Vol. 68, No. 45

Friday, March 7, 2003

This section of the FEDERAL REGISTER Service Impasses Panel. Because of the PART 2416—ENFORCEMENT OF contains regulatory documents having general relocation of those offices, and the NONDISCRIMINATION ON THE BASIS applicability and legal effect, most of which change in certain telephone numbers, it OF HANDICAP IN PROGRAMS OR are keyed to and codified in the Code of is necessary to revise these provisions of ACTIVITIES CONDUCTED BY THE Federal Regulations, which is published under the agency’s regulations. 50 titles pursuant to 44 U.S.C. 1510. FEDERAL LABOR RELATIONS Regulatory Flexibility Act Certification AUTHORITY The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of Pursuant to section 605(b) of the 1. The authority citation for Part 2416 new books are listed in the first FEDERAL Regulatory Flexibility Act, 5 U.S.C. continues to read as follows: REGISTER issue of each week. 605(b), the Federal Labor Relations Authority: 29 U.S.C. 794. Authority has determined that these 2. Section 2416.170(c) is revised to regulations, as amended, will not have read as follows: FEDERAL LABOR RELATIONS a significant economic impact on a AUTHORITY substantial number of small entities, § 2416.170 Compliance procedures. because they apply to federal * * * * * 5 CFR Parts 2416, 2424, 2429, 2471, employees, federal agencies, and labor (c) The Director, Equal Employment 2472, and Appendix A to 5 CFR organizations representing federal Opportunity, shall be responsible for Chapter XIV employees. coordinating implementation of this section. Complaints may be sent to New Addresses and Phone Numbers Unfunded Mandates Reform Act of Director, Equal Employment AGENCY: Federal Labor Relations 1995 Opportunity, Federal Labor Relations Authority, General Counsel of the These regulatory changes will not Authority, 1400 K Street, NW., Federal Labor Relations Authority, and result in the expenditure by state, local, Washington, DC 20424–0001. Federal Service Impasses Panel. and tribal governments, in the aggregate, * * * * * ACTION: Amendment of rules and or by the private sector, of $100,000,000 regulations. or more in any one year, and it will not PART 2424—NEGOTIABILITY significantly or uniquely affect small PROCEEDINGS SUMMARY: The Federal Labor Relations governments. Therefore, no actions were 3. The authority citation for Part 2424 Authority, the General Counsel of the deemed necessary under the provisions continues to read as follows: Federal Labor Relations Authority, and of the Unfunded Mandates Reform Act the Federal Service Impasses Panel are of 1995. Authority: 5 U.S.C. 7134. relocating their headquarters offices. Accordingly, it is necessary to amend 5 Small Business Regulatory Enforcement 4. Section 2424.10 is revised to read CFR Chapter XIV to reflect the change Fairness Act of 1996 as follows: in the addresses, telephone numbers, These rules are not major rules as § 2424.10 Collaboration and Alternative and fax numbers for these offices. defined by section 804 of the Small Dispute Resolution Program. EFFECTIVE DATE: March 17, 2003. Business Regulatory Enforcement Where an exclusive representative FOR FURTHER INFORMATION CONTACT: Fairness Act of 1996. These rules will and an agency are unable to resolve Yvonne Thomas, Director, not result in an annual effect on the disputes that arise under this part, they Administrative Services Division, (202) economy of $100,000,000 or more; a may request assistance from the 482–6650. major increase in costs or prices; or Collaboration and Alternative Dispute SUPPLEMENTARY INFORMATION: significant adverse effects on Resolution Program (CADR). Upon Paragraphs (a), (b), (c), and (e) of competition, employment, investment, request, and as agreed upon by the Appendix A to 5 CFR Chapter XIV set productivity, innovation, or on the parties, CADR representatives will forth the addresses, telephone numbers, ability of United States-based attempt to assist the parties to resolve and fax numbers of the headquarters companies to compete with foreign- these disputes. Parties seeking offices of the Authority, the General based companies in domestic and information or assistance under this part Counsel, the Chief Administrative Law export markets. may call or write the CADR Office at Judge of the Authority, and the Federal (202) 482–6503, 1400 K Street, NW., Service Impasses Panel, respectively. 5 Paperwork Reduction Act of 1995 Washington, DC 20424–0001. A brief CFR 2416.170(c) provides for the filing These regulations contain no summary of CADR activities is available of matters relating to enforcement of information collection or record keeping on the Internet at www.flra.gov. nondiscrimination on the basis of requirements under the Paperwork PART 2429—MISCELLANEOUS AND handicap; 5 CFR 2424.10 provides the Reduction Act of 1995 (44 U.S.C. 3507 GENERAL REQUIREMENTS address and telephone number of the et seq.) Authority’s Collaboration and CHAPTER XIV—FEDERAL LABOR 5. The authority citation for Part 2429 Alternative Dispute Resolution Program; RELATIONS AUTHORITY continues to read as follows: 5 CFR 2429.24(a) specifies the place and method of filing documents with the For the reasons set out in the Authority: 5 U.S.C. 7134; § 2429.18 also Authority; and 5 CFR 2471.2, 2471.4, preamble and under the authority of 5 issued under 28 U.S.C. 2112(a). 2472.3, and 2472.5 concern U.S.C. 7134, these provisions are 6. Section 2429.24(a) is revised to communications with the Federal amended as follows: read as follows:

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§ 2429.24 Place and method of filing; impasse resulting from an agency DEPARTMENT OF JUSTICE acknowledgment. determination not to establish or to (a) All documents filed or required to terminate a flexible or compressed work Immigration and Naturalization Service be filed with the Authority pursuant to schedule by filing a request as this subchapter shall be filed with the hereinafter provided. A form is available 8 CFR Part 217 Director, Case Control Office, Federal for use by the parties in filing a request Labor Relations Authority, Docket with the Panel. Copies are available RIN 1115–AB93 Room, Suite 200, 1400 K Street, NW., from the Office of the Executive Attorney General’s Evaluations of the Washington, DC 20424–0001 Director, Federal Service Impasses Designations of Belgium, Italy, (telephone: (202) 482–6540) between 9 Panel, Suite 200, 1400 K Street, NW., Portugal, and Uruguay as Participants a.m. and 5 p.m., Monday through Friday Washington, DC 20424–0001. Under the Visa Waiver Program (except Federal holidays). Documents Telephone (202) 482–6670. Fax (202) hand-delivered for filing must be 482–6674. Use of the form is not AGENCY: Immigration and Naturalization presented in the Docket Room not later required provided that the request Service, Justice. than 5 p.m. to be accepted for filing on includes all of the information set forth ACTION: Interim rule with request for that day. in § 2472.4. comments. * * * * * § 2472.5 Where to file. SUMMARY: The Visa Waiver Program PART 2471—PROCEDURES OF THE Requests to the Panel provided for in (VWP) permits nationals from PANEL these rules, and inquiries or designated countries to apply for correspondence on the status of admission to the United States for 7. The authority citation for Part 2471 impasses or other related matters, continues to read as follows: ninety (90) days or less as visitors for should be directed to the Executive business or pleasure without first Authority: 5 U.S.C. 7119, 7134. Director, Federal Service Impasses obtaining a nonimmigrant visa. This 8. Sections 2471.2 and 2471.4 are Panel, Suite 200, 1400 K Street, NW., interim rule summarizes the evaluations revised to read as follows: Washington, DC 20424–0001. of the Attorney General related to the Telephone (202) 482–6670. Fax (202) participation of Belgium, Italy, Portugal, § 2471.2 Request form. 482–6674. and Uruguay in the VWP. The A form is available for use by the Appendix A to 5 CFR Ch. XIV—Current Department of Justice, in consultation parties in filing a request for with the Department of State, has consideration of an impasse or approval Addresses and Geographic Jurisdictions determined that: (1) Belgium will be of a binding arbitration procedure. allowed to continue participating in the Copies are available from the Office of 11. Appendix A to 5 CFR Ch. XIV is VWP on a provisional basis for one year, the Executive Director, Federal Service amended by revising paragraphs (a), (b), with another evaluation to be conducted Impasses Panel, Suite 200, 1400 K (c) and (e) to read as follows: at that time to determine whether Street, NW., Washington, DC 20424– (a) The Office address, telephone Belgium’s continued participation in the 0001. Telephone (202) 482–6670. Use of number, and fax number of the VWP is in the law enforcement and the form is not required provided that Authority are: Suite 200, 1400 K Street, security interests of the United States. In the request includes all of the NW., Washington, DC 20424–0001; addition, after May 15, 2003, citizens of information set forth in § 2471.3. telephone: (202) 482–6540; fax: (202) Belgium who wish to travel to the § 2471.4 Where to file. 482–6657. United States under the VWP must (b) The Office address, telephone present a machine-readable passport Requests to the Panel provided for in number, and fax number of the General issued by the Government of Belgium. this part, and inquiries or Counsel are: Suite 200, 1400 K Street, (2) Italy will continue to be correspondence on the status of NW., Washington, DC 20424; telephone: designated as a VWP country without impasses or other related matters, (202) 482–6600; fax:(202) 482–6608. change. should be addressed to the Executive (c) The Office address, telephone (3) Portugal will continue to be Director, Federal Service Impasses number, and fax number of the Chief designated as a VWP country, with the Panel, Suite 200, 1400 K Street, NW., Administrative Law Judge are: Suite Department of State taking appropriate Washington, DC 20424–0001. 300, 1400 K Street, NW., Washington, action. Telephone (202) 482–6670. Fax (202) DC 20424; telephone: (202) 482–6630; (4) Uruguay will be be terminated 482–6674. fax: (202) 482–6629. from the VWP because Uruguay’s PART 2472—IMPASSES ARISING * * * * * participation in the VWP is inconsistent PURSUANT TO AGENCY (e) The Office address, telephone with U.S. interest in enforcing the DETERMINATIONS NOT TO number, and fax number of the Federal immigration laws of the United States ESTABLISH OR TO TERMINATE Service Impasses Panel are: Suite 200, because there are high intercept and FLEXIBLE OR COMPRESSED WORK 1400 K Street, NW., Washington, DC overstay rates for Uruguayans. Nationals SCHEDULES 20424; telephone: (202) 482–6670; fax: of Uruguay who intend to travel to the (202) 482–6674. United States after April 15, 2003, for 9. The authority citation for Part 2472 legitimate business or pleasure must * * * * * continues to read as follows: acquire a nonimmigrant visa at a U.S. (5 U.S.C. 7134) Authority: 5 U.S.C. 6131. consulate or embassy prior to their Dated: March 4, 2003. arrival in the United States. 10. Sections 2472.3 and 2472.5 are revised to read as follows: Yvonne Thomas, DATES: Effective date: This interim rule Director, Administrative Services Division, is effective April 15, 2003. § 2472.3 Request for Panel Consideration Federal Labor Relations Authority. Comment date: Written comments Either party, or the parties jointly, [FR Doc. 03–5429 Filed 3–6–03; 8:45 am] must be submitted on or before May 6, may request the Panel to resolve an BILLING CODE 6712–01–P 2003.

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ADDRESSES: Please submit written country’s designation should be readable passport in order to be comments to the Director, Regulations continued or terminated. 8 U.S.C. admitted under the VWP. Nationals of and Forms Services Division, 1187(c)(5)(A)(i)(II). Additionally, the Belgium who possess a nonmachine- Immigration and Naturalization Service, statute provides that ‘‘[n]otwithstanding readable passport who intend to travel 425 I Street, NW., Room 4034, any other provision of this section, the to the United States after May 15, 2003, Washington, DC 20536. To ensure Attorney General, in consultation with for legitimate business or pleasure must proper handling, please reference ‘‘RIN the Secretary of State, may for any acquire a nonimmigrant visa at a U.S. 1115–AB93’’ on your correspondence. reason (including national security) . . . consulate or embassy prior to their Comments may be submitted rescind any . . . designation previously arrival in the United States. As stated, electronically to the Immigration and granted under this section.’’ 8 U.S.C. under 8 U.S.C. 1187(d), the Attorney Naturalization Service (Service) at 1187(d). General ‘‘may refrain from waiving the [email protected]. Comments submitted Evaluations of Belgium, Italy, visa requirement in respect to nationals electronically should include ‘‘RIN Portugal, and Uruguay were conducted of any country which may otherwise 1115–AB93’’ in the subject heading. following the attacks of September 11, qualify for designation. * * *’’ After Comments are available for public 2001. Officials from the Immigration May 15, 2003, the Attorney General will inspection at the above address by and Naturalization Service (‘‘INS’’) and refrain from waiving the visa calling (202) 514–3048 to arrange for an Department of State participated in the requirement for any citizen of Belgium appointment. evaluation process, which included who does not present a machine- visiting each individual country and FOR FURTHER INFORMATION CONTACT: readable passport at the time of the meeting with representatives of each Colleen Manaher, Assistant Chief application for admission. In addition, country’s government. Reports Inspector, Inspections Division, after one year, Belgium will again be summarizing the evaluations were Immigration and Naturalization Service, evaluated for continued participation in drafted, incorporating comments from 425 I Street NW., Room 4064, the VWP. The Department of State will law enforcement and security agencies Washington, DC 20536, telephone take appropriate action to inform the of the United States. number: (202) 514–3019. Government of Belgium as to the expectations of the Government of the SUPPLEMENTARY INFORMATION: What Is the Attorney General’s Determination Regarding Belgium and United States during the provisional What Is the Visa Waiver Progam Why? one-year period. (‘‘VWP’’)? Belgium will be allowed to continue What Is the Attorney General’s The VWP permits nationals from participating in the VWP on a Determination Regarding Italy and designated countries to apply for provisional basis for one year, with Why? admission to the United States for another evaluation to be conducted at Italy will continue to be designated as ninety (90) days or less as nonimmigrant that time to determine whether a VWP country without change. Overall, visitors for business or pleasure without Belgium’s continued participation in the the efforts of the Government of Italy to first obtaining a nonimmigrant visa from VWP is in the law enforcement and advance the law enforcement, security, a U.S. consular officer abroad, provided security interests of the United States. In and extradition interests of the United that all statutory and regulatory addition, after May 15, 2003, citizens of States were found to be satisfactory. requirements are met. 8 U.S.C. 1187(a). Belgium that wish to travel to the Abuse of the VWP by Italian nationals If arriving by air or sea, a VWP traveler United States under the VWP must appears to be minor. must arrive on a carrier that signed an present a machine-readable passport agreement (‘‘signatory carrier’’) issued by the Government of Belgium. What Is the Attorney General’s guaranteeing to transport inadmissible During the course of the evaluation of Determination Regarding Portugal and or deportable VWP travelers out of the Belgium, it became apparent that there Why? United States at no expense to the is cause for concern as to the integrity Portugal will continue to be United States. 8 U.S.C. 1187(e). of nonmachine-readable Belgian designated as a VWP country. It should Why Is the Attorney General Issuing passports and to the inadequate be noted, however, that the evaluation This Interim Rule? reporting of lost or stolen passports by raised concerns about the timeliness of the Belgian government. In March 2001, reporting of lost or stolen passports by The VWP began in 1988 as a pilot the Government of Belgium began the Government of Portugal. The program and remained such until issuing machine-readable passports that Department of State will take October 30, 2000, when the Visa Waiver include security features. However, appropriate action to address those Permanent Program Act, Pub. L. No. there remain thousands of valid concerns with the Government of 106–396, 114 Stat. 1637, made the nonmachine-readable Belgian passports Portugal. program permanent, with some in circulation. modifications. The Visa Waiver In addition, the evaluation team What Is the Attorney General’s Permanent Program Act added a new collected data regarding the number of Determination Regarding Uruguay and requirement that the Attorney General stolen or lost Belgian passports, Why? conduct periodic evaluations of each including blank passports that contain Effective April 15, 2003, Uruguay will country participating in the VWP. 8 no photograph or identifying be terminated from the VWP because U.S.C. 1187(c)(5)(A)(i). The evaluations information. There is a concern that, in Uruguay’s participation in the VWP is must address the effect of the country’s the past, there has not been inconsistent with the U.S. interest in continued designation on the law comprehensive reporting of lost or enforcing the immigration laws of the enforcement and security interests of stolen passports, and that such reporting United States. the United States. 8 U.S.C. has not been timely. Uruguay’s program designation 1187(c)(5)(A)(i)(I). The statute also For these reasons, pursuant to 8 appears to facilitate high-risk travel to requires the Attorney General, in U.S.C. 1187(d), after May 15, 2003, the United States. Between 1998 and consultation with the Secretary of State, Belgian citizens seeking to enter the 2001, Uruguayan nonimmigrant travel to determine whether an evaluated United States must present a machine- to the United States increased

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approximately 15%, while the number What Is the Legal Status of a regulation and, by approving it, certifies of U.S. port-of-entry intercepts Uruguayan National Who Was that this rule will not have a significant increased approximately 320%. In 2002, Admitted to the United States Under economic impact on a substantial Uruguayan nationals were two to three the VWP Before April 15, 2003, and number of small entities. Although times more likely than all Who Has Time Remaining on His or individuals doing business with small nonimmigrants on average to have been Her Period of Admission? entities will no longer be allowed to denied admission at the border. As long as the alien lawfully gained enter the United States without having admission under the VWP before the a visa, they will be able to seek In Fiscal Year (‘‘FY’’) 2001, there were admission to the United States by 16,878,477 visits to the United States effective date of this termination of designation rule, and continues to be in obtaining a nonimmigrant visa at a from citizens of the 29 VWP countries. United States consulate or embassy Of that total, 72,915 visits were from compliance with the terms of his or her admission, he or she may remain in the prior to arrival in the United States. Uruguayan citizens. In FY 2001, 151 This action is necessary to further the Uruguayans were denied admission to United States for the period of time authorized on the date of admission. law enforcement and national security the United States. In FY 2001, the INS interests of the United States. confirmed that 1,194 Uruguayans had The Department notes, however, that an alien admitted as a visitor for overstayed before departing the U.S. Executive Order 12866 business or pleasure under the VWP is The termination of Uruguay in the not eligible for change or extension of This rule is considered by the VWP is based on the significant increase nonimmigrant status under the existing Department of Justice, to be a in the number of inadmissible regulations. ‘‘significant regulatory action’’ under Uruguayans seeking admission to the Executive Order 12866, section 3(f), Good Cause Exception United States since Argentina was Regulatory Planning and Review. terminated from the VWP on February This interim rule is effective April 15, Accordingly, this rule has been 21, 2002. For the past three years 2003, although the Service invites post- submitted to the Office of Management Uruguay has experienced a recession promulgation comments and will and Budget (OMB) for review. that has caused its citizens to seek to address any such comments in a final Executive Order 13132 use the VWP to live and work illegally rule. The visa waiver program statute This rule will not have substantial in the United States. Uruguayan air provides that ‘‘[a] termination of the direct effects on the States, on the arrivals had an apparent overstay rate of designation of a country under [8 U.S.C. 1187(c)(5)(A)(i)] shall take effect on the relationship between the National 37%, more than twice the rate of the Government and the States, or on the average apparent overstay rate for all air date determined by the Attorney General, in consultation with the distribution of power and arrival nonimmigrants (14.9%). Secretary of State.’’ 8 U.S.C. responsibilities among the various In May 2001, the United States 1187(c)(5)(A)(ii). Additionally, a levels of government. Therefore, in Government notified the Government of rescission of a designation under 8 accordance with section 6 of Executive Uruguay of its concerns regarding U.S.C. 1187(d) may be made ‘‘at any Order 13132, it is determined that this Uruguayan abuse of the VWP. time.’’ 8 U.S.C. 1187(d). If the rule does not have sufficient federalism Notwithstanding the efforts of the provisions of 5 U.S.C. 553 are otherwise implications to warrant the preparation Government of Uruguay, the number of applicable, however, the Service finds of a federalism summary impact Uruguayan nationals intercepted more that good cause exists for adopting this statement. than doubled from 151 in FY 2001 to rule without the prior notice and Unfunded Mandates Reform Act of 356 in FY 2002. comment period ordinarily required by 1995 Accordingly, the Attorney General is 5 U.S.C. 553 for the following reasons. Reestablishing the normal This rule will not result in the terminating Uruguay’s participation in nonimmigrant visa requirements for expenditure by State, local and tribal the VWP under sections Uruguayan nationals will have the effect governments, in the aggregate, or by the 217(c)(5)(A)(i)(II) of the Immigration and of stemming the flow of unauthorized private sector, of $100 million or more Nationality Act (8 U.S.C. immigration to the United States by in any one year, and it will not 1187(c)(5)(A)(i)(II)). This section such nationals. This action must be significantly or uniquely affect small authorizes the Attorney General, in taken as soon as possible. The effective governments. Therefore, no actions were consultation with the Secretary of State, date of the termination, April 15, 2003, deemed necessary under the provisions to terminate a country’s VWP will allow travelers who have travel of the Unfunded Mandates Reform Act designation after the periodic plans in the near future to proceed with of 1995. evaluation. The abuse of the VWP by those plans and will allow the Small Business Regulatory Enforcement Uruguayan nationals seeking to remain Department of State sufficient time to Fairness Act of 1996 permanently in the United States is prepare for the additional workload inconsistent with the enforcement of resulting from the termination. Because This rule is not a major rule as U.S. immigration laws. The Attorney further delaying the effective date of this defined by section 251 of the Small General also is rescinding the interim rule is contrary to the public Business Regulatory Enforcement Act of designation of Uruguay under section interest, there is good cause under 5 1996. 5 U.S.C. 804. This rule will not 217(d) of the Immigration and U.S.C. 553 to make this rule effective on result in an annual effect on the Nationality Act (8 U.S.C. 1187(d)), April 15, 2003 without notice and economy of $100 million or more; a which permits the Attorney General, in comment. major increase in costs or prices; or significant adverse effects on consultation with the Secretary of State, Regulatory Flexibility Act to rescind any designation ‘‘for any competition, employment, investment, reason.’’ The Attorney General, in accordance productivity, innovation, or on the with the Regulatory Flexibility Act (5 ability of United States-based U.S.C. 605(b)), has reviewed this companies to compete with foreign-

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based companies in domestic and ACTION: Direct final rule. Washington, DC 20585, (202) 586–9507, export markets. E-mail: [email protected]. SUMMARY: The Department of Energy SUPPLEMENTARY INFORMATION: Executive Order 12988 (Department or DOE) today promulgates This rule meets the applicable a revision to the test procedure for I. Introduction standards set forth in sections 3(a) and measuring the energy consumption of A. Authority refrigerators and refrigerator-freezers. B. Background 3(b)(2) of Executive Order 12988. II. Discussion The revision changes the calculation of Paperwork Reduction Act III. Final Action the test time period for long-time IV. Procedural Requirements Under the Paperwork Reduction Act automatic defrost to give credit for a A. Review Under the National of 1995, Public Law 104–13, 109 Stat. control capable of timing defrost to Environmental Policy Act of 1969 163, all departments are required to occur other than during a compressor B. Review Under Executive Order 12866, submit to OMB, for review and ‘‘on’’ cycle, thereby taking advantage of ‘‘Regulatory Planning and Review’’ approval, any reporting requirements the natural warming of the evaporator C. Review Under the Regulatory Flexibility inherent in a final rule. This rule does during an ‘‘off’’ cycle, and saving Act not impose any new reporting and additional energy. The revision has no D. ‘‘Takings’’ Assessment Review E. Review Under Executive Order 13132, recordkeeping requirements under the effect on the testing of refrigerators and Paperwork Reduction Act. ‘‘Federalism’ refrigerator-freezers that do not have a F. Review Under the Paperwork Reduction List of Subjects in 8 CFR Part 217 long-time automatic defrost system. Act This change in the test procedure will G. Review Under Executive Order 12988, Air carriers, Aliens, Maritime carriers, encourage the use of energy enhancing ‘‘Civil Justice Reform’’ Passports and visas. technology. This amendment to the test H. Review Under the Unfunded Mandates Reform Act of 1995 PART 217—VISA WAIVER PROGRAM procedure will not cause any refrigerator or refrigerator-freezer that I. Review Under the Treasury and General currently complies with the minimum Government Appropriations Act, 1999 1. The heading for part 217 is revised J. Review Under Executive Order 13211 as set forth above. energy conservation standards to K. Review Under the Small Business Authority: 8 U.S.C. 1103, 1187; 8 CFR part become noncompliant with the Regulatory Enforcement Fairness Act 2. standard. L. Approval by the Office of the Secretary 2. The authority citation for part 217 DATES: This direct final rule is effective I. Introduction continues to read as follows: May 6, 2003, unless adverse or critical comments are received by April 7, 2003. A. Authority § 217.2 [Amended] If the effective date is delayed, timely Part B of title III of the Energy Policy 3. Section 217.2(a) is amended under notice will be published in the Federal and Conservation Act, as amended the definition ‘‘Designated country’’ by Register. (EPCA or Act), establishes the Energy removing ‘‘and Uruguay’’ from the list ADDRESSES: Written comments should Conservation Program for Consumer of countries, by adding ‘‘and’’ before be addressed to: Ms. Brenda Edwards- Products Other Than Automobiles ‘‘the United Kingdom’’ and adding a Jones, U.S. Department of Energy, Office (Program). The products currently period after, and by adding after of Energy Efficiency and Renewable ‘‘citizens of British Commonwealth subject to this Program (‘‘covered Energy, EE–2J, 1000 Independence products’’) include residential countries.’’, ‘‘After May 15, 2003, Avenue, SW., Washington, DC 20585– citizens of Belgium must present a refrigerators and refrigerator-freezers, 0121. E-mail address: Brenda.Edwards- machine-readable passport in order to the subject of today’s direct final rule. [email protected]. You should identify be granted admission under the Visa Under the Act, the Program consists all such documents both on the Waiver Program’’. of three parts: testing, labeling, and the envelope and on the documents as Federal energy conservation standards. Dated: February 28, 2003. Energy Conservation Program for The Department, in consultation with John Ashcroft, Consumer Products: Test Procedures for the National Institute of Standards and Attorney General. Refrigerators and Refrigerator-Freezers, Technology (NIST), must amend or [FR Doc. 03–5244 Filed 3–6–03; 8:45 am] Docket No. EE–RM/TP–02–001. establish test procedures as appropriate BILLING CODE 4410–10–P Copies of public comments received for each of the covered products. (42 may be read in the Freedom of U.S.C. 6293). The purpose of the test Information Reading Room (Room No. procedures is to measure energy DEPARTMENT OF ENERGY 1E–190) at the U.S. Department of efficiency, energy use, or estimated Energy, Forrestal Building, 1000 annual operating cost of a covered Office of Energy Efficiency and Independence Avenue, SW., product during a representative average Renewable Energy Washington, DC between the hours of 9 use cycle or period of use. The test a.m. and 4 p.m., Monday through procedure must not be unduly 10 CFR Part 430 Friday, except Federal holidays. burdensome to conduct. (42 U.S.C. [Docket No. EE–RM/TP–02–001] FOR FURTHER INFORMATION CONTACT: 6293(b)(3)). Michael Raymond, U.S. Department of If a test procedure is amended, EPCA RIN 1904–AB12 Energy, Office of Energy Efficiency and section 323(e)(1) requires DOE to Renewable Energy, EE–2J, 1000 determine, in the rulemaking, to what Energy Conservation Program for Independence Avenue, SW., extent, if any, the new test procedure Consumer Products: Test Procedure Washington, DC 20585–0121, (202) 586– would change the measured energy for Refrigerators and Refrigerator- 9611, E-mail: efficiency or measured energy use of Freezers [email protected]; or any covered product as determined AGENCY: Office of Energy Efficiency and Francine Pinto, Esq., U.S. Department of under the existing test procedure. (42 Renewable Energy, Department of Energy, Office of General Counsel, GC– U.S.C. 6293(e)(1)). If DOE determines Energy. 72, 1000 Independence Avenue, SW., that the amended test procedure would

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change the measured energy efficiency would allow for the existence of a change in the wording. AHAM or measured energy use of a covered control that is capable of timing defrost suggested that the four hour limitation product, DOE must amend the to occur other than during a compressor of the test commence when the defrost applicable energy conservation standard ‘‘on’’ cycle, thereby taking advantage of heater is initiated, rather than at the during the rulemaking that establishes the natural warming of the evaporator beginning of the second part of the two- the new test procedure. In determining during an ‘‘off’’ cycle, and saving energy part test period. It stated that this the amended energy conservation as a result. Technology has advanced change would alleviate concerns about standard, DOE is required to measure sufficiently that it is feasible to design ‘‘the possibility of being able to modify the energy efficiency or energy use of a and build a system that no longer has to the performance of a refrigerator to such representative sample of covered initiate defrost during a compressor run an extent that it would not recover from products that minimally comply with period, as did the old mechanical defrost in the four hour time period the existing standard. The average defrost timers. Electrolux asked to have allotted within the proposed waiver.’’ energy efficiency or energy use of these the time before the heaters turn ‘‘on’’ be AHAM recommended that representative samples, tested using the included in the defrost period. The Electrolux’s proposed language be amended test procedure, shall constitute evaporator is warming up during this changed so that revised section 4.1.2.1 the amended energy conservation or time, with no use of electrical energy. of the test procedure would read as energy use standard for the applicable The current test procedure does not follows: covered products. (42 U.S.C. 6293(e)(2)). properly account for the energy savings ‘‘Long-time Automatic Defrost. If the model Beginning 180 days after an amended produced by Electrolux’s timing of the being tested has a long-time automatic or new test procedure for a covered defrost heater activation. defrost system, the test period may consist of product is prescribed or established The Department received three two parts. A first part would be the same as under section 323(b) of EPCA, no written comments concerning the the test for a unit having no defrost manufacturer, distributor, retailer, or petition for waiver. All the comments provisions (section 4.1.1). The second part private labeler may make any supported granting the waiver, with one would start when a defrost is initiated when representation with respect to the modification. the compressor ‘‘on’’ cycle is terminated prior to start of the defrost heater and energy use, efficiency, or cost of energy Maytag supported Electrolux’s consumed by such product, unless such terminates at the second turn ‘‘on’’ of the proposal provided that it is applicable compressor or four hours from the initiation product has been tested in accordance on an industry-wide basis to all of the defrost heater, whichever comes first.’’ with such amended or new DOE manufacturers. The Department’s AHAM stated that it discussed this procedure and such representation fully waiver process allows for granting of change with its members, and was not discloses the results of such testing. (42 waivers for a ‘‘particular basic model,’’ aware of any member who disagreed U.S.C. 6293(c)(2)). so the waiver requested and granted with its position. It specifically listed applies only to the Electrolux basic B. Background the following members as having models that include variable defrost participated in and concurred in its On November 21, 2000, Electrolux control. Without a test procedure proposal: GE Appliances, Electrolux filed an application for interim waiver change, any manufacturer desiring to Home Products, Fisher & Paykel, and a petition for waiver regarding the use this modification to the test Maytag, Sub-Zero, and Whirlpool. In calculation of the long-time automatic procedure could do so only by defrost test time period in refrigerators summary, AHAM asserted that all petitioning the Department for its own and refrigerator-freezers having a commenters on Electrolux’s Petition waiver. variable defrost control function. The Fisher & Paykel, a major manufacturer were in agreement with AHAM’s Department granted the interim waiver of refrigerators in New Zealand, proposal. on July 30, 2001, and published its generally approved of Electrolux’s II. Discussion decision in the Federal Register on petition, but argued for a somewhat The Department consulted with the August 3, 2001. (66 FR 40689). In the different modification. It proposed that same Federal Register notice, the National Institute of Standards & the third sentence of section 4.1.2.1 of Department published Electrolux’s Technology (NIST), which agreed that the test procedure (which is the only petition for waiver, and solicited the current test procedure for sentence Electrolux sought to modify) comments, data, and information refrigerators and refrigerator-freezers is read as follows: respecting the petition. On March 29, not clear with regard to the initiation of 2002, DOE published a notice in the ‘‘The second part would start at the last the defrost cycle test time period in Federal Register extending the interim compressor off that is part of steady state Electrolux’s new product. (The current waiver for 180 days, or until July 25, operation (or at a point still within stable test procedure states: ‘‘The second operation if there are no temperature swings) period would start when a defrost 2002, because it determined that it before a defrost is initiated. It would would seek to amend the refrigerator terminate at the [second] [third] turn ‘‘on’’ of period is initiated during a compressor and refrigerator-freezer test procedure the compressor or after four hours, whichever ‘‘on’’ cycle * * *’’ Electrolux’s new and the planned amendment would comes first. If there are compressor swings product initiates the defrost period eliminate any need for continuation of without compressor cycling, the start point when the compressor is ‘‘off’’.) NIST the waiver. (67 FR 15192). Furthermore, shall be at the last temperature peak in stable informed the Department that the amendment of the test procedure would operation and the end point shall be at the change proposed in the Electrolux allow all manufacturers to use the [second] [third] temperature peak after the Petition would clarify the defrost cycle amended test procedure if they have a defrost.’’ initiation and more accurately measure product with a long-time automatic Finally, the Association of Home the energy consumption of Electrolux’s defrost function. Appliance Manufacturers (AHAM), new product. NIST endorsed the revised Electrolux’s petition requested that representing the manufacturers who language proposed by AHAM. As stated the calculation of the test time period produce over 90% of the household above, all commenters on the test for long-time automatic defrost models refrigerators and refrigerator-freezers in procedure change apparently support be modified for its variable defrost the U.S., agreed in principle with AHAM’s proposal. This proposed control models. This modification Electrolux’s petition, but requested a change has widespread support and will

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result in a test procedure that more DOE views this amendment as C. Review Under the Regulatory accurately measures energy noncontroversial and anticipates no Flexibility Act consumption. The application of the significant adverse comments. However, The Regulatory Flexibility Act, 5 existing test procedure to the new in the event that significant adverse or U.S.C. 601–612, requires that an agency product is unclear, and this amendment critical comments are filed, DOE has prepare an initial regulatory flexibility will clarify its application to the new prepared a Notice of Proposed analysis for any rule, for which a product. For all these reasons, the Rulemaking (NOPR) proposing the same general notice of proposed rulemaking Department has determined that it amendment. This NOPR is contained in is required, that would have a should promulgate this direct final rule a separate document in this Federal significant economic effect on small and make a change to the refrigerator Register publication. The direct final entities unless the agency certifies that and refrigerator-freezer test procedure. action will be effective May 6, 2003, the proposed rule, if promulgated, will The revised calculation of the test unless significant adverse or critical not have a significant economic impact time period results in a small (generally comments are received by April 7, 2003. on a substantial number of small about one percent) decrease in the If DOE receives significant adverse or entities. 5 U.S.C. 605. tested energy consumption of models critical comments, the revisions will be Today’s rule prescribes test that incorporate the advanced defrost withdrawn before the effective date. In procedures that will be used to test timing feature, a feature that delays the the case of withdrawal of this action, the compliance with energy conservation initiation of the defrost heater, thereby withdrawal will be announced by a standards. The rule affects refrigerator using natural warming to defrost. subsequent Federal Register document. and refrigerator-freezer test procedures Section 323(e) of EPCA requires the All public comments will then be and would not have a significant Department, in a rulemaking, to addressed in a separate final rule based economic impact, but rather would determine to what extent, if any, the on the proposed rule that is also issued provide common testing methods. proposed test procedure would change today. DOE will not implement a second Therefore DOE certifies that today’s rule the existing measured energy efficiency comment period on this action. Any would not have a ‘‘significant economic or measured energy use of any covered parties interested in commenting on this impact on a substantial number of small product under the existing test rule should do so at this time. If no entities,’’ and the preparation of a procedure. This statutory provision is significant adverse comments are regulatory flexibility analysis is not designed to prevent the alteration of an received, the public is advised that this warranted. existing Federal energy conservation rule will be effective May 6, 2003. standard that otherwise could result D. ‘‘Takings’’ Assessment Review from a change in a test procedure. It also IV. Procedural Requirements DOE has determined pursuant to seeks to ensure that products in A. Review Under the National Executive Order 12630, ‘‘Governmental compliance with the applicable energy Environmental Policy Act of 1969 Actions and Interference with conservation standards under the Constitutionally Protected Property existing test procedure will not be put In this rule, the Department Rights,’’ 53 FR 8859 (March 18, 1988), out of compliance because the test promulgates a small change to the test that this regulation would not result in procedure has been amended. When the procedure for measuring the energy any takings which might require Department considers section 323(e) of consumption of household refrigerators compensation under the Fifth EPCA in the context of this direct final and refrigerator-freezers. The Amendment to the United States rule, the Department concludes that no Department has determined that this Constitution. change to the energy conservation rule falls into a class of actions that are standard is required. The reasons are as categorically excluded from review E. Review Under Executive Order 13132, follows: (1) This test procedure under the National Environmental ‘‘Federalism’’ amendment affects only products with a Policy Act of 1969 (NEPA), 42 U.S.C. Executive Order 13132, ‘‘Federalism,’’ variable defrost control function, none 4321 et seq. The rule is covered by 64 FR 43255 (August 4, 1999), requires of which minimally comply with the Categorical Exclusion A5, for that regulations, rules, legislation, and existing standard. There are, therefore, rulemakings that interpret or amend an any other policy actions be reviewed for no minimally-compliant products under existing rule without changing the any substantial direct effects on States, section 323(e) that would show any environmental effect, as set forth in the on the relationship between the Federal change in energy use under the Department’s NEPA regulations in government and the States, or in the amended test procedure. (2) This test Appendix A to subpart D, 10 CFR part distribution of power and procedure amendment, which was 1021. This rule will not affect the responsibilities among various levels of developed to give credit to an energy quality or distribution of energy usage government. If there are substantial saving technology, will result in and, therefore, will not result in any direct effects, then this Executive Order lowering the measured energy use. environmental impacts. Accordingly, requires preparation of a federalism Lowering measured energy use will, of neither an environmental impact assessment to be used in all decisions course, not raise energy use over the statement nor an environmental involved in promulgating and standard, which prescribes a ceiling on assessment is required. implementing a policy action. The rule published today would not maximum energy use. Instead, lowering B. Review Under Executive Order 12866, regulate or otherwise affect the States. energy use merely removes measured ‘‘Regulatory Planning and Review’’ energy use further from that ceiling. Accordingly, DOE has determined that Therefore, this amendment does not Today’s rule is not a ‘‘significant preparation of a federalism assessment make any compliant products non- regulatory action’’ under Executive is unnecessary. compliant with the applicable energy Order 12866, ‘‘Regulatory Planning and F. Review Under the Paperwork conservation standard. Review.’’ 58 FR 51735 (October 4, 1993). Accordingly, today’s action is not Reduction Act III. Final Action subject to review under the Executive No new information or record keeping DOE is publishing this direct final Order by the Office of Information and requirements are imposed by this rule without prior proposal because Regulatory Affairs. rulemaking. Accordingly, no OMB

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clearance is required under the which such costs to State, local, and energy supply, distribution, or use Paperwork Reduction Act, 44 U.S.C. tribal governments may be paid with should the proposal be implemented, 3501 et seq. Federal financial assistance; (iii) if and of reasonable alternatives to the feasible, estimates of the future action and their expected benefits on G. Review Under Executive Order compliance costs and of any energy supply, distribution, and use. 12988, ‘‘Civil Justice Reform’’ disproportionate budgetary effects the Today’s rule will not have a With respect to the review of existing mandate has on particular regions, significant adverse effect on the supply, regulations and the promulgation of communities, non-Federal units of distribution, or the use of energy, and, new regulations, section 3(a) of government, or sectors of the economy; therefore, is not a significant energy Executive Order 12988, ‘‘Civil Justice (iv) if feasible, estimates of the effect on action. Accordingly, DOE has not Reform,’’ 61 FR 4729 (February 7, 1996), the national economy; and (v) a prepared a Statement of Energy Effects. imposes on Executive agencies the description of the Department’s prior general duty to adhere to the following consultation with elected K. Review Under the Small Business requirements: (1) Eliminate drafting representatives of State, local, and tribal Regulatory Enforcement Fairness Act errors and ambiguity; (2) write governments and a summary and As required by 5 U.S.C. 801, DOE will regulations to minimize litigation; and evaluation of the comments and report to Congress on the promulgation (3) provide a clear legal standard for concerns presented. of today’s rule prior to its effective date. affected conduct rather than a general The Department has determined that The report will state that it has been standard and promote simplification the action today does not include a determined that the rule is not a ‘‘major and burden reduction. With regard to Federal mandate that may result in rule’’ as defined by 5 U.S.C. 801(2). the review required by sections 3(a) and estimated costs of $100 million or more 3(b) of Executive Order 12988, it to State, local or to tribal governments L. Approval of the Office of the specifically requires that Executive in the aggregate or to the private sector. Secretary agencies make every reasonable effort to Therefore, the requirements of sections The Secretary of Energy has approved ensure that the regulation: (1) Clearly 203 and 204 of the Unfunded Mandates publication of today’s direct final rule. specifies the preemptive effect, if any; Act do not apply to this action. (2) clearly specifies any effect on List of Subjects in 10 CFR Part 430 existing Federal law or regulation; (3) I. Review Under the Treasury and Administrative practice and provides a clear legal standard for General Government Appropriations procedure, Energy conservation, affected conduct while promoting Act, 1999 Household appliances. simplification and burden reduction; (4) Section 654 of the Treasury and Issued in Washington, DC, on February 28, specifies the retroactive effect, if any; (5) General Government Appropriations 2003. adequately defines key terms; and (6) Act, 1999 (Pub. L. 105–277) requires David K. Garman, Federal agencies to issue a Family addresses other important issues Assistant Secretary, Energy Efficiency and affecting clarity and general Policymaking Assessment for any Renewable Energy. draftsmanship under any guidelines proposed rule or policy that may affect issued by the Attorney General. Section family well-being. Today’s rule would For the reasons set forth in the 3(c) of Executive Order 12988 requires not have any impact on the autonomy preamble, the Department amends part Executive agencies to review regulations or integrity of the family as an 430 of chapter II of title 10, Code of in light of applicable standards in institution. Accordingly, DOE has Federal Regulations, to read as follows: sections 3(a) and 3(b) to determine concluded that it is not necessary to PART 430—ENERGY CONSERVATION whether they are met or it is prepare a Family Policymaking PROGRAM FOR CONSUMER unreasonable to meet one or more of Assessment. PRODUCTS them. DOE reviewed today’s rule under J. Review Under Executive Order 13211 the standards of section 3 of the 1. The authority citation for part 430 Executive Order and determined that, to Executive Order 13211, ‘‘Actions continues to read as follows: Concerning Regulations That the extent permitted by law, the Authority: 42 U.S.C. 6291–6309; 28 U.S.C. proposed regulations meet the relevant Significantly Affect Energy Supply, 2461 note. standards. Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to 2. Section 4.1.2.1 of Appendix A1 to H. Review Under the Unfunded prepare and submit to the Office of subpart B of part 430 is revised to read Mandates Reform Act of 1995 Information and Regulatory Affairs as follows: Section 202 of the Unfunded (OIRA), Office of Management and Appendix A1 to Subpart B of Part 430— Mandates Reform Act of 1995 Budget, a Statement of Energy Effects for Uniform Test Method for Measuring the (‘‘Unfunded Mandates Act’’) requires any proposed significant energy action. Energy Consumption of Electric that the Department prepare a budgetary A ‘‘significant energy action’’ is defined Refrigerators and Electric Refrigerator- impact statement before promulgating a as any action by an agency that Freezers rule that includes a Federal mandate promulgates or is expected to lead to the that may result in expenditure by state, promulgation of a final rule, and that: 4. * * * local, and tribal governments, in the (1) Is a significant regulatory action 4.1.2.1 Long-time Automatic Defrost. aggregate, or by the private sector, of under Executive Order 12866, or any If the model being tested has a long-time $100 million or more in any one year. successor order; and (2) is likely to have automatic defrost system, the test time The budgetary impact statement must a significant adverse effect on the period may consist of two parts. A first include: (i) Identification of the Federal supply, distribution, or use of energy; or part would be the same as the test for law under which the rule is (3) is designated by the Administrator of a unit having no defrost provisions promulgated; (ii) a qualitative and OIRA as a significant energy action. For (section 4.1.1). The second part would quantitative assessment of anticipated any proposed significant energy action, start when a defrost is initiated when costs and benefits of the Federal the agency must give a detailed the compressor ‘‘on’’ cycle is terminated mandate and an analysis of the extent to statement of any adverse effects on prior to start of the defrost heater and

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terminates at the second turn ‘‘on’’ of whichever comes first. See diagram in the compressor or four hours from the Figure 1 to this section. initiation of the defrost heater, BILLING CODE 6450–01–P

[FR Doc. 03–5404 Filed 3–6–03; 8:45 am] BILLING CODE 6450–01–C

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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Standard for Terminal Instrument Donald P. Pate, Flight Procedure Procedures (TERPS). In developing Federal Aviation Administration Standards Branch (AMCAFS–420), these chart changes to SIAPs by FDC/P Flight Technologies and Programs NOTAMs, the TERPS criteria were 14 CFR Part 97 Division, Flight Standards Service, applied to only these specific conditions [Docket No. 30358; Amdt. No. 3048] Federal Aviation Administration, Mike existing at the affected airports. All Monroney Aeronautical Center, 6500 SIAP amendments in this rule have Standard Instrument Approach South MacArthur Blvd., Oklahoma City, been previously issued by the FAA in a Procedures; Miscellaneous OK 73169 (Mail Address: P.O. Box National Flight Data Center (FDC) Amendments 25082 Oklahoma City, OK 73125) Notice to Airmen (NOTAM) as an telephone: (405) 954–4164. emergency action of immediate flight AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: This safety relating directly to published Administration (FAA), DOT. amendment to part 97 of the Federal aeronautical charts. The circumstances ACTION: Final rule. Aviation Regulations (14 CFR part 97) which created the need for all these establishes, amends, suspends, or SIAP amendments requires making SUMMARY: This amendment establishes, revokes Standard Instrument Approach them effective in less than 30 days. amends, suspends, or revokes Standard Procedures (SIAPs). The complete Instrument Approach Procedures Further, the SIAPs contained in this regulatory description on each SIAP is (SIAPs) for operations at certain amendment are based on the criteria contained in the appropriate FAA Form airports. These regulatory actions are contained in the TERPS. Because of the 8260 and the National Flight Data needed because of changes occurring in close and immediate relationship Center (FDC)/Permanent (P) Notices to between these SIAPs and safety in air the National Airspace System, such as Airmen (NOTAM) which are the commissioning of new navigational commerce, I find that notice and public incorporated by reference in the procedure before adopting these SIAPs facilities, addition of new obstacles, or amendment under 5 U.S.C. 552(a), 1 changes in air traffic requirements. are impracticable and contrary to the CFR part 51, and § 97.20 of the Federal public interest and, where applicable, These changes are designed to provide Aviation’s Regulations (FAR). Materials safe and efficient use of the navigable that good cause exists for making these incorporated by reference are available SIAPs effective in less than 30 days. airspace and to promote safe flight for examination or purchase as stated operations under instrument flight rules above. Conclusion at the affected airports. The large number of SIAPs, their DATES: This rule is effective March 7, complex nature, and the need for a The FAA has determined that this 2003. The compliance date for each special format make their verbatim regulation only involves an established SIAP is specified in the amendatory publication in the Federal Register body of technical regulations for which provisions. expensive and impractical. Further, frequent and routine amendments are The incorporation by reference of airmen do not use the regulatory text of necessary to keep them operationally certain publications listed in the the SIAPs, but refer to their graphic current. It, therefore—(1) is not a regulations is approved by the Director depiction of charts printed by ‘‘significant regulatory action’’ under of the Federal Register as of March 7, publishers of aeronautical materials. Executive Order 12866; (2) is not a 2003. Thus, the advantages of incorporation ‘‘significant rule’’ under DOT ADDRESSES: Availability of matter by reference are realized and Regulatory Policies and Procedures (44 incorporated by reference in the publication of the complete description FR 11034; February 26, 1979); and (3) amendment is as follows: of each SIAP contained in FAA form does not warrant preparation of a For Examination— documents is unnecessary. The regulatory evaluation as the anticipated 1. FAA Rules Docket, FAA provisions of this amendment state the impact is so minimal. For the same Headquarters Building, 800 affected CFR (and FAR) sections, with reason, the FAA certifies that this Independence Avenue, SW., the types and effective dates of the amendment will not have a significant Washington, DC 20591; SIAPs. This amendment also identifies economic impact on a substantial 2. The FAA Regional Office of the the airport, its location, the procedure number of small entities under the region in which affected airport is identification and the amendment criteria of the Regulatory Flexibility Act. located; or number. List of Subjects in 14 CFR Part 97 3. The Flight Inspection Area Office which originated the SIAP. The Rule Air Traffic Control, Airports, 4. The Office of the Federal Register, This amendment to part 97 of the incorporation by reference, and 800 North Capitol Street, NW., Suite Federal Aviation Regulations (14 CFR Navigation (Air). part 97) establishes, amends, suspends, 700, Washington, DC Issued in Washington, DC on February 28, For Purchase—Individual SIAP or revokes SIAPs. For safety and 2003. copies may be obtained from: timeliness of change considerations, this James J. Ballough, 1. FAA Public Inquiry Center (APA– amendment incorporates only specific 200), FAA Headquarters Building, 800 changes contained in the content of the Director, Flight Standards Service. Independence Avenue, SW., following FDC/P NOTAMs for each Adoption of the Amendment Washington, DC 20591; or SIAP. The SIAP information in some 2. The FAA Regional Office of the previously designated FDC/Temporary Accordingly, pursuant to the region in which the affected airport is (FDC/T) NOTAMs is of such duration as authority delegated to me, part 97 of the located. to be permanent. With conversion to Federal Aviation Regulations (14 CFR By Subscription—Copies of all SIAPs, FDC/P NOTAMs, the respective FDC/T part 97) is amended by establishing, mailed once every 2 weeks, are for sale NOTAMs have been canceled. amending, suspending, or revoking by the Superintendent of Documents, The FDC/P NOTAMs for the SIAPs Standard Instrument Approach U.S. Government Printing Office, contained in this amendment are based Procedures, effective at 0901 UTC on Washington, DC 20402. on the criteria contained in the U.S. the dates specified, as follows:

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PART 97—STANDARD INSTRUMENT 2. Part 97 is amended to read as LDA, LDA/DME, SDF, SDF/DME; APPROACH PROCEDURES follows: § 97.29 ILS, ILS/DME, ISMLS, MLS/ DME, MLS/RNAV; § 97.31 RADAR 1. The authority citation for part 97 §§ 97.23, 97.25, 97.27, 97.31, 97,33, 97.35 SIAPs; § 97.33 RNAV SIAPs; and § 97.35 continues to read as follows: [Amended]. COPTER SIAPs, Identified as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, By amending: § 97.23 VOR, VOR/ 40113, 40114, 40120, 44502, 44514, 44701, DME, VOR or TACAN, and VOR/DME ...... Effective Upon Publication 44719, 44721–44722. or TACAN; § 97.25 LOC, LOC/DME,

FDC Date State City Airport FDC No. Subject

02/12/03 ...... PA Somerset ...... Somerset County ...... 3/1212 GPS Rwy 24, Orig. This corrects FDC 3/1214 in TL03–06. 02/13/03 ...... NC Lumberton ...... Lumberton Muni ...... 3/1221 GPS Rwy 5, Orig. 02/13/03 ...... NC Lumberton ...... Lumberton Muni ...... 3/1222 ILS Rwy 5, Orig-B. 02/13/03 ...... NC Lumberton ...... Lumberton Muni ...... 3/1223 NDB Rwy 5, Amdt 1B. 02/19/03 ...... MS Tupelo ...... Tupelo Regional ...... 3/1395 ILS Rwy 36, Amdt 7A. 02/19/03 ...... NY Albany ...... Albany Intl ...... 3/1414 VOR Rwy 28, Orig-B. 02/19/03 ...... NY Albany ...... Albany Intl ...... 3/1415 ILS Rwy 1, Amdt 9C. 02/20/03 ...... OR Portland ...... Portland Intl ...... 3/1432 ILS Rwy 10R (Cat I,II,III), Amdt 31B. 02/20/03 ...... CA Palm Springs ...... Bermuda Dunes ...... 3/1466 VOR–A, Orig–A. 02/20/03 ...... CA Sacramento ...... Sacramento Intl ...... 3/1473 ILS Rwy 16R (Cats I/II/III), Amdt 14. 02/20/03 ...... MS Olive Branch ...... Olive Branch ...... 3/1477 RNAV (GPS) Rwy 18, Orig. 02/25/03 ...... ND Rugby ...... Rugby Muni ...... 3/1634 GPS Rwy 30, Orig. A 02/25/03 ...... MN Minneapolis ...... Flying Cloud ...... 3/1636 VOR Rwy 10R, Amdt 8A. 02/25/03 ...... MN Carlsbad ...... Cavern City Air Terminal ...... 3/1621 ILS Rwy 3, Amdt 4A. 02/25/03 ...... VI Charlotte Amalie ...... Cyril E. King ...... 3/1622 ILS Rwy 10, Amdt 1. 02/25/03 ...... FL Fort Lauderdale ...... Fort Lauderdale Executive ...... 3/1605 ILS Rwy 8, Amdt 4B.

[FR Doc. 03–5290 Filed 3–6–03; 8:45 am] The incorporation by reference of Federal Aviation Administration, Mike BILLING CODE 4910–13–M certain publications listed in the Monroney Aeronautical Center, 6500 regulations is approved by the Director South MacArthur Blvd., Oklahoma City, of the Federal Register as of March 7, OK 73169 (Mail Address: P.O. Box DEPARTMENT OF TRANSPORTATION 2003. 25082 Oklahoma City, OK 73125) telephone: (405) 954–4164. Federal Aviation Administration ADDRESSES: Availability of matters incorporated by reference in the SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal 14 CFR Part 97 amendment is as follows: For Examination— Aviation Regulations (14 CFR part 97) [Docket No. 30357; Amdt. No. 3047] 1. FAA Rules Docket, FAA establishes, amends, suspends, or Headquarters Building, 800 revokes Standard Instrument Approach Standard Instrument Approach Independence Avenue, SW., Procedures (SIAPs). The complete Procedures; Miscellaneous Washington, DC 20591; regulatory description of each SIAP is Amendments 2. The FAA Regional Office of the contained in official FAA form region in which the affected airport is documents which are incorporated by AGENCY: Federal Aviation located; reference in this amendment under 5 Administration (FAA), DOT. 3. The Flight Inspection Area Office U.S.C. 552(a), (1) CFR part 51, and ACTION: Final rule. which originated the SIAP; or § 97.20 of the Federal Aviation 4. The Office of Federal Register, 800 Regulations (FAR). The applicable FAA SUMMARY: This amendment establishes, North Capitol Street, NW., Suite 700, Forms are identified as FAA Forms amends, suspends, or revokes Standard Washington, DC. 8260–3, 8260–4, and 8260–5. Materials Instrument Approach Procedures For Purchase—Individual SIAP incorporated by reference are available (SIAPs) for operations at certain copies may be obtained from: for examination or purchase as stated airports. These regulatory actions are 1. FAA Public Inquiry Center (APA– above. needed because of the adoption of new 200), FAA Headquarters Building, 800 The large number of SIAPs, their or revised criteria, or because of changes Independence Avenue, SW., complex nature, and the need for a occurring in the National Airspace Washington, DC 20591; or special format make their verbatim System, such as the commissioning of 2. The FAA Regional Office of the publication in the Federal Register new navigational facilities, addition of region in which the affected airport is expensive and impractical. Further, new obstacles, or changes in air traffic located. airmen do not use the regulatory text of requirements. These changes are By Subscription—Copies of all SIAPs, the SIAPs, but refer to their graphic designed to provide safe and efficient mailed once every 2 weeks, are for sale depiction on charts printed by use of the navigable airspace and to by the Superintendent of Documents, publishers of aeronautical materials. promote safe flight operations under U.S. Government Printing Office, Thus, the advantages of incorporation instrument flight rules at the affected Washington, DC 20402. by reference are realized and airports. FOR FURTHER INFORMATION CONTACT: publication of the complete description DATES: This rule is effective March 7, Donald P. Pate, Flight Procedure of each SIAP contained in FAA form 2003. The compliance date for each Standards Branch (AMCAFS–420), documents is unnecessary. The SIAP is specified in the amendatory Flight Technologies and Programs provisions of this amendment state the provisions. Division, Flight Standards Service, affected CFR (and FAR) sections, with

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the types and effective dates of the Issued in Washington, DC, on February 28, Wichita, KS, Wichita Mid-Continent, GPS SIAPs. This amendment also identifies 2003. Rwy 19L, Orig–A, Cancelled the airport, its location, the procedure James J. Ballough, Wichita, KS, Wichita Mid-Continent, VOR/ DME RNAV Rwy 19R, Amdt 1B Director, Flight Standards Service. identification and the amendment Wichita, KS, Wichita Mid-Continent, RNAV number. Adoption of the Amendment (GPS) Rwy 19R, Orig Wichita, KS, Wichita Mid-Continent, RNAV The Rule Accordingly, pursuant to the (GPS) Rwy 32, Orig authority delegated to me, part 97 of the Wichita, KS, Wichita Mid-Continent, GPS This amendment to part 97 is effective Federal Aviation Regulations (14 CFR Rwy 32, Orig–A, Cancelled upon publication of each separate SIAP part 97) is amended by establishing, Boston, MA, General Edward Lawrence as contained in the transmittal. Some amending, suspending, or revoking Logan Intl, ILS Rwy 22L, Amdt 7 SIAP amendments may have been Minneapolis, MN, Flying Cloud, RNAV (GPS) Standard Instrument Approach Rwy 28L, Orig previously issued by the FAA in a Procedures, effective at 0901 UTC on National Flight Data Center (NFDC) Minneapolis, MN, Flying Cloud, RNAV (GPS) the dates specified, as follows: Rwy 28R, Orig Notice to Airmen (NOTAM) as an Hammonton, NJ, Hammonton Muni, RNAV emergency action of immediate flight PART 97—STANDARD INSTRUMENT (GPS) Rwy 3, Orig safety relating directly to published APPROACH PROCEDURES Hammonton, NJ, Hammonton Muni, GPS Rwy 3, Orig, Cancelled aeronautical charts. The circumstances 1. The authority citation for part 97 which created the need for some SIAP Buffalo, NY, Buffalo Niagara Intl, VOR or continues to read as follows: GPS–A, Amdt 17A, Cancelled amendments may require making them Buffalo, NY, Buffalo Niagara Intl, VOR/DME effective in less than 30 days. For the Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, RNAV or GPS Rwy 23, Orig–A, Cancelled remaining SIAPs, an effective date at 44719, 44721–44722. Buffalo, NY, Buffalo Niagara Intl, VOR/DME least 30 days after publication is RNAV or GPS Rwy 32, Amdt 5A, Cancelled provided. 2. Part 97 is amended to read as Buffalo, NY, Buffalo Niagara Intl, NDB Rwy follows: 5, Amdt 10C Further, the SIAPs contained in this Buffalo, NY, Buffalo Niagara Intl, RNAV amendment are based on the criteria §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, (GPS) Rwy 5, Orig contained in the U.S. Standard for and 97.35 [Amended] Buffalo, NY, Buffalo Niagara Intl, RNAV Terminal Instrument Procedures By amending: § 97.23 VOR, VOR/ (GPS) Rwy 23, Orig DME, VOR or TACAN, and VOR/DME Buffalo, NY, Buffalo Niagara Intl, RNAV (TERPS). In developing these SIAPs, the (GPS) Rwy 32, Orig TERPS criteria were applied to the or TACAN; § 97.25 LOC, LOC/DME, Minot, ND, Minot Intl, RNAV (GPS) Rwy 31, conditions existing or anticipated at the LDA, LDA/DME, SDF, SDF/DME; Orig affected airports. Because of the close § 97.27 NDB, NDB/DME; § 97.29 ILS, Bellefontaine, OH, Bellefontaine Regional, and immediate relationship between ILS/DME, ISMLS, MLS, MLS/DME, VOR/DME Rwy 7, Orig these SIAPs and safety in air commerce, MLS/RNAV; § 97.31 RADAR SIAPs; Bellefontaine, OH, Bellefontaine Regional, VOR/DME Rwy 25, Orig I find that notice and public procedure § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, identified as follows: Bellefontaine, OH, Bellefontaine Regional, before adopting these SIAPs are RNAV (GPS) Rwy 7, Orig impracticable and contrary to the public * * * Effective March 20, 2003 Bellefontaine, OH, Bellefontaine Regional, interest and, where applicable, that Harrison, AR, Boone County, VOR–A, Amdt RNAV (GPS) Rwy 25, Orig good cause exists for making some 13 Cleveland, OH, Cleveland-Hopkins Intl, ILS SIAPs effective in less than 30 days. Harrison, AR, Boone County, NDB Rwy 18, Rwy 24L, Amdt 18 Amdt 6 Medford, OK, Medford Muni, RNAV (GPS) Conclusion Harrison, AR, Boone County, NDB–B, Amdt Rwy 17, Orig 3 Medford, OK, Medford Muni, RNAV (GPS) The FAA has determined that this Harrison, AR, Boone County, ILS Rwy 36, Rwy 35, Orig regulation only involves an established Orig Johnstown, PA, John Murtha Johnstown- body of technical regulations for which Harrison, AR, Boone County, ILS/DME Rwy Cambria County, VOR Rwy 15, Amdt 9 36, Orig–A, Cancelled Johnstown, PA, John Murtha Johnstown- frequent and routine amendments are Harrison, AR, Boone County, RNAV (GPS) Cambria County, VOR Rwy 23, Amdt 7 necessary to keep them operationally Rwy 18, Orig Johnstown, PA, John Murtha Johnstown- current. It, therefore—(1) is not a Harrison, AR, Boone County, GPS Rwy 18, Cambria County, VOR/DME Rwy 15, Amdt ‘‘significant regulatory action’’ under Orig–A, Cancelled 5 Executive Order 12866; (2) is not a Harrison, AR, Boone County, RNAV (GPS) Johnstown, PA, John Murtha Johnstown- ‘‘significant rule’’ under DOT Rwy 36, Orig Cambria County, VOR/DME Rwy 23, Amdt Wichita, KS, Wichita Mid-Continent, VOR 1 Regulatory Policies and Procedures (44 Rwy 14, Amdt 1B Johnstown, PA, John Murtha Johnstown- FR 11034; February 26, 1979); and (3) Wichita, KS, Wichita Mid-Continent, NDB Cambria County, ILS Rwy 33, Amdt 5 does not warrant preparation of a Rwy 1R, Amdt 15B Johnstown, PA, John Murtha Johnstown- regulatory evaluation as the anticipated Wichita, KS, Wichita Mid-Continent, VOR/ Cambria County, RNAV (GPS) Rwy 5, Orig impact is so minimal. For the same DME RNAV Rwy 1L, Amdt 1C Johnstown, PA, John Murtha Johnstown- reason, the FAA certifies that this Wichita, KS, Wichita Mid-Continent, RNAV Cambria County, RNAV (GPS) Rwy 15, amendment will not have a significant (GPS) Z Rwy 1L, Orig Orig Wichita, KS, Wichita Mid-Continent, RNAV Johnstown, PA, John Murtha Johnstown- economic impact on a substantial (GPS) Y Rwy 1L, Orig Cambria County, RNAV (GPS) Rwy 23, number of small entities under the Wichita, KS, Wichita Mid-Continent, RNAV Orig criteria of the Regulatory Flexibility Act. (GPS) Rwy 1R, Orig Johnstown, PA, John Murtha Johnstown- Wichita, KS, Wichita Mid-Continent, RNAV Cambria County, RNAV (GPS) Rwy 33, List of Subjects in 14 CFR Part 97 (GPS) Rwy 14, Orig Orig Wichita, KS, Wichita Mid-Continent, RNAV West Chester, PA, Brandywine, VOR–A, Air traffic control, Airports, (GPS) Z Rwy 19L, Orig Amdt 3 Incorporation by reference, and Wichita, KS, Wichita Mid-Continent, RNAV West Chester, PA, Brandywine, RNAV (GPS) Navigation (air). (GPS) Y Rwy 19L, Orig Rwy 9, Orig

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West Chester, PA, Brandywine, RNAV (GPS) DEPARTMENT OF LABOR SUMMARY: FinCEN is giving notice of the Rwy 27, Orig expiration of a conditional exception to West Chester, PA, Brandywine, VOR/DME Mine Safety and Health Administration a Bank Secrecy Act requirement on May RNAV or GPS Rwy 27, Amdt 2, Cancelled 31, 2003. The exception permits West Chester, PA, Brandywine, GPS Rwy 9, 30 CFR Part 18 financial institutions to substitute coded Orig, Cancelled information for the true name and Burlington, VT, Burlington Intl, VOR Rwy 1, RIN 1219–AA98 (Phase 10) address of a customer in a funds Amdt 11D Alternate Locking Devices for Plug and transmittal order. Burlington, VT, Burlington Intl, NDB Rwy 15, DATES: Effective June 1, 2003. Written Amdt 19E Receptacle-Type Connectors on Mobile Battery-Powered Machines comments must be received on or before Burlington, VT, Burlington Intl, ILS Rwy 15, April 21, 2003. Amdt 22 AGENCY: Mine Safety and Health ADDRESSES: Commenters are encouraged Burlington, VT, Burlington Intl, RNAV (GPS) Administration (MSHA), Labor. to submit comments by electronic mail Rwy 1, Orig ACTION: because paper mail in the Washington, Burlington, VT, Burlington Intl, RNAV (GPS) Withdrawal of direct final rule. DC area may be delayed. Comments Y Rwy 15, Orig SUMMARY: As a result of a significant submitted by electronic mail may be Burlington, VT, Burlington Intl, RNAV (GPS) adverse comment, MSHA is Z Rwy 15, Orig sent to [email protected] withdrawing the direct final rule (68 FR with the caption in the body of the text, Burlington, VT, Burlington Intl, RNAV (GPS) 2879) on Alternate Locking Devices for Rwy 33, Orig ‘‘ATTN: Conditional Exception Plug and Receptacle-Type Connectors Expiration.’’ Comments also may be Burlington, VT, Burlington Intl, GPS Rwy 33, on Mobile Battery-Powered Machines Orig–A, Cancelled submitted by paper mail to FinCEN, PO that was published on January 22, 2003. Box 39, Vienna, VA 22183–0039, * * * Effective April 17, 2003 In the document, MSHA stated that in ‘‘ATTN: Conditional Exception Crisfield, MD, Crisfield Muni, VOR/DME–A, the event it receives a significant Expiration.’’ Comments should be sent Orig adverse comment, MSHA can address by one method only. Comments may be the comments received and publish a inspected at FinCEN between 10 a.m. * * * Effective May 15, 2003 final rule. Accordingly, all public and 4 p.m., in the FinCEN Reading Monroe, GA, Monroe-Walton County, NDB– comments that have been received in Room in Washington, DC. Persons A, Orig this rulemaking are accepted under the wishing to inspect the comments Monroe, GA, Monroe-Walton County, NDB or proposed rule (68 FR 2941) and will be submitted must request an appointment GPS Rwy 3, Amdt 3, Cancelled subsequently addressed in a new final by telephoning (202) 354–6400 (not a Monroe, GA, Monroe-Walton County, RNAV rule. MSHA will not institute a second toll-free number). (GPS) Rwy 3, Orig comment period. Comments filed FOR FURTHER INFORMATION CONTACT: Somerville, NJ, Somerset, RNAV (GPS) Rwy during this rulemaking can be viewed at David Vogt, Executive Associate 12, Orig MSHA’s Internet site at http:// Director, Office of Regulatory Programs, Somerville, NJ, Somerset, RNAV (GPS) Rwy www.msha.gov/currentcomments.htm. FinCEN, (202) 354–6400, or Judith R. 30, Orig DATES: As of March 7, 2003, this direct Starr, Chief Counsel, FinCEN, (703) Somerville, NJ, Somerset, GPS Rwy 12, Amdt final rule (68 FR 2879) published on 905–3590. 2, Cancelled January 22, 2003, is withdrawn. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: The FAA published the following I. Background procedures in Docket No. 30350; Amdt Marvin W. Nichols, Jr., Director; Office No. 3041 to Part 97 of the Federal of Standards, Regulations, and In 1998, FinCEN granted a conditional Aviation Regulations (Vol. 68, FR No. Variances, MSHA; phone: (202) 693– exception (‘‘the CIF Exception’’) to the 17, Page 3811; dated Monday, January 9440; facsimile: (202) 693–9441; e-mail: strict operation of 31 CFR 103.33(g) (the ‘‘Travel Rule’’). See FinCEN Issuance 27, 2003) under section 97.33 effective [email protected]. 98–1, 63 FR 3640 (January 26, 1998). March 20, 2003 which are hereby Dated: March 3, 2003. The Travel Rule requires a financial rescinded: John R. Caylor, institution to include certain Glens Falls, NY, Floyd Bennett Memorial, Deputy Assistant Secretary of Labor for Mine information in transmittal orders VOR/DME or GPS Rwy 19, Amdt 6B Safety and Health. relating to transmittals of funds of (Cancelled) [FR Doc. 03–5403 Filed 3–6–03; 8:45 am] $3,000 or more. The CIF Exception Glens Falls, NY, Floyd Bennett Memorial, BILLING CODE 4510–43–P addressed computer programming RNAV (GPS) Rwy 1, Orig problems in the banking and securities Glens Falls, NY, Floyd Bennett Memorial, industries by relaxing the Travel Rule’s RNAV (GPS) Rwy 12, Orig DEPARTMENT OF THE TREASURY requirement that a customer’s true name Glens Falls, NY, Floyd Bennett Memorial, and address be included in a funds RNAV (GPS) Rwy 19, Orig 31 CFR Part 103 transmittal order, so long as alternate Glens Falls, NY, Floyd Bennett Memorial, steps, described in FinCEN Issuance 98– RNAV (GPS) Rwy 30, Orig Notice of Expiration of Conditional 1 and designed to prevent avoidance of Exception to Bank Secrecy Act [FR Doc. 03–5289 Filed 3–6–03; 8:45 am] the Travel Rule, were satisfied. By its Regulations Relating to Orders for BILLING CODE 4910–13–M terms, the CIF Exception to the Travel Transmittal of Funds by Financial Rule was to expire on May 31, 1999; Institutions however, in light of programming AGENCY: Financial Crimes Enforcement burdens associated with year 2000 Network (‘‘FinCEN’’), Treasury. compliance issues, FinCEN extended the CIF Exception so that it would ACTION: Expiration of conditional expire on May 31, 2001. See FinCEN exception; request for comments. Issuance 99–1, 64 FR 41041 (July 29,

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1999). On May 30, 2001, after first (4) The transmittal order includes a required to attain compliance; (3) the soliciting input from the law question mark symbol immediately existence of any adverse effect on law enforcement community for its views on following any designation of the enforcement investigations arising from any law enforcement burdens caused by transmittor other than by a true name on the CIF Exception; and (4) the potential the CIF Exception, FinCEN again the order; for or actual abuse of the CIF Exception. extended the CIF Exception. The CIF (5) Any currency transaction report or Dated: March 3, 2003. suspicious activity report by the Exception is now scheduled to expire James F. Sloan, on May 31, 2003. See FinCEN Issuance institution with respect to the funds transmittal contains the true name and Director, Financial Crimes Enforcement 2001–1, 66 FR 32746 (June 18, 2001). Network. FinCEN intends to permit the CIF address information for the transmittor [FR Doc. 03–5432 Filed 3–6–03; 8:45 am] Exception to expire, and is soliciting and plainly associates the report with comments before it does so. the particular funds transmittal in BILLING CODE 4810–02–P question. II. The CIF Exception The conditional exception further FinCEN promulgated the Travel Rule provides that it has no application to ENVIRONMENTAL PROTECTION in 1995. The Travel Rule requires any funds transmittals for whose AGENCY processing an institution does not financial institutions to include certain 40 CFR Part 52 information in transmittal orders automatically rely on preprogrammed relating to transmittals of funds of and prespecified CIF name and address [CA 245–0375a; FRL–7446–1] $3,000 or more, which must ‘‘travel’’ information. FinCEN’s release with the order throughout the funds promulgating the CIF Exception further Revisions to the California State transmittal sequence. Among these warned financial institutions that any Implementation Plan, Antelope Valley requirements is that each transmittor’s customer request for a nominee name in Air Pollution Control District, Imperial financial institution and intermediary a CIF should be carefully evaluated as County Air Pollution Control District, financial institution include in a a potentially suspicious transaction. See and Monterey Bay Unified Air Pollution transmittal order the transmittor’s true 63 FR 3642. Control District name and street address. See 31 CFR III. Expiration of the CIF Exception AGENCY: Environmental Protection 103.33(g)(1)(i)–(ii) and (g)(2)(i)–(ii). In the aftermath of the terrorist attacks Agency (EPA). Subsequently, financial institutions ACTION: Direct final rule. represented to FinCEN that their ability of September 11 and the passage of the to comply with the Travel Rule at all Uniting and Strengthening America by SUMMARY: EPA is taking direct final depended on their ability to use their Providing Appropriate Tools to action to approve revisions to the automated customer information files, Intercept and Obstruct Terrorism Act of Antelope Valley Air Pollution Control known as CIFs. Although an originating 2001 (‘‘USA Patriot Act’’), Congress has District (AVAPCD), Imperial County Air institution always knew the originating emphasized the need to increase Pollution Control District (ICAPCD), and customer’s true name and address, the transparency across the financial sector. Monterey Bay Unified Air Pollution CIFs were often programmed with See Pub. L. 107–56, section 302(a)(2) Control District (MBUAPCD) portions of coded or nominee names and addresses (finding that defects in financial the California State Implementation transparency are critical to the financing (or post office boxes). The Plan (SIP). These revisions concern of global terrorism). FinCEN has reprogramming tasks involved in definitions, circumvention, emergency implemented this congressional policy changing the CIFs were represented to episode and volatile organic compound in its numerous Patriot Act rulemakings be a significant barrier to compliance (VOC) emissions from organic solvents. and believes that it should be reflected with the Travel Rule. In light of these We are approving local rules that in existing BSA rules such as the Travel burdens, and in the interest of obtaining regulate these emission sources under Rule as well. The financial community prompt compliance, FinCEN the Clean Air Act as amended in 1990 has had a number of years to address the promulgated the conditional exception. (CAA or the Act). technological issues posed by the Travel The conditional exception provides Rule, and the major programming issues DATES: This rule is effective on May 6, that a financial institution may satisfy posed by year 2000 compliance are now 2003, without further notice, unless the requirements of 31 CFR 103.33(g) well behind it. Therefore, FinCEN EPA receives adverse comments by that a customer’s true name and address deems it appropriate, after two April 7, 2003. If we receive such be included in a transmittal order, only extensions, to permit the CIF Exception comment, we will publish a timely upon satisfaction of the following to expire. This conclusion is buttressed withdrawal in the Federal Register to conditions: by information FinCEN has received notify the public that this rule will not (1) The CIFs are not specifically regarding the potential for abuse of the take effect. altered for the particular transmittal of CIF Exception; for example, by private ADDRESSES: Mail comments to Andy funds in question; banking departments that cater to high Steckel, Rulemaking Office Chief (AIR– (2) The CIFs are generally net worth individuals’ demands for 4), U.S. Environmental Protection programmed and used by the institution increased confidentiality by using CIFs. Agency, Region IX, 75 Hawthorne for customer communications, not Street, San Francisco, CA 94105–3901. simply for transmittal of funds IV. Request for Comments You can inspect copies of the transactions, and as so programmed FinCEN invites comments on (1) the submitted SIP revisions and EPA’s generate other than true name and street existence of any remaining technical support documents (TSDs) at address information; technological barriers to full compliance our Region IX office during normal (3) The institution itself knows and with the Travel Rule; (2) whether business hours. You may also see copies can associate the CIF information used financial institutions will be able to of the submitted SIP revisions at the in the funds transmittal order with the comply fully with the Travel Rule upon following locations: true name and street address of the the expiration of the CIF Exception or Air and Radiation Docket and transmittor of the order; whether additional time will be Information Center, U.S.

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Environmental Protection Agency, www.arb.ca.gov/drdb/drdbltxt.htm. A. How is EPA evaluating the rules? Room B–102, 1301 Constitution Please be advised that this is not an EPA B. Do the rules meet the evaluation Avenue, NW., (Mail Code 6102T), Web site and may not contain the same criteria? Washington, DC 20460. version of the rule that was submitted C. EPA recommendations to further California Air Resources Board, to EPA. improve the rules. Stationary Source Division, Rule D. Public comment and final action. FOR FURTHER INFORMATION CONTACT: III. Background Information Evaluation Section, 1001 ‘‘I’’ Street, Cynthia G. Allen, EPA Region IX, (415) Sacramento, CA 95814. Why were these rules submitted? 947–4120. Antelope Valley Air Pollution Control IV. Administrative Requirements District 43301 Division Street, Ste. SUPPLEMENTARY INFORMATION: 206, Lancaster, CA 93535–4649. Throughout this document, ‘‘we,’’ ‘‘us’’ I. The State’s Submittal Imperial County Air Pollution Control and ‘‘our’’ refer to EPA. A. What Rules Did the State Submit? District, 150 South 9th Street, El Table of Contents Centro, CA 92243–2801. Table 1 lists the rules we are Monterey Bay Unified Air Pollution I. The State’s Submittal approving with the dates that they were A. What rules did the State submit? Control District, 24580 Silver Cloud B. Are there other versions of these rules? adopted by the local air agencies and Ct., Monterey, CA 93940–6536. C. What is the purpose of the submitted submitted by the California Air A copy of the rule may also be rule revisions? Resources Board (CARB). available via the Internet at http:// II. EPA’s Evaluation and Action

TABLE 1.—SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted

AVAPCD ...... 701 Air Pollution Emergency Contingency Actions ...... 07/18/00 12/11/00 ICAPCD ...... 101 Definitions ...... 08/13/02 10/16/02 MBUAPCD ...... 415 Circumvention ...... 08/21/02 10/16/02 MBUAPCD ...... 433 Organic Solvent Cleaning ...... 02/17/01 05/08/01

On February 8, 2001 (AVAPCD), June equipment installed to minimize offsite Deviations,’’ EPA, May 25, 1988 (the 20, 2001 (MBUAPCD Rule 433), concentrations of Toxic Air Bluebook). December 3, 2002 (ICAPCD and Contaminants. 3. ‘‘Guidance Document for Correcting MBUAPCD Rule 415), these rule MBUAPCD Rule 433 is revised to Common VOC & Other Rule submittals were found to meet the distinguish applicable test methods Deficiencies,’’ EPA Region 9, August 21, completeness criteria in 40 CFR part 51, used for water-based solvents and non- 2001 (the Little Bluebook). appendix V, which must be met before water-based solvents. Bay Area Air 4. Control of Volatile Organic formal EPA review. Quality Management District Method 31 Emissions from Solvent Metal Cleaning. is used to determine the quantity of EPA–450/2–77–022, November 1977. B. Are There Other Versions of These 5. Determination of Volatile Organic Rules? exempt compounds, water and VOCs in water-based solvents subject to the rule. Compounds in Paint Strippers, Solvent AVAPCD adopted a version of Rule The rule contains applicable Cleaners and Low Solids Coatings. 701 on January 2, 1998, which EPA monitoring, recordkeeping, reporting BAAQMD Method 31. 6. Determination of Reasonably approved into the SIP on March 18, and requirements, and specifies test Available Control Technology and Best 1998. ICAPCD adopted a version of Rule methods to determine compliance. The Available Retrofit Control Technology 101 on December 11, 2001, which EPA TSD has more information about these For Organic Solvent Cleaning and approved into the SIP on July 8, 2002. rules. MBUAPCD adopted a version of Rule Degreasing Operations. California Air 415 on September 1, 1974 (amended on II. EPA’s Evaluation and Action Resources Board Guidance Document, July 18, 1991. December 13, 1984) and Rule 433 on A. How Is EPA Evaluating the Rules? March 26, 1986, which EPA approved B. Do the Rules Meet the Evaluation Generally, SIP rules must be into the SIP on July 13, 1987 and April Criteria? 2, 1999, respectively. enforceable (see section 110(a) of the Act), must require Reasonably Available We believe these rules are consistent C. What Is the Purpose of the Submitted Control Technology (RACT) for major with the relevant policy and guidance Rule Revisions? sources in nonattainment areas (see regarding enforceability, RACT, and SIP relaxations. The TSDs have more AVAPCD Rule 701 has been revised to section 182(a)(2)(A)), and must not relax information on our evaluation. add several new definitions; replace the existing requirements (see sections obsolete reference to rescinded Rule 110(l) and 193). C. EPA Recommendations to Further 2202; and update and rename the Guidance and policy documents that Improve the Rules we used to help evaluate specific pollutant Standard Index to Air Quality The TSD for MBUAPCD Rule 433 enforceability and RACT requirements Index. describes additional rule revisions that consistently include the following: ICAPCD Rule 101 has been revised to do not affect EPA’s current action but add a new definition of a ‘‘rainy period’’ 1. Portions of the proposed post-1987 are recommended for the next time that as a clarification to Rule 420, Livestock ozone and carbon monoxide policy that the local agency modifies the rule. Feed Yards. concern RACT, 52 FR 45044, November MBUAPCD Rule 415 is revised to 24, 1987. D. Public Comment and Final Action update the rule to District format. An 2. ‘‘Issues Relating to VOC Regulation As authorized in section 110(k)(3) of exemption has been added for Cutpoints, Deficiencies, and the Act, EPA is fully approving the

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submitted rules because we believe they comments in a subsequent final action are not the subject of an adverse fulfill all relevant requirements. We do based on the proposal. If we do not comment. not think anyone will object to this receive timely adverse comments, the III. Background Information approval, so we are finalizing it without direct final approval will be effective proposing it in advance. However, in without further notice on May 6, 2003. Why Were These Rules Submitted? the Proposed Rules section of this This will incorporate these rules into VOCs help produce ground-level Federal Register, we are simultaneously the federally enforceable SIP. ozone and smog, which harm human proposing approval of the same Please note that if EPA receives health and the environment. Section submitted rules. If we receive adverse adverse comment on an amendment, 110(a) of the CAA requires states to comments by April 7, 2003, we will paragraph, or section of this rule and if submit regulations that control VOC publish a timely withdrawal in the that provision may be severed from the emissions. Table 2 lists some of the Federal Register to notify the public remainder of the rule, EPA may adopt national milestones leading to the that the direct final approval will not as final those provisions of the rule that submittal of these local agency VOC take effect and we will address the rules.

TABLE 2.—OZONE NONATTAINMENT MILESTONES

Date Event

March 3, 1978 ...... EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40 CFR 81.305. May 26, 1988 ...... EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA’s SIP–Call). See sec- tion 110(a)(2)(H) of the pre-amended Act. November 15, 1990 ...... Clean Air Act Amendments of 1990 were enacted. Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C. 7401–7671q. May 15, 1991 ...... Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.

IV. Administrative Requirements (65 FR 67249, November 9, 2000). This 272 note) do not apply. This rule does Under Executive Order 12866 (58 FR action also does not have Federalism not impose an information collection 51735, October 4, 1993), this action is implications because it does not have burden under the provisions of the not a ‘‘significant regulatory action’’ and substantial direct effects on the States, Paperwork Reduction Act of 1995 (44 therefore is not subject to review by the on the relationship between the national U.S.C. 3501 et seq.). Office of Management and Budget. For government and the States, or on the The Congressional Review Act, 5 this reason, this action is also not distribution of power and U.S.C. 801 et seq., as added by the Small subject to Executive Order 13211, responsibilities among the various Business Regulatory Enforcement ‘‘Actions Concerning Regulations That levels of government, as specified in Fairness Act of 1996, generally provides Significantly Affect Energy Supply, Executive Order 13132 (64 FR 43255, that before a rule may take effect, the Distribution, or Use’’ (66 FR 28355, May August 10, 1999). This action merely agency promulgating the rule must 22, 2001). This action merely approves approves a state rule implementing a submit a rule report, which includes a state law as meeting federal Federal standard, and does not alter the copy of the rule, to each House of the requirements and imposes no additional relationship or the distribution of power Congress and to the Comptroller General requirements beyond those imposed by and responsibilities established in the of the United States. EPA will submit a state law. Accordingly, the Clean Air Act. This rule also is not report containing this rule and other Administrator certifies that this rule subject to Executive Order 13045, required information to the U.S. Senate, will not have a significant economic ‘‘Protection of Children from the U.S. House of Representatives, and impact on a substantial number of small Environmental Health Risks and Safety the Comptroller General of the United entities under the Regulatory Flexibility Risks’’ (62 FR 19885, April 23, 1997), States prior to publication of the rule in Act (5 U.S.C. 601 et seq.). Because this because it is not economically the Federal Register. A major rule rule approves pre-existing requirements significant. cannot take effect until 60 days after it under state law and does not impose In reviewing SIP submissions, EPA’s is published in the Federal Register. any additional enforceable duty beyond role is to approve state choices, This action is not a ‘‘major rule’’ as that required by state law, it does not provided that they meet the criteria of defined by 5 U.S.C. 804(2). contain any unfunded mandate or the Clean Air Act. In this context, in the Under section 307(b)(1) of the Clean significantly or uniquely affect small absence of a prior existing requirement Air Act, petitions for judicial review of governments, as described in the for the State to use voluntary consensus this action must be filed in the United Unfunded Mandates Reform Act of 1995 standards (VCS), EPA has no authority States Court of Appeals for the (Pub. L. 104–4). to disapprove a SIP submission for appropriate circuit by May 6, 2003. This rule also does not have tribal failure to use VCS. It would thus be Filing a petition for reconsideration by implications because it will not have a inconsistent with applicable law for the Administrator of this final rule does substantial direct effect on one or more EPA, when it reviews a SIP submission, not affect the finality of this rule for the Indian tribes, on the relationship to use VCS in place of a SIP submission purposes of judicial review nor does it between the Federal Government and that otherwise satisfies the provisions of extend the time within which a petition Indian tribes, or on the distribution of the Clean Air Act. Thus, the for judicial review may be filed, and power and responsibilities between the requirements of section 12(d) of the shall not postpone the effectiveness of Federal Government and Indian tribes, National Technology Transfer and such rule or action. This action may not as specified by Executive Order 13175 Advancement Act of 1995 (15 U.S.C. be challenged later in proceedings to

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enforce its requirements. (See section ENVIRONMENTAL PROTECTION What Is a SIP? 307(b)(2).) AGENCY Section 110 of the Clean Air Act List of Subjects in 40 CFR Part 52 (CAA) requires states to develop air 40 CFR Parts 52 and 70 pollution regulations and control Environmental protection, Air strategies to ensure that State air quality [IA 167–1167a; FRL–7458–8] pollution control, Incorporation by meets the national ambient air quality reference, Intergovernmental relations, Approval and Promulgation of standards established by us. These Ozone, Reporting and recordkeeping Implementation Plans and Operating ambient standards are established under requirements, Volatile organic Permits Program; State of Iowa section 109 of the CAA, and they compounds. currently address six criteria pollutants. AGENCY: Environmental Protection These pollutants are: carbon monoxide, Dated: December 12, 2002. Agency (EPA). nitrogen dioxide, ozone, lead, Keith Takata, ACTION: Direct final rule. particulate matter, and sulfur dioxide. Acting Regional Administrator, Region IX. Each State must submit these SUMMARY: EPA is announcing it is regulations and control strategies to us Part 52, Chapter I, Title 40 of the Code approving an amendment to the Iowa for approval and incorporation into the of Federal Regulations is amended as State Implementation Plan (SIP) and Federally-enforceable SIP. follows: Operating Permits Programs. The State Each Federally-approved SIP protects of Iowa has requested that EPA approve air quality primarily by addressing air PART 52—[AMENDED] revisions to its definitions rule, pollution at its point of origin. These construction and operating permit rules, SIPs can be extensive, containing State 1. The authority citation for part 52 and monitoring and measurement rule. regulations or other enforceable continues to read as follows: Approval of these revisions will ensure documents and supporting information Authority: 42 U.S.C. 7401 et seq. consistency between the State and such as emission inventories, Federally-approved rules, and ensure monitoring networks, and modeling Subpart F—California Federal enforceability of the State’s rule demonstrations. revisions. What is the Federal Approval Process 2. Section 52.220 is amended by DATES: This direct final rule will be for a SIP? adding paragraphs (c)(284)(i)(A)(4), effective May 6, 2003, unless EPA In order for State regulations to be (285)(i)(D), (302)(i)(A)(2), and receives adverse comments by April 7, incorporated into the Federally- (302)(i)(B)(2) to read as follows: 2003. If adverse comments are received, enforceable SIP, States must formally EPA will publish a timely withdrawal of § 52.220 Identification of plan. adopt the regulations and control the direct final rule in the Federal strategies consistent with State and * * * * * Register informing the public that the Federal requirements. This process (c) * * * rule will not take effect. generally includes a public notice, (284) * * * ADDRESSES: Comments may be mailed to public hearing, public comment period, Wayne Kaiser, Environmental and a formal adoption by a state- (i) * * * Protection Agency, Air Planning and authorized rulemaking body. (A) * * * Development Branch, 901 North 5th Once a State rule, regulation, or (4) Rule 433, adopted on January 17, Street, Kansas City, Kansas 66101. control strategy is adopted, the State 2001. Copies of documents relative to this submits it to us for inclusion into the action are available for public SIP. We must provide public notice and * * * * * inspection during normal business seek additional public comment (285) * * * hours at the above-listed Region 7 regarding the proposed Federal action (i) * * * location. The interested persons on the State submission. If adverse wanting to examine these documents comments are received, they must be (D) Antelope Valley Air Pollution should make an appointment with the addressed prior to any final Federal Control District. office at least 24 hours in advance. action by us. (1) Rule 701, adopted on July 18, FOR FURTHER INFORMATION CONTACT: All State regulations and supporting 2000. Wayne Kaiser at (913) 551–7603. information approved by us under * * * * * section 110 of the CAA are incorporated SUPPLEMENTARY INFORMATION: into the Federally-approved SIP. (302) * * * Throughout this document whenever Records of such SIP actions are ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean (i) * * * maintained in the Code of Federal EPA. This section provides additional (A) * * * Regulations (CFR) at title 40, part 52, information by addressing the following entitled ‘‘Approval and Promulgations (2) Rule 101, adopted on August 13, questions: of Implementation Plans.’’ The actual 2002. What is a SIP? State regulations which are approved (B) * * * What is the Federal approval process for a are not reproduced in their entirety in SIP? (2) Rule 415, adopted on August 21, the CFR outright but are ‘‘incorporated What does Federal approval of a state by reference,’’ which means that we 2002. regulation mean to me? have approved a given State regulation * * * * * What is the part 70 Operating Permits Program? with a specific effective date. [FR Doc. 03–5326 Filed 3–6–03; 8:45 am] What is being addressed in this document? What Does Federal Approval of a State BILLING CODE 6560–50–P Have the requirements for approval of a Regulation Mean To me? SIP revision and part 70 program revision been met? Enforcement of the State regulation What action is EPA taking? before and after it is incorporated into

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the Federally-approved SIP is primarily used by the department. The procedures eligible for coverage by the operating a State responsibility. However, after the for requesting a variance are specified in permit by rule for small sources if those regulation is Federally approved, we are rule 21.2. sources are subject to NSPS or NESHAP. authorized to take enforcement action Rule 22.1, which pertains to permits Subrule 300(7), paragraph ‘‘c,’’ has against violators. Citizens are also required for new and existing sources, been revised to correct a reference to the offered legal recourse to address has been revised to add subparagraph record keeping required for emission violations as described in the CAA. 22.1(1) ‘‘c’’ (4). This provision clarifies units and emission control equipment. the notification requirements for sources For clarification and consistency What Is the Part 70 Operating Permits which begin construction prior to purposes, a revision was made which Program? obtaining a construction permit as changes all of the references to The CAA Amendments of 1990 provided for in the rule. Subparagraph ‘‘emission control units’’ to the term require all States to develop operating (4) requires a start construction ‘‘emission control equipment.’’ permits programs that meet certain notification within 30 days after starting Rule 25.1—Testing and sampling of Federal criteria. In implementing this construction, regardless of the permit new and existing equipment, was program, the States are to require certain issuance status. updated to adopt more recent Federal sources of air pollution to obtain Subrule 22.1(2), introductory procedures in 40 CFR parts 60 and 75. permits that contain all applicable paragraph, pertaining to exemptions, Further discussion and background requirements under the CAA. One was revised to clarify that units subject information is contained in the purpose of the part 70 operating permits to new source performance standards technical support document prepared program is to improve enforcement by (NSPS), National Emission Standard for for this action, which is available from issuing each source a single permit that Hazardous Air Pollutants (NESHAP), the EPA contact listed above. consolidates all of the applicable CAA and prevention of significant requirements into a Federally- deterioration (PSD), for example, are not Have the Requirements for Approval of enforceable document. By consolidating eligible for an exemption from the a SIP Revision and Part 70 Program all of the applicable requirements for a permitting construction rules. Revision Been Met? facility into one document, the source, Subparagraph 22.1(2) ‘‘i’’ was revised to The State submittals met the public the public, and the permitting clarify the exemption as it relates to notice requirements for SIP submissions authorities can more easily determine hazardous air pollutants. Finally, in accordance with 40 CFR 51.102. The what CAA requirements apply and how subparagraph 22.1(2) ‘‘t’’ was added as submittals also satisfied the compliance with those requirements is a new exemption category. This completeness criteria of 40 CFR part 51, determined. subparagraph exempts containers, Appendix V. In addition, as explained Sources required to obtain an storage tanks, or vessels, containing above and in more detail in the operating permit under this program fluid having a maximum true vapor technical support document which is include ‘‘major’’ sources of air pollution pressure of less than 0.75 pounds per part of this document, the revisions and certain other sources specified in square inch absolute (psia). meet the substantive SIP requirements the CAA or in our implementing Paragraph 22.3(3) ‘‘b’’ was revised to of the CAA, including section 110. regulations. For example, all sources clarify the permit requirement of a Finally, the submittals met the regulated under the acid rain program, source to notify the department of substantive requirements of title V of regardless of size, must obtain permits. intended startup. This revision the 1990 CAA Amendments and 40 CFR Examples of major sources include establishes a more specific time at part 70. those that emit 100 tons per year or which notification needs to be sent, as What Action Is EPA Taking? more of volatile organic compounds, well as what information needs to be carbon monoxide, lead, sulfur dioxide, provided. The change also makes the EPA is processing this action as a nitrogen dioxide, or PM10; those that department’s deadline consistent with direct final action because the revisions emit 10 tons per year of any single the deadlines in new source make routine changes to the existing hazardous air pollutant (HAP) performance standards. rules which are noncontroversial. (specifically listed under the CAA); or Rule 22.100—Definitions for title V Therefore, we do not anticipate any those that emit 25 tons per year or more operating permits, has been revised with adverse comments. of a combination of HAPs. respect to regulated air pollutant to Final Action: EPA is approving as an Revisions to the State and local clarify that only the PM10 fraction of amendment to the Iowa SIP revisions to agencies’ operating permits program are particulate matter is considered when rules 20.3, 22.1, 22.3, 22.201, 22.300, also subject to public notice, comment, determining if a source is a major and 25.1 pursuant to section 110. EPA and our approval. source. It also clarifies that title V fees is also approving rules 22.100, 22.101, are not required for particulate matter 22.201, and 22.300 as a program What Is Being Addressed in This (excluding PM10.) revision to the State’s part 70 Operating Document? Subrule 22.101(1), pertaining to Permits Program pursuant to part 70. The State of Iowa has requested that sources subject to title V permits, was Administrtive Requirements EPA approve as an amendment to the revised to correct an inconsistency Iowa SIP and part 70 Operating Permits between this rule and a reference to rule Under Executive Order 12866 (58 FR Program recently adopted revisions to 22.102. This revision clarifies that all 51735, October 4, 1993), this action is its definitions rule, construction and source categories listed in 22.102 are not a ‘‘significant regulatory action’’ and operating permit rules, and monitoring exempt from obtaining a title V permit. therefore is not subject to review by the and measurement rule. The specific rule Subrule 22.201(2), pertaining to Office of Management and Budget. For revisions are discussed below. voluntary operating permits, has been this reason, this action is also not Subrule 20.3(2) has been rescinded. revised to clarify exemptions related to subject to Executive Order 13211, This rule made reference to an parts 60 and 63 sources. ‘‘Actions Concerning Regulations That application form to be used when Subrule 22.300(3), paragraphs ‘‘b’’ Significantly Affect Energy Supply, applying for a variance from the open and ‘‘c,’’ have been revised to clarify Distribution, or Use’’ (66 FR 28355, May burning rules. This form is no longer when sources would no longer be 22, 2001). This action merely approves

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State law as meeting Federal the CAA. In this context, in the absence challenged later in proceedings to requirements and imposes no additional of a prior existing requirement for the enforce its requirements. (See section requirements beyond those imposed by State to use voluntary consensus 307(b)(2).) State law. Accordingly, the standards (VCS), EPA has no authority List of Subjects Administrator certifies that this rule to disapprove a SIP submission for will not have a significant economic failure to use VCS. It would thus be 40 CFR Part 52 impact on a substantial number of small inconsistent with applicable law for entities under the Regulatory Flexibility EPA, when it reviews a SIP submission, Environmental protection, Air Act (5 U.S.C. 601 et seq.). Because this to use VCS in place of a SIP submission pollution control, Carbon monoxide, rule approves pre-existing requirements that otherwise satisfies the provisions of Incorporation by reference, under State law and does not impose the CAA. Thus, the requirements of Intergovernmental relations, Lead, any additional enforceable duty beyond section 12(d) of the National Nitrogen dioxide, Ozone, Particulate that required by State law, it does not Technology Transfer and Advancement matter, Reporting and recordkeeping contain any unfunded mandate or Act of 1995 (15 U.S.C. 272 note) do not requirements, Sulfur oxides, Volatile significantly or uniquely affect small apply. This rule does not impose an organic compounds. governments, as described in the information collection burden under the 40 CFR Part 70 Unfunded Mandates Reform Act of 1995 provisions of the Paperwork Reduction (Public Law 104–4). Act of 1995 (44 U.S.C. 3501 et seq.). Administrative practice and This rule also does not have tribal The Congressional Review Act, 5 procedure, Air pollution control, implications because it will not have a U.S.C. 801 et seq., as added by the Small Intergovernmental relations, Reporting substantial direct effect on one or more Business Regulatory Enforcement and recordkeeping requirements. Indian tribes, on the relationship Fairness Act of 1996, generally provides Dated: February 20, 2003. between the Federal government and that before a rule may take effect, the James B. Gulliford, Indian tribes, or on the distribution of agency promulgating the rule must Regional Administrator, Region 7. power and responsibilities between the submit a rule report, which includes a Federal government and Indian tribes, copy of the rule, to each House of the Chapter I, title 40 of the Code of as specified by Executive Order 13175 Congress and to the Comptroller General Federal Regulations is amended as (65 FR 67249, November 9, 2000). This of the United States. EPA will submit a follows: action also does not have federalism report containing this rule and other implications because it does not have required information to the U.S. Senate, PART 52—[AMENDED] substantial direct effects on the States, the U.S. House of Representatives, and 1. The authority citation for part 52 on the relationship between the national the Comptroller General of the United continues to read as follows: government and the States, or on the States prior to publication of the rule in distribution of power and the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq. responsibilities among the various cannot take effect until 60 days after it Subpart Q—Iowa levels of government, as specified in is published in the Federal Register. Executive Order 13132 (64 FR 43255, This action is not a ‘‘major rule’’ as 2. In § 52.820 the table in paragraph August 10, 1999). This action merely defined by 5 U.S.C. 804(2). (c) is amended: approves a State rule implementing a Under section 307(b)(1) of the CAA, Federal standard, and does not alter the petitions for judicial review of this a. Under Chapter 20 by revising the relationship or the distribution of power action must be filed in the United States entry for ‘‘567–20.3’’. and responsibilities established in the Court of Appeals for the appropriate b. Under Chapter 22 by revising the CAA. This rule also is not subject to circuit by May 6, 2003. Filing a petition entries for ‘‘567–22.1’’, ‘‘567–22.3’’, Executive Order 13045, ‘‘Protection of for reconsideration by the Administrator ‘‘567–22.201’’, and ‘‘567–22.300.’’ Children from Environmental Health of this final rule does not affect the c. Under Chapter 25 by revising the Risks and Safety Risks’’ (62 FR 19885, finality of this rule for the purposes of entry for ‘‘567–25.1.’’ April 23, 1997), because it is not judicial review nor does it extend the The revisions read as follows: economically significant. time within which a petition for judicial In reviewing SIP submissions, EPA’s review may be filed, and shall not § 52.820 Identification of plan. role is to approve State choices, postpone the effectiveness of such rule * * * * * provided that they meet the criteria of or action. This action may not be (c) * * *

EPA—APPROVED IOWA REGULATIONS

State EPA Iowa Title effective approval Comments citation date date

Iowa Department of Natural Resources, Environmental Protection Commission (567)

Chapter 20—Scope of Title—Definitions—Forms—Rule of Practice

******* 567–20.3 ...... Air Quality Forms Generally ...... 4/24/02 3/7/03 and FR page citation

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EPA—APPROVED IOWA REGULATIONS—Continued

State EPA Iowa Title effective approval Comments citation date date

*******

Chapter 22—Controlling Pollution

567–22.1 ...... Permits Required for New or Existing Sta- 7/17/02 3/7/03 and Subrules 22.1(2), 22.1(2) ‘‘g,’’ 22.1(2) ‘‘i’’ tionary Sources. FR page have a state effective date of 5/23/01. citation

******* 567–22.3 ...... Issuing Permits ...... 4/24/02 3/7/03 and Subrule 22.3(6) is not SIP approved. FR page citation

******* 567–22.201 ...... Eligibility for Voluntary Operating Permits .... 4/24/02 3/7/03 and FR page citation

******* 567–22.300 ...... Operating Permit by Rule for Small Sources 4/24/02 3/7/03 and Subrule 22.300(7) ‘‘c’’ has a state effective FR page date of 10/14/98. citation

*******

Chapter 25—Measurement of Emissions

567–25.1 ...... Testing and Sampling of New and Existing 4/24/02 3/7/03 and Equipment. FR page citation

*******

* * * * * ENVIRONMENTAL PROTECTION instructions as provided in Unit VI. of AGENCY the SUPPLEMENTARY INFORMATION. PART 70—[AMENDED] FOR FURTHER INFORMATION CONTACT: 40 CFR Part 180 Joseph M. Tavano, Registration Division 1. The authority citation for part 70 (7505C), Office of Pesticide Programs, continues to read as follows: [OPP–2002–0345; FRL–7289–6] Environmental Protection Agency, 1200 Authority: 42 U.S.C. 7401 et seq. Pennsylvania Ave., NW., Washington, Pyriproxyfen; Pesticide Tolerance DC 20460–0001; telephone number: 2. Appendix A to part 70 is amended AGENCY: (703) 305–6411; e-mail address: by adding under ‘‘Iowa’’ paragraph (e) to Environmental Protection Agency (EPA). [email protected]. read as follows: ACTION: Final rule. SUPPLEMENTARY INFORMATION: Appendix A to Part 70—Approval I. General Information Status of State and Local Operating SUMMARY: This regulation establishes a Permits Programs tolerance for residues of pyriproxyfen in A. Does this Action Apply to Me? or on Brassica, head and stem, subgroup You may be potentially affected by * * * * * 5A, Brassica, leafy greens, subgroup 5B, this action if you are an agricultural Iowa vegetable, cucurbit group 9, olives and producer, food manufacturer or * * * * * olive oil. Valent U.S.A. Corporation pesticide manufacturer. Potentially (e) The Iowa Department of Natural requested this tolerance under the affected entities may include, but are Resources submitted for program approval Federal Food, Drug, and Cosmetic Act rules ‘‘567–22.100,’’ ‘‘567–22.101,’’ ‘‘567– not limited to: (FFDCA), as amended by the Food • Industry (NAICS 111), Crop 22.201,’’ and ‘‘567–22.300’’ on April 25, Quality Protection Act of 1996 (FQPA). 2002. The state effective date of these rules production. DATES: This regulation is effective • Industry (NAICS 112), Animal is April 24, 2002. These revisions to the Iowa March 7, 2003. Objections and requests program are approved effective May 6, 2003. production. for hearings, identified by docket ID • Industry (NAICS 311), Food * * * * * number OPP–2002–0345, must be manufacturing [FR Doc. 03–5310 Filed 3–6–03; 8:45 am] received on or before May 6, 2003. • Industry (NAICS 32532), Pesticide BILLING CODE 6560–50–P ADDRESSES: Written objections and manufacturing hearing requests may be submitted This listing is not intended to be electronically, by mail, or through hand exhaustive, but rather provides a guide delivery/courier. Follow the detailed for readers regarding entities likely to be

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affected by this action. Other types of of the official public docket, and to exposure through drinking water and in entities not listed in this unit could also access those documents in the public residential settings, but does not include be affected. The North American docket that are available electronically. occupational exposure. Section Industrial Classification System Although not all docket materials may 408(b)(2)(C) of the FFDCA requires EPA (NAICS) codes have been provided to be available electronically, you may still to give special consideration to assist you and others in determining access any of the publicly available exposure of infants and children to the whether this action might apply to docket materials through the docket pesticide chemical residue in certain entities. If you have any facility identified in Unit I.B.1. Once in establishing a tolerance and to ‘‘ensure questions regarding the applicability of the system, select ‘‘search,’’ then key in that there is a reasonable certainty that this action to a particular entity, consult the appropriate docket ID number. no harm will result to infants and the person listed under FOR FURTHER children from aggregate exposure to the II. Background and Statutory Findings INFORMATION CONTACT. pesticide chemical residue....’’ In the Federal Register of May 29, EPA performs a number of analyses to B. How Can I Get Copies of this 2002 (67 FR 37426–37432) (FRL–7178– determine the risks from aggregate Document and Other Related 3), EPA issued a notice pursuant to exposure to pesticide residues. For Information? section 408 of FFDCA, 21 U.S.C. 346a, further discussion of the regulatory 1. Docket. EPA has established an as amended by FQPA (Public Law 104– requirements of section 408 of the official public docket for this action 170), announcing the filing of a FFDCA and a complete description of under docket identification (ID) number pesticide petition PP 2F6385 by Valent the risk assessment process, see the final OPP–2002–0345 The official public U.S.A. Corporation, 1333 North rule on Bifenthrin Pesticide Tolerances docket consists of the documents California Blvd., Suite 600, P.O. Box (62 FR 62961, November 26, 1997) specifically referenced in this action, 8025, Walnut Creek, CA 94596–8025. (FRL–5754–7). any public comments received, and That notice included a summary of the other information related to this action. petition prepared by Valent U.S.A. III. Aggregate Risk Assessment and Although a part of the official docket, Corporation. the registrant. There were Determination of Safety the public docket does not include no comments received in response to Confidential Business Information (CBI) the notice of filing. Consistent with section 408(b)(2)(D) or other information whose disclosure is The petition requested that 40 CFR of the FFDCA, EPA has reviewed the restricted by statute. The official public 180.510 be amended by establishing a available scientific data and other docket is the collection of materials that tolerance for residues of the insecticide, relevant information in support of this is available for public viewing at the pyriproxyfen, 2-[1-methyl-2-(4- action. EPA has sufficient data to assess Public Information and Records phenoxyphenoxy)ethoxypyridine, in or the hazards of and to make a Integrity Branch (PIRIB), Rm. 119, on Brassica leafy vegetables (Crop determination on aggregate exposure, Crystal Mall #2, 1921 Jefferson Davis Group 5); vegetable, cucurbit (Crop consistent with section 408(b)(2) of the Hwy., Arlington, VA. This docket Group 9); olive and olive, oil at 2.5, 0.1, FFDCA, for a tolerance for residues of facility is open from 8:30 a.m. to 4 p.m., 1.0, and 3.0 parts per million (ppm) pyriproxyfen on Brassica, head and Monday through Friday, excluding legal respectively. stem, subgroup 5A; Brassica, leafy holidays. The docket telephone number Based on the residue data submitted, greens, subgroup 5B; Vegetable, cucurbit is (703) 305–5805. EPA has determined that the following (Group 9); olive and olive, oil at 0.70, 2. Electronic access. You may access changes to the requested tolerances 2.0, 0.10, 1.0, and 2.0 ppm, respectively. this Federal Register document listed in this document are necessary. A EPA’s assessment of exposures and risks electronically through the EPA Internet lower tolerance of 2.0 ppm is required associated with establishing the under the ‘‘Federal Register’’ listings at for olive, oil. Brassica vegetables are tolerance follows. http://www.epa.gov/fedrgstr/. A devided into two subgroups. A tolerance A. Toxicological Profile frequently updated electronic version of of 0.70 is required for Brassica, head 40 CFR part 180 is available at http:// and stem, subgroup 5A. A tolerance of EPA has evaluated the available www.access.gpo.gov/nara/cfr/ 2.0 ppm is required for Brassica, leafy toxicity data and considered its validity, cfrhtml_00/Title_40/40cfr180_00.html, a greens, subgroup 5B. completeness, and reliability as well as beta site currently under development. Section 408(b)(2)(A)(i) of the FFDCA the relationship of the results of the To access the OPPTS Harmonized allows EPA to establish a tolerance (the studies to human risk. EPA has also Guidelines referenced in this document, legal limit for a pesticide chemical considered available information go directly to the guidelines at http:// residue in or on a food) only if EPA concerning the variability of the www.epa.gov/opptsfrs/home/ determines that the tolerance is ‘‘safe.’’ sensitivities of major identifiable guidelin.htm. Section 408(b)(2)(A)(ii) of the FFDCA subgroups of consumers, including An electronic version of the public defines ‘‘safe’’ to mean that ‘‘ there is a infants and children. The nature of the docket is available through EPA’s reasonable certainty that no harm will toxic effects caused by pyriproxyfen are electronic public docket and comment result from aggregate exposure to the discussed in Table 1 of this unit as well system, EPA Dockets. You may use EPA pesticide chemical residue, including as the no-observed-adverse-effect-level Dockets at http://www.epa.gov/edocket/ all anticipated dietary exposures and all (NOAEL) and the lowest-observed- to submit or view public comments, other exposures for which there is adverse-effect-level (LOAEL) from the access the index listing of the contents reliable information.’’ This includes toxicity studies reviewed.

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TABLE 1.—TOXICITY PROFILE OF PYRIPROXYFEN TECHNICAL

MRID No. (year)/ Classification Guideline No./Study Type /Doses Results

870.3100 43210504 (1990) Acceptable/ NOAEL = 149.4 mg/kg/day in males (M), 196.5 mg/kg/day in females (F) 90-Day oral toxicity ro- guideline LOAEL = 838.1 mg/kg/day (M), 963.9 mg/kg/day (F) based on patholog- dents— mouse 0; 200; 1,000; 5,000; or 10,000 ppm ical changes in the kidney, increased absolute and relative (to body) M: 0, 28.2, 149.4, 838.1, or 2,034.5 liver weight, decreased red blood cell parameters (both sexes), and de- milligram/kilogram/day (mg/kg/day) creased body weight gain (M) F: 0, 37.9, 196.5, 963.9, or 2,345.3 mg/kg/day

870.3100 41321716 (1989) Acceptable/ NOAEL = 23.49 mg/kg/day (M), 27.68 mg/kg/day (F) 90-Day oral toxicity guideline LOAEL = 117.79 mg/kg/day (M), 141.28 based on increased total choles- rodents—rat 0; 400; 2,000; 5,000; or 10,000 ppm terol and phospholipids (M),decreased red blood cell, hematocrit, and M: 0, 23.49, 117.79, 309.05, or hemoglobin counts, increased relative (to body) liver weight (M), and 641.81 mg/kg/day negative trend in red blood cell volume (F) F: 0, 27.68, 141.28, 356.30, or 783.96 mg/kg/day

870.3150 42178307 (1988) Acceptable/ NOAEL = 100 mg/kg/day (M) and (F) 90-Day oral toxicity non- guideline LOAEL = 300 mg/kg/day (M) and (F) based on increased absolute and rodents—dog 0, 100, 300, or 1,000 mg/kg/day relative (to body) liver weight (both sexes), and hepatocyte enlargement (F)

870.3200 43994102 (1993) Acceptable/ NOAEL = 1,000 mg/kg/day (M) and (F) 21-Day dermal toxicity— guideline LOAEL = not established rat 0, 100, 300, or 1,000 mg/kg/day

870.3265 42178308 (1988) Supplementary NOAEL = 0.482 mg/L (M) and (F) 28-Day inhalation 0, 269, 482, or 1,000 mg/meter LOAEL = 1.000 mg/L based on salivation (both sexes), sporadic de- toxicity—rat cubed (m3) creased body weight (M), and increased lactate dehydrogenase (M) 0, 0.269, 0.482, or 1.000 mg/liter (L)

870.3700a 44985002 (1988) Acceptable/ Parental NOAEL = 100 mg/kg/day Prenatal developmental— nonguideline Parental LOAEL = 300 mg/kg/day based on clinical signs, decreased body rats (non-guideline) 0, 100, 300, 500, or 1,000 mg/kg/day weight gains, increased water consumption (both sexes) and increased food consumption, changes in organ weights, and gross pathological changes (M) Developmental NOAEL = 1,000 mg/kg/day highest dose tested (HDT)

870.3700a 44985001 (1988) Acceptable/ Maternal NOAEL = 100 mg/kg/day Prenatal developmental— nonguideline Maternal LOAEL = 300 mg/kg/day based on clinical signs, decreased rats (non-guideline) 0, 30, 100, 300, or 500 mg/kg/day body weight gains, and decreased food consumption Developmental NOAEL = 100 mg/kg/day Developmental LOAEL = 300 mg/kg/day based on decreased body weight and increased incidence of dilation of the renal pelvis.

870.3700b Prenatal 41321720, 42178311, 43215401, Maternal NOAEL = 100 mg/kg/day developmental—rabbit 43215402, 43215403 (1989) Ac- Maternal LOAEL = 300 mg/kg/day based on premature delivery/abortions, ceptable/guideline soft stools, emaciation, lusterless fur, decreased activity, and 0, 100, 300, or 1,000 mg/kg/day bradypnea. Developmental NOAEL = 300 mg/kg/day Developmental LOAEL = 1,000 mg/kg/day based on decreased viable lit- ters available for evaluation

870.3700a 42178312 (1988) Acceptable/ Maternal NOAEL = 100 mg/kg/day Prenatal developmental— guideline Maternal LOAEL = 300 mg/kg/day based on decreased body weight, body rat 0, 100, 300, or 1,000 mg/kg/day weight gain, and food consumption and increased water consumption . Developmental NOAEL = 300 mg/kg/day Developmental LOAEL = 1,000 mg/kg/day based on increased incidence of skeletal variations at gestation day 21 and unspecified visceral vari- ations at postnatal day (PND) 56.

870.3800 42178313 (1991) Acceptable/ Parental/Systemic NOAEL = 87 mg/kg/day (M), 96 mg/kg/day (F) Reproduction and fertility guideline Parental/Systemic LOAEL = 453 mg/kg/day (M), 498 mg/kg/day (F) based effects— rat 0; 200; 1,000; or 5,000 ppm on decreased body weight, body weight gain, and food consumption M: 0, 18, 87, or 453 mg/kg/day (both sexes) and increased liver weight (both sexes) and F: 0, 20, 96, or 498 mg/kg/day histopathological lesions of liver and kidneys (M) Reproductive NOAEL = 453 mg/kg/day (M), 498 mg/kg/day (F) Reproductive LOAEL = not established. Offspring NOAEL = 87 mg/kg/day (M), 96 mg/kg/day (F) Offspring LOAEL = 453 mg/kg/day (M), 498 mg/kg/day (F) based on de- creased body weight on lactation days 14 and 21

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TABLE 1.—TOXICITY PROFILE OF PYRIPROXYFEN TECHNICAL—Continued

MRID No. (year)/ Classification Guideline No./Study Type /Doses Results

870.4100b 42178309 (1991) Acceptable/ NOAEL = 100 mg/kg/day (M) and (F) Chronic toxicity—dogs guideline LOAEL = 300 mg/kg/day (M), 300 mg/kg/day (F) based on decreased 0, 30, 100, 300, or 1,000 mg/kg/day body weight gain and increased relative liver weight (both sexes) and increased cholesterol and triglycerides and decreased red cell counts and hemoglobin in males

870.4300 42178314, 43210501, 43210502, NOAEL = 138 mg/kg/day (M), 35.1 mg/kg/day (F) Chronic/Carcinogenicity— 43210503 (1991) Acceptable/ LOAEL = not established in males, 182.7 mg/kg/day (F) based on de- rats guideline creases in body weight gain 0, 120, 600, or 3,000 ppm No evidence of carcinogenicity M: 0, 5.42, 27.31, or 138.0 mg/kg/ day F: 0, 7.04, 35.1, or 182.7 mg/kg/day

870.4200 42178310 (1991) Acceptable/ NOAEL = 84 mg/kg/day (M), 109.5 mg/kg/day (F) Carcinogenicity—mice guideline LOAEL = 420 mg/kg/day (M), 547 mg/kg/day (F) based on renal lesions 0, 120, 600, or 3,000 ppm (M) and (F) M: 0, 16.8, 84.0, or 420 mg/kg/day No evidence of carcinogenicity F: 0, 21.9, 109.5, or 547 mg/kg/day

870.5265 44503506 (1995) Acceptable/ Non-mutagenic when tested up to 5,000 micrograms (mg)/plate or Gene mutation guideline cytotoxic levels, in presence and absence of activation; in S. typhimurium strains TA98, TA100, TA1535, and TA1537; and in E.coli strain WP2uvra with 2-OH-PY (metabolite of pyriproxyfen).

870.5265 44503507 (1993) Acceptable/ Non-mutagenic when tested up to 5,000 mg/plate or cytotoxic levels, in Gene mutation guideline presence and absence of activation; in S. typhimurium strains TA98, TA100, TA1535, and TA1537; and in E.coli strain WP2uvra with 4’— OH-PY, 5″—OH-PYR, DPH-PYR, POPA, and PYPAC (metabolites of pyriproxyfen).

870.5265 44503508 (1995) Acceptable/ Non-mutagenic when tested up to 5,000 mg/plate or cytotoxic levels, in Gene mutation guideline presence and absence of activation; in S. typhimurium strains TA98, TA100, TA1535, and TA1537; and in E.coli strain WP2uvra with 2,5- OH-PY (metabolite of pyriproxyfen).

870.5265 42178315 (1988) Acceptable/ Non-mutagenic when tested up to 5,000 mg/plate or cytotoxic levels, in Gene mutation guideline presence and absence of activation; in S. typhimurium strains TA98, TA100, TA1535, TA1537, and TA1538; and in E.coli strain WP2uvra with 2-OH-PY (pyriproxyfen technical).

870.5300 42178316 (1990) Acceptable/ Non-mutagenic at the HGPRT locus in Chinese hamster lung V79 cells Gene mutation guideline tested up to cytotoxic concentrations or limit of solubility, in presence and absence of activation.

870.5375 41321722 (1989) Acceptable/ Did not induce structural chromosome aberration in Chinese hamster Chromosome aberration guideline ovary (CHO) cell cultures in the absence or presence of activation.

870.5550 42178317 (1988) Acceptable/ There was no evidence that unscheduled DNA synthesis, as determined Unscheduled DNA guideline by radioactive tracer procedures (nuclear silver grain counts) was in- synthesis duced in HeLa cells exposed up to cytotoxic levels, both in the pres- ence or absence of S-9.

870.7485Metabolism and 42178318 (1988) Acceptable/ Rats were orally dosed with 14C-labeled pyriproxyfen at 2 or 1,000 mg/kg pharmacokinetics— rat guideline and at repeated oral doses (14 daily doses) of unlabeled pyriproxyfen at 2 mg/kg followed by administration of a single oral dose of labeled pyriproxyfen at 2 mg/kg. Most radioactivity was excreted in the feces (81–92%) and urine (5–12%) over a 7 day collection period. Expired air containing CO2 was not detected. Tissue radioactivity levels were very low (less than 0.3%) except for fat. Examination of urine, feces, liver, kidney, bile, and blood metabolites yielded numerous (> 20) identified metabolites when compared to synthetic standards. The major biotrans- formation reactions of pyriproxyfen include: 1. Oxidation of the 4’— position of the terminal phenyl group. 2. Oxidation at the 5’—position of pyridine. 3. Cleavage of the ether linkage and conjugation of the resultant phenols with sulfuric acid.

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B. Toxicological Endpoints of the human population as well as (aPAD or cPAD) is a modification of the other unknowns. An UF of 100 is RfD to accommodate this type of FQPA The dose at which no adverse effects routinely used, 10X to account for SF. are observed (the NOAEL) from the interspecies differences and 10X for For non-dietary risk assessments toxicology study identified as intra species differences. (other than cancer) the UF is used to appropriate for use in risk assessment is For dietary risk assessment (other determine the LOC. For example, when used to estimate the toxicological level than cancer) the Agency uses the UF to 100 is the appropriate UF (10X to of concern (LOC). However, the lowest calculate an acute or chronic reference account for interspecies differences and dose at which adverse effects of concern dose (acute RfD or chronic RfD) where 10X for intraspecies differences) the are identified (the LOAEL) is sometimes the RfD is equal to the NOAEL divided LOC is 100. To estimate risk, a ratio of used for risk assessment if no NOAEL by the appropriate UF (RfD = NOAEL/ the NOAEL to exposures (margin of was achieved in the toxicology study UF). Where an additional safety factors exposure (MOE) = NOAEL/exposure) is selected. An uncertainty factor (UF) is (SF) is retained due to concerns unique calculated and compared to the LOC. applied to reflect uncertainties inherent to the FQPA, this additional factor is A summary of the toxicological in the extrapolation from laboratory applied to the RfD by dividing the RfD endpoints for pyriproxyfen used for animal data to humans and in the by such additional factor. The acute or human risk assessment is shown in variations in sensitivity among members chronic Population Adjusted Dose Table 2 of this unit:

TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PYRIPROXYFEN FOR USE IN HUMAN RISK ASSESSMENT

Dose Used in Risk Assess- FQPA SF and LOC for Risk Exposure Scenario ment, UF Assessment Study and Toxicological Effects

Acute Dietary None None An appropriate endpoint attributable to a single females 13–50 years old and oral dose was not available in the data general population base, including maternal toxicity in the de- velopmental toxicity studies.

Chronic Dietary NOAEL= 35.1 mg/kg/day FQPA SF = 1X Subchronic toxicity and chronic toxicity all populations UF = 100 cPAD = cRfD ÷ FQPA SF = (feeding)—rat Chronic RfD = 0.35 mg/kg/ 0.35 mg/kg/day (co-critical) day LOAEL = 141.28 mg/kg/day based on de- creased body weight and clinical pathology results.

Short-Term Incidental, Oral (1– Oral Maternal NOAEL = LOC for MOE = 100 Rat developmental toxicity study 30 days) 100 mg/kg/day Maternal LOAEL = 300 mg/kg/day based on Residential decreased body weight, body weight gain, and food consumption, and increased water consumption

Intermediate-Term Incidental, Oral NOAEL = 35.1 mg/kg/ LOC for MOE = 100 Subchronic toxicity and chronic toxicity Oral (1–6 months) day (feeding)—rat Residential (co-critical) LOAEL = 141.28 mg/kg/day based on de- creased body weight and clinical pathology results.

Short-, and Intermediate-Term None None Based on the systemic toxicity NOAEL of Dermal (1–30 days and 1–6 1,000 mg/kg/day (limit dose) in the 21 day months) dermal toxicity study in rats, quantification of (Occupational/Residential) dermal risks is not required. In addition, no developmental concerns (toxicity) were seen in either rats or rabbits.

Long-Term Dermal (6 months- Oral NOAEL= 35.1 mg/kg/ LOC for MOE = 100 Subchronic and chronic toxicity (feeding)—rat lifetime) day (dermal absorption (co-critical) (Occupational/Residential) rate = 30%) LOAEL = 141.28 mg/kg/day based decreased body weight and clinical pathology results

Short-, and Intermediate-Term None None Based on the absence of significant toxicity at Inhalation (1–30 days and 1– the LOAEL of 1.0 mg/L (limit dose), the 6 months) quantification of inhalation risks is not re- (Occupational/Residential) quired. In addition, no developmental con- cerns (toxicity) were seen in either rats or rabbits.

Long-Term Inhalation (6 Oral study NOAEL= 35.1 LOC for MOE = 100 Subchronic and chronic toxicity (feeding)—rat months–lifetime) mg/kg/day (co-critical) (Occupational/Residential) (inhalation absorption rate LOAEL = 141.28 mg/kg/day based on de- = 100%) creased body weight and clinical pathology results

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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR PYRIPROXYFEN FOR USE IN HUMAN RISK ASSESSMENT—Continued

Dose Used in Risk Assess- FQPA SF and LOC for Risk Exposure Scenario ment, UF Assessment Study and Toxicological Effects

Cancer (oral, dermal, Cancer classification Risk Assessment not No evidence of carcinogenicity inhalation) (‘‘Group E’’) required 1 UF = uncertainty factor, FQPA SF = Food Quality Protection Act safety factor, NOAEL = no-observed-adverse-effect-level, LOAEL = lowest- observed-adverse-effect-level, PAD = population adjusted dose (a = acute, c = chronic) RfD = reference dose, LOC = level of concern, MOE = margin of exposure * The reference to the FQPA SF refers to any additional SF retained due to concerns unique to the FQPA.

C. Exposure Assessment population subgroups are presented in monitoring exposure data to complete a 1. Dietary exposure from food and Table 3 of this unit. The results of the comprehensive dietary exposure feed uses. Tolerances have been chronic analysis indicate that the analysis and risk assessment for established (40 CFR 180.510) for the estimated chronic dietary risk pyriproxyfen in drinking water. Because residues of pyriproxyfen, in or on a associated with the existing and EPA- the Agency does not have variety of raw agricultural commodities. recommended uses of pyriproxyfen is comprehensive monitoring data, Risk assessments were conducted by below EPA’s level of concern. drinking water concentration estimates EPA to assess dietary exposures from are made by reliance on simulation or pyriproxyfen in food as follows: TABLE 3.—SUMMARY OF RESULTS modeling taking into account data on i. Acute exposure. Acute dietary risk FROM CHRONIC DEEMTM ANALYSIS the physical characteristics of assessments are performed for a food- OF PYRIPROXYFEN pyriproxyfen. use pesticide if a toxicological study has The Agency uses the Generic indicated the possibility of an effect of Subgroup Exposure % cPAD Estimated Environmental Concentration concern occurring as a result of a 1-day (mg/kg/day) (GENEEC) or the Pesticide Root Zone/ or single exposure. An aRfD for females Exposure Analysis Modeling System U.S. Popu- (PRZM/EXAMS) to estimate pesticide 13–50 years old and the general lation (total) 0.003836 1.1 population, including infants and concentrations in surface water and SCI- children, was not selected because an All Infants (< 1 GROW, which predicts pesticide acute oral endpoint attributed to a year old) 0.006852 2.0 concentrations in groundwater. In single-dose exposure could not be general, EPA will use GENEEC (a tier 1 identified in any of the toxicology data Children 1–2 model) before using PRZM/EXAMS (a years old 0.013707 3.9 base, including maternal toxicity in the tier 2 model) for a screening-level assessment for surface water. The developmental toxicity studies. Thus, Children 3–5 the risk from acute exposure is years old 0.010107 2.9 GENEEC model is a subset of the PRZM/ considered negligible. EXAMS model that uses a specific high- ii. Chronic exposure. In conducting Children 6–12 end runoff scenario for pesticides. this chronic dietary risk assessment the years old 0.005969 1.7 GENEEC incorporates a farm pond Dietary Exposure Evaluation Model scenario, while PRZM/EXAMS Youth 13–19 incorporate an index reservoir software with the Food Commodity years old 0.003389 1.0 Intake Database (DEEM-FCIDTM), environment in place of the previous version 1.3 analysis evaluated the Adults 20–49 pond scenario. The PRZM/EXAMS individual food consumption as years old 0.002658 0.8 model includes a percent crop area reported by respondents in the United factor as an adjustment to account for States Department of Agricluture Females 13– the maximum percent crop coverage (USDA) 1994–1996 and 1998 49 years within a watershed or drainage basin. Nationwide Continuing Surveys of Food old 0.002702 0.8 None of these models include consideration of the impact processing Intake by Individuals (CSFII) and Adults 50+ accumulated exposure to the chemical years old 0.002676 0.8 (mixing, dilution, or treatment) of raw for each commodity. The following water for distribution as drinking water assumptions were made for the chronic would likely have on the removal of exposure assessments: iii. Cancer. In accordance with the pesticides from the source water. The a. A tier 1 (assumptions: Tolerance Agency’s 1986 Guidelines for primary use of these models by the level residues and 100 percent crop Carcinogenic Risk Assessment, the RfD/ Agency at this stage is to provide a treated (PCT) was conducted. Peer Review Committee classified coarse screen for sorting out pesticides b. The established tolerances of 40 pyriproxyfen as a ‘‘Group E’’ chemical- for which it is highly unlikely that CFR 180.510 and the new tolerances negative for carcinogenicity to humans. drinking water concentrations would established in this document were This classification is based on the lack ever exceed human health levels of included in the analysis. of evidence of carcinogenicity in mice concern. c. Anticipated residues and PCT were and rats. Since the models used are considered not used in this analysis. iv. Anticipated residue and PCT to be screening tools in the risk d. The processing factors applied information. Anticipated residues and assessment process, the Agency does were the DEEM default values. PCT information was not used in the not use estimated environmental For chronic dietary risk, EPA’s level Agency’s assessment. concentrations (EECs) from these of concern is >100% cPAD. Dietary 2. Dietary exposure from drinking models to quantify drinking water exposure estimates for representative water. The Agency lacks sufficient exposure and risk as a %RfD or %PAD.

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Instead drinking water levels of potential for short-term dermal and environment and/or the pet near the end comparison (DWLOCs) are calculated inhalation exposures to pet owners and of the efficacy period identified on the and used as a point of comparison homeowners who apply products product labels. However, there are no against the model estimates of a containing pyriproxyfen (handlers); chemical-specific residue data for pesticide’s concentration in water. however, EPA did not select short-term pyriproxyfen to determine the DWLOCs are theoretical upper limits on dermal or inhalation endpoints. dissipation rate of residues or whether a pesticide’s concentration in drinking Therefore, due to the lack of toxicity residues may be additive upon water in light of total aggregate exposure observed in animal testing, no retreatment. Therefore, a tier 1 to a pesticide in food, and from residential pet owner/homeowner assessment was performed based on day residential uses. Since DWLOCs address handler risk of concern is expected. 0 residues without accounting for daily total aggregate exposure to pyriproxyfen Toddlers could potentially be exposed residue dissipation. EPA anticipates that they are further discussed in the to pyriproxyfen residues on treated this assessment is protective as aggregate risk in Unit III.E. carpets, floors, furniture, and pets. pyriproxyfen residues would be Pyriproxyfen is relatively long-lived There is potential for exposure expected expected to dissipate from day 0 residue in soil and water, with variable half- for the following scenarios: values. lives of approximately 2 weeks to 2 i. Hand-to-mouth. Short-, 4. Cumulative exposure to substances months. Pyriproxyfen is immobile, as intermediate-, and long-term hand-to- with a common mechanism of toxicity. indicated by the relative mobility mouth exposures by toddlers from Section 408(b)(2)(D)(v) of the FFDCA scheme in Dragun (1998) for five soils treated carpets, flooring (note the requires that, when considering whether and one sediment. The registrant efficacy of carpet powders is to establish, modify, or revoke a determined the half-lives, 6.8 and 9 approximately 365 days). tolerance, the Agency consider days, respectively, for the phenyl-label ii. Hand-to-mouth. Short- and ‘‘available information’’ concerning the and pyridyl-label portions of intermediate-term hand-to-mouth cumulative effects of a particular pyriproxyfen. Since there is only one exposures by toddlers from petting pesticide’s residues and ‘‘other value, the longest half-life (9 days) was treated animals (shampoos, sprays, spot- substances that have a common multiplied by 3 using EFED input on treatments, and collars). Long-term mechanism of toxicity.’’ guidance. Thus, the aerobic soil half-life hand-to-mouth exposures by toddlers EPA does not have, at this time, in the modeling assessment was 27 from petting treated animals (pet collars; available data to determine whether days. note efficacy of pet collars up to 395 pyriproxyfen has a common mechanism EPA determined that the residue of days). of toxicity with other substances or how concern in water is pyriproxyfen per se. iii. Dermal. Long-term dermal to include this pesticide in a cumulative Drinking water estimates include exposures from treated carpets, flooring, risk assessment. Unlike other pesticides surface water EDWCs based on the and pets (note that treated furniture is for which EPA has followed a linked PRZM/EXAMS models and the included in the carpet/flooring cumulative risk approach based on a SCI-GROW groundwater regression assessment). Due to the lack of toxicity common mechanism of toxicity, model, which was developed from observed in animal testing, the Agency pyriproxyfen does not appear to studies with different hydrology and did not select any short- or produce a toxic metabolite produced by study conditions. Both models assumed intermediate-term dermal endpoints and other substances. For the purposes of a maximum seasonal application rate of no dermal risk of concern for these this tolerance action, therefore, EPA has 0.11 lb active ingredient (ai)/acre (A), 3 durations is expected. A long-term not assumed that pyriproxyfen has a times per year (citrus and stone fruit). dermal assessment is included, since common mechanism of toxicity with Based on the PRZM/EXAMS model EPA selected a long-term dermal other substances. For information the EECs of pyriproxyfen for surface endpoint. regarding EPA’s efforts to determine water was estimated to be 2.15 parts per iv. Ingestion of granules or bait by which chemicals have a common billion (ppb) for the peak concentration, toddlers (acute, episodic event). For the mechanism of toxicity and to evaluate and 0.40 ppb for the long term average. granular ingestion scenario, it should be the cumulative effects of such Based on the SCI-GROW model the noted that the Agency believes that if a chemicals, see the final rule for EECs of pyriproxyfen for groundwater toddler were to be exposed to a pellet/ Bifenthrin Pesticide Tolerances (62 FR was estimated to be 0.006 ppb for both granular formulation (i.e., ant bait), the 62961, November 26, 1997). the acute and chronic exposure. event is most likely to be ‘‘episodic,’’ 3. From non-dietary exposure. The that is, a one-time occurrence and not D. Safety Factor for Infants and term ‘‘residential exposure’’ is used in likely to be repeated. It is not likely that Children this document to refer to non- a toddler would repeatedly locate and 1. In general. Section 408 of the occupational, non-dietary exposure ingest very small, sand colored granules. FFDCA provides that EPA shall apply (e.g., for lawn and garden pest control, For pyriproxyfen, EPA did not select an an additional tenfold margin of safety indoor pest control, termiticides, and acute dietary endpoint, since an for infants and children in the case of flea and tick control on pets). appropriate endpoint could not be threshold effects to account for prenatal Pyriproxyfen is currently registered attributed to a single-oral dose; and postnatal toxicity and the for use on the following residential non- therefore, no acute dietary risk of completeness of the data base on dietary sites: Flea and tick control concern is expected. toxicity and exposure unless EPA (home environment and pet treatments) Exposure and risk estimates from determines that a different margin of as well as products for ant and roach post-application exposure to indoor safety will be safe for infants and control (indoor and outdoor crack and crevice treatments are not children. Margins of safety are applications). Formulations include presented in this assessment, as indoor incorporated into EPA risk assessments carpet powders, foggers, aerosol sprays, broadcast treatments (i.e., carpet either directly through use of a MOE liquids (shampoos, sprays, and pipettes powders and sprays) are anticipated to analysis or through using uncertainty for pet treatments), granules, bait have a higher exposure potential. (safety) factors in calculating a dose (indoor and outdoor), and impregnated Additionally, the Agency acknowledges level that poses no appreciable risk to materials (pet collars). There is a that pet owners could retreat the home humans.

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2. Prenatal and postnatal sensitivity. E. Aggregate Risks and Determination of this time. Because OPP considers the Based on the available data, there is no Safety aggregate risk resulting from multiple quantitative and qualitative evidence of To estimate total aggregate exposure exposure pathways associated with a increased susceptibility observed to a pesticide from food, drinking water, pesticide’s uses, levels of comparison in following in utero pyriproxyfen and residential uses, the Agency drinking water may vary as those uses exposure to rats and rabbits or following calculates DWLOCs which are used as a change. If new uses are added in the pre/postnatal exposure in the 2– point of comparison against the model future, OPP will reassess the potential generation reproduction study. estimates of a pesticide’s estimated impacts of residues of the pesticide in drinking water as a part of the aggregate 3. Conclusion. There is a complete environmental concentration in water risk assessment process. toxicity data base for pyriproxyfen and (EECs). DWLOC values are not exposure data are complete or are regulatory standards for drinking water. 1. Acute risk. An acute dietary RfD for estimated based on data that reasonably DWLOCs are theoretical upper limits on females 13–49 and the general U.S. accounts for potential exposures. EPA a pesticide’s concentration in drinking population, including infants and water in light of total aggregate exposure determined that the 10X safety factor to children, was not selected because an to a pesticide in food and residential protect infants and children should be acute oral endpoint attributable to a uses. In calculating a DWLOC, the reduced to 1X because there was no single-dose exposure could not be Agency determines how much of the identified in the toxicology data base, evidence of prenatal or postnatal extra acceptable exposure (i.e., the PAD) is sensitivity or increased susceptibility in including maternal toxicity in the available for exposure through drinking developmental toxicity studies. No developmental studies in rats and water (e.g., allowable chronic water acute dietary risk is expected. rabbits, and in reproduction studies in exposure (mg/kg/day) = cPAD - (average rats. Likewise, there was no quantitative food + residential exposure)). This 2. Chronic risk. Using the exposure or qualitative evidence of increased allowable exposure through drinking assumptions described in this unit for susceptibility to rat or rabbit fetuses water is used to calculate a DWLOC. chronic exposure, EPA has concluded identified in the guideline prenatal A DWLOC will vary depending on the that exposure to pyriproxyfen from food developmental toxicity studies for rats toxic endpoint, drinking water will utilize 1.1% of the cPAD for the and rabbits. Additionally, in the two consumption, and body weights. Default U.S. population, 2.0% of the cPAD for non-guideline studies that evaluated body weights and consumption values all infant,s and 3.9% of the cPAD for perinatal and prenatal development, as used by the EPA Office of Water are children 1–2 years old. Pyriproxyfen is there was no evidence of quantitative or used to calculate DWLOCs: 2 L/70 kg the active ingredient in many registered residential products for flea and tick qualitative increased susceptibility. In (adult male), 2 L/60 kg (adult female), control on pets and in the home for ant one study, when pregnant rats were and 1 L/10 kg (child). Default body and roach control for indoor and treated from gestation day 17 to weights and drinking water consumption values vary on an outdoor applications. Based on the use lactation day 20, the resulting toxicity pattern, the residential assessment was was comparable between adults (clinical individual basis. This variation will be taken into account in more refined performed for toddlers since they are signs, decreased body weight gain and anticipated to have the higher chronic food consumption) and offspring screening-level and quantitative drinking water exposure assessments. residential exposure to residues of (decreased body weight and dilation of Different populations will have different pyriproxyfen. The total chronic food the renal pelvis) at the same dose. In the DWLOCs. Generally, a DWLOC is and residential aggregate MOEs range other study, when rats were exposed to calculated for each type of risk from 850 to 13,000. As these MOEs are pyriproxyfen prior to and in the early assessment used: Acute, short-term, greater than 100, the chronic aggregate stages of pregnancy, no developmental intermediate-term, chronic, and cancer. risk does not exceed EPA’s level of toxicity was seen at the limit dose. When EECs for surface water and concern. In addition, there is potential Lastly, in the reproduction toxicity groundwater are less than the calculated for chronic dietary exposure to study, offspring toxicity (decreased DWLOCs, OPP concludes with pyriproxyfen in drinking water. After body weight on pups during lactation reasonable certainty that exposures to calculating DWLOCs and comparing days 14 to 21) occurred only in the the pesticide in drinking water (when them to the EECs for surface and ground presence of decreases in body weight in considered along with other sources of water, EPA does not expect the parental animals at the same dose level exposure for which OPP has reliable aggregate exposure to exceed 100% of (i.e., comparable toxicity in adults and data) would not result in unacceptable the cPAD, as shown in Table 4 of this offspring). levels of aggregate human health risk at unit:

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO PYRIPROXYFEN

Surface Ground Chronic Population Subgroup Aggegate MOE Target MOE Water EEC Water EEC DWLOC (Food + Residential) (ppb) (ppb) (ppb)

U.S. population 9,200 100 0.40 0.006 12,000

All infants 1,000 100 0.40 0.006 3,200

Children 1–2 years old 860 100 0.40 0.006 3,100

Children 3–5 years old 940 100 0.40 0.006 10,000

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3. Short-term risk. Short-term Using the exposure assumptions addition, short-term DWLOCs were aggregate exposure takes into account described in this unit for short-term calculated and compared to the EECs for residential exposure plus chronic exposures, EPA has concluded that food chronic exposure of pyriproxyfen in exposure to food and water (considered and residential exposures aggregated ground and surface water. After to be a background exposure level). result in aggregate MOEs of 26,000 for calculating DWLOCs and comparing Pyriproxyfen is currently registered the U.S. population, 1,800 for all them to the EECs for surface and ground < for use that could result in short-term infants( 1 year old), and 1,600 for water, EPA does not expect short-term residential exposure and the Agency has children (1–2 years old). These aggregate exposure to exceed the determined that it is appropriate to aggregate MOEs do not exceed the Agency’s level of concern, as shown in aggregate chronic food and water and Agency’s level of concern for aggregate Table 5 of this unit: short-term exposures for pyriproxyfen. exposure to food and residential uses. In

TABLE 5.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO PYRIPROXYFEN

Surface Ground Short-Term Population Subgroup Aggregate MOE Target MOE Water EEC Water EEC DWLOC (Food + Residential) (ppb) (ppb) (ppb)

U.S. population 26,000 100 0.40 0.006 35,000

All infants (<1 year old 1,800 100 0.40 0.006 9,400

Children (1–2 years old) 1,600 100 0.40 0.006 9,400

Females (13–49 years old) 37,000 00 0.40 0.006 30,000

4. Intermediate-term risk. and water and intermediate-term exposure to food and residential uses. In Intermediate-term aggregate exposure exposures for pyriproxyfen. addition, intermediate-term DWLOCs takes into account residential exposure Using the exposure assumptions were calculated and compared to the plus chronic exposure to food and water described in this unit for intermediate- EECs for chronic exposure of (considered to be a background term exposures, EPA has concluded that pyriproxyfen in ground and surface exposure level). food and residential exposures water. After calculating DWLOCs and aggregated result in aggregate MOEs of comparing them to the EECs for surface Pyriproxyfen is currently registered 9,200 for the U.S. population, 650 for all for use(s) that could result in < and ground water, EPA does not expect infants ( 1 year old, and 580 for intermediate-term aggregate exposure to intermediate-term residential exposure children (1–2 years old). These exceed the Agency’s level of concern, as and the Agency has determined that it aggregate MOEs do not exceed the shown in Table 6 of this unit: is appropriate to aggregate chronic food Agency’s level of concern for aggregate

TABLE 6.—AGGREGATE RISK ASSESSMENT FOR INTERMEDIATE-TERM EXPOSURE TO PYRIPROXYFEN

Inter- Surface Ground mediate- Population Subgroup Aggregate MOE Target MOE Water EEC Water EEC Term (Food + Residential) (ppb) (ppb) DWLOC (ppb)

U.S. population 9,200 100 0.40 0.006 12,000

All infants (<1 year old) 650 100 0.40 0.006 3,000

Children (1–2 years old) 580 100 0.40 0.006 3,000

Females (13–49 years old) 13,000 100 0.40 0.006 10,000

5. Aggregate cancer risk for U.S. no harm will result to the general detector (GC/NPD) method (RM–33P–1– population. There was no evidence of population, and to infants and children 3a) used to determine residues of carcinogenicity in a 78-week mouse from aggregate exposure to pyriproxyfen pyriproxyfen in/on these crops. The feeding study and a 2–year rat feeding residues. method has undergone an adequate study. Pyriproxyfen was classified as a IV. Other Considerations radiovalidation, independent laboratory ‘‘Group E’’ chemical (no evidence of validation (ILV) trial, petition method carcinogenicity to humans) by the A. Analytical Enforcement Methodology validation (PMV) trial, and has been Agency based on the absence of In conjunction with the residue forwarded to the Food and Drug evidence of carcinogenicity in male and studies on cabbage, cauliflower, Administration (FDA) for inclusion in female rats as well as in male and mustard greens, cantaloupe, cucumber, Pesticide Analytical Method (PAM) Vol. female mice. summer squash, olive, okra, and sugar II (DP Barcode D257337, W. Donovan, 7/ 6. Determination of safety. Based on apple, the petitioner submitted adequate 1/99). HED concludes that the GC/NPD these risk assessments, EPA concludes concurrent recovery data for a gas method RM–33P–1–3a is adequate for that there is a reasonable certainty that chromatography/nitrogen phosphorous enforcement of the recommended

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tolerance levels for residues of provides essentially the same process identify the fee submission by labeling pyriproxyfen per se in/on Brassica leafy for persons to ‘‘object’’ to a regulation it ‘‘Tolerance Petition Fees.’’ vegetables, cucurbit vegetables, olive, for an exemption from the requirement EPA is authorized to waive any fee okra, sugar apple, cherimoya, atemoya, of a tolerance issued by EPA under new requirement ‘‘when in the judgement of custard apple, ilama, soursop, birba, fig, section 408(d) of FFDCA, as was the Administrator such a waiver or avocado, papaya, star apple, black provided in the old sections 408 and refund is equitable and not contrary to sapote, mango, sapodilla, canistel, and 409 of the FFDCA. However, the period the purpose of this subsection.’’ For mamey sapote. As tolerances for for filing objections is now 60 days, additional information regarding the residues of pyriproxyfen in livestock rather than 30 days. waiver of these fees, you may contact commodities are not required at this James Tompkins by telephone at (703) A. What Do I Need to Do to File an time, enforcement methodology for 305–5697, by e-mail at Objection or Request a Hearing? determining residues in livestock are [email protected], or by mailing a not required. You must file your objection or request for information to: Mr. MRM testing data have previously request a hearing on this regulation in Tompkins, Registration Division been provided (PP#6F04737, DP accordance with the instructions (7505C), Office of Pesticide Programs, Barcode D228556, J. Garbus, 5/6/97) for provided in this unit and in 40 CFR part Environmental Protection Agency, 1200 pyriproxyfen. Pyriproxyfen was 178. To ensure proper receipt by EPA, Pennsylvania Ave., NW., Washington, recovered from fortified apple and you must identify docket ID number DC 20460–0001. cotton samples through protocols A, C, OPP–2002–0345 in the subject line on If you would like to request a waiver D, E, and F. The results have been the first page of your submission. All of the tolerance objection fees, you must forwarded to FDA. requests must be in writing, and must be mail your request for such a waiver to: Adequate enforcement methodology mailed or delivered to the Hearing Clerk James Hollins, Information Resources (example—gas chromotography) is on or before May 6, 2003. and Services Division (7502C), Office of available to enforce the tolerance 1. Filing the request. Your objection Pesticide Programs, Environmental expression. The method may be must specify the specific provisions in Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– requested from: Francis Griffith, the regulation that you object to, and the 0001. Analytical Chemistry Branch, grounds for the objections (40 CFR 3. Copies for the Docket. In addition Environmental Science Center, 701 178.25). If a hearing is requested, the Mapes Rd., Ft. Meade, MD 20755–5350; to filing an objection or hearing request objections must include a statement of with the Hearing Clerk as described in telephone number: (410) 305–2905; e- the factual issues(s) on which a hearing mail address: [email protected]. Unit VI.A., you should also send a copy is requested, the requestor’s contentions of your request to the PIRIB for its B. International Residue Limits on such issues, and a summary of any inclusion in the official record that is evidence relied upon by the objector (40 There are no Codex, Canadian, or described in Unit I.B.1. Mail your CFR 178.27). Information submitted in Mexican maximum residue limits copies, identified by docket ID number connection with an objection or hearing (MRLs) for residues of pyriproxyfen in/ OPP–2002–0345, to: Public Information request may be claimed confidential by on any of the crops involved in the and Records Integrity Branch, marking any part or all of that proposed new uses. Therefore, Information Resources and Services information as CBI. Information so international harmonization is not an Division (7502C), Office of Pesticide marked will not be disclosed except in issue at this time. Programs, Environmental Protection accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., V. Conclusion 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person Therefore, the tolerances are information that does not contain CBI or by courier, bring a copy to the established for residues of pyriproxyfen, must be submitted for inclusion in the location of the PIRIB described in Unit [2-[1-methyl-2-(4- public record. Information not marked I.B.1. You may also send an electronic phenoxyphenoxy)ethoxy]pyridine], in confidential may be disclosed publicly copy of your request via e-mail to: opp- or on Brassica, head and stem, subgroup by EPA without prior notice. [email protected]. Please use an ASCII 5A; Brassica, leafy greens, subgroup 5B; Mail your written request to: Office of file format and avoid the use of special vegetable, cucurbit, group 9; olive and the Hearing Clerk (1900C), characters and any form of encryption. olive, oil at 0.70, 2.0, 0.10, 1.0, and 2.0 Environmental Protection Agency, 1200 Copies of electronic objections and ppm.respectively. Pennsylvania Ave., NW., Washington, hearing requests will also be accepted DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or VI. Objections and Hearing Requests your request to the Office of the Hearing ASCII file format. Do not include any Under section 408(g) of the FFDCA, as Clerk in Rm.104, Crystal Mall #2, 1921 CBI in your electronic copy. You may amended by the FQPA, any person may Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your file an objection to any aspect of this The Office of the Hearing Clerk is open request at many Federal Depository regulation and may also request a from 8 a.m. to 4 p.m., Monday through Libraries. hearing on those objections. The EPA Friday, excluding legal holidays. The procedural regulations which govern the telephone number for the Office of the B. When Will the Agency Grant a submission of objections and requests Hearing Clerk is (703) 603–0061. Request for a Hearing? for hearings appear in 40 CFR part 178. 2. Tolerance fee payment. If you file A request for a hearing will be granted Although the procedures in those an objection or request a hearing, you if the Administrator determines that the regulations require some modification to must also pay the fee prescribed by 40 material submitted shows the following: reflect the amendments made to the CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue FFDCA by the FQPA, EPA will continue fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility to use those procedures, with must mail the fee to: EPA Headquarters that available evidence identified by the appropriate adjustments, until the Accounting Operations Branch, Office requestor would, if established resolve necessary modifications can be made. of Pesticide Programs, P.O. Box one or more of such issues in favor of The new section 408(g) of the FFDCA 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account

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uncontested claims or facts to the Federalism(64 FR 43255, August 10, the U.S. House of Representatives, and contrary; and resolution of the factual 1999). Executive Order 13132 requires the Comptroller General of the United issues(s) in the manner sought by the EPA to develop an accountable process States prior to publication of this final requestor would be adequate to justify to ensure ‘‘meaningful and timely input rule in the Federal Register. This final the action requested (40 CFR 178.32). by State and local officials in the rule is not a ‘‘major rule’’ as defined by development of regulatory policies that VII. Statutory and Executive Order 5 U.S.C. 804(2). have federalism implications.’’ ‘‘Policies Reviews that have federalism implications’’ is List of Subjects in 40 CFR Part 180 This final rule establishes a tolerance defined in the Executive order to under section 408(d) of the FFDCA in include regulations that have Environmental protection, response to a petition submitted to the ‘‘substantial direct effects on the States, Administrative practice and procedure, Agency. The Office of Management and on the relationship between the national Agricultural commodities, Pesticides Budget (OMB) has exempted these types government and the States, or on the and pests, Reporting and recordkeeping of actions from review under Executive distribution of power and requirements. Order 12866, entitled Regulatory responsibilities among the various Planning and Review (58 FR 51735, levels of government.’’ This final rule Dated: February 24, 2003. October 4, 1993). Because this rule has directly regulates growers, food Debra Edwards, been exempted from review under processors, food handlers, and food Executive Order 12866 due to its lack of Acting Director, Registration Division, Office retailers, not States. This action does not of Pesticide Programs. significance, this rule is not subject to alter the relationships or distribution of Executive Order 13211, Actions power and responsibilities established Therefore, 40 CFR chapter I is Concerning Regulations That by Congress in the preemption amended as follows: Significantly Affect Energy Supply, provisions of section 408(n)(4) of the Distribution, or Use (66 FR 28355, May FFDCA. For these same reasons, the PART 180—[AMENDED] 22, 2001). This final rule does not Agency has determined that this rule contain any information collections does not have any ‘‘tribal implications’’ 1. The authority citation for part 180 subject to OMB approval under the as described in Executive Order 13175, continues to read as follows: Paperwork Reduction Act (PRA), 44 entitled Consultation and Coordination Authority: 21 U.S.C. 321(q), 346(a) and U.S.C. 3501 et seq., or impose any with Indian Tribal Governments (65 FR 371. enforceable duty or contain any 67249, November 6, 2000). Executive unfunded mandate as described under Order 13175, requires EPA to develop Title II of the Unfunded Mandates an accountable process to ensure 2. Section 180.510 is amended by Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal alphabetically adding commodities to Law 104–4). Nor does it require any officials in the development of the table in paragraph (a)(1) to read as special considerations under Executive regulatory policies that have tribal follows: Order 12898, entitled Federal Actions to implications.’’ ‘‘Policies that have tribal Address Environmental Justice in § 180.510 Pyriproxyfen; tolerances for implications’’ is defined in the residues. Minority Populations and Low-Income Executive order to include regulations Populations (59 FR 7629, February 16, that have ‘‘substantial direct effects on (a) * * * 1994); or OMB review or any Agency one or more Indian tribes, on the (1) * * * action under Executive Order 13045, relationship between the Federal entitled Protection of Children from Government and the Indian tribes, or on Parts per Environmental Health Risks and Safety the distribution of power and Commodity million Risks (62 FR 19885, April 23, 1997). responsibilities between the Federal This action does not involve any Government and Indian tribes.’’ This *** ** technical standards that would require rule will not have substantial direct Brassica, head and stem, sub- Agency consideration of voluntary effects on Tribal governments, on the group 5A ...... 0.70 consensus standards pursuant to section relationship between the Federal Brassica, leafy greens, sub- 12(d) of the National Technology Government and Indian tribes, or on the group 5B ...... 2.0 Transfer and Advancement Act of 1995 distribution of power and *** ** (NTTAA), Public Law 104–113, section responsibilities between the Federal Olive ...... 1.0 12(d) (15 U.S.C. 272 note). Since Government and Indian Tribes, as Olive, oil ...... 2.0 tolerances and exemptions that are specified in Executive Order 13175. *** ** established on the basis of a petition Thus, Executive Order 13175 does not Vegetable, cucurbit, group 9 .... 0.10 under section 408(d) of the FFDCA, apply to this rule. *** ** such as the tolerance in this final rule, do not require the issuance of a VIII. Congressional Review Act * * * * * proposed rule, the requirements of the The Congressional Review Act, 5 [FR Doc. 03–5478 Filed 3–6–03; 8:45 am] Regulatory Flexibility Act (RFA) (5 U.S.C. 801 et seq., as added by the Small BILLING CODE 6560–50–S U.S.C. 601 et seq.) do not apply. In Business Regulatory Enforcement addition, the Agency has determined Fairness Act of 1996, generally provides that this action will not have a that before a rule may take effect, the substantial direct effect on States, on the agency promulgating the rule must relationship between the national submit a rule report, which includes a government and the States, or on the copy of the rule, to each House of the distribution of power and Congress and to the Comptroller General responsibilities among the various of the United States. EPA will submit a levels of government, as specified in report containing this rule and other Executive Order 13132, entitled required information to the U.S. Senate,

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ENVIRONMENTAL PROTECTION manufacturer, or antimicrobial pesticide system, EPA Dockets. You may use EPA AGENCY manufacturer. Potentially affected Dockets at http://www.epa.gov/edocket/ entities may include, but are not limited to submit or view public comments, 40 CFR Part 180 to: access the index listing of the contents • Industry (NAICS 111), e.g., Crop of the official public docket, and to [OPP–2003–0037; FRL–7290–9] Production. access those documents in the public • 1,3 Benzene Dicarboxylic Acid, 5- Industry (NAICS 112), e.g., Animal docket that are available electronically. Sulfo-, 1,3-Dimethyl Ester, Sodium Production. Although not all docket materials may • Industry (NAICS 311), e.g., Food Salt, Polymer with 1,3-Benzene be available electronically, you may still manufacturing. Dicarboxylic Acid, 1,4-Benzene access any of the publicly available • Industry (NAICS 32532), e.g., Dicarboxylic Acid, Dimethyl 1,4- docket materials through the docket Pesticide Manufacturing. facility identified in Unit I.B.1. Once in Benzene Dicarboxylate and 1,2- • Industry (NAICS 32561), e.g., Ethanediol; Tolerance Exemption the system, select ‘‘search,’’ then key in Antimicrobial Pesticide. the appropriate docket ID number. AGENCY: Environmental Protection This listing is not intended to be II. Background and Statutory Findings Agency (EPA). exhaustive, but rather provides a guide for readers regarding entities likely to be ACTION: Final rule. In the Federal Register of November affected by this action. Other types of 15, 2002 (67 FR 69217) (FRL–7280–1), SUMMARY: This regulation establishes an entities not listed in this unit could also EPA issued a notice pursuant to section exemption from the requirement of a be affected. The North American 408 of the FFDCA, 21 U.S.C. 346a, as tolerance for residues of 1,3 benzene Industrial Classification System amended by the FQPA (Public Law 104 dicarboxylic acid, 5-sulfo-, 1,3-dimethyl (NAICS) codes have been provided to –170), announcing the filing of a ester, sodium salt, polymer with 1,3- assist you and others in determining pesticide petition (PP 2E6515) by benzene dicarboxylic acid, 1,4-benzene whether this action might apply to Rhodia, Inc., CN 7500, Prospect Plains dicarboxylic acid, dimethyl 1,4-benzene certain entities. If you have any Rd., Cranbury, NJ 08512–7500. That dicarboxylate and 1,2-ethanediol; when questions regarding the applicability of notice included a summary of the used as an inert ingredient. Rhodia Inc., this action to a particular entity, consult petition prepared by the petitioner. submitted a petition to EPA under the the person listed under FOR FURTHER There were no comments received in Federal Food, Drug, and Cosmetic Act INFORMATION CONTACT. response to the notice of filing. The petition requested that 40 CFR (FFDCA), as amended by the Food B. How Can I Get Copies of This Quality Protection Act of 1996 (FQPA) 180.960 be amended by establishing an Document and Other Related exemption from the requirement of a requesting an exemption from the Information? requirement of a tolerance. This tolerance for residues of 1,3 benzene 1. Docket. EPA has established an regulation eliminates the need to dicarboxylic acid, 5-sulfo-, 1,3-dimethyl official public docket for this action establish a maximum permissible level ester, sodium salt, polymer with 1,3- under docket identification (ID) number for residues of 1,3 benzene dicarboxylic benzene dicarboxylic acid, 1,4-benzene OPP–2003–0037. The official public acid, 5-sulfo-, 1,3-dimethyl ester, dicarboxylic acid, dimethyl 1,4-benzene docket consists of the documents sodium salt, polymer with 1,3-benzene dicarboxylate and 1,2-ethanediol; CAS specifically referenced in this action, dicarboxylic acid, 1,4-benzene Reg. No. 212842–88–1. any public comments received, and Section 408(c)(2)(A)(i) of the FFDCA dicarboxylic acid, dimethyl 1,4-benzene other information related to this action. allows EPA to establish an exemption dicarboxylate and 1,2-ethanediol. Although a part of the official docket, from the requirement for a tolerance (the DATES: This regulation is effective the public docket does not include legal limit for a pesticide chemical March 7, 2003. Objections and requests Confidential Business Information (CBI) residue in or on a food) only if EPA for hearings, identified by docket ID or other information whose disclosure is determines that the tolerance is ‘‘safe.’’ number OPP–2003–0037, must be restricted by statute. The official public Section 408(c)(2)(A)(ii) of the FFDCA received on or before May 6, 2003. docket is the collection of materials that defines ‘‘safe’’ to mean that ‘‘there is a ADDRESSES: Written objections and is available for public viewing at the reasonable certainty that no harm will hearing requests may be submitted Public Information and Records result from aggregate exposure to the electronically, by mail, or through hand Integrity Branch (PIRIB), Rm. 119, pesticide chemical residue, including delivery/courier. Follow the detailed Crystal Mall #2, 1921 Jefferson Davis all anticipated dietary exposures and all instructions as provided in Unit XI. of Hwy., Arlington, VA. This docket other exposures for which there is the SUPPLEMENTARY INFORMATION. facility is open from 8:30 a.m. to 4 p.m., reliable information.’’ This includes FOR FURTHER INFORMATION CONTACT: Monday through Friday, excluding legal exposure through drinking water and in Bipin Gandhi, Registration Division holidays. The docket telephone number residential settings, but does not include (7505C), Office of Pesticide Programs, is (703) 305–5805. occupational exposure. Section Environmental Protection Agency, 1200 2. Electronic access. You may access 408(b)(2)(C) of the FFDCA requires EPA Pennsylvania Ave., NW., Washington, this Federal Register document to give special consideration to DC 20460–0001; telephone number: electronically through the EPA Internet exposure of infants and children to the 703–308–8380; e-mail address: under the ‘‘Federal Register’’ listings at pesticide chemical residue in [email protected]. http://www.epa.gov/fedrgstr/.A establishing an exemption from the frequently updated electronic version of requirement of a tolerance and to SUPPLEMENTARY INFORMATION: 40 CFR part 180 is available at http:// ‘‘ensure that there is a reasonable I. General Information www.access.gpo.gov/nara/cfr/ certainty that no harm will result to cfrhtml_00/Title_40/40cfr180_00.html, a infants and children from aggregate A. Does this Action Apply to Me? beta site currently under development. exposure to the pesticide chemical You may be potentially affected by An electronic version of the public residue...’’ and specifies factors EPA is this action if you are an agricultural docket is available through EPA’s to consider in establishing an producer, food manufacturer, pesticide electronic public docket and comment exemption.

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III. Inert Ingredient Definition definition of a polymer is given in 40 acid, 1,4-benzene dicarboxylic acid, Inert ingredients are all ingredients CFR 723.250(b). The following dimethyl 1,4-benzene dicarboxylate and that are not active ingredients as defined exclusion criteria for identifying these 1,2-ethanediol. low risk polymers are described in 40 in 40 CFR 153.125 and include, but are V. Aggregate Exposures not limited to, the following types of CFR 723.250(d). 1. The polymer, 1,3 benzene For the purposes of assessing ingredients (except when they have a dicarboxylic acid, 5-sulfo-, 1,3-dimethyl potential exposure under this pesticidal efficacy of their own): ester, sodium salt, polymer with 1,3- exemption, EPA considered that 1,3 Solvents such as alcohols and benzene dicarboxylic acid, 1,4-benzene benzene dicarboxylic acid, 5-sulfo-, 1,3- hydrocarbons; surfactants such as dicarboxylic acid, dimethyl 1,4-benzene dimethyl ester, sodium salt, polymer polyoxyethylene polymers and fatty dicarboxylate and 1,2-ethanediol, is not with 1,3-benzene dicarboxylic acid, 1,4- acids; carriers such as clay and a cationic polymer nor is it reasonably benzene dicarboxylic acid, dimethyl diatomaceous earth; thickeners such as anticipated to become a cationic 1,4-benzene dicarboxylate and 1,2- carrageenan and modified cellulose; polymer in a natural aquatic ethanediol could be present in all raw wetting, spreading, and dispersing environment. and processed agricultural commodities agents; propellants in aerosol 2. The polymer does contain as an and drinking water, and that non- dispensers; microencapsulating agents; integral part of its compostion the occupational, non-dietary exposure was and emulsifiers. The term ‘‘inert’’ is not atomic elements carbon, hydrogen, possible. The minimum NAMW of 1,3 intended to imply nontoxicity; the oxygen and sulfur. benzene dicarboxylic acid, 5-sulfo-, 1,3- ingredient may or may not be 3. The polymer does not contain as an dimethyl ester, sodium salt, polymer chemically active. Generally, EPA has integral part of its composition, except with 1,3-benzene dicarboxylic acid, 1,4- exempted inert ingredients from the as impurities, any element other than benzene dicarboxylic acid, dimethyl requirement of a tolerance based on the those listed in 40 CFR 723.250(d)(2)(ii). 1,4-benzene dicarboxylate and 1,2- low toxicity of the individual inert 4. The polymer is neither designed ethanediol is 2,580 daltons. Generally, a ingredients. nor can it be reasonably anticipated to polymer of this size would be poorly IV. Risk Assessment and Statutory substantially degrade, decompose, or absorbed through the intact Findings depolymerize. gastrointestinal tract or through intact 5. The polymer is manufactured or human skin. Since 1,3 benzene EPA establishes exemptions from the imported from monomers and/or dicarboxylic acid, 5-sulfo-, 1,3-dimethyl requirement of a tolerance only in those reactants that are already included on ester, sodium salt, polymer with 1,3- cases where it can be clearly the TSCA Chemical Substance benzene dicarboxylic acid, 1,4-benzene demonstrated that the risks from Inventory or manufactured under an dicarboxylic acid, dimethyl 1,4-benzene aggregate exposure to pesticide applicable TSCA section 5 exemption. dicarboxylate and 1,2-ethanediol chemical residues under reasonably 6. The polymer is not a water conform to the criteria that identify a foreseeable circumstances will pose no absorbing polymer with a number low risk polymer, there are no concerns appreciable risks to human health. In average molecular weight (MW) greater for risks associated with any potential order to determine the risks from than or equal to 10,000 daltons. exposure scenarios that are reasonably aggregate exposure to pesticide inert Additionally, the polymer, 1,3 foreseeable. The Agency has determined ingredients, the Agency considers the benzene dicarboxylic acid, 5-sulfo-, 1,3- that a tolerance is not necessary to toxicity of the inert in conjunction with dimethyl ester, sodium salt, polymer protect the public health. possible exposure to residues of the with 1,3-benzene dicarboxylic acid, 1,4- inert ingredient through food, drinking benzene dicarboxylic acid, dimethyl VI. Cumulative Effects water, and through other exposures that 1,4-benzene dicarboxylate and 1,2- Section 408 (b)(2)(D)(v) of the FFDCA occur as a result of pesticide use in ethanediol, also meets, as required, the requires that, when considering whether residential settings. If EPA is able to following exemption criteria specified to establish, modify, or revoke a determine that a finite tolerance is not in 40 CFR 723.250(e). tolerance or tolerance exemption, the necessary to ensure that there is a 7. The polymer’s minimum number Agency consider ‘‘available reasonable certainty that no harm will average molecular weight (NAMW) of information’’ concerning the cumulative result from aggregate exposure to the 2,580 is greater than 1,000 and less than effects of a particular chemical’s inert ingredient, an exemption from the 10,000 daltons. The polymer contains residues and ‘‘other substances that requirement of a tolerance may be less than 10% oligomeric material have a common mechanism of toxicity.’’ established. below MW 500 and less than 25% The Agency has not made any Consistent with section 408(b)(2)(D) oligomeric material below MW 1,000, conclusions as to whether or not 1,3 of the FFDCA, EPA has reviewed the and the polymer does not contain any benzene dicarboxylic acid, 5-sulfo-, 1,3- available scientific data and other reactive functional groups. dimethyl ester, sodium salt, polymer relevant information in support of this Thus, 1,3 benzene dicarboxylic acid, with 1,3-benzene dicarboxylic acid, 1,4- action and considered its validity, 5-sulfo-, 1,3-dimethyl ester, sodium salt, benzene dicarboxylic acid, dimethyl completeness and reliability and the polymer with 1,3-benzene dicarboxylic 1,4-benzene dicarboxylate and 1,2- relationship of this information to acid, 1,4-benzene dicarboxylic acid, ethanediol share a common mechanism human risk. EPA has also considered dimethyl 1,4-benzene dicarboxylate and of toxicity with any other chemicals. available information concerning the 1,2-ethanediol meet all the criteria for a However, 1,3 benzene dicarboxylic acid, variability of the sensitivities of major polymer to be considered low risk under 5-sulfo-, 1,3-dimethyl ester, sodium salt, identifiable subgroups of consumers, 40 CFR 723.250. Based on its polymer with 1,3-benzene dicarboxylic including infants and children. In the conformance to the above criteria, no acid, 1,4-benzene dicarboxylic acid, case of certain chemical substances that mammalian toxicity is anticipated from dimethyl 1,4-benzene dicarboxylate and are defined as polymers, the Agency has dietary, inhalation, or dermal exposure 1,2-ethanediol conform to the criteria established a set of criteria to identify to 1,3 benzene dicarboxylic acid, 5- that identify a low risk polymer. Due to categories of polymers that should sulfo-, 1,3-dimethyl ester, sodium salt, the expected lack of toxicity based on present minimal or no risk. The polymer with 1,3-benzene dicarboxylic the above conformance, the Agency has

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determined that a cumulative risk X. Conclusion 40 CFR part 2. A copy of the assessment is not necessary. Accordingly, EPA finds that information that does not contain CBI must be submitted for inclusion in the VII. Determination of Safety for U.S. exempting residues of 1,3 benzene public record. Information not marked Population dicarboxylic acid, 5-sulfo-, 1,3-dimethyl ester, sodium salt, polymer with 1,3- confidential may be disclosed publicly Based on the conformance to the by EPA without prior notice. benzene dicarboxylic acid, 1,4-benzene criteria used to identify a low risk Mail your written request to: Office of dicarboxylic acid, dimethyl 1,4-benzene polymer, EPA concludes that there is a the Hearing Clerk (1900C), reasonable certainty of no harm to the dicarboxylate and 1,2-ethanediol from Environmental Protection Agency, 1200 U.S. population from aggregate exposure the requirement of a tolerance will be Pennsylvania Ave., NW., Washington, to residues of 1,3 benzene dicarboxylic safe. DC 20460–0001. You may also deliver acid, 5-sulfo-, 1,3-dimethyl ester, XI. Objections and Hearing Requests your request to the Office of the Hearing sodium salt, polymer with 1,3-benzene Clerk in Rm. 104, Crystal Mall #2, 1921 Under section 408(g) of the FFDCA, as dicarboxylic acid, 1,4-benzene Jefferson Davis Hwy., Arlington, VA. amended by the FQPA, any person may dicarboxylic acid, dimethyl 1,4-benzene The Office of the Hearing Clerk is open file an objection to any aspect of this dicarboxylate and 1,2-ethanediol. from 8 a.m. to 4 p.m., Monday through regulation and may also request a Friday, excluding legal holidays. The VIII. Determination of Safety for Infants hearing on those objections. The EPA and Children telephone number for the Office of the procedural regulations which govern the Hearing Clerk is (703) 603–0061. FFDCA section 408 of the FFDCA submission of objections and requests 2. Tolerance fee payment. If you file provides that EPA shall apply an for hearings appear in 40 CFR part 178. an objection or request a hearing, you additional tenfold margin of safety for Although the procedures in those must also pay the fee prescribed by 40 infants and children in the case of regulations require some modification to CFR 180.33(i) or request a waiver of that threshold effects to account for prenatal reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You and postnatal toxicity and the FFDCA by the FQPA, EPA will continue must mail the fee to: EPA Headquarters completeness of the data base unless to use those procedures, with Accounting Operations Branch, Office EPA concludes that a different margin of appropriate adjustments, until the of Pesticide Programs, P.O. Box safety will be safe for infants and necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please children. Due to the expected low The new section 408(g) of the FFDCA identify the fee submission by labeling toxicity of 1,3 benzene dicarboxylic provides essentially the same process it ‘‘Tolerance Petition Fees.’’ acid, 5-sulfo-, 1,3-dimethyl ester, for persons to ‘‘object’’ to a regulation EPA is authorized to waive any fee sodium salt, polymer with 1,3-benzene for an exemption from the requirement requirement ‘‘when in the judgement of dicarboxylic acid, 1,4-benzene of a tolerance issued by EPA under new the Administrator such a waiver or dicarboxylic acid, dimethyl 1,4-benzene section 408(d) of the FFDCA, as was refund is equitable and not contrary to dicarboxylate and 1,2-ethanediol, EPA provided in the old sections 408 and the purpose of this subsection.’’ For has not used a safety factor analysis to 409 of the FFDCA. However, the period additional information regarding the assess the risk. For the same reasons the for filing objections is now 60 days, waiver of these fees, you may contact additional tenfold safety factor is rather than 30 days. James Tompkins by phone at (703) 305– unnecessary. A. What Do I Need to Do to File an 5697, by e-mail at IX. Other Considerations Objection or Request a Hearing? [email protected], or by mailing a request for information to Mr. Tompkins A. Endocrine Disruptors You must file your objection or at Registration Division (7505C), Office There is no available evidence that 1,3 request a hearing on this regulation in of Pesticide Programs, Environmental benzene dicarboxylic acid, 5-sulfo-, 1,3- accordance with the instructions Protection Agency, 1200 Pennsylvania dimethyl ester, sodium salt, polymer provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– with 1,3-benzene dicarboxylic acid, 1,4- 178. To ensure proper receipt by EPA, 0001. benzene dicarboxylic acid, dimethyl you must identify docket ID number If you would like to request a waiver 1,4-benzene dicarboxylate and 1,2- –OPP–2003–0037 in the subject line on of the tolerance objection fees, you must ethanediol is an endocrine disruptor. the first page of your submission. All mail your request for such a waiver to: requests must be in writing, and must be James Hollins, Information Resources B. Analytical Enforcement Methodology mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of An analytical method is not required on or before May 6, 2003. Pesticide Programs, Environmental for enforcement purposes since the 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania Agency is establishing an exemption must specify the specific provisions in Ave., NW., Washington, DC 20460– from the requirement of a tolerance the regulation that you object to, and the 0001. without any numerical limitation. grounds for the objections (40 CFR 3. Copies for the Docket. In addition 178.25). If a hearing is requested, the to filing an objection or hearing request C. International Tolerances objections must include a statement of with the Hearing Clerk as described in The Agency is not aware of any the factual issues(s) on which a hearing Unit XI.A., you should also send a copy country requiring a tolerance for 1,3 is requested, the requestor’s contentions of your request to the PIRIB for its benzene dicarboxylic acid, 5-sulfo-, 1,3- on such issues, and a summary of any inclusion in the official record that is dimethyl ester, sodium salt, polymer evidence relied upon by the objector (40 described in Unit I.B.1. Mail your with 1,3-benzene dicarboxylic acid, 1,4- CFR 178.27). Information submitted in copies, identified by docket ID number– benzene dicarboxylic acid, dimethyl connection with an objection or hearing OPP–2003–0037, to: Public Information 1,4-benzene dicarboxylate and 1,2- request may be claimed confidential by and Records Integrity Branch, ethanediol nor have any CODEX marking any part or all of that Information Resources and Services Maximum Residue Levels (MRLs) been information as CBI. Information so Division (7502C), Office of Pesticide established for any food crops at this marked will not be disclosed except in Programs, Environmental Protection time. accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW.,

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Washington, DC 20460–0001. In person action under Executive Order 13045, one or more Indian tribes, on the or by courier, bring a copy to the entitled Protection of Children from relationship between the Federal location of the PIRIB described in Unit Environmental Health Risks and Safety Government and the Indian tribes, or on I.B.1. You may also send an electronic Risks (62 FR 19885, April 23, 1997). the distribution of power and copy of your request via e-mail to: opp- This action does not involve any responsibilities between the Federal [email protected]. Please use an ASCII technical standards that would require Government and Indian tribes.’’ This file format and avoid the use of special Agency consideration of voluntary rule will not have substantial direct characters and any form of encryption. consensus standards pursuant to section effects on tribal governments, on the Copies of electronic objections and 12(d) of the National Technology relationship between the Federal hearing requests will also be accepted Transfer and Advancement Act of 1995 Government and Indian tribes, or on the on disks in WordPerfect 6.1/8.0 or (NTTAA), Public Law 104–113, section distribution of power and ASCII file format. Do not include any 12(d) (15 U.S.C. 272 note). Since CBI in your electronic copy. You may responsibilities between the Federal tolerances and exemptions that are Government and Indian tribes, as also submit an electronic copy of your established on the basis of a petition request at many Federal Depository specified in Executive Order 13175. under section 408(d) of the FFDCA, Thus, Executive Order 13175 does not Libraries. such as the exemption in this final rule, apply to this rule. B. When Will the Agency Grant a do not require the issuance of a Request for a Hearing? proposed rule, the requirements of the XIII. Congressional Review Act Regulatory Flexibility Act (RFA) (5 A request for a hearing will be granted U.S.C. 601 et seq.) do not apply. In The Congressional Review Act, 5 if the Administrator determines that the U.S.C. 801 et seq., as added by the Small material submitted shows the following: addition, the Agency has determined that this action will not have a Business Regulatory Enforcement There is a genuine and substantial issue Fairness Act of 1996, generally provides of fact; there is a reasonable possibility substantial direct effect on States, on the that before a rule may take effect, the that available evidence identified by the relationship between the national agency promulgating the rule must requestor would, if established, resolve government and the States, or on the one or more of such issues in favor of distribution of power and submit a rule report, which includes a the requestor, taking into account responsibilities among the various copy of the rule, to each House of the uncontested claims or facts to the levels of government, as specified in Congress and to the Comptroller General contrary; and resolution of the factual Executive Order 13132, entitled of the United States. EPA will submit a issues(s) in the manner sought by the Federalism (64 FR 43255, August 10, report containing this rule and other requestor would be adequate to justify 1999). Executive Order 13132 requires required information to the U.S. Senate, the action requested (40 CFR 178.32). EPA to develop an accountable process the U.S. House of Representatives, and to ensure ‘‘meaningful and timely input the Comptroller General of the United XII. Statutory and Executive Order by State and local officials in the States prior to publication of this rule in Review development of regulatory policies that the Federal Register. This rule is not a This final rule establishes an have federalism implications.’’ ‘‘Policies ‘‘major rule’’ as defined by 5 U.S.C. exemption from the tolerance that have federalism implications’’ is 804(2). requirement under section 408(d) of the defined in the Executive order to FFDCA in response to a petition include regulations that have List of Subjects in 40 CFR Part 180 submitted to the Agency. The Office of ‘‘substantial direct effects on the States, Management and Budget (OMB) has on the relationship between the national Environmental protection, exempted these types of actions from government and the States, or on the Administrative practice and procedure, review under Executive Order 12866, distribution of power and Agricultural commodities, Pesticides entitled Regulatory Planning and responsibilities among the various and pests, Reporting and recordkeeping Review (58 FR 51735, October 4, 1993). levels of government.’’ This final rule requirements. Because this rule has been exempted directly regulates growers, food Dated: January 30, 2003. from review under Executive Order processors, food handlers and food Debra Edwards, 12866 due to its lack of significance, retailers, not States. This action does not this rule is not subject to Executive alter the relationships or distribution of Acting Director, Registration Division, Office of Pesticide Programs. Order 13211, Actions Concerning power and responsibilities established Regulations That Significantly Affect by Congress in the preemption Therefore, 40 CFR chapter I is Energy Supply, Distribution, or Use (66 provisions of section 408(n)(4) of the amended as follows: FR 28355, May 22, 2001). This final rule FFDCA. For these same reasons, the does not contain any information Agency has determined that this rule PART 180—[AMENDED] collections subject to OMB approval does not have any ‘‘tribal implications’’ under the Paperwork Reduction Act as described in Executive Order 13175, 1. The authority citation for part 180 (PRA), 44 U.S.C. 3501 et seq., or impose entitled Consultation and Coordination continues to read as follows: any enforceable duty or contain any with Indian Tribal Governments (65 FR Authority: 21 U.S.C. 321(q), 346(a) and unfunded mandate as described under 67249, November 6, 2000). Executive 371. Title II of the Unfunded Mandates Order 13175, requires EPA to develop Reform Act of 1995 (UMRA) (Public an accountable process to ensure 2. In § 180.960 the table is amended Law 104–4). Nor does it require any ‘‘meaningful and timely input by tribal by adding alphabetically the following special considerations under Executive officials in the development of inert ingredient to read as follows: Order 12898, entitled Federal Actions to regulatory policies that have tribal Address Environmental Justice in implications.’’ ‘‘Policies that have tribal § 180.960 Polymers; exemptions from the Minority Populations and Low-Income implications’’ is defined in the requirement of a tolerance. Populations (59 FR 7629, February 16, Executive order to include regulations * * * * * 1994); or OMB review or any Agency that have ‘‘substantial direct effects on

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Polymers CAS No. order to avoid this result, we are Correction of Errors in the Preamble of revising § 412.22(h)(3)(ii), to reference August 30, 2002 Final Rule ***** § 412.23(e)(2)(ii). 1. On page 56065 in the third column 1,3 Benzene dicarboxylic 2. When we added § 412.541(d)(1), we (Full wage index) of Table 1, the figure acid, 5-sulfo-, 1,3-di- inadvertently omitted information on 0.8513 is corrected to read 0.9794. methyl ester, sodium outlier payments. The regulation on 2. On page 56065 in the fourth salt, polymer with 1,3- interim payments for hospitals not benzene dicarboxylic column (1⁄5 wage index) of Table 1, the receiving periodic interim payments acid, 1,4-benzene figure 0.9703 is corrected to read 0.9959. dicarboxylic acid, di- under the long-term care hospital methyl 1,4-benzene prospective payment system (LTCH Summary of Technical Corrections to dicarboxylate and 1,2- PPS) was designed to conform with the the Regulations Text of the August 30, ethanediol, minimum interim payment regulation at 2002 Final Rule number average mo- § 412.116(d) under the inpatient 1. In the August 30, 2002 final rule, lecular weight (in amu), prospective payment system (IPPS). As we redesignated § 412.23(e)(2) as 2,580 212842–88–1 it now reads, the paragraph § 412.23(e)(2)(ii), but did not make a *****misrepresents CMS outlier policy for the conforming change to § 412.22(h)(3)(ii). LTCH PPS by prohibiting LTCHs from Presently, § 412.22(h)(3)(ii) cites [FR Doc. 03–5479 Filed 3–6–03; 8:45 am] including outliers on interim bills. As § 412.23(e)(2) instead of BILLING CODE 6560–50–S revised, instead of prohibiting appropriate outlier payments for § 412.23(e)(2)(ii). This error, which Medicare patients with unusually long appears to change our policy concerning DEPARTMENT OF HEALTH AND lengths of stay, this regulation will now satellite hospitals, is corrected by HUMAN SERVICES conform to the regulation at § 412.116(d) revising § 412.22(h)(3)(ii), to reference and allow appropriate outlier payments. § 412.23(e)(2)(ii). Centers for Medicare & Medicaid Section 412.541(d)(1) is revised by 2. In the August 30, 2002 final rule Services deleting the last sentence and replacing (67 FR 56055), we inadvertently omitted it with the following: ‘‘Payment for the part of a sentence in § 412.541(d)(1). 42 CFR Part 412 interim bill is determined as if the bill Presently, the sentence reads as ‘‘Payment for the interim bill is [CMS–1177–F2] were a final discharge bill and includes any outlier payment determined as of determined as if the bill were a final RIN 0938–AK69 the last day for which services have discharge bill’’ but does not address been billed.’’ outlier payments. This regulation was Medicare Program; Prospective 3. In the August 30, 2002 final rule, designed to conform with the policy on Payment System for Long-Term Care we incorrectly stated two wage index billing for outliers on an interim bill of Hospitals: Implementation and FY 2003 amounts for MSA 3810 in Table 1 on the IPPS, in § 412.116(d). The last Rates; Correcting Amendment page 56065 of the rule. On page 56065 sentence of § 412.541(d)(1) is revised to read as follows: ‘‘Payment for the AGENCY: Centers for Medicare & in the third column (Full wage index) of Medicaid Services (CMS), HHS. Table 1, the figure 0.8513 is corrected to interim bill is determined as if the bill read 0.9794. On page 56065 in the were a final discharge bill and includes ACTION: Final rule; correcting fourth column (1⁄5 wage index) of Table any outlier payment determined as of amendment. 1, the figure 0.9703 is corrected to read the last day for which services have SUMMARY: In the August 30, 2002 issue 0.9959. We established in the August been billed.’’ of the Federal Register (67 FR 55954), 30, 2002 final rule (67 FR 56018) for the Waiver of Proposed Rulemaking and we published a final rule for the LTCH PPS that the wage data used in Effective Date Prospective Payment System for Long calculations for the wage index would We ordinarily publish a correcting Term Care Hospitals. The effective date be computed based on the same data amendment of proposed rulemaking in was October 1, 2002. This correcting used by inpatient acute care hospital the Federal Register to provide a period amendment corrects a limited number prospective payment system (IPPS). for public comment before the of technical and typographical errors Wage index values published in the provisions of a correcting amendment identified in the August 30, 2002 final IPPS final rule on August 1, 2002 (67 FR such as this can take effect. We can rule. 50155, 50199, and 50217) have been determined to be incorrect. On waive this procedure, however, if we EFFECTIVE DATE: This correcting September 30, 2002, a program find good cause that a notice and amendment is effective March 7, 2003. memorandum (Transmittal A–02–092) comment procedure is impracticable, FOR FURTHER INFORMATION CONTACT: Tzvi set forth the correct values and unnecessary, or contrary to the public Hefter, (410) 786–4487. presently a correction notice is being interest and incorporate a statement of SUPPLEMENTARY INFORMATION: prepared for publication for the IPPS finding and its reasons in the correcting wage index values. Since the IPPS data amendment issued. Need for Corrections upon which the LTCH wage index for We find for good cause that it is 1. We redesignated § 412.23(e)(2) as MSA 810 is based has been corrected, unnecessary to undertake notice and § 412.23(e)(2)(ii) in the August 30, 2002 this data change would necessarily public comment procedures because final rule, but failed to make a require a correction in the LTCH wage this correcting amendment does not conforming change to existing index for MSA 3810. Publishing this make any substantive policy changes. § 412.22(h)(3)(ii) of the Code of Federal correction provides the accurate wage This document makes technical Regulations (CFR) which contains a cite index adjustment factor under the LTCH corrections and conforming changes to to § 412.23(e)(2) instead of PPS that will disclose to providers in the August 30, 2002 final rule (67 FR § 412.23(e)(2)(ii). This incorrect cite, if this metropolitan statistical area (MSA) 55954). Therefore, for good cause, we left uncorrected, would change our how this adjustment will affect their waive notice and public comment policy concerning satellite hospitals. In payments. procedures under 5 U.S.C. 553(b)(B). In

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addition, since these corrections make DEPARTMENT OF TRANSPORTATION page, type in the four-digit docket no substantive policy changes, LTCHs number shown on the first page of this would not require additional time to Office of the Secretary document. Then click on ‘‘search.’’ prepare to implement these items. Background Therefore, for good cause, we find it 49 CFR Part 1 Section 1012 of the Uniting and unnecessary to delay the effective date RIN 9991–AA36 Strengthening America by Providing for the changes in this correcting Appropriate Tools Required to Intercept amendment. Consequently, we waive [Docket No. OST–1999–6189] and Obstruct Terrorism (USA PATRIOT the 30-day delay in effective date for Organization and Delegation of Powers ACT) Act of 2001, [Public Law 107–56, this correcting amendment. and Duties, Update of Secretarial 115 Stat. 272 at 396, (October 26, 2001)], List of Subjects in 42 CFR Part 412 Delegations amended title 49 United States Code, by adding a new section 5103a, relating to Administrative practice and AGENCY: Office of the Secretary, DOT. limitations on issuance of licenses to procedure, Health facilities, Medicare, ACTION: Final rule. individuals who operate motor vehicles transporting hazardous materials in Puerto Rico, Reporting and SUMMARY: The Office of the Secretary of recordkeeping requirements. Transportation (OST) is updating the commerce. Section 5103a(a)(1) provides delegations of authority from the that ‘‘a State may not issue to any 42 CFR chapter IV part 412 is individual a license to operate a motor amended as set forth below: Secretary to the Administrator of the Federal Motor Carrier Safety vehicle transporting in commerce a hazardous material unless the Secretary PART 412—PROSPECTIVE PAYMENT Administration (FMCSA) and to the Under Secretary of Transportation for of Transportation has first determined, SYSTEMS FOR INPATIENT HOSPITAL upon receipt of a notification under SERVICES Security. By this action, the Secretary revokes the delegation of authority to subsection (c)(1)(B), that the individual does not pose a security risk warranting the Federal Motor Carrier Safety 1. The authority citation for part 412 denial of the license.’’ Administrator to carry out the continues to read as follows: Section 101 of the Aviation and provisions of 49 U.S.C. 5103a related to Authority: Secs. 1102 and 1871 of the Transportation Security Act, security risk determinations and (ATSA)[Public Law 107–71, 115 Stat. Social Security Act (42 U.S.C. 1302 and delegates the authority to the Under 1395hh). 597, (November 19, 2001)], amended Secretary of Transportation for Security title 49 United States Code, by adding 2. Section 412.22 is amended by to reflect the current organizational a new section 114, creating the TSA and revising paragraph (h)(3)(ii) to read as posture of the Department of providing that the Under Secretary shall follows: Transportation and to facilitate the be responsible for security in all modes orderly transfer of the functions of the of transportation, including security § 412.22 [Amended] Transportation Security Administration responsibilities not only over aviation * * * * * (TSA), and the functions of the security, but over other modes of Secretary related thereto, to the (h) Satellite facilities. *** transportation that are exercised by the Department of Homeland Security Department. See 49 U.S.C. 114(d)(2). On (3) * * * pursuant to section 403 of the December 28, 2001, the Secretary of (ii) Any hospital excluded from the Homeland Security Act (HSA). Transportation issued a final rule prospective payment systems under EFFECTIVE DATE: This final rule is amending Part 1 of title 49 CFR, to § 412.23(e)(2)(ii). effective on March 7, 2003. reflect the new DOT operating * * * * * FOR FURTHER INFORMATION CONTACT: Ms. administration and its general Patricia A. Burke, Office of the Chief responsibilities and on July 23, 2002, § 412.541 [Amended] Counsel, MC–CC, (202) 366–0834, the TSA issued a final rule (49 CFR Federal Motor Carrier Safety 1502.1) stating the responsibilities of the 3. Section 412.541 is amended by Administration, U.S. Department of Under Secretary of Transportation for revising the the final sentence of Transportation, 400 7th Street, SW., Security, including security paragraph (d)(1) to read as follows: Washington, DC 20590. responsibilities over all modes of * * * * * SUPPLEMENTARY INFORMATION: transportation. The Secretary’s decision (d) * * * to transfer primary responsibility over Electronic Access the security determination function to (1) * * * Payment for the interim bill An electronic copy of this document TSA takes into account the statutory is determined as if the bill were a final may be downloaded by using a changes brought about by the ATSA and discharge bill and includes any outlier computer, modem, and suitable the HSA. However, the FMCSA will payment determined as of the last day communications software from the continue to have § 5103a related for which services have been billed. Government Printing Office’s Electronic responsibilities under the commercial * * * * * Bulletin Board Service at (202) 512– driver’s license (CDL) program (49 1661. Internet users may reach the (Catalog of Federal Domestic Assistance U.S.C. 31305(a)(5)(C)). The revised Office of the Federal Register’s home Program No. 93.773, Medicare—Hospital delegations more accurately reflect the page at http://www.nara.gov/fedreg and Insurance) respective roles and responsibilities of the Government Printing Office’s the two administrations. Dated: March 3, 2003. database at: http://www.access.gpo.gov/ This final rule updates the delegations Ann Agnew, nara. You can also view and download of authority from the Secretary to the Executive Secretary to the Department. this document by going to the webpage FMCSA Administrator and the Under [FR Doc. 03–5360 Filed 3–6–03; 8:45 am] of the Department’s Docket Management Secretary of Transportation for Security BILLING CODE 4120–01–P System (http://dms.dot.gov). On that to reflect the organizational posture of webpage, click on ‘‘search.’’ On the next the Department. As such, the final rule

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is ministerial in nature and relates only amends the CFR to reflect a delegation material; and 49 U.S.C. 5119 relating to to Departmental management, of authority from the Secretary to the uniform forms and procedures. organization, procedure, and practice. FMCSA Administrator and to the (e) Carry out the functions vested in Since this amendment relates to Undersecretary of Transportation for the Secretary by 49 U.S.C. chapter 313 departmental organization, procedure Security, will not have a significant relating to commercial motor vehicle and practice, notice and comment are economic impact on a substantial operators, including the requirement of unnecessary under 5 U.S.C. 553(b). number of small businesses. section 31305(a)(5)(C) that States issue a Furthermore, this rule does not hazardous materials endorsement to a impose substantive requirements on the E. Paperwork Reduction Act commercial driver’s license only after public. Also, this final rule facilitates This rule contains no information being informed pursuant to 49 U.S.C. the Department of Transportation’s collection requirements under the 5103a that the applicant does not pose ability to orderly transfer the functions Paperwork Reduction Act of 1995 (44 a security risk warranting denial of the of the TSA and the functions of the U.S.C. 3501–3520). license. Secretary related thereto to the F. Unfunded Mandates Reform Act * * * * * Department of Homeland Security The Department has determined that Issued in Washington, DC, on this 27th day pursuant to section 403 of the of February, 2003. Homeland Security Act of 2002. the requirements of Title II of the Norman Y. Mineta, Consequently, the Department finds that Unfunded Mandates Reform Act of 1995 there is good cause under 5 U.S.C. do not apply to this rulemaking. Secretary of Transportation. [FR Doc. 03–5288 Filed 3–6–03; 8:45 am] 553(d)(3) to make this rule effective on List of Subjects in 49 CFR Part 1 the date of publication in the Federal BILLING CODE 4910–62–P Register. Authority delegations (Government agencies), Organization and functions Regulatory Analyses and Notices (Government agencies). DEPARTMENT OF COMMERCE A. Executive Order 12866 and DOT In consideration of the foregoing, part Regulatory Policies and Procedures 1 of Title 49, Code of Federal National Oceanic and Atmospheric Administration The final rule is not considered a Regulations, is amended as follows: significant regulatory action under PART 1—[AMENDED] 50 CFR Part 300 Executive Order 12866 and the Regulatory Policies and Procedures of 1. The authority citation for part 1 is [Docket No. 030124019–3040–02; I.D. the Department of Transportation (44 FR revised to read as follows: 010703B] 11034). There are no costs associated Authority: 49 U.S.C. 322; 46 U.S.C. RIN 0648–AQ67 with this rule. 2104(a); 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2); Pacific Halibut Fisheries; Catch B. Executive Order 13132 Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– 159, 113 Stat. 1748; Pub. L. 107–56, 115 Stat. Sharing Plan This action has been analyzed in 396; Pub. L. 107–71, 115 Stat. 597. AGENCY: National Marine Fisheries accordance with the principles and 2. Add § 1.68 to read as follows: criteria contained in Executive Order Service (NMFS), National Oceanic and 13132, dated August 4, 1999. This final § 1.68 Delegations to the Under Secretary Atmospheric Administration (NOAA), rule does not have a substantial direct of Transportation for Security for the Commerce. effect on, or sufficient federalism Transportation Security Administration. ACTION: Final rule; annual management implications for, the States, nor would (a) Carry out the functions vested in measures for Pacific halibut fisheries it limit the policymaking discretion of the Secretary by 49 U.S.C. 5103a and approval of catch sharing plan, and the States. Therefore, the consultation relating to security risk determinations final rule; changes to the Catch Sharing and funding requirements do not apply. for the issuance of licenses to operate Plan and to sport fishing management. motor vehicles transporting hazardous C. Executive Order 13084 SUMMARY: The Assistant Administrator materials in commerce. for Fisheries, NOAA (AA), on behalf of This final rule has been analyzed in (b) [Reserved] accordance with the principles and the International Pacific Halibut 3.In § 1.73 revise paragraphs (d)(2) Commission (IPHC), publishes annual criteria contained in Executive Order and (e) to read as follows: 13084 (‘‘Consultation and Coordination management measures promulgated as with Indian Tribal Governments’’). § 1.73 Delegations to the Administrator of regulations by the IPHC and approved Because this final rule does not the Federal Motor Carrier Safety by the Secretary of State governing the significantly or uniquely affect the Administration. Pacific halibut fishery. The AA also communities of the Indian tribal * * * * * announces modifications to the Catch governments and does not impose (d) * * * Sharing Plan (CSP) for Area 2A and substantial direct compliance costs, the (2) Carry out the functions vested in implementing regulations for 2003. funding and consultation requirements the Secretary by 49 U.S.C. 5112 relating These actions are intended to enhance of Executive Order 13084 do not apply. to highway routing of hazardous the conservation of Pacific halibut and materials; 49 U.S.C. 5109 relating to further the goals and objectives of the D. Regulatory Flexibility Act motor carrier safety permits, except Pacific Fishery Management Council The Regulatory Flexibility Act (5 subsection (f); 49 U.S.C. 5113 relating to (PFMC) and the North Pacific Fishery U.S.C. 601 et seq.) requires an agency to unsatisfactory safety ratings of motor Management Council (NPFMC). review regulations to assess their impact carriers; 49 U.S.C. 5125(a) and (c)–(f), DATES: The amendment to on small entities unless the agency relating to preemption determinations § 300.63(a)(3)(ii) is effective March 1, determines that a rule is not expected to or waivers of preemption of hazardous 2003. The final rule for the annual have a significant impact on a materials highway routing requirements; management measures for Pacific substantial number of small entities. I 49 U.S.C. 5105(e) relating to inspections halibut fisheries and approval of catch hereby certify this final rule, which of motor vehicles carrying hazardous sharing plan is effective March 1, 2003.

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ADDRESSES: Copies of the CSP and the 4. Opening dates for the Area 2A the trajectory of the halibut stock environmental assessment/regulatory commercial directed halibut fishery; biomass is downward, the biomass is impact review (EA/RIR) are available at 5. Revising the term ‘‘vessel’’ to still above the long-term average level NMFS Northwest Region, 7600 Sand ‘‘harvesting vessel’’ for purposes of and is expected to remain above this Point Way NE., Seattle, WA 98115–0070 allowing fillets from legally landed and level for the next several years. The CSP is also available on the retained fish to be possessed only This action also implements the CSP Northwest Region home page at http:// aboard a vessel, in port, up to 1800 for regulatory Area 2A. This plan was www.nwr.noaa.gov. hours local time on the calendar day developed by the PFMC under authority FOR FURTHER INFORMATION CONTACT: Jay following the offload; of the Halibut Act. Section 5 of the Ginter, 907–586–7228 or Jamie Goen, 6. Using the term ‘‘landed’’ halibut Halibut Act (16 U.S.C. 773c) provides 206–526–6140. rather than ‘‘delivered’’ halibut for the Secretary of Commerce (Secretary) purposes of meeting the requirement of with general responsibility to carry out SUPPLEMENTARY INFORMATION: retaining records by vessel operators; the Convention and to adopt such Electronic Access 7. Updating coordinates for the Cape regulations as may be necessary to Spencer light used for the Area 2C–3A implement the purposes and objectives This final rule also is accessible via boundary (58°11′54″ N, 136°38′24″ W) of the Convention and the Halibut Act. the Internet at the Office of the Federal to agree with the U.S. Coast Guard light The Secretary’s authority has been Register’s Web site at http:// list; delegated to the AA. Section 5 of the www.access.gpo.gov/su--docs/aces/ 8. Allowing Area 4D Community Halibut Act (16 U.S.C. 773c(c)) also aces140.htm. Development Quota (CDQ) harvest to be authorizes the Regional Fishery Background taken in Area 4E; Management Council having authority 9. Adoption of the revised Area 2A for the geographic area concerned to The IPHC has promulgated CSP; develop regulations governing the regulations governing the Pacific halibut 10. New depth-based closed areas for Pacific halibut catch in United States fishery in 2003 under the Convention the Area 2A commercial directed Convention waters that are in addition between the United States and Canada halibut fishery, and; to, but not in conflict with, regulations for the Preservation of the Halibut 11. Season dates for the Area 2A tribal of the IPHC. Pursuant to this authority, Fishery of the North Pacific Ocean and fishery. NMFS requested that the PFMC allocate Bering Sea (Convention), signed at The IPHC recommended to the halibut catches should such allocation Ottawa, Ontario, on March 2, 1953, as governments of Canada and the United be necessary. amended by a Protocol Amending the States catch limits for 2003 totaling Convention (signed at Washington, DC, 74,920,000 lb, identical to the regulatory Catch Sharing Plan for Area 2A on March 29, 1979). The IPHC area catch limits in 2002. The IPHC staff The PFMC’s Area 2A CSP allocates regulations have been approved by the reported on the assessment of the the halibut catch limit for Area 2A Secretary of State of the United States Pacific halibut stock in 2002. Some among treaty Indian, non-treaty under section 4 of the Northern Pacific significant changes occurred in the commercial, and non-treaty sport Halibut Act (Halibut Act, 16 U.S.C. 773– assessment as a result of changes in the fisheries in and off Washington, Oregon, 773k). Pursuant to regulations at 50 CFR underlying data being analyzed and the and California. Under the CSP, 35 300.62, the approved IPHC regulations persistence of smaller sizes at the same percent of the Area 2A total allowable setting forth the 2003 IPHC annual age in the central part of the halibut catch (TAC) is allocated to Washington management measures are published in range. These changes created some treaty Indian tribes in Subarea 2A–1, the Federal Register to provide notice of uncertainty about differences in the and 65 percent is allocated to non-treaty their effectiveness, and to inform biomass of the stock estimated from the fisheries in Area 2A. Treaty fisheries are persons subject to the regulations of the current and the previous assessment. divided into commercial fisheries, and restrictions and requirements. These Analyses were conducted for the 2002 ceremonial and subsistence fisheries. management measures are effective assessment to ensure that the stock is The allocation to non-treaty fisheries is until superceded by the 2004 not in any danger of being divided into three shares, with the management measures that NMFS will overharvested. However, the staff needs Washington sport fishery (north of the publish in the Federal Register. to resolve these technical issues of the Columbia River) receiving 36.6 percent, The IPHC held its annual meeting in assessment over the next year. In the Oregon/California sport fishery Victoria, British Columbia, on January addition, IPHC staff is investigating a receiving 31.7 percent, and the 21–24, 2003, and adopted regulations new harvest policy that may result in commercial fishery receiving 31.7 for 2003. The substantive changes to the greater stability in the yield from the percent. The non-treaty commercial previous IPHC regulations (67 FR 12885, fishery and insulate the process of allocation is further divided between a March 20, 2002) include: setting catch limits from technological directed halibut longline fishery (85 1. New commercial fishery opening changes in the assessment. This harvest percent) and an incidental catch date of March 1; policy will also need to be reviewed by allowance in the salmon troll fishery (15 2. New commercial fishery closing the IPHC. The resolution of the percent). The directed commercial date of November 15; technical issues of the assessment may fishery in Area 2A is confined to 3. Exemption from clearance indicate a larger estimate of biomass in southern Washington (south of requirements in Area 4 for those vessel the central region of the stock 46°53′18″ N. lat.), Oregon and operators using a NMFS-approved distribution, but application of the California. North of Point Chehalis, WA vessel monitoring system and proposed harvest policy might dictate (46°53′18″ N. lat.), halibut may be complying with the requirements of 50 slightly lower yields. Because these two retained by longline vessels CFR 679.28(f)(3), (f)(4), and (f)(5); processes may be somewhat participating in the limited entry, receiving a confirmation number from counterbalancing, the staff wishes to primary sablefish fishery. Incidental NOAA Enforcement prior to fishing; and complete its investigations before halibut retention in the primary transmitting until all halibut caught are recommending any changes to present sablefish fishery is only allowable when landed; catch limits or the harvest policy. While the overall Area 2A TAC is above

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900,000 lb (408.2 mt), which it is in same as in 2002. The WDFW and ODFW all-depth season of August 1, 2, 8, and 2003. [NOTE: New for 2003, regulations sent letters to NMFS providing the 9. If the spring season does not take the for the Pacific Coast groundfish fishery following recommendations on the entire spring sub-quota for these require participants in the primary opening dates and season structure for subareas, ODFW recommended these sablefish fishery in which halibut may managing the sport fisheries consistent additional potential opening dates: June be retained to follow depth-based with the CSP. 19, 20, 21, 26, 27, and 28. If the summer management restrictions (i.e., closed WDFW recommended a May 8 to July season does not take the entire summer areas) as described in a proposed rule 18 season for eastern Puget Sound and sub-quota for these subareas, ODFW published in the Federal Register on a May 22 to August 1 season for western recommended these additional potential January 7, 2003 (68 FR 936). The final Puget Sound, 5 days per week (closed opening dates: August 22 and 23, rule for the Pacific Coast groundfish Tuesday and Wednesday). The September 5, 6, 19, and 20, October 17 fishery, including depth-based recommended number of fishing days is and 18. These recommendations meet management measures, will publish in based on an analysis of past harvest the requirements of the CSP for these the Federal Register. The CSP also patterns in this fishery and meets the subareas. divides the sport fisheries into seven requirements of the CSP for the overall For the southernmost subarea, south geographic areas each with separate Puget Sound sport fishery subarea. For of Humbug Mountain, Oregon, ODFW allocations, seasons, and bag limits. the Washington North Coast subarea, recommended opening this subarea on For 2003, PFMC recommended WDFW has recommended a season May 1 and continuing the season until changes to the CSP to modify the Pacific opening May 1 and continuing until the September 30, 7 days per week. This halibut fisheries in Area 2A in 2003 and May sub-quota is taken, 5 days per week recommended season meets the beyond pursuant to recommendations (closed Sunday and Monday), and a requirements of the CSP. from the Washington Department of second season opening June 18 and NMFS is implementing sport fishing Fish and Wildlife (WDFW) and the continuing until the remaining quota is management measures in Area 2A based Oregon Department of Fish and Wildlife projected to be taken, 5 days per week on recommendations from the states in (ODFW). These changes to the CSP will (closed Sunday and Monday). WDFW accordance with the CSP. implement closed areas for the also recommended changing the North Washington North Coast sport fishery Coast subarea’s closed area to a ‘‘C- Technical Correction to Halibut subarea and the nontreaty commercial shaped’’ area, known as the Yelloweye Regulations halibut fishery to protect yelloweye Rockfish Conservation Area, in With this rule, NMFS will revise the rockfish, allocate subarea halibut quota accordance with (f)(1)(ii) of the CSP (see Federal halibut regulations at 50 CFR between the May and June sport seasons ADDRESSES). This change in the size and 300.63, which authorize vessels with in Washington’s North Coast subarea, shape of the closed area is intended to IPHC licenses that are operating in the cap the incidental halibut retention protect yelloweye rockfish, an primary sablefish longline fishery north allocation for the primary sablefish overfished groundfish species that of Pt. Chehalis to land halibut taken fishery at 70,000 lb (31.8 kg) when coexists with Pacific halibut. The ‘‘C- incidentally in that fishery. The halibut is available to that fishery, move shaped’’ area has been determined to be technical correction will alter the the season ending date for Oregon sport an area with high interception of regulations to more clearly state that no fisheries in the North Central and South yelloweye rockfish in recreational halibut taken in this fishery may be Central areas from September 30 to fisheries. This area will be closed to landed south of Pt. Chehalis. This is a October 31, provide more flexibility for recreational groundfish and halibut minor clarification and has no inseason sport fishery management, and fishing. For the Washington South Coast substantive effect on the environment or revise the names of Oregon sport subarea, WDFW has recommended a the regulated community because it seasons. season opening May 1 and continuing only clarifies where halibut taken A complete description of the PFMC until the quota is taken, 5 days per week incidentally in the primary sablefish recommended changes to the CSP, (closed Friday and Saturday) in the longline fishery may be landed. notice of a draft Environmental offshore area and 7 days per week in the Assessment and Regulatory Impact nearshore area. WDFW Annual Halibut Management Measures Review (EA/RIR), and proposed sport recommendations for the Puget Sound, The annual management measures fishery management measures were North Coast and South Coast that follow for the 2003 Pacific halibut published in the Federal Register on Washington subareas meet the fishery are identical to those February 6, 2003 (68 FR 6103) with a requirements of the CSP. recommended by the IPHC and request for public comments by Both WDFW and ODFW have approved by the Secretary of State. February 18, 2003. No public comments recommended opening the Columbia were received. Therefore, NMFS has River subarea on May 1 and continuing 2003 Pacific Halibut Fishery finalized the EA/RIR, made a finding of the season until the quota has been Regulations no significant impact, and approved the reached, 7 days per week. This Regulations respecting the changes to the CSP as proposed. Copies recommended season meets the Convention Between Canada and the of the complete CSP for Area 2A as requirements of the CSP. United States of America for the modified and the final EA/RIR are ODFW recommended starting the Preservation of the Halibut Fishery of available from the NMFS Northwest nearshore fishery in the Oregon Central the Northern Pacific Ocean and Bering Regional Office (see ADDRESSES). Coast and South Coast subareas, on May Sea. The ODFW held public workshops 1 and continuing the season until the (after the IPHC set the Area 2A quota) sub-quota for that fishery is taken, 7 1. Short Title in early February 2003, to develop days per week. For the all-depth These regulations may be cited as the recommendations on the opening dates fisheries in those subareas, ODFW Pacific Halibut Fishery Regulations. of the sport fisheries. WDFW did not recommended a 6 day spring season of hold public meetings after the IPHC May 8, 9, 10, 15, 16, and 17, based on 2. Application annual meeting in 2003 because the an analysis of past harvest rates. ODFW (1) These Regulations apply to catch limit and season structure are the further recommended a 4-day summer persons and vessels fishing for halibut

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in, or possessing halibut taken from the be retained and landed by a vessel board a vessel, used either for maritime area as defined in Section 3. during one fishing period; commercial fishing or as a charter vessel (2) Sections 3 to 6 apply generally to (i) Land or offload with respect to in Area 2A, unless the Commission has all halibut fishing. halibut, means the removal of halibut issued a license valid for fishing in Area (3) Sections 7 to 21 apply to from the catching vessel; 2A in respect of that vessel. commercial fishing for halibut. (j) License means a halibut fishing (2) A license issued for a vessel (4) Section 22 applies to the United license issued by the Commission operating in Area 2A shall be valid only States treaty Indian fishery in subarea pursuant to section 4; for operating either as a charter vessel 2A–1. (k) Maritime area, in respect of the or a commercial vessel, but not both. (5) Section 23 applies to customary fisheries jurisdiction of a Contracting (3) A vessel with a valid Area 2A and traditional fishing in Alaska. Party, includes without distinction areas commercial license cannot be used to (6) Section 24 applies to sport fishing within and seaward of the territorial sea sport fish for Pacific halibut in Area 2A. for halibut. and internal waters of that Party; (4) A license issued for a vessel (7) These Regulations do not apply to (l) Operator, with respect to any fishing operations authorized or operating in the commercial fishery in vessel, means the owner and/or the Area 2A shall be valid for one of the conducted by the Commission for master or other individual on board and research purposes. following, but not both. in charge of that vessel; (a) The directed commercial fishery 3. Interpretation (m) Overall length of a vessel means during the fishing periods specified in the horizontal distance, rounded to the (1) In these Regulations, paragraph (2) of section 8 and the nearest foot, between the foremost part (a) Authorized officer means any incidental commercial fishery during State, Federal, or Provincial officer of the stem and the aftermost part of the the sablefish fishery specified in authorized to enforce these regulations stern (excluding bowsprits, rudders, paragraph (3) of section 8; or including, but not limited to, the outboard motor brackets, and similar (b) The incidental catch fishery National Marine Fisheries Service fittings or attachments); during the salmon troll fishery specified (n) Person includes an individual, (NMFS), Canada’s Department of in paragraph (4) of section 8. corporation, firm, or association; Fisheries and Oceans (DFO), Alaska (o) Regulatory area means an area (5) A license issued in respect of a Division of Fish and Wildlife Protection referred to in section 6; vessel referred to in paragraph (1) of this (ADFWP), United States Coast Guard (p) Setline gear means one or more section must be carried on board that (USCG), Washington Department of Fish stationary, buoyed, and anchored lines vessel at all times and the vessel and Wildlife (WDFW), and the Oregon with hooks attached; operator shall permit its inspection by State Police (OSP); (q) Sport fishing means all fishing any authorized officer. (b) Authorized clearance personnel other than commercial fishing, treaty (6) The Commission shall issue a means an authorized officer of the Indian ceremonial and subsistence license in respect of a vessel, without United States, a representative of the fishing as referred to in section 22, and fee, from its office in Seattle, Commission, or a designated fish customary and traditional fishing as Washington, upon receipt of a processor; referred to in section 23 and defined in completed, written, and signed (c) Charter vessel means a vessel used ‘‘Application for Vessel License for the for hire in sport fishing for halibut, but and regulated pursuant to National Marine Fisheries Service regulations Halibut Fishery’’ form. not including a vessel without a hired (7) A vessel operating in the directed operator; published in 50 Code of Federal Regulations Part 300; commercial fishery or the incidental (d) Commercial fishing means fishing, commercial fishery during the sablefish other than treaty Indian ceremonial and (r) Tender means any vessel that buys or obtains fish directly from a catching fishery in Area 2A must have its subsistence fishing as referred to in ‘‘Application for Vessel License for the section 22, and customary and vessel and transports it to a port of Halibut Fishery’’ form postmarked no traditional fishing as referred to in landing or fish processor; later than 11:59 p.m. on April 30, or on section 23 and defined by and regulated (s) VMS transmitter means a NMFS- the first weekday in May if April 30 is pursuant to National Marine Fisheries approved vessel monitoring system a Saturday or Sunday. Service regulations published at 50 CFR transmitter that automatically (8) A vessel operating in the Code of Federal Regulations Part 300, determines a vessel’s position and incidental commercial fishery during the resulting catch of which is sold or transmits it to a NMFS-approved 1 the salmon troll season in Area 2A must bartered; or is intended to be sold or communications service provider. have its ‘‘Application for Vessel License bartered; (2) In these Regulations, all bearings (e) Commission means the are true and all positions are determined for the Halibut Fishery’’ form International Pacific Halibut by the most recent charts issued by the postmarked no later than 11:59 p.m. on Commission; United States National Ocean Service or March 31, or the first weekday in April (f) Daily bag limit means the the Canadian Hydrographic Service. if March 31 is a Saturday or Sunday. maximum number of halibut a person (3) In these Regulations, all weights (9) Application forms may be may take in any calendar day from shall be computed on the basis that the obtained from any authorized officer or Convention waters; heads of the fish are off and their from the Commission. (g) Fishing means the taking, entrails removed. (10) Information on ‘‘Application for Vessel License for the Halibut Fishery’’ harvesting, or catching of fish, or any 4. Licensing Vessels for Area 2A activity that can reasonably be expected form must be accurate. to result in the taking, harvesting, or (1) No person shall fish for halibut (11) The ‘‘Application for Vessel catching of fish, including specifically from a vessel, nor possess halibut on License for the Halibut Fishery’’ form the deployment of any amount or shall be completed and signed by the component part of setline gear 1 Call NOAA Enforcement Division, Alaska vessel owner. Region, at 907–586–7225 between the hours of 0800 anywhere in the maritime area; and 1600 local time for a list of NMFS-approved (12) Licenses issued under this (h) Fishing period limit means the VMS transmitters and communications service section shall be valid only during the maximum amount of halibut that may providers. year in which they are issued.

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(13) A new license is required for a (a) Will not result in exceeding the (c) Fishing period limits; vessel that is sold, transferred, renamed, catch limit established preseason for (d) Gear restrictions; or redocumented. each regulatory area; (e) Recreational bag limits; (14) The license required under this (b) Is consistent with the Convention (f) Size limits; or between the United States of America section is in addition to any license, (g) Vessel clearances. however designated, that is required and Canada for the Preservation of the Halibut Fishery of the Northern Pacific (3) In-season changes will be effective under the laws of the United States or at the time and date specified by the any of its States. Ocean and Bering Sea, and applicable domestic law of either Canada or the Commission. (15) The United States may suspend, United States; and (4) The Commission will announce revoke, or modify any license issued (c) Is consistent, to the maximum in-season actions under this section by under this section under policies and extent practicable, with any domestic providing notice to major halibut procedures in Title 15, Code of Federal catch sharing plans or other domestic processors; Federal, State, United States Regulations, Part 904. allocation programs developed by the treaty Indian, Provincial fishery 5. In-Season Actions United States or Canadian governments. officials, and the media. (2) In-season actions may include, but 6. Regulatory Areas (1) The Commission is authorized to are not limited to, establishment or establish or modify regulations during modification of the following: The following areas shall be the season after determining that such (a) Closed areas; regulatory areas (see Figure 1) for the action: (b) Fishing periods; purposes of the Convention:

(1) Area 2A includes all waters off the 150° true from Cape Lutke (54°29′00″ N. north and west of Area 4C, and west of states of California, Oregon, and lat., 164°20′00″ W. long.) and south of 168°00′00″ W. long.; ° ′ ″ Washington; 54 49 00 N. lat. in Isanotski Strait; (10) Area 4E includes all waters in the (2) Area 2B includes all waters off (6) Area 4A includes all waters in the Bering Sea north and east of the closed British Columbia; Gulf of Alaska west of Area 3B and in area defined in section 10, east of (3) Area 2C includes all waters off the Bering Sea west of the closed area 168°00′00″ W. long., and south of Alaska that are east of a line running defined in section 10 that are east of 65°34′00″ N. lat. 340° true from Cape Spencer Light 172°00′00″ W. long. and south of (58°11′54″ N. lat., 136°38′24″ W. long.) 56°20′00″ N. lat.; 7. Fishing in Regulatory Area 4E and 4D and south and east of a line running (7) Area 4B includes all waters in the 205° true from said light; (1) Section 7 applies only to any Bering Sea and the Gulf of Alaska west person fishing, or vessel that is used to (4) Area 3A includes all waters of Area 4A and south of 56°20′00″ N. fish for, Area 4E Community between Area 2C and a line extending lat.; from the most northerly point on Cape Development Quota (CDQ) or Area 4D Aklek (57°41′15″ N. lat., 155°35′0″ W. (8) Area 4C includes all waters in the CDQ halibut provided that the total long.) to Cape Ikolik (57°17′17″ N. lat., Bering Sea north of Area 4A and north annual halibut catch of that person or 154°47′18″ W. long.), then along the of the closed area defined in section 10 vessel is landed at a port within Area 4E ° ′ ″ Kodiak Island coastline to Cape Trinity which are east of 171 00 00 W. long., or 4D. ° ′ ″ (56°44′50″ N. lat., 154°08′44″ W. long.), south of 58 00 00 N. lat., and west of (2) A person may retain halibut taken ° ′ ″ then 140° true; 168 00 00 W. long.; with setline gear in Area 4E CDQ and (5) Area 3B includes all waters (9) Area 4D includes all waters in the 4D CDQ fishery that are smaller than the between Area 3A and a line extending Bering Sea north of Areas 4A and 4B, size limit specified in section 13,

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provided that no person may sell or (3) Subject to paragraphs (7), (8), (9), Catch limit barter such halibut. and (10) of section 19, these Regulations Regulatory area (3) The manager of a CDQ do not prohibit fishing for any species Pounds Metric tons organization that authorizes persons to of fish other than halibut during the harvest halibut in the Area 4E or 4D 2A: Directed com- closed periods. mercial, and inci- CDQ fisheries must report to the (4) Notwithstanding paragraph (3), no dental commer- Commission the total number and person shall have halibut in his/her cial during salm- weight of undersized halibut taken and possession while fishing for any other on troll fishery ... 262,000 118.8 retained by such persons pursuant to 2A: Incidental com- species of fish during the closed section 7, paragraph (2). This report, mercial during which shall include data and periods. sablefish fishery 70,000 31.7 methodology used to collect the data, (5) No vessel shall retrieve any halibut 2B ...... 11,750,0 5,328.8 must be received by the Commission fishing gear during a closed period if the 2C ...... 8,500,00 3,854.9 vessel has any halibut on board. 3A ...... 22,630,0 10,263.0 prior to December 1 of the year in which 3B ...... 17,130,0 7,768.7 such halibut were harvested. (6) A vessel that has no halibut on 4A ...... 4,970,00 2,254.0 8. Fishing Periods board may retrieve any halibut fishing 4B ...... 4,180,00 1,895.7 gear during the closed period after the 4C ...... 2,030,00 920.6 (1) The fishing periods for each operator notifies an authorized officer or 4D ...... 2,030,00 920.6 regulatory area apply where the catch 4E ...... 390,000 176.9 representative of the Commission prior limits specified in section 11 have not to that retrieval. been taken. (2) Notwithstanding paragraph (1), (2) Each fishing period in the Area 2A (7) After retrieval of halibut gear in regulations pertaining to the division of directed fishery 2 shall begin at 0800 accordance with paragraph (6), the the Area 2A catch limit between the hours and terminate at 1800 hours local vessel shall submit to a hold inspection directed commercial fishery and the time on June 25, July 9, July 23, August at the discretion of the authorized incidental catch fishery as described in 6, August 20, September 3, and officer or representative of the paragraph (4) of section 8 will be September 17 unless the Commission Commission. promulgated by the National Marine specifies otherwise. (8) No person shall retain any halibut Fisheries Service and published in the (3) Notwithstanding paragraph (7) of caught on gear retrieved referred to in Federal Register. 3 section 11, an incidental catch fishery paragraph (6). (3) The Commission shall determine is authorized during the sablefish and announce to the public the date on seasons in Area 2A in accordance with (9) No person shall possess halibut which the catch limit for Area 2A will regulations promulgated by NMFS. aboard a vessel in a regulatory area be taken. (4) Notwithstanding paragraph (2), during a closed period unless that vessel (4) Notwithstanding paragraph (1), and paragraph (7) of section 11, an is in continuous transit to or within a Area 2B will close only when all incidental catch fishery is authorized port in which that halibut may be Individual Vessel Quotas assigned by during salmon troll seasons in Area 2A lawfully sold. Canada’s Department of Fisheries and in accordance with regulations 10. Closed Area Oceans are taken, or November 15, promulgated by NMFS. whichever is earlier. (5) The fishing period in Areas 2B, 2C, All waters in the Bering Sea north of (5) Notwithstanding paragraph (1), 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall 55°00′00″ N. lat. in Isanotski Strait that Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and begin at 1200 hours local time on March are enclosed by a line from Cape 4E will each close only when all 1 and terminate at 1200 hours local time Sarichef Light (54°36′0″ N. lat., Individual Fishing Quotas and all on November 15, unless the 164°55′42″ W. long.) to a point at Community Development Quotas issued Commission specifies otherwise. 56°20′00″ N. lat., 168°30′00″ W. long.; by the National Marine Fisheries (6) All commercial fishing for halibut thence to a point at 58°21′25″ N. Service have been taken, or November in Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, latitude, 163°00′00″ W. long.; thence to 15, whichever is earlier: 4D, and 4E shall cease at 1200 hours Strogonof Point (56°53′18″ N. lat., (6) If the Commission determines that local time on November 15. 158°50′37″ W. long.); and then along the the catch limit specified for Area 2A in paragraph (1) would be exceeded in an 9. Closed Periods northern coasts of the Alaska Peninsula and Unimak Island to the point of origin unrestricted 10-hour fishing period as (1) No person shall engage in fishing at Cape Sarichef Light are closed to specified in paragraph (2) of section 8, for halibut in any regulatory area other the catch limit for that area shall be halibut fishing and no person shall fish than during the fishing periods set out considered to have been taken unless for halibut therein or have halibut in in section 8 in respect of that area. fishing period limits are implemented. (2) No person shall land or otherwise his/her possession while in those waters (7) When under paragraphs (2), (3), retain halibut caught outside a fishing except in the course of a continuous and (6) the Commission has announced period applicable to the regulatory area transit across those waters. All waters in ° ′ ″ a date on which the catch limit for Area where the halibut was taken. Isanotski Strait between 55 00 00 N. ° ′ ″ 2A will be taken, no person shall fish lat. and 54 49 00 N. lat. are closed to for halibut in that area after that date for 2 The directed fishery is restricted to waters that halibut fishing. the rest of the year, unless the ° ′ ″ are south of Point Chehalis, Washington (46 53 18 Commission has announced the N. lat.) under regulations promulgated by the 11. Catch Limits National Marine Fisheries Service and published in reopening of that area for halibut the Federal Register. (1) The total allowable catch of fishing. 3 The incidental fishery during the directed, fixed halibut to be taken during the halibut (8) Notwithstanding paragraph (1), the gear sablefish season is restricted to waters that are fishing periods specified in section 8 total allowable catch of halibut that may ° ′ ″ north of Point Chehalis, Washington (46 53 18 N. shall be limited to the weight expressed be taken in the Area 4E directed lat. under regulations promulgated by the National Marine Fisheries Service and published in the in pounds or metric tons shown in the commercial fishery is equal to the Federal Register. following table: combined annual catch limits specified

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for the Area 4D and Area 4E Community on board said vessel and ensure that all Vessel Development Quotas. The annual Area halibut are weighed and reported on Overall length (in feet) class 4D CDQ catch limit will decrease by the State fish tickets. equivalent amount of halibut CDQ taken (4) The provisions of paragraph (3) are 51–55 ...... G in Area 4E in excess of the annual Area not intended to prevent retail over-the- 56+ ...... H 4E CDQ catch limit. side sales to individual purchasers so long as all the halibut on board is (7) Fishing period limits in Area 2A 12. Fishing Period Limits ultimately offloaded and reported. apply only to the directed halibut (1) It shall be unlawful for any vessel (5) When fishing period limits are in fishery referred to in paragraph (2) of to retain more halibut than authorized effect, a vessel’s maximum retainable section 8. by that vessel’s license in any fishing catch will be determined by the 13. Size Limits period for which the Commission has Commission based on: announced a fishing period limit. (a) The vessel’s overall length in feet (1) No person shall take or possess (2) The operator of any vessel that and associated length class; any halibut that fishes for halibut during a fishing period (b) The average performance of all (a) With the head on, is less than 32 when fishing period limits are in effect vessels within that class; and must, upon commencing an offload of (c) The remaining catch limit. inches (81.3 cm) as measured in a halibut to a commercial fish processor, (6) Length classes are shown in the straight line, passing over the pectoral completely offload all halibut on board following table: fin from the tip of the lower jaw with said vessel to that processor and ensure the mouth closed, to the extreme end of the middle of the tail, as illustrated in that all halibut is weighed and reported Overall length (in feet) Vessel on State fish tickets. class Figure 2; or (b) With the head removed, is less (3) The operator of any vessel that 1–25 ...... A fishes for halibut during a fishing period 26–30 ...... B than 24 inches (61.0 cm) as measured when fishing period limits are in effect 31–35 ...... C from the base of the pectoral fin at its must, upon commencing an offload of 36–40 ...... D most anterior point to the extreme end halibut other than to a commercial fish 41–45 ...... E of the middle of the tail, as illustrated processor, completely offload all halibut 46–50 ...... F in Figure 2.

(2) No person shall possess on board section 17 may be possessed on board returned to the sea with a minimum of a vessel a halibut filleted or a halibut the harvesting vessel in the port of injury by: that has been mutilated, or otherwise landing up to 1800 hours local time on (a) Hook straightening; disfigured in any manner that prevents the calendar day following the offload.4 (b) Cutting the gangion near the hook; the determination of whether the (3) No person on board a vessel or halibut complies with the size limits fishing for, or tendering, halibut caught (c) Carefully removing the hook by specified in this section, except that this in Area 2A shall possess any halibut twisting it from the halibut with a gaff. paragraph shall not prohibit the that has had its head removed. 15. Vessel Clearance in Area 4 possession on board a vessel: (a) Of halibut cheeks cut from halibut 14. Careful Release of Halibut (1) The operator of any vessel that caught by persons authorized to process (1) All halibut that are caught and are fishes for halibut in Areas 4A, 4B, 4C, the halibut on board in accordance with not retained shall be immediately or 4D must obtain a vessel clearance NMFS regulations published at Title 50, released outboard of the roller and before fishing in any of these areas, and Code of Federal Regulations, Part 679; before the landing of any halibut caught and 4 DFO has more restrictive regulations therefore in any of these areas, unless specifically (b) Of fillets from halibut that have section 13(2)b does not apply to fish caught in Area exempted in paragraphs (10), (13), (14), been offloaded in accordance with 2B or landed in British Columbia. (15), (16), or (17).

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(2) An operator obtaining a vessel obtained by VHF radio and allowing the (17) Any vessel that carries a clearance required by paragraph (1) person contacted to confirm visually the transmitting VMS transmitter while must obtain the clearance in person identity of the vessel. fishing for halibut in Area 4A, 4B, 4C, from the authorized clearance personnel (10) Any vessel operator who or 4D and until all halibut caught in any and sign the IPHC form documenting complies with the requirements in of these areas is landed is exempt from that a clearance was obtained, except section 18 for possessing halibut on the clearance requirements of paragraph that when the clearance is obtained via board a vessel that was caught in more (1) of this section, provided that: VHF radio referred to in paragraphs 5, than one regulatory area in Area 4 is (a) The operator of the vessel 8, and 9, the authorized clearance exempt from the clearance requirements complies with NMFS’ vessel monitoring personnel must sign the IPHC form of paragraph (1) of this section, system regulations published at 50 CFR documenting that the clearance was provided that: sections 679.28(f)(3), (4) and (5); and obtained. (a) The operator of the vessel obtains (b) The operator of the vessel notifies (3) The vessel clearance required a vessel clearance prior to fishing in NOAA Fisheries Office for Law under paragraph (1) prior to fishing in Area 4 in either Dutch Harbor, Akutan, Enforcement at 800–304–4846 (select Area 4A may be obtained only at Nazan St. Paul, St. George, Adak, or Nazan Bay option 1 to speak to an Enforcement Bay on Atka Island, Dutch Harbor or on Atka Island by contacting an Data Clerk) between the hours of 0600 Akutan, Alaska, from an authorized authorized officer of the United States, and 0000 (midnight) local time within officer of the United States, a a representative of the Commission, or 72 hours before fishing for halibut in representative of the Commission, or a a designated fish processor. The Area 4A, 4B, 4C, or 4D and receives a designated fish processor. clearance obtained in St. Paul, St. VMS confirmation number. (4) The vessel clearance required George, Adak, or Nazan Bay on Atka under paragraph (1) prior to fishing in Island can be obtained by VHF radio 16. Logs Area 4B may only be obtained at Nazan and allowing the person contacted to (1) The operator of any U.S. vessel Bay on Atka Island or Adak, Alaska, confirm visually the identity of the fishing for halibut that has an overall from an authorized officer of the United vessel. This clearance will list the Areas length of 26 feet (7.9 meters) or greater States, a representative of the in which the vessel will fish; and shall maintain an accurate log of halibut Commission, or a designated fish (b) Before unloading any halibut from fishing operations in the Groundfish/ processor. Area 4, the vessel operator obtains a Individual Fishing Quota (IFQ) Daily (5) The vessel clearance required vessel clearance from Dutch Harbor, Fishing Longline and Pot Gear Logbook under paragraph (1) prior to fishing in Akutan, St. Paul, St. George, Adak, or provided by NMFS, or Alaska hook-and- Area 4C or 4D may be obtained only at Nazan Bay on Atka Island by contacting line logbook provided by Petersburg St. Paul or St. George, Alaska, from an an authorized officer of the United Vessel Owners Association or Alaska authorized officer of the United States, States, a representative of the Longline Fisherman’s Association, or a representative of the Commission, or Commission, or a designated fish the Alaska Department of Fish and a designated fish processor by VHF processor. The clearance obtained in St. Game (ADF&G) longline-pot logbook, or radio and allowing the person contacted Paul or St. George can be obtained by the logbook provided by IPHC. to confirm visually the identity of the VHF radio and allowing the person (2) The logbook referred to in vessel. contacted to confirm visually the paragraph (1) must include the (6) The vessel operator shall specify identity of the vessel. The clearance following information: the specific regulatory area in which obtained in Adak or Nazan Bay on Atka (a) The name of the vessel and the fishing will take place. Island can be obtained by VHF radio. state vessel number (ADF&G or (7) Before unloading any halibut (11) Vessel clearances shall be Washington Department of Fish and caught in Area 4A, a vessel operator obtained between 0600 and 1800 hours, Wildlife or Oregon Department of Fish may obtain the clearance required under local time. and Wildlife or California Department of paragraph (1) only in Dutch Harbor or (12) No halibut shall be on board the Fish and Game vessel number); Akutan, Alaska, by contacting an vessel at the time of the clearances (b) The date(s) upon which the fishing authorized officer of the United States, required prior to fishing in Area 4. gear is set or retrieved; a representative of the Commission, or (13) Any vessel that is used to fish for (c) The latitude and longitude or loran a designated fish processor. halibut only in Area 4A and lands its coordinates or a direction and distance (8) Before unloading any halibut total annual halibut catch at a port from a point of land for each set or day; caught in Area 4B, a vessel operator may within Area 4A is exempt from the (d) The number of skates deployed or obtain the clearance required under clearance requirements of paragraph (1). retrieved, and number of skates lost; and paragraph (1) only in Nazan Bay on (14) Any vessel that is used to fish for (e) The total weight or number of Atka Island or Adak, by contacting an halibut only in Area 4B and lands its halibut retained for each set or day. authorized officer of the United States, total annual halibut catch at a port (3) The logbook referred to in a representative of the Commission, or within Area 4B is exempt from the paragraph (1) shall be a designated fish processor by VHF clearance requirements of paragraph (1). (a) Maintained on board the vessel; radio or in person. (15) Any vessel that is used to fish for (b) Updated not later than 24 hours (9) Before unloading any halibut halibut only in Area 4C and lands its after midnight local time for each day caught in Area 4C or 4D, a vessel total annual halibut catch at a port fished and prior to the offloading or sale operator may obtain the clearance within Area 4C is exempt from the of halibut taken during that fishing trip; required under paragraph (1) only in St. clearance requirements of paragraph (1). (c) Retained for a period of two years Paul, St. George, Dutch Harbor, or (16) Any vessel that is used to fish for by the owner or operator of the vessel; Akutan, Alaska, either in person or by halibut only in Areas 4D or 4E and (d) Open to inspection by an contacting an authorized officer of the lands its total annual halibut catch at a authorized officer or any authorized United States, a representative of the port within Areas 4D, 4E, or the closed representative of the Commission upon Commission, or a designated fish area defined in section 10, is exempt demand; and processor. The clearances obtained in from the clearance requirements of (e) Kept on board the vessel when St. Paul or St. George, Alaska, can be paragraph (1). engaged in halibut fishing, during

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transits to port of landing, and until the entrails have been removed prior to (7) No person shall make a false entry offlanding of all halibut is completed. offloading.5 on a State or Provincial fish ticket or a (4) The log referred to in paragraph (1) (3) It shall be the responsibility of a Federal catch or landing report referred does not apply to the incidental halibut vessel operator who lands halibut to to in paragraphs (4), (5), and (6) of fishery during the salmon troll season in continuously and completely offload at section 17. Area 2A defined in paragraph (4) of a single offload site all halibut on board (8) A copy of the fish tickets or catch section 8. the vessel. reports referred to in paragraphs (4), (5), (5) The operator of any Canadian (4) A registered buyer (as that term is and (6) shall be: vessel fishing for halibut shall maintain defined in regulations promulgated by (a) Retained by the person making an accurate log recorded in the British the National Marine Fisheries Service them for a period of three years from the Columbia Halibut Fishery logbook and codified at Title 50, Code of Federal date the fish tickets or catch reports are provided by DFO. Regulations, Part 679) who receives made; and (6) The logbook referred to in halibut harvested in Individual Fishing (b) Open to inspection by an paragraph (5) must include the Quota (IFQ) and Community authorized officer or any authorized following information: Development Quota (CDQ) fisheries in representative of the Commission. (a) The name of the vessel and the Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and (9) No person shall possess any Department of Fisheries and Ocean’s 4E, directly from the vessel operator that halibut taken or retained in vessel number; harvested such halibut must weigh all contravention of these Regulations. (10) When halibut are landed to other (b) The date(s) upon which the fishing the halibut received and record the than a commercial fish processor the gear is set or retrieved; following information on Federal catch records required by paragraph (5) shall (c) The latitude and longitude or loran reports: date of offload; name of vessel; be maintained by the operator of the coordinates or a direction and distance vessel number; scale weight obtained at vessel from which that halibut was from a point of land for each set or day; the time of offloading, including the caught, in compliance with paragraph (d) The number of skates deployed or weight (in pounds) of halibut purchased by the registered buyer, the weight (in (8). retrieved, and number of skates lost; and (11) It shall be unlawful to enter a (e) The total weight or number of pounds) of halibut offloaded in excess of the IFQ or CDQ, the weight of halibut Halibut Commission license number on halibut retained for each set or day. a State fish ticket for any vessel other (7) The logbook referred to in (in pounds) retained for personal use or for future sale, and the weight (in than the vessel actually used in catching paragraph (5) shall be: the halibut reported thereon. (a) Maintained on board the vessel; pounds) of halibut discarded as unfit for (b) Updated not later than 24 hours human consumption. 18. Fishing Multiple Regulatory Areas (5) The first recipient, commercial after midnight local time for each day (1) Except as provided in this section, fished and prior to the offloading or sale fish processor, or buyer in the United States who purchases or receives halibut no person shall possess at the same time of halibut taken during that fishing trip; on board a vessel halibut caught in more (c) Retained for a period of two years directly from the vessel operator that harvested such halibut must weigh and than one regulatory area. by the owner or operator of the vessel; (2) Halibut caught in more than one record all halibut received and record (d) Open to inspection by an of the Regulatory Areas 2C, 3A, or 3B the following information on state fish authorized officer or any authorized may be possessed on board a vessel at tickets: the date of offload, vessel representative of the Commission upon the same time providing the operator of number, total weight obtained at the demand; the vessel: (e) Kept on board the vessel when time of offload including the weight (in (a) Has a NMFS-certified observer on engaged in halibut fishing, during pounds) of halibut purchased, the board when required by NMFS transits to port of landing, and until the weight (in pounds) of halibut offloaded regulations 6 published at title 50, Code offloading of all halibut is completed; in excess of the IFQ, CDQ, or fishing of Federal Regulations, section (f) Mailed to the Department of period limits, the weight of halibut (in 679.7(f)(4); and Fisheries and Oceans (white copy) pounds) retained for personal use or for (b) Can identify the regulatory area in within seven days of offloading; and future sale, and the weight (in pounds) which each halibut on board was caught (g) Mailed to the International Pacific of halibut discarded as unfit for human by separating halibut from different Halibut Commission (yellow copy) consumption. areas in the hold, tagging halibut, or by within seven days of the final offload if (6) The master or operator of a other means. not collected by an International Pacific Canadian vessel that was engaged in (3) Halibut caught in more than one Halibut Commission employee. halibut fishing must weigh and record of the Regulatory Areas 4A, 4B, 4C, or (8) The poundage of any halibut that all halibut on board said vessel at the 4D may be possessed on board a vessel is not sold, but is utilized by the vessel time offloading commences and record at the same time providing the operator operator, his/her crew members, or any on Provincial fish tickets or Federal of the vessel: other person for personal use, shall be catch reports the date, locality, name of (a) Has a NMFS-certified observer on recorded in the vessel’s log within 24- vessel, the name(s) of the person(s) from board the vessel when halibut caught in hours of offloading. whom the halibut was purchased; and different regulatory areas are on board; (9) No person shall make a false entry the scale weight obtained at the time of and in a log referred to in this section. offloading of all halibut on board the (b) Can identify the regulatory area in vessel including the pounds purchased; which each halibut on board was caught 17. Receipt and Possession of Halibut pounds in excess of Individual Vessel by separating halibut from different (1) No person shall receive halibut Quotas (IVQs); pounds retained for areas in the hold, tagging halibut, or by from a United States vessel that does not personal use; and pounds discarded as other means. have on board the license required by unfit for human consumption. section 4. 6 Without an observer, a vessel cannot have on 5 DFO did not adopt this regulation therefore board more halibut than the IFQ for the area that (2) No person shall offload halibut section 17 paragraph 2 does not apply to fish caught is being fished even if some of the catch occurred from a vessel unless the gills and in Area 2B. earlier in a different area.

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(4) Halibut caught in Regulatory Areas (9) No person on board a vessel from tribes located in the State of Washington 4A, 4B, 4C, and 4D may be possessed on which setline gear was used to fish for shall be regulated under regulations board a vessel when in compliance with any species of fish anywhere in Areas promulgated by the National Marine paragraph (3) and if halibut from Area 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E Fisheries Service and published in the 4 are on board the vessel, the vessel can during the 72-hour period immediately Federal Register. have halibut caught in Regulatory Areas before the opening of the halibut fishing (2) Subarea 2A–1 includes all waters 2C, 3A, and 3B on board if in season shall catch or possess halibut off the coast of Washington that are compliance with paragraph (2). anywhere in those areas until the vessel north of 46°53′18″ N. lat. and east of has removed all of its setline gear from 125°44′00″ W. long., and all inland 19. Fishing Gear the water and has either: marine waters of Washington. (1) No person shall fish for halibut (a) Made a landing and completely (3) Section 13 (size limits), section 14 using any gear other than hook and line offloaded its entire catch of other fish; (careful release of halibut), section 16 gear. or (logs), section 17 (receipt and (2) No person shall possess halibut (b) Submitted to a hold inspection by possession of halibut) and section 19 taken with any gear other than hook and an authorized officer. (fishing gear), except paragraphs 7 and line gear. (10) No vessel from which setline gear 8 of section 19, apply to commercial (3) No person shall possess halibut was used to fish for any species of fish fishing for halibut in subarea 2A–1 by while on board a vessel carrying any anywhere in Areas 2B, 2C, 3A, 3B, 4A, the treaty Indian tribes. trawl nets or fishing pots capable of 4B, 4C, 4D, or 4E during the 72-hour (4) Commercial fishing for halibut in catching halibut, except that in Areas period immediately before the opening subarea 2A–1 is permitted with hook 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, of the halibut fishing season may be and line gear from March 1 through halibut heads, skin, entrails, bones or used to catch or possess halibut November 15, or until 456,500 lb (207.0 fins for use as bait may be possessed on anywhere in those areas until the vessel mt) is taken, whichever occurs first. (5) Ceremonial and subsistence board a vessel carrying pots capable of has removed all of its setline gear from fishing for halibut in subarea 2A–1 is catching halibut, provided that a receipt the water and has either: permitted with hook and line gear from documenting purchase or transfer of (a) Made a landing and completely January 1 through December 31, and is these halibut parts is on board the offloaded its entire catch of other fish; or estimated to take 27,000 pounds (12.2 vessel. metric tons). (4) All setline or skate marker buoys (b) Submitted to a hold inspection by carried on board or used by any United an authorized officer. 23. Customary and Traditional Fishing States vessel used for halibut fishing (11) Notwithstanding any other in Alaska provision in these regulations, a person shall be marked with one of the (1) Customary and traditional fishing may retain and possess, but not sell or following: for halibut in Regulatory Areas 2C, 3A, barter, halibut taken with trawl gear (a) The vessel’s name; 3B, 4A, 4B, 4C, 4D, and 4E shall be only as authorized by the Prohibited (b) The vessel’s state license number; governed pursuant to regulations Species Donation regulations of the or promulgated by the National Marine National Marine Fisheries Service. (c) The vessel’s registration number. Fisheries Service and published in 50 (5) The markings specified in 20. Retention of Tagged Halibut CFR part 300. paragraph (4) shall be in characters at (2) Customary and traditional fishing (1) Nothing contained in these least four inches in height and one-half is authorized from January 1 through Regulations prohibits any vessel at any inch in width in a contrasting color December 31. time from retaining and landing a visible above the water and shall be (3) Section 23 is in effect only when halibut that bears a Commission tag at maintained in legible condition. National Marine Fisheries Service the time of capture, if the halibut with (6) All setline or skate marker buoys publishes subsistence (customary and the tag still attached is reported at the carried on board or used by a Canadian traditional use) regulations in 50 CFR time of landing and made available for vessel used for halibut fishing shall be: part 300. examination by a representative of the (a) Floating and visible on the surface Commission or by an authorized officer. 24. Sport Fishing for Halibut of the water; and (2) After examination and removal of (b) Legibly marked with the (1) No person shall engage in sport the tag by a representative of the fishing for halibut using gear other than identification plate number of the vessel Commission or an authorized officer, engaged in commercial fishing from a single line with no more than two the halibut hooks attached; or a spear. which that setline is being operated. (a) May be retained for personal use; (7) No person on board a vessel from (2) In all waters off Alaska: or (a) The sport fishing season is from which setline gear was used to fish for (b) May be sold if it complies with the February 1 to December 31; any species of fish anywhere in Area 2A provisions of section 13. (b) The daily bag limit is two halibut during the 72-hour period immediately 21. Supervision of Unloading and of any size per day per person. before the opening of a halibut fishing (3) In all waters off British Columbia: Weighing period shall catch or possess halibut (a) The sport fishing season is from anywhere in those waters during that The unloading and weighing of February 1 to December 31; halibut fishing period. halibut may be subject to the (b) The daily bag limit is two halibut (8) No vessel from which setline gear supervision of authorized officers to of any size per day per person. was used to fish for any species of fish assure the fulfillment of the provisions (4) In all waters off California, Oregon, anywhere in Area 2A during the 72- of these Regulations. and Washington: hour period immediately before the (a) The total allowable catch of opening of a halibut fishing period may 22. Fishing by United States Treaty halibut shall be limited to 232,499 lb be used to catch or possess halibut Indian Tribes (105.4 mt) in waters off Washington and anywhere in those waters during that (1) Halibut fishing in subarea 2A–1 by 262,001 pounds (118.8 metric tons) in halibut fishing period. members of United States treaty Indian waters off California and Oregon;

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(b) The sport fishing subareas, and connecting back to 48°18′ N. lat.; reopening dates unless the date is subquotas, fishing dates, and daily bag 125°18′ W. long. announced on the NMFS hotline. limits are as follows, except as modified (iii) In the area between the Queets (3) If sufficient unharvested catch under the inseason actions in Section River, WA and Leadbetter Point, WA remains, the third season will open on 25. All sport fishing in Area 2A is (46°38′10″ N. lat.), the quota for August 1, 2, 8, and 9 or until the managed on a ‘‘port of landing’’ basis, landings into ports in this area is 48,623 combined quotas for the all-depth whereby any halibut landed into a port lb (22 mt). fisheries in the subareas described in counts toward the quota for the area in (A) The fishing season commences on paragraphs (v) and (vi) of this section which that port is located, and the May 1 and continues 5 days a week totaling 229,103 lb (103.9 mt) are regulations governing the area of (Sunday through Thursday) in all estimated to have been taken and the landing apply, regardless of the specific waters, and commences on May 1 and area is closed by the Commission, area of catch. continues 7 days a week in the area whichever is earlier. An announcement (i) In Puget Sound and the U.S. waters from Queets River south to 47°00′00″ N. will be made on the NMFS hotline in in the Strait of Juan de Fuca, east of a lat. and east of 124°40′00″ W. long., mid-July as to whether the fishery will line extending from 48°17′30″ N. lat., until 48,623 lb (22 mt) are estimated to be open on August 1, 2, 8, and 9. No 124°23′70″ W. long. north to 48°24′10″ have been taken and the season is halibut fishing will be allowed on these N. lat., 124°23′70″ W. long., there is no closed by the Commission, or until dates unless the dates are announced on quota. This area is managed by setting September 30, whichever occurs first. the NMFS hotline. If the harvest during this opening does not achieve the a season that is projected to result in a (B) The daily bag limit is one halibut 229,103 lb (103.9 mt) quota, the season catch of 63,278 lb (29 mt). of any size per day per person. will reopen. Dependent on the amount (A) The fishing season in eastern (iv) In the area between Leadbetter of unharvested catch available, the Puget Sound (east of 123°49′30″ W. Point, WA and Cape Falcon, OR potential season reopening dates will long.) is May 8 through July 18 and the (45°46′00″ N. lat.), the quota for be: August 22 and 23, September 5, 6, fishing season in western Puget Sound landings into ports in this area is 11,923 19, and 20, October 17 and 18. If a (west of 123°49′30″ W. long.) is May 22 lb (5 mt). decision is made inseason to allow through August 1, 5 days a week (A) The fishing season commences on fishing on one or more of these (Thursday through Monday). May 1, and continues every day through reopening dates, notice of the reopening (B) The daily bag limit is one halibut September 30, or until 11,923 lb (5 mt) of any size per day per person. date will be announced on the NMFS are estimated to have been taken and the hotline (206) 526–6667 or (800) 662– (ii) In the area off the north area is closed by the Commission, Washington coast, west of the line 9825. No halibut fishing will be allowed whichever occurs first. on the reopening dates unless the date described in paragraph (4)(b)(i) of this (B) The daily bag limit is the first section and north of the Queets River is announced on the NMFS hotline. halibut taken, per person, of 32 inches (B) The daily bag limit is the first (47°31′42″ N. lat.), the quota for (81.3 cm) or greater in length. halibut taken, per person, of 32 inches landings into ports in this area is (v) In the area off Oregon between (81.3 cm) or greater in length. 113,915 lb (52 mt). Cape Falcon and the Siuslaw River at (vi) In the area off Oregon between the ° ′ ″ (A) The fishing seasons are: the Florence north jetty (44 01 08 N. Siuslaw River at the Florence north jetty (1) Commencing May 1 and lat.), the quota for landings into ports in and Humbug Mountain, Oregon continuing 5 days a week (Tuesday this area is 230,639 lb (104.6 mt). (42°40′30″ N. lat.), the quota for through Saturday) until 82,019 lb (37 (A) The fishing seasons are: landings into ports in this area is 18,261 mt) are estimated to have been taken (1) The first season commences May lb (8.3 mt). and the season is closed by the 1 and continues every day through (A) The fishing seasons are: Commission. October 31, in the area inside the 30- (1) The first season commences May (2) From June 18, and continuing fathom (55 m) curve nearest to the 1 and continues every day through thereafter for 5 days a week (Tuesday coastline as plotted on National Ocean October 31, in the area inside the 30- through Saturday) until the overall area Service charts numbered 18520, 18580, fathom (55-m) curve nearest to the quota of 113,915 lb (52 mt) are and 18600, or until the combined coastline as plotted on National Ocean estimated to have been taken and the subquotas of the north central and south Service charts numbered 18520, 18580, area is closed by the Commission, or central inside 30-fathom fisheries and 18600, or until the combined until September 30, whichever occurs (19,797 lb (9.0 mt)) or any inseason subquotas of the north central and south first. revised subquota is estimated to have central inside 30-fathom fisheries (B) The daily bag limit is one halibut been taken and the season is closed by (19,797 lb (9.0 mt)) or any inseason of any size per day per person. the Commission, whichever is earlier. revised subquota is estimated to have (C) A portion of this area southwest of (2) The second season is open on May been taken and the season is closed by Cape Flattery is closed to sport fishing 8, 9, 10, 15, 16, and 17. The projected the Commission, whichever is earlier. for halibut. The ‘‘C-shaped’’ yelloweye catch for this season is 156,835 lb (71.1 (2) The second season is open on May rockfish conservation area that is closed mt). If sufficient unharvested catch 8, 9, 10, 15, 16, and 17. The projected to recreational halibut fishing is defined remains for additional fishing days, the catch for this season is 14,609 lb (6.6 by the following coordinates in the season will reopen. Dependent on the mt). If sufficient unharvested catch order listed: amount of unharvested catch available, remains for additional fishing days, the 48°18′ N. lat.; 125°18′ W. long.; the potential season reopening dates season will reopen. Dependent on the 48°18′ N. lat.; 124°59′ W. long.; will be: June 19, 20, 21, 26, 27, and 28. amount of unharvested catch available, 48°11′ N. lat.; 124°59′ W. long.; If a decision is made inseason by NMFS the potential season reopening dates 48°11′ N. lat.; 125°11′ W. long.; to allow fishing on any of these will be: June 19, 20, 21, 26, 27, and 28. 48°04′ N. lat.; 125°11′ W. long.; reopening dates, notice of the opening If a decision is made inseason by NMFS 48°04′ N. lat.; 124°59′ W. long.; will be announced on the NMFS hotline to allow fishing on any of these 48°00′ N. lat.; 124°59′ W. long.; (206) 526–6667 or (800) 662–9825. No reopening dates, notice of the opening 48°00′ N. lat.; 125°18′ W. long.; halibut fishing will be allowed on the will be announced on the NMFS hotline

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(206) 526–6667 or (800) 662–9825. No regulations shall be measured in a projected to utilize their respective halibut fishing will be allowed on the straight line passing over the pectoral quotas by their season ending dates, reopening dates unless the date is fin from the tip of the lower jaw with NMFS may take inseason action to announced on the NMFS hotline. the mouth closed, to the extreme end of transfer any projected unused quota to (3) If sufficient unharvested catch the middle of the tail. another Oregon sport subarea. remains, the third season will open on (6) No person shall fillet, mutilate, or (2) Flexible inseason management August 1, 2, 8, and 9 or until the otherwise disfigure a halibut in any provisions include, but are not limited combined quotas for the all-depth manner that prevents the determination to, the following: fisheries in the subareas described in of minimum size or the number of fish (a) Modification of sport fishing paragraphs (v) and (vi) of this section caught, possessed, or landed. periods; totaling 229,103 lb (103.9 mt) are (7) The possession limit for halibut in (b) Modification of sport fishing bag estimated to have been taken and the the waters off the coast of Alaska is two limits; area is closed by the Commission, daily bag limits. (c) Modification of sport fishing size whichever is earlier. An announcement (8) The possession limit for halibut in limits; will be made on the NMFS hotline in the waters off the coast of British (d) Modification of sport fishing days mid-July as to whether the fishery will Columbia is three halibut. per calendar week; and be open on August 1, 2, 8, and 9. No (9) The possession limit for halibut in (e) Modification of subarea quotas halibut fishing will be allowed on these the waters off Washington, Oregon, and north of Cape Falcon, OR. dates unless the dates are announced on California is the same as the daily bag (3) Notice procedures. the NMFS hotline. If the harvest during limit. (a) Actions taken under this section this opening does not achieve the (10) The possession limit for halibut will be published in the Federal 229,103 lb (103.9 mt) quota, the season on land in Area 2A is two daily bag Register. will reopen. Dependent on the amount limits. (b) Actual notice of inseason of unharvested catch available, the (11) Any halibut brought aboard a management actions will be provided by potential season reopening dates will vessel and not immediately returned to a telephone hotline administered by the be: August 22 and 23, September 5, 6, the sea with a minimum of injury will Northwest Region, NMFS, at 206–526– 19, and 20, October 17 and 18. If a be included in the daily bag limit of the 6667 or 800–662–9825 (May through decision is made inseason to allow person catching the halibut. September) and by U.S. Coast Guard fishing on one or more of these (12) No person shall be in possession broadcasts. These broadcasts are reopening dates, notice of the reopening of halibut on a vessel while fishing in announced on Channel 16 VHF–FM and date will be announced on the NMFS a closed area. 2182 kHz at frequent intervals. The hotline (206) 526–6667 or (800) 662– (13) No halibut caught by sport announcements designate the channel 9825. No halibut fishing will be allowed fishing shall be offered for sale, sold, or frequency over which the notice to on the reopening dates unless the date traded, or bartered. mariners will be immediately broadcast. is announced on the NMFS hotline. (14) No halibut caught in sport fishing Since provisions of these regulations (B) The daily bag limit is the first shall be possessed on board a vessel may be altered by inseason actions, halibut taken, per person, of 32 inches when other fish or shellfish aboard the sport fishers should monitor either the (81.3 cm) or greater in length. said vessel are destined for commercial telephone hotline or U.S. Coast Guard (vii) In the area south of Humbug use, sale, trade, or barter. broadcasts for current information for Mountain, Oregon (42°40′30″ N. lat.) (15) The operator of a charter vessel the area in which they are fishing. and off the California coast, there is no shall be liable for any violations of these (4) Effective dates. quota. This area is managed on a season regulations committed by a passenger (a) Any action issued under this that is projected to result in a catch of aboard said vessel. section is effective on the date specified in the publication or at the time that the less than 7,860 lb (3.6 mt). 25. Flexible Inseason Management (A) The fishing season will commence action is filed for public inspection with Provisions in Area 2A on May 1 and continue every day the Office of the Federal Register, through September 30. (1) The Regional Administrator, whichever is later. (B) The daily bag limit is the first NMFS Northwest Region, after (b) If time allows, NMFS will invite halibut taken, per person, of 32 inches consultation with the Chairman of the public comment prior to the effective (81.3 cm) or greater in length. Pacific Fishery Management Council, date of any inseason action filed with (c) The Commission shall determine the Commission Executive Director, and the Federal Register. If the Regional and announce closing dates to the the Fisheries Director(s) of the affected Administrator determines, for good public for any area in which the state(s), or their designees, is authorized cause, that an inseason action must be subquotas in this Section are estimated to modify regulations during the season filed without affording a prior to have been taken. after making the following opportunity for public comment, public (d) When the Commission has determinations. comments will be received for a period determined that a subquota under (a) The action is necessary to allow of 15 days after publication of the action paragraph (4)(b) of this section is allocation objectives to be met. in the Federal Register. estimated to have been taken, and has (b) The action will not result in (c) Any inseason action issued under announced a date on which the season exceeding the catch limit for the area. this section will remain in effect until will close, no person shall sport fish for (c) If any of the sport fishery subareas the stated expiration date or until halibut in that area after that date for the north of Cape Falcon, OR are not rescinded, modified, or superseded. rest of the year, unless a reopening of projected to utilize their respective However, no inseason action has any that area for sport halibut fishing is quotas by September 30, NMFS may effect beyond the end of the calendar scheduled in accordance with the Catch take inseason action to transfer any year in which it is issued. Sharing Plan for Area 2A, or announced projected unused quota to another (5) Availability of data. The Regional by the Commission. Washington sport subarea. Administrator will compile, in aggregate (5) Any minimum overall size limit (d) If any of the sport fishery subareas form, all data and other information promulgated under IPHC or NMFS south of Leadbetter Point, WA are not relevant to the action being taken and

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will make them available for public 27. Area 2A Non-Treaty Commercial (29) 41°35.48′ N. lat., 124°16.35′ W. review during normal office hours at the Fishery Closed Area long.; ° ′ ° ′ Northwest Regional Office, NMFS, Non-treaty commercial vessels (30) 41 23.51 N. lat., 124 10.48 W. Sustainable Fisheries Division, 7600 operating in the directed commercial long.; (31) 41°4.62′ N. lat., 124°14.44′ W. long.; Sand Point Way NE, Seattle, WA. fishery for halibut in Area 2A are (32) 40°54.28′ N. lat., 124°13.90′ W. required to fish outside of a closed area, 26. Fishery Election in Area 2A long.; known as the Rockfish Conservation (33) 40°40.37′ N. lat., 124°26.21′ W. (1) A vessel that fishes in Area 2A Area (RCA), that extends along the coast may participate in only one of the long.; from the U.S./Canada border south to (34) 40°34.03′ N. lat., 124°27.36′ W. following three fisheries in Area 2A: 40°10′ N. lat. The closed area follows (a) The sport fishery under Section 24; long.; approximate depth contours. (35) 40°28.88′ N. lat., 124°32.41′ W. (b) The commercial directed fishery Coordinates for the specific boundaries for halibut during the fishing period(s) long.; that approximate the depth contours are (36) 40°24.82′ N. lat., 124°29.56′ W. established in Section 8 and/or the as follows: incidental retention of halibut during long.; (1) Between the U.S./Canada border (37) 40°22.64′ N. lat., 124°24.05′ W. the primary sablefish fishery described and 46°16’ N. lat., the eastern boundary at 50 CFR 660.323(a)(2); or long.; of the RCA extends to the shoreline. (38) 40°18.67′ N. lat., 124°21.90′ W. (c) The incidental catch fishery during (2) Between 46°16′ N. lat. and 40°10′ the salmon troll fishery as authorized in long.; N. lat., the RCA is defined along an (39) 40°14.23′ N. lat., 124°23.72′ W. Section 8. eastern, inshore boundary long.; and (2) No person shall fish for halibut in approximating 27 fm (49 m). The 27 fm (40) 40°10.00′ N. lat., 124°17.22′ W. the sport fishery in Area 2A under depth contour used between 46°16′ N. long.; Section 24 from a vessel that has been lat. and 40°10′ N. lat. as an eastern used during the same calendar year for (3) Between the U.S./Canada border boundary for the RCA is defined by and 40°10′ N. lat., the RCA is defined commercial halibut fishing in Area 2A straight lines connecting all of the or that has been issued a permit for the along a western, offshore boundary following points in the order stated: approximating 100 fm (183 m). The 100 same calendar year for the commercial (1) 46°16.00′ N. lat., 124°12.39′ W. long.; ° ′ halibut fishery in Area 2A. fm depth contour used north of 40 10 (2) 46°14.85′ N. lat., 124°12.39′ W. long.; N. lat. as a western boundary for the (3) No person shall fish for halibut in ° ′ ° ′ (3) 46 3.95 N. lat., 124 3.64 W. long.; RCA is defined by straight lines the directed halibut fishery during the ° ′ ° ′ (4) 45 43.14 N. lat., 124 0.17 W. long.; connecting all of the following points in fishing periods established in Section 8 ° ′ ° ′ (5) 45 23.33 N. lat., 124 1.99 W. long.; the order stated: and/or retain halibut incidentally taken ° ′ ° ′ (6) 45 9.54 N. lat., 124 1.65 W. long.; ° ′ ° ′ in the primary sablefish fishery in Area (1) 48 15.00 N. lat., 125 41.00 W. long.; (7) 44°39.99′ N. lat., 124°8.67′ W. long.; ° ′ ° ′ 2A from a vessel that has been used ° ′ ° ′ (2) 48 14.00 N. lat., 125 36.00 W. long.; (8) 44 20.86 N. lat., 124 10.31 W. long.; (3) 48°09.50′ N. lat., 125°40.50′ W. long.; during the same calendar year for the (9) 43°37.11′ N. lat., 124°14.91′ W. long.; ° ′ ° ′ incidental catch fishery during the ° ′ ° ′ (4) 48 08.00 N. lat., 125 38.00 W. long.; (10) 43 27.54 N. lat., 124 18.98 W. (5) 48°05.00′ N. lat., 125°37.25′ W. long.; salmon troll fishery as authorized in long.; ° ′ ° ′ Section 8. ° ′ ° ′ (6) 48 02.60 N. lat., 125 34.70 W. long.; (11) 43 20.68 N. lat., 124 25.53 W. (7) 47°59.00′ N. lat., 125°34.00′ W. long.; (4) No person shall fish for halibut in long.; (8) 47°57.26′ N. lat., 125°29.82′ W. long.; the directed commercial halibut fishery ° ′ ° ′ (12) 43 15.08 N. lat., 124 27.17 W. (9) 47°59.87′ N. lat., 125°25.81′ W. long.; and/or retain halibut incidentally taken long.; (10) 48°01.08′ N. lat., 125°24.53′ W. ° ′ ° ′ in the primary sablefish fishery in Area (13) 43 6.89 N. lat., 124 29.65 W. long.; long.; 2A from a vessel that, during the same (14) 43°1.02′ N. lat., 124°29.70′ W. long.; (11) 48°02.08′ N. lat., 125°22.98′ W. ° ′ ° ′ calendar year, has been used in the (15) 42 52.67 N. lat., 124 36.10 W. long.; sport halibut fishery in Area 2A or that long.; (12) 48°02.97′ N. lat., 125°22.89′ W. is licensed for the sport charter halibut (16) 42°45.96′ N. lat., 124°37.95′ W. long.; fishery in Area 2A. long.; (13) 48°04.47′ N. lat., 125°21.75′ W. (5) No person shall retain halibut in (17) 42°45.80′ N. lat., 124°35.41′ W. long.; the salmon troll fishery in Area 2A as long.; (14) 48°06.11′ N. lat., 125°19.33′ W. authorized under Section 8 taken on a (18) 42°38.46′ N. lat., 124°27.49′ W. long.; vessel that, during the same calendar long.; (15) 48°07.95′ N. lat., 125°18.55′ W. year, has been used in the sport halibut (19) 42°35.29′ N. lat., 124°26.85′ W. long.; fishery in Area 2A, or that is licensed long.; (16) 48°09.00′ N. lat., 125°18.00′ W. for the sport charter halibut fishery in (20) 42°31.49′ N. lat., 124°31.40′ W. long.; Area 2A. long.; (17) 48°11.31′ N. lat., 125°17.55′ W. (6) No person shall retain halibut in (21) 42°29.06′ N. lat., 124°32.24′ W. long.; the salmon troll fishery in Area 2A as long.; (18) 48°14.60′ N. lat., 125°13.46′ W. authorized under Section 8 taken on a (22) 42°14.26′ N. lat., 124°26.27′ W. long.; vessel that, during the same calendar long.; (19) 48°16.67′ N. lat., 125°14.34′ W. year, has been used in the directed (23) 42°4.86′ N. lat., 124°21.94′ W. long.; long.; commercial fishery during the fishing (24) 42°0.10′ N. lat., 124°20.99′ W. long.; (20) 48°18.73′ N. lat., 125°14.41′ W. periods established in Section 8 and/or (25) 42°0.00′ N. lat., 124°21.03′ W. long.; long.; retain halibut incidentally taken in the (26) 41°56.33′ N. lat., 124°20.34′ W. (21) 48°19.98′ N. lat., 125°13.24′ W. primary sablefish fishery for Area 2A or long.; long.; that is licensed to participate in these (27) 41°50.93′ N. lat., 124°23.74′ W. (22) 48°22.95′ N. lat., 125°10.79′ W. commercial fisheries during the fishing long.; long.; periods established in Section 8 in Area (28) 41°41.83′ N. lat., 124°16.99′ W. (23) 48°21.61′ N. lat., 125°02.54′ W. 2A. long.; long.;

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(24) 48°23.00′ N. lat., 124°49.34′ W. (59) 47°15.01′ N. lat., 124°51.09′ W. (95) 44°59.51′ N. lat., 124°19.34′ W. long.; long.; long.; (25) 48°17.00′ N. lat., 124°56.50′ W. (60) 47°12.61′ N. lat., 124°54.89′ W. (96) 44°49.30′ N. lat., 124°29.97′ W. long.; long.; long.; (26) 48°06.00′ N. lat., 125°00.00′ W. (61) 47°08.22′ N. lat., 124°56.53′ W. (97) 44°45.64′ N. lat., 124°33.89′ W. long.; long.; long.; (27) 48°04.62′ N. lat., 125°01.73′ W. (62) 47°08.50′ N. lat., 124°54.95′ W. (98) 44°33.00′ N. lat., 124°36.88′ W. long.; long.; long.; (28) 48°04.84′ N. lat., 125°04.03′ W. (63) 47°01.92′ N. lat., 124°57.74′ W. (99) 44°28.20′ N. lat., 124°44.72′ W. long.; long.; long.; (29) 48°06.41′ N. lat., 125°06.51′ W. (64) 47°01.14′ N. lat., 124°59.35′ W. (100) 44°13.16′ N. lat., 124°56.36′ W. long.; long.; long.; (30) 48°06.00′ N. lat., 125°08.00′ W. (65) 46°58.48′ N. lat., 124°57.81′ W. (101) 43°56.34′ N. lat., 124°55.74′ W. long.; long.; long.; (31) 48°07.28′ N. lat., 125°11.14′ W. (66) 46°56.79′ N. lat., 124°56.03′ W. (102) 43°56.47′ N. lat., 124°34.61′ W. long.; long.; long.; (32) 48°03.45′ N. lat., 125°16.66′ W. (67) 46°58.01′ N. lat., 124°55.09′ W. (103) 43°42.73′ N. lat., 124°32.41′ W. long.; long.; long.; (33) 47°59.50′ N. lat., 125°18.88′ W. (68) 46°55.07′ N. lat., 124°54.14′ W. (104) 43°30.92′ N. lat., 124°34.43′ W. long.; long.; long.; (34) 47°58.68′ N. lat., 125°16.19′ W. (69) 46°59.60′ N. lat., 124°49.79′ W. (105) 43°17.44′ N. lat., 124°41.16′ W. long.; long.; long.; (35) 47°56.62′ N. lat., 125°13.50′ W. (70) 46°58.72′ N. lat., 124°48.78′ W. (106) 43°7.04′ N. lat., 124°41.25′ W. long.; long.; long.; (36) 47°53.71′ N. lat., 125°11.96′ W. (71) 46°54.45′ N. lat., 124°48.36′ W. (107) 43°3.45′ N. lat., 124°44.36′ W. long.; long.; long.; (37) 47°51.70′ N. lat., 125°09.38′ W. (72) 46°53.99′ N. lat., 124°49.95′ W. (108) 43°3.90′ N. lat., 124°50.81′ W. long.; long.; long.; (38) 47°49.95′ N. lat., 125°06.07′ W. (73) 46°54.38′ N. lat., 124°52.73′ W. (109) 42°55.70′ N. lat., 124°52.79′ W. long.; long.; long.; (39) 47°49.00′ N. lat., 125°03.00′ W. (74) 46°52.38′ N. lat., 124°52.02′ W. (110) 42°54.12′ N. lat., 124°47.36′ W. long.; long.; long.; (40) 47°46.95′ N. lat., 125°04.00′ W. (75) 46°48.93′ N. lat., 124°49.17′ W. (111) 42°43.99′ N. lat., 124°42.38′ W. long.; long.; long.; (41) 47°46.58′ N. lat., 125°03.15′ W. (76) 46°41.50′ N. lat., 124°43.00′ W. (112) 42°38.23′ N. lat., 124°41.25′ W. long.; long.; long.; (42) 47°44.07′ N. lat., 125°04.28′ W. (77) 46°34.50′ N. lat., 124°28.50′ W. (113) 42°33.02′ N. lat., 124°42.38′ W. long.; long.; long.; (43) 47°43.32′ N. lat., 125°04.41′ W. (78) 46°29.00′ N. lat., 124°30.00′ W. (114) 42°31.89′ N. lat., 124°42.04′ W. long.; long.; long.; (44) 47°40.95′ N. lat., 125°04.14′ W. (79) 46°20.00′ N. lat., 124°36.50′ W. (115) 42°30.08′ N. lat., 124°42.67′ W. long.; long.; long.; (45) 47°39.58′ N. lat., 125°04.97′ W. (80) 46°18.00′ N. lat., 124°38.00′ W. (116) 42°28.27′ N. lat., 124°47.08′ W. long.; long.; long.; (46) 47°36.23′ N. lat., 125°02.77′ W. (81) 46°17.52′ N. lat., 124°35.35′ W. (117) 42°25.22′ N. lat., 124°43.51′ W. long.; long.; long.; (47) 47°34.28′ N. lat., 124°58.66′ W. (82) 46°17.00′ N. lat., 124°22.50′ W. (118) 42°19.22′ N. lat., 124°37.92′ W. long.; long.; long.; (48) 47°32.17′ N. lat., 124°57.77′ W. (83) 46°15.02′ N. lat., 124°23.77′ W. (119) 42°16.28′ N. lat., 124°36.11′ W. long.; long.; long.; (49) 47°30.27′ N. lat., 124°56.16′ W. (84) 46°12.00′ N. lat., 124°35.00′ W. (120) 42°5.65′ N. lat., 124°34.92′ W. long.; long.; long.; (50) 47°30.60′ N. lat., 124°54.80′ W. (85) 46°10.50′ N. lat., 124°39.00′ W. (121) 42°0.00′ N. lat., 124°35.27′ W. long.; long.; long.; (51) 47°29.26′ N. lat., 124°52.21′ W. (86) 46°8.90′ N. lat., 124°39.11′ W. long.; (122) 42°00.00′ N. lat., 124°35.26′ W. long.; (87) 46°0.97′ N. lat., 124°38.56′ W. long.; long.; (52) 47°28.21′ N. lat., 124°50.65′ W. (88) 45°57.04′ N. lat., 124°36.42′ W. (123) 41°47.04′ N. lat., 124°27.64′ W. long.; long.; long.; (53) 47°27.38′ N. lat., 124°49.34′ W. (89) 45°54.29′ N. lat., 124°40.02′ W. (124) 41°32.92′ N. lat., 124°28.79′ W. long.; long.; long.; (54) 47°25.61′ N. lat., 124°48.26′ W. (90) 45°47.19′ N. lat., 124°35.58′ W. (125) 41°24.17′ N. lat., 124°28.46′ W. long.; long.; long.; (55) 47°23.54′ N. lat., 124°46.42′ W. (91) 45°41.75′ N. lat., 124°28.32′ W. (126) 41°10.12′ N. lat., 124°20.50′ W. long.; long.; long.; (56) 47°20.64′ N. lat., 124°45.91′ W. (92) 45°34.16′ N. lat., 124°24.23′ W. (127) 40°51.41′ N. lat., 124°24.38′ W. long.; long.; long.; (57) 47°17.99′ N. lat., 124°45.59′ W. (93) 45°27.10′ N. lat., 124°21.74′ W. (128) 40°43.71′ N. lat., 124°29.89′ W. long.; long.; long.; (58) 47°18.20′ N. lat., 124°49.12′ W. (94) 45°17.14′ N. lat., 124°17.85′ W. (129) 40°40.14′ N. lat., 124°30.90′ W. long.; long.; long.;

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(130) 40°37.35′ N. lat., 124°29.05′ W. contained in these regulations will not Dated: February 27, 2003 long.; significantly affect the quality of the William T. Hogarth, (131) 40°34.76′ N. lat., 124°29.82′ W. human environment, and the Assistant Administrator for Fisheries, long.; preparation of an environmental impact National Marine Fisheries Service. (132) 40°36.78′ N. lat., 124°37.06′ W. statement on the final action is not For the reasons set out in the long.; required by 102(2)(C) of the National preamble, 50 CFR part 300 is amended (133) 40°32.44′ N. lat., 124°39.58′ W. Environmental Policy Act or its as follows: long.; implementing regulations. ° ′ ° ′ (134) 40 24.82 N. lat., 124 35.12 W. At the proposed rule stage, the Chief PART 300—INTERNATIONAL long.; Counsel for Regulation, Department of FISHERIES REGULATIONS, SUBPART ° ′ ° ′ (135) 40 23.30 N. lat., 124 31.60 W. Commerce, certified to the Chief E—PACIFIC HALIBUT FISHERIES long.; Counsel for Advocacy of the Small (136) 40°23.52′ N. lat., 124°28.78′ W. Business Administration that this action 1. The authority citation for 50 CFR long.; will not have a significant economic part 300, subpart E continues to read as (137) 40°22.43′ N. lat., 124°25.00′ W. impact on a substantial number of small follows: long.; entities. No comments were received on Authority: 16 U.S.C. 773–773k. (138) 40°21.72′ N. lat., 124°24.94′ W. this certification or on the economic long.; impacts of the rule. No regulatory 2. Section 300.63, paragraph (a)(3)(ii) (139) 40°21.87′ N. lat., 124°27.96′ W. flexibility analysis has been prepared. is revised to read as follows: long.; This action has been determined to be ° ′ ° ′ § 300.63 Catch sharing plans, local area (140) 40 21.40 N. lat., 124 28.74 W. not significant for purposes of Executive management plans, and domestic long.; Order 12866. management measures. ° ′ ° ′ (141) 40 19.68 N. lat., 124 28.49 W. The AA finds good cause to waive the * * * * * long.; requirement to provide a 30-day delay ° ′ ° ′ (a) * * * (142) 40 17.73 N. lat., 124 25.43 W. in effectiveness (5 U.S.C. 553(d)) (3) * * * long.; because it is contrary to the public ° ′ ° ′ (ii) It is unlawful for any person to (143) 40 18.37 N. lat., 124 23.35 W. interest to delay the effectiveness date of possess or land halibut south of long.; this rule for 30 days. This rule must be ° ′ ″ ° ′ ° ′ 46 53 18 N. lat. that were taken and (144) 40 15.75 N. lat., 124 26.05 W. made effective for the opening of the retained as incidental catch authorized long.; 2003 Pacific halibut fishing season on ° ′ ° ′ by this section in the directed longline (145) 40 16.75 N. lat., 124 33.71 W. March 1, 2003. Delaying the opening of sablefish fishery. long.; the fishing season is contrary to the * * * * * (146) 40°16.29′ N. lat., 124°34.36′ W. public interest because it would cause long.; and unnecessary economic burden on [FR Doc. 03–5171 Filed 3–3–03; 3:18 pm] (147) 40°10.00′ N. lat., 124°21.12′ W. fishery participants due to loss of BILLING CODE 3510–22–P long. fishing opportunity. Because the annual quotas and management measures are 28. Previous Regulations Superseded DEPARTMENT OF COMMERCE ultimately determined by an These regulations shall supersede all international commission, the IPHC, the National Oceanic and Atmospheric previous regulations of the Commission, AA is constrained and cannot respond Administration and these regulations shall be effective by publishing the final rule until after each succeeding year until superseded. the IPHC has adopted the annual quotas 50 CFR Part 622 Classification and management measures for the year. NMFS’s implementation of changes to [Docket No. 001005281–0369–02; I.D. IPHC Regulations the CSP could not begin until after 030303A] January 24, 2003, when the IPHC Because approval by the Secretary of Fisheries of the Caribbean, Gulf of adopted annual quotas and management State of the IPHC regulations is a foreign Mexico, and South Atlantic; Coastal measures for 2003. There was not affairs function, the notice-and- Migratory Pelagic Resources of the enough time between when the IPHC comment and delay-in-effective date Gulf of Mexico and South Atlantic; Trip adopted the annual quotas and requirements of the Administrative Limit Reduction Procedure Act (APA), 5 U.S.C. 553, do management measures for 2003 and the not apply to this notice of the scheduled March 1, 2003, start of the AGENCY: National Marine Fisheries effectiveness and content of the IPHC fishing season to publish the regulations Service (NMFS), National Oceanic and regulations, 5 U.S.C. 553(a)(1). Because in the Federal Register with enough Atmospheric Administration (NOAA), prior notice and an opportunity for time for a 30-day delay in effectiveness. Commerce. public comment are not required to be In addition, good cause exists to waive ACTION: Trip limit reduction. provided for these portions of this rule the 30-day delay in effectiveness for the by 5 U.S.C. 553, or any other law, the minor technical amendment to 50 CFR SUMMARY: NMFS reduces the trip limit analytical requirements of the 300.63 pursuant to 5 U.S.C. 553(d)(3) in the commercial hook-and-line fishery Regulatory Flexibility Act, 5 U.S.C. 601 because this amendment only clarifies for king mackerel in the southern et seq., are not applicable. the regulatory language and does not Florida west coast subzone to 500 lb include a substantive change to the (227 kg) of king mackerel per day in or Catch Sharing Plan for Area 2A regulations. from the exclusive economic zone (EEZ). This trip limit reduction is An EA/RIR was prepared on the List of Subjects in 50 CFR part 300 proposed changes to the CSP. NMFS has necessary to protect the Gulf king determined that the proposed changes Fisheries, Fishing, Reporting and mackerel resource. to the CSP and the management recordkeeping requirements, Treaties. DATES: This rule is effective 12:01 a.m., measures implementing the CSP Authority: 16 U.S.C. 773–773k. local time, March 5, 2003, through June

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30, 2003, unless changed by further southern Florida west coast subzone DEPARTMENT OF COMMERCE notification in the Federal Register. effective 12:01 a.m., local time, March 5, FOR FURTHER INFORMATION CONTACT: 2003. The 500–lb (227–kg) trip limit National Oceanic and Atmospheric Mark Godcharles, telephone: 727–570– will remain in effect until the fishery Administration 5305, fax: 727–570–5583, e-mail: closes or until the end of the current [email protected]. fishing year (June 30, 2003), whichever 50 CFR Part 679 occurs first. SUPPLEMENTARY INFORMATION: The [Docket No. 03114012–3046–02; I.D. fishery for coastal migratory pelagic fish The Florida west coast subzone is that 121902F] (king mackerel, Spanish mackerel, cero, part of the eastern zone south and west ° RIN 0648–AQ46 cobia, little tunny, dolphin, and, in the of 25 20.4’ N. lat. (a line directly east from the Miami-Dade County, FL Gulf of Mexico only, bluefish) is Fisheries of the Exclusive Economic boundary). The Florida west coast managed under the Fishery Zone Off Alaska; Seasonal Area subzone is further divided into northern Management Plan for the Coastal Closure to Trawl, Pot, and Hook-and- and southern subzones. The southern Migratory Pelagic Resources of the Gulf Line Fishing in Waters off Cape subzone is that part of the Florida west of Mexico and South Atlantic (FMP). Sarichef The FMP was prepared by the Gulf of coast subzone that, from November 1 Mexico and South Atlantic Fishery through March 31, extends south and AGENCY: National Marine Fisheries ° ° Management Councils (Councils) and is west from 25 20.4’ N. lat. to 26 19.8’ N. Service (NMFS), National Oceanic and implemented under the authority of the lat.(a line directly west from the Lee/ Atmospheric Administration (NOAA), Magnuson-Stevens Fishery Collier County, FL, boundary), i.e., the Commerce. Conservation and Management Act area off Collier and Monroe Counties. ACTION: Final rule. (Magnuson-Stevens Act) by regulations From April 1 through October 31, the at 50 CFR part 622. southern subzone is that part of the SUMMARY: NMFS issues a final rule to Based on the Councils’ recommended Florida west coast subzone that is seasonally close a portion of the waters total allowable catch and the allocation between 26°19.8’ N. lat. and 25°48’ N. located near Cape Sarichef in the Bering ratios in the FMP, on April 30, 2001 (66 lat.(a line directly west from the Sea subarea to directed fishing for FR 17368, March 30, 2001) NMFS Monroe/Collier County, FL boundary), groundfish by vessels using trawl, pot, implemented a commercial quota of i.e., the area off Collier County. or hook-and-line gear. This action is 2.25 million lb (1.02 million kg) for the Classification necessary to support NMFS research on eastern zone (Florida) of the Gulf the effect of fishing on the localized migratory group of king mackerel. That This action responds to the best abundance of Pacific cod. It is intended quota is further divided into separate available information recently obtained to further the goals and objectives of the quotas for the Florida east coast subzone from the fishery. The Assistant Fishery Management Plan for the and the northern and southern Florida Administrator for Fisheries, NOAA, Groundfish Fishery of the Bering Sea west coast subzones. On April 27, 2000, finds that the need to immediately and Aleutian Islands Area (FMP). NMFS implemented the final rule (65 implement this action to reduce the trip DATES: Effective March 15, 2003. limit constitutes good cause to waive FR 16336, March 28, 2000) that divided ADDRESSES: Copies of the the Florida west coast subzone of the the requirement to provide prior notice Environmental Assessment/Regulatory eastern zone into northern and southern and opportunity for public comment Impact Review/Initial Regulatory subzones, and established their separate pursuant to the authority set forth in 5 Flexibility Analysis (EA/RIR/IRFA) and quotas. The quota implemented for the U.S.C. 553(b)(3)(B), as such procedures the Final Regulatory Flexibility Analysis southern Florida west coast subzone is would be unnecessary and contrary to (FRFA) prepared for this action are 1,040,625 lb (472,020 kg). That quota is the public interest. Similarly, there is a available from NMFS, P.O. Box 21668, further divided into two equal quotas of need to implement these measures in a Juneau, AK 99802–1668, Attn: Lori 520,312 lb (236,010 kg) for vessels in timely fashion to prevent an overrun of Durall, or by calling the Alaska Region, each of two groups fishing with hook- the commercial quota of Gulf group king NMFS, at (907) 586–7228. and-line gear and run-around gillnets mackerel, given the capacity of the fishing fleet to harvest the quota FOR FURTHER INFORMATION CONTACT: (50 CFR 622.42(c)(1)(i)(A)(2)(i)). Melanie Brown at (907) 586–7228, or In accordance with 50 CFR quickly. Any delay in implementing this [email protected]. 622.44(a)(2)(ii)(B)(2), from the date that action would be impractical and 75 percent of the southern Florida west contradictory to the Magnuson-Stevens SUPPLEMENTARY INFORMATION: NMFS coast subzone’s quota has been Act, the FMP, and the public interest. manages the domestic groundfish harvested until a closure of the NMFS finds for good cause that the fisheries in the Bering Sea and Aleutian subzone’s fishery has been effected or implementation of this action cannot be Islands Management Area (BSAI) under the fishing year ends, king mackerel in delayed for 30 days. Accordingly, under the FMP. The North Pacific Fishery or from the EEZ may be possessed on 5 U.S.C. 553(d), a delay in the effective Management Council (Council) board or landed from a permitted vessel date is waived. prepared the FMP under the Magnuson- in amounts not exceeding 500 lb (227 This action is taken under 50 CFR Stevens Fishery Conservation and kg) per day. 622.44(a)(2)(iii) and is exempt from Management Act (Magnuson-Stevens NMFS has determined that 75 percent review under Executive Order 12866. Act). Regulations governing the of the quota for Gulf group king Authority: 16 U.S.C. 1801 et seq. groundfish fisheries of the BSAI appear mackerel for vessels using hook-and- at 50 CFR parts 600 and 679. line gear in the southern Florida west Dated: March 3, 2003. In October 2002, the Council adopted coast subzone will be reached on March John H. Dunnigan, a proposed regulatory amendment to 4, 2003. Accordingly, a 500–lb (227–kg) Director, Office of Sustainable Fisheries, implement a seasonal closure to trip limit applies to vessels in the National Marine Fisheries Service. directed fishing for groundfish by commercial hook-and-line fishery for [FR Doc. 03–5471 Filed 3–4–03; 2:44 pm] vessels using trawl, pot, or hook-and- king mackerel in or from the EEZ in the BILLING CODE 3510–22–S line gear in a portion of the waters off

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Cape Sarichef in the Bering Sea subarea. effort by hook-and-line and pot vessels ended on February 7, 2003. No The purpose of this action is to support moving into the area due to the trawl comments were received on the IRFA. a NMFS research project investigating closure. A concern also exists that pot The entities that will be regulated by the effect of commercial fishing on and hook-and-line vessels would enter this action are the catcher vessels and Pacific cod abundance in localized areas historically fished by trawl gear. A catcher processors that would have areas. This study is an integral part of complete description of the study is fished in the treatment area in the a NMFS comprehensive research available in the EA/RIR/IRFA for this second half of March, and that will not program designed to evaluate effects of action (see ADDRESSES). be able to do so from 2003 through fishing on the foraging behavior of This final rule imposes a seasonal ban 2006. These include vessels using trawl, Steller sea lions. The western distinct on all directed groundfish fishing by hook-and-line, and pot gear. The population segment (DPS) of Steller sea vessels using trawl, pot, or hook-and- numbers of small and large entities lions is listed as endangered under the line gear in waters located outside the active in Alaskan statistical area 655430 Endangered Species Act and is likely to existing 10–nm no-trawl area around in the second half of March for each be adversely affected by the Atka Cape Sarichef and inside the boundary year from 1998 through 2001 ranged mackerel, pollock, and Pacific cod of the following coordinates joined in between 21 in 2000 and 57 in 1998. This fisheries. Steller sea lion protection order by straight lines: regulation does not impose new measures are currently implemented to 54°30’ N lat., 165°14’ W long.; recordkeeping or reporting requirements ensure that the pollock, Atka mackerel, 54°35’ N lat., 165°26’ W long.; on the regulated small entities. and Pacific cod fisheries are not likely 54°48’ N lat., 165°04’ W long.; NMFS considered three alternatives to to jeopardize the continued existence of 54°44’ N lat., 164°56’ W long.; and, the proposed action. The status quo or adversely modify or destroy critical 54°30’ N lat., 165°14’ W long. would not have accomplished the habitat for the western DPS of Steller Cape Sarichef is located at objectives of this action. A second sea lions (68 FR 204, January 2, 2003). coordinates 164°56.8’ W long. and alternative would have restricted Currently, the information available to 54°34.30’ N lat. See Figure 21 in the trawling activities during the same evaluate alternative methods for regulatory language below. period in an ‘‘arc’’ shaped treatment protecting Steller sea lions and their This fishing restriction will be in area that overlaps the treatment area in critical habitat is very limited. Improved effect annually during the period of the preferred alternative. However, information could enhance the March 15 through March 31 in the years because of some differences in shape, effectiveness and efficiency of existing 2003 through 2006. The Council will the area in this alternative restricts protection measures. NMFS and other review the experimental results after trawling activity more than is necessary management agencies and organizations March 2003 to decide whether any to increase the experimental results. have undertaken numerous research changes to the rule are needed in 2004 Closing the area to trawling, but initiatives to learn more about Steller through 2006. allowing an influx of hook-and-line and sea lions and interactions with their The proposed rule for this action was pot gear, may confound the environment, including fishery related published in the Federal Register on experimental results and may lead to effects potentially associated with the January 23, 2003 (68 FR 3225). No gear conflicts when the treatment area is ongoing decline of the western DPS of comments were received during the 15– reopened to trawling in early April. Steller sea lions. day public review and comment period, These negative impacts are mitigated by The goal of the study is to evaluate and no changes are made from the the preferred alternative which adjusts the effects of commercial trawl fishing proposed rule in the final rule. the area of the arc to avoid certain areas on Pacific cod and to test a localized of particular concern to fishermen and Classification depletion hypothesis. This hypothesis prevents new entry by other gear users. states that the commercial fisheries by NMFS has determined that the A third alternative would have used the depleting the local Steller sea lion prey seasonal adjustments of fishery closure same treatment area as the second may adversely affect the critical habitat this rule implements is consistent with alternative, but would have restricted of Steller sea lions. This study is the national standards of the Magnuson- hook-and-line and pot activity as well as designed as a comparison between sites Stevens Act and other applicable laws. trawl activity. However, because of within the area subject to intensive This final rule has been determined to some differences in shape, the area in seasonal trawling and control sites be not significant for purposes of this alternative restricts trawling activity within a nearby zone where trawling is Executive Order 12866. more than is necessary to increase the prohibited and requires that Nothing in this action results in any experimental results. This negative experimental pot gear be deployed changes in reporting or recordkeeping impact is mitigated by the preferred before and after the period of intense requirements. alternative which adjusts the area of the trawl fishing for Pacific cod. NMFS will Species listed under the Endangered arc to avoid areas of particular concern deploy pot fishing gear in the restriction Species Act (ESA) are present in the to fishermen. area during March 15 through March 31, action area. According to an informal This action must be effective by a time period that historically includes consultation completed on November March 15, 2003, to facilitate NMFS’ a less intense rate of fishing during the 25, 2002, no listed species are likely to experiments to evaluate the effects of winter trawl fishery for Pacific cod. This be adversely affected by this action. commercial trawl fishing on Pacific cod time period would reduce the risk of The analysis for this action did not and to help determine whether trawl gear disturbing the experimental reveal any existing Federal rules that commercial fisheries adversely affect pot gear. Pot loss or displacement would duplicate, overlap, or conflict with this the critical habitat of Steller sea lions by lead to economic losses to NMFS and action. depleting the local Steller sea lion prey. would reduce the quality of the An IRFA was prepared prior to The 16–day closure is necessary to information gathered in the study. The publication of the proposed rule. The ensure the quality of the information commercial pot and hook-and-line gear proposed rule was published in the gathered, to prevent losses to NMFS closures are necessary to ensure that Federal Register on January 23, 2003 from gear interactions, and to minimize observed fishing effects are due to trawl (68 FR 3225), and included a summary disruption to trawl fishermen who have fishing and not to additional fishing of the IRFA. The public comment period historically used this area. NMFS

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selected the time period from March 15 Dated: February 28, 2003. March 31, 2006)(i) Description of Cape – 31 for this experiment because it is William T. Hogarth, Sarichef Research Restriction Area. The historically a period of reduced fishing Assistant Administrator for Fisheries, Cape Sarichef Research Restriction Area activity between the two periods of National Marine Fisheries Service. is all waters located outside of the 10 intense trawling activity. This time For the reasons discussed in the nm no trawl area around Cape Sarichef, period also is expected to minimize gear preamble, 50 CFR part 679 is amended as described in Tables 4 and 5 to this conflicts. NMFS worked with the as follows: part, and inside the boundary of the affected industry at the October 2002 following coordinates joined in order by Council meeting to tailor the closed area PART 679—FISHERIES OF THE straight lines (Figure 21 to part 679): ° ° to minimize disruptions to fishing EXCLUSIVE ECONOMIC ZONE OFF 54 30’ N lat., 165 14’ W long.; ° ° activity while accomplishing the goals ALASKA 54 35’ N lat., 165 26’ W long.; 54°48’ N lat., 165°04’ W long.; of the experiment. Delaying this action 1. The authority citation for 50 CFR 54°44’ N lat., 164°56’ W long.; and, for 30 days would unnecessarily part 679 continues to read as follows: ° ° jeopardize the experiment by preventing 54 30’ N lat., 165 14’ W long. Authority: 16 U.S.C. 773 et seq., 1801 et (ii) Closure. The Cape Sarichef the collection of data during this 16–day seq., and 3631 et seq.; Title II of Division C, Research Restriction Area is closed from trawling period. Accordingly, the need Pub. L. 105 277; Sec. 3027, Pub. L. 106 31, March 15 through March 31 to directed to publish this measure in a timely 113 Stat. 57. fishing for groundfish by vessels named manner constitutes good cause under 5 2. In § 679.22, paragraph (a)(11) is on a Federal Fisheries Permit issued U.S.C. 553(d)(3) to waive the 30–day revised to read as follows: under § 679.4(b) and using trawl, pot, or delay in effective date. §679.22 Closures. hook-and-line gear. List of Subjects in 50 CFR Part 679 * * * * * * * * * * (a)* * * 3. Figure 21 to part 679 is added to Alaska, Fisheries, Recordkeeping and (11) Cape Sarichef Research read as follows: reporting requirements. Restriction Area (applicable through BILLING CODE 3510–22–S

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[FR Doc. 03–5173 Filed 3–3–03; 3:16 pm] BILLING CODE 3510–22–C

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Proposed Rules Federal Register Vol. 68, No. 45

Friday, March 7, 2003

This section of the FEDERAL REGISTER 8:30 a.m. to 4:30 p.m., Monday through prepared in the United States. There contains notices to the public of the proposed Friday. was to be a fee for this service, however, issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: and no firm took advantage of it. purpose of these notices is to give interested Robert C. Post, Ph.D., Director, Labeling persons an opportunity to participate in the Provisions in the 2002 Farm Bill and Consumer Protection Staff, FSIS, by rule making prior to the adoption of the final On May 13, 2002, the President rules. telephone at (202) 205–0279 or by fax at (202) 205–3625. signed the Farm Bill into law. The new law amends the Agriculture Marketing SUPPLEMENTARY INFORMATION: DEPARTMENT OF AGRICULTURE Act of 1946 to require retailers to inform Background consumers of the country-of-origin of Food Safety and Inspection Service FSIS published the ANPR (66 FR covered commodities at the point of 41160) in response to the Conference final retail sale. The term ‘‘covered 9 CFR Parts 317 and 327 Report accompanying the Agriculture commodity’’ is defined in the law as 2 muscle cuts of beef (including veal), [Docket No. 00–036W] Appropriations for 2000. The report directed the Secretary of Agriculture, in lamb, and pork; ground beef, lamb, and RIN 0583–AC85 consultation with the affected pork; wild and farm-raised fish and industries, to promulgate regulations to shellfish; perishable agricultural Product Labeling: Defining United define which cattle and fresh beef commodities (fresh fruits and States Cattle and United States Fresh products are ‘‘Products of the U.S.A.’’ vegetables); and peanuts. The Act Beef Products The report also directed the Secretary to directs the Secretary, through AMS, to implement the requirements by AGENCY: determine the terminology that would Food Safety and Inspection September 30, 2004. Service, USDA. best reflect in labeling that such beef products are, in fact, U.S. products. The On October 11, 2002, AMS published ACTION: Notice of withdrawal of advance a notice in the Federal Register (67 FR notice of proposed rulemaking. report stated that clarifying regulations would facilitate the development of 63367) entitled ‘‘Establishment of Guidelines for the Interim Voluntary SUMMARY: The Food Safety and voluntary, value-added promotion Inspection Service (FSIS) is programs that benefit U.S. producers, Country of Origin Labeling of Beef, withdrawing an advance notice of business, industry, consumers, and Lamb, Pork, Fish, Perishable Agricultural Commodities, and Peanuts proposed rulemaking (ANPR) entitled commerce. Under the Authority of the Agricultural ‘‘Product Labeling: Defining United Under the mandate of the Federal Marketing Act of 1946.’’ In accordance States Cattle and United States Fresh Meat Inspection Act (21 U.S.C. 601 et with the notice, during the interim Beef Products,’’ which was published in seq.), FSIS issues regulations to ensure period between the signing of the law the Federal Register on August 7, 2001. that labeling statements about the origin and its implementation date, In the ANPR, the Agency requested of a product are truthful, accurate, and compliance with the guidelines is comments on the need for regulations to not misleading. Under FSIS regulations, voluntary. One of the provisions of the clarify the definition of ‘‘United States producers and processors wishing to Farm Bill is that a retailer of beef, lamb, cattle’’ and ‘‘United States fresh beef make such labeling statements on the labels of products shipped from Federal and pork may designate the covered products,’’ and whether such products meat commodity as having originated in should bear labeling claims that are establishments must submit documentation that verifies that the the United States only if it is different from the claims that are ‘‘exclusively born, raised, and permitted under FSIS’’ current policy. statements are truthful and accurate. The Department’s Agriculture slaughtered in the United States.’’ Under FSIS policy, beef products that As a result of the enactment of the are made from animals that are Marketing Service (AMS) has the authority to establish voluntary Farm Bill, FSIS is withdrawing the documented to have been born, raised, ANPR and will not proceed with further slaughtered, and prepared in the United programs under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621– regulatory action pursuant to this States are permitted to be labeled as rulemaking. USA products. The country-of-origin 1627) to verify/certify the origin of labeling provisions (Section 10816) in animals, which can be reflected in Summary of Comments on the ANPR the Farm Security and Rural Investment labeling statements. However, producers FSIS received 1,036 comments on the Act of 2002 (the Farm Bill) 1 supplant wishing to make such statements are not 2001 ANPR from trade associations, the issues raised in the ANPR and, required to have their production consumer groups, farmers unions of therefore, FSIS is withdrawing the practices verified/certified by an AMS various states, the Canadian ANPR. program. In 1998, AMS proposed Government, the U.S. Chamber of ADDRESSES: Send an original and two program guidelines to certify that Commerce, and citizens/consumers. copies of comments to the FSIS Docket livestock, meat, and meat products are More than 900 comments were from Clerk, Docket # 00–036W, Room 102 eligible to be labeled as ‘‘U.S. Beef’’ write-in campaigns by cattle producers/ Cotton Annex Building, 300 12th Street, because they are derived from animals consumers who support the definition SW., Washington, DC 20250–3700. Any that were born, raised, slaughtered, and for labeling purposes as ‘‘born, raised, comments will be available for public slaughtered, and processed (prepared) 2 Agricultural, Rural Development, Food and inspection in the Docket Room from Drug Administration, and Related Agencies in the United States.’’ There was almost Appropriation Act, 2000 (Public Law 106–78 no support for any other labeling 1 Public Law 107–171 (May 13, 2002). (October 23, 1999). terminology, no support for a petition

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submitted by the beef industry that domestic and foreign products. Some http://www.fsis.usda.gov/oa/ suggested that cattle born outside the called the policy confusing but update.htm. Click on the ‘‘Subscribe to United States and finished in U.S. acceptable, because it was consistent the Constituent Update Listserv’’ link, feedlots for at least 100 days be allowed with international practices. Others then fill out and submit the form. to be labeled as ‘‘Product of the U.S.A.,’’ maintained that it was incumbent upon Signed in Washington, DC on March 3, and a strong interest in maintaining the USDA to authorize a single, universal 2003. existing FSIS policy. According to one term. Garry L. McKee, Several respondents who opposed the respondent, any change in the existing Administrator. policy of FSIS would be costly and meat industry petition, referred to [FR Doc. 03–5363 Filed 3–6–03; 8:45 am] damaging to the industry, provide no above, mentioned a fear of Foot and real benefit for consumers, and Mouth Disease and Bovine Spongiform BILLING CODE 3410–DM–P undermine U.S. efforts in international Encephalopathy. One commenter said negotiations. that it would be devastating to the U.S. Many respondents opposed any livestock industry and to consumer DEPARTMENT OF ENERGY change in FSIS’ country-of-origin confidence if an infected animal or 10 CFR Part 430 labeling policy simply because no product entered the United States and change was warranted. One commenter received a ‘‘Made in USA’’ label. [Docket No. EE–RM/TP–02–001] As a result of Congress’ action, FSIS said that there is no convincing RIN 1904–AB12 evidence that there is a problem that is withdrawing the advance notice of needs to be addressed by additional proposed rulemaking. Comments on Office of Energy Efficiency and Federal regulation. The comment went ‘‘country-of-origin’’ labeling should be Renewable Energy; Energy on to say that applying the current submitted in response to the AMS Conservation Program for Consumer definition for ‘‘USA Beef’’ and ‘‘Fresh published notice entitled Products: Test Procedure for American Beef’’ more broadly to ‘‘Establishment of Guidelines for the Refrigerators and Refrigerator- country-of-origin labels such as Interim Voluntary Country of Origin Freezers ‘‘Product of the USA’’ is not necessary Labeling of Beef, Lamb, Pork, Fish, and would be disruptive. It concluded Perishable Agricultural Commodities AGENCY: Office of Energy Efficiency and that substantiation and verification of and Peanuts under the Authority of the Renewable Energy, Department of ‘‘born, raised, slaughtered, and prepared Agricultural Marketing Act of 1946.’’ Energy. ACTION: Notice of proposed rulemaking. in the United States’’ would be Additional Public Notification unreliable and expensive since there is SUMMARY: no national tracking system for cattle in Public involvement in all segments of This notice of proposed this country. rulemaking and policy development is rulemaking contains an amendment to A trade association director important. Consequently, in an effort to the test procedure for measuring the commented that the introduction of new better ensure that minorities, women, energy consumption of refrigerators and rules for a single product category and persons with disabilities are aware refrigerator-freezers for models with a would not be helpful or acceptable. The of this notice and informed about the long-time automatic defrost function. comment stated that it would only add mechanism for providing their The amendment gives credit for a slight to the inconsistencies and confusion for comments, FSIS will announce it and improvement in energy efficiency industry, regulatory, and U.S. Customs make copies of this Federal Register because the defrost heater on such Service officials. In addition, the publication through the FSIS models of refrigerators and refrigerator- commenter said such a change would Constituent Update. FSIS provides a freezers is not required to heat the set an undesirable precedent for further weekly FSIS Constituent Update, which evaporator from its coldest temperature. processed and other types of products. is communicated via Listserv, a free e- This change in the test procedure will Although there was minimal support mail subscription service. In addition, encourage use of efficiency enhancing for a mandatory program, most the update is available online through technology. Because the amendment to commenters strongly believed that a the FSIS Web page located at http:// the rule is not expected to receive any labeling program should be kept www.fsis.usda.gov. The update is used significant adverse comments, the voluntary. One commenter stated that to provide information regarding FSIS amendment is also being issued as a mandatory labeling should be restricted policies, procedures, regulations, direct final rule in this Federal Register. to protection of consumer health and Federal Register notices, FSIS public DATES: Public comments on the safety. Others cautioned that what is meetings, recalls, and any other types of amendment proposed herein will be acceptable for a voluntary labeling information that could affect or would accepted until April 7, 2003. program would be unacceptable as a be of interest to our constituents and ADDRESSES: Written comments should mandatory program. Voluntary labeling stakeholders. The constituent Listserv be addressed to: Ms. Brenda Edwards- of U.S. beef will be market driven in consists of industry, trade, and farm Jones, U.S. Department of Energy, Office private sector retail and foodservice groups, consumer interest groups, allied of Energy Efficiency and Renewable channels, said the commenter. USDA health professionals, scientific Energy, EE–2J, 1000 Independence should provide certification and audit professionals, and other individuals Avenue, SW, Washington, DC 20585– services for alternative U.S. labels and who have requested to be included. 0121. E-mail address: Brenda.Edwards- allow competitive market forces to Through the Listserv and Web page, [email protected]. You should identify determine the merit of various labels in FSIS is able to provide information to a all such documents both on the the marketplace, the commenter much broader, more diverse audience. envelope and on the documents as concluded. For more information, contact the Energy Conservation Program for Many of the commenters discussed Congressional and Public Affairs Office, Consumer Products: Test Procedures for the inconsistency of USDA’s geographic at (202) 720–9113. To be added to the Refrigerators and Refrigerator-Freezers, labeling policies, the variety of the free e-mail subscription service Docket No. EE–RM/TP–02–001. claims used to certify U.S. origin, and (Listserv), go to the ‘‘Constituent Copies of public comments received the differences in regulations governing Update’’ page on the FSIS Web site at may be read in the Freedom of

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Information Reading Room (Room No. For further supplemental information, Community Affairs, Board of Governors 1E–190) at the U.S. Department of the detailed rationale, and the rule of the Federal Reserve System, Energy, Forrestal Building, 1000 amendment, see the information Washington, DC 20551, at (202) 452– Independence Avenue, SW, provided in the direct final rule in this 3667 or (202) 452–2412. For users of Washington, DC, between the hours of Federal Register. Telecommunications Device for the Deaf 9 a.m. and 4 p.m., Monday through (TDD) only, contact (202) 263–4869. List of Subjects in 10 CFR Part 430 Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Administrative practice and I. Background Michael Raymond, U.S. Department of procedure, Energy conservation, Energy, Office of Energy Efficiency and Household appliances. The Home Mortgage Disclosure Act Renewable Energy, EE–2J, 1000 Issued in Washington, DC, on February 28, (HMDA; 12 U.S.C. 2801–2810) has three Independence Avenue, SW, 2003. purposes. One is to provide the public Washington, DC 20585–0121, (202) 586– David K. Garman, and government officials with data that 9611, e-mail: Assistant Secretary, Energy Efficiency and will help show whether lenders are [email protected]; or Renewable Energy. serving the housing needs of the Francine Pinto, Esq., U.S. Department of [FR Doc. 03–5405 Filed 3–6–03; 8:45 am] neighborhoods and communities in which they are located. A second Energy, Office of General Counsel, GC– BILLING CODE 6450–01–P 72, 1000 Independence Avenue, SW, purpose is to help public officials target Washington, DC 20585, (202) 586–9507, public investment to promote private investment where it is needed. A third e-mail: [email protected]. FEDERAL RESERVE SYSTEM purpose is to provide data that assist in SUPPLEMENTARY INFORMATION: This identifying possible discriminatory Notice of Proposed Rulemaking (NOPR) 12 CFR Part 203 lending patterns and enforcing proposes an amendment to the test [Regulation C; Docket No. R–1145] antidiscrimination statutes. procedure for measuring the energy HMDA accordingly requires certain consumption of refrigerators and Home Mortgage Disclosure depository and for-profit nondepository refrigerator-freezers. The amendment lenders to collect, report, and disclose changes the calculation of the test time AGENCY: Board of Governors of the Federal Reserve System. data about originations, purchases, and period for long-time automatic defrost to refinancings of home purchase and allow for a control capable of timing ACTION: Proposed rule; official staff commentary. home improvement loans. Lenders must defrost to occur other than during a also report data about applications that compressor ‘‘on’’ cycle, thereby taking SUMMARY: In 2002, the Board revised did not result in originations. advantage of the natural warming of the Regulation C and imposed new data The Board’s Regulation C implements evaporator during an ‘‘off’’ cycle, and collection requirements with an HMDA. 12 CFR part 203. Regulation C saving additional energy. The effective date of January 1, 2004. This generally requires that lenders report amendment has no effect on the testing proposal would revise the official staff data about: of refrigerators and refrigerator-freezers commentary to Regulation C to provide • Each application or loan, including that do not have a long-time automatic transition rules for applications received the application date; the action taken defrost system. before January 1, 2004, on which final and the date of that action; the loan Today, the Department of Energy action is taken on or after January 1, amount; the loan type and purpose; and, (Department) is also publishing, 2004. if the loan is sold, the type of purchaser; elsewhere in this issue of the Federal • Each applicant or borrower, Register, a direct final rule that makes DATES: Comments must be received on including ethnicity, race, sex, and the change to this test procedure that is or before April 8, 2003. income; and being proposed in this NOPR. As ADDRESSES: Comments should refer to • Each property, including location explained in the preamble of the direct Docket No. R–1145 and should be and occupancy status. final rule, the Department considers this mailed to Jennifer Johnson, Secretary, Lenders report this information to amendment to be uncontroversial and Board of Governors of the Federal their supervisory agencies on an unlikely to generate any significant Reserve System, 20th Street and application-by-application basis using a adverse or critical comments. If no Constitution Avenue, NW., Washington, loan application register format (HMDA/ significant adverse or critical comments DC 20551, or mailed electronically to LAR) set forth in appendix A to the are received by the Department on the [email protected]. regulation. Each application must be amendment, the direct final rule will Comments addressed to Ms. Johnson recorded within 30 calendar days after become effective on the date specified may also be delivered, between 8:45 the end of each calendar quarter in in that rule, and there will be no further a.m. and 5:15 p.m., to the Board’s mail which final action is taken (such as action on this proposal. If significant facility in the West Courtyard, located origination or purchase of a loan, or adverse or critical comments are timely on 21st Street between Constitution and denial or withdrawal of an application) received on the direct final rule, the C Street, NW. Members of the public on the lender’s HMDA/LAR. Lenders direct final rule will be withdrawn. The may inspect comments in Room MP– must make their HMDA/LARs—with public comments will then be addressed 500 of the Martin Building between 9 certain fields redacted to preserve in a subsequent final rule based on the a.m. and 5 p.m. on weekdays pursuant applicants’ privacy—available to the rule proposed in this NOPR (which is to § 261.12, except as provided in public. The Federal Financial the same as the rule set forth in the § 261.14, of the Board’s Rules Regarding Institutions Examination Council direct final rule). Because the Availability of Information, 12 CFR (FFIEC), acting on behalf of the Department will not institute a second 261.12 and 261.14. supervisory agencies, compiles the comment period on this proposed rule, FOR FURTHER INFORMATION CONTACT: John reported information and prepares an any parties interested in commenting C. Wood, Counsel, Kathleen C. Ryan, individual disclosure statement for each should do so during this comment Senior Attorney, or Dan S. Sokolov, institution, aggregate reports for all period. Attorney, Division of Consumer and covered lenders in each metropolitan

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area, and other reports. These disclosure III. Proposed Guidance for Transition Purpose of Loan—Home Improvement statements and reports are available to from the Current to the Revised Rule and Refinancing the public. Proposed staff comment 4(a)–4 Regulation C requires lenders to II. The 2002 Revisions to Regulation C addresses the collection and reporting of report home improvement loans and certain data items for applications refinancings. The definitions of a home The Board published final revisions to received before January 1, 2004, for improvement loan and a refinancing Regulation C on February 15, 2002, and which final action is taken on or after were substantially revised in the final June 27, 2002 (‘‘the 2002 revisions’’). 67 January 1, 2004. Under the proposed rules adopted in 2002. At the time an FR 7222; 67 FR 43218. The 2002 transition rules, lenders (1) Would not application is taken, lenders must apply revisions include a requirement that have to indicate whether an application these definitions (and the definition of lenders report the difference between a or loan involved a request for a home purchase loan, which has not loan’s annual percentage rate (APR) and preapproval or related to a been revised) to determine whether and the yield on Treasury securities with manufactured homes; and (2) could at how the application or loan must be comparable maturity periods, if the their option continue to apply the reported under HMDA. A home improvement loan is difference equals or exceeds thresholds current definitions of a home currently defined in § 203.2(f) as a loan set by the Board; whether a loan is improvement loan and a refinancing. that is intended in whole or in part for subject to the Home Ownership and They would follow special rules for reporting applicants’ race and ethnicity, home improvement and that the lender Equity Protection Act; the lien status of classifies as a home improvement loan. applications and loans; and whether an to take account of the changed categories. No transition rules are Under the 2002 revisions, dwelling- application or loan involves a secured loans for home improvement manufactured home. Certain definitions provided for reporting the purchaser type, rate spread, whether a loan is purposes must be reported as home have also been revised. The definition of improvement loans, without regard to an application has been revised to subject to HOEPA, and the lien status of applications and originated loans, whether the loans are classified as home include a request for preapproval as improvement loans. Loans for home defined in the regulation, for purposes because information about these items is available at the time of final action. improvement purposes that are not of reporting denials of such requests and dwelling-secured will continue to be identifying loan originations that result In each case, the Board weighed the reported only if the lender classifies the from a request for preapproval. The burden and benefit of applying the loans as home improvement loans. definition of a home improvement loan effective date to applications received A refinancing is defined as a and the definition of a refinancing have before January 1, 2004. The proposed transaction in which a new obligation been revised. In addition, the 2002 comment seeks to preserve the integrity satisfies and replaces an existing revisions require lenders to request of the HMDA data to the extent possible, obligation by the same borrower. while minimizing lender burden. For information on applicants’ ethnicity, Currently, the commentary to § 203.1(c) example, the Board believes that the race, and sex in applications taken by allows lenders to select from among four benefit of data that meet revised telephone, and conform the collection of scenarios in deciding which definitions is not sufficient to warrant data on ethnicity and race to standards refinancings to report: the burden on lenders to begin applying (1) The existing obligation was a established by the Office of Management the revised definitions before January 1, home purchase or home improvement and Budget (OMB) in 1997. 2004, or to ‘‘look back’’ in 2004 to loan, as determined by the lender (for The 2002 revisions were initially determine if data should be reported. example, by reference to available scheduled to take effect on January 1, The proposed rule is discussed below in documents); 2003. In May 2002 the Board delayed the order that the affected data items (2) the applicant states that the the effective date, with two exceptions, appear on the revised HMDA/LAR. For existing obligation was a home purchase to January 1, 2004. 67 FR 30771, May 8, all other data items, the January 1, 2004, or home improvement loan; 2002. The Board based its decision to effective date applies, including the data (3) the existing obligation was secured delay the effective date on a items reported under ‘‘type of by a lien on a dwelling; or determination that some HMDA purchaser’’ and ‘‘other data,’’ as (4) the new obligation will be secured reporters, especially the largest ones, discussed in Part IV. by a lien on a dwelling. would not be able to fully implement Property Type Under the 2002 revisions, reportable the revised rule by January 1, 2003, refinancings are those in which both the without jeopardizing the quality and Currently lenders must report in the existing and the new loans are secured usefulness of the data and incurring ‘‘loan purpose’’ field whether an by a lien on a dwelling. substantial additional implementation application or loan involves a one- to The proposed transition rule will not costs that could be avoided by a four-family or a multifamily dwelling; require lenders to ‘‘look back’’ in postponement. The two exceptions and manufactured homes are reported reporting home improvement loans and related to telephone applications and to as one- to four-family dwellings. The refinancings. The proposed comment 2002 revisions add a new field for provides that for applications received census tract data: (1) For all applications ‘‘property type’’ and require lenders to before January 1, 2004, but for which taken on or after January 1, 2003, identify applications and loans that final action is taken on or after January lenders must ask telephone applicants involve manufactured housing. The 1, 2004, lenders may continue to apply for information on the applicant’s race proposed comment provides that the current definitions. For example, if or national origin and sex; and (2) for all lenders may but need not indicate a lender receives an application in 2003 applications and loans reported on whether an application received before for a loan that the lender does not lenders’ 2003 LARs, lenders must use January 1, 2004, involves manufactured currently classify as a home the census tract numbers and housing. Lenders may report the improvement loan, the lender need not corresponding geographic areas from the property type as a one- to four-family report that application on its 2004 LAR. 2000 Census. dwelling. Similarly, if a lender receives an

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application in 2003 for a home equity introduction of a separate question on sold, there is no need for a transition loan to consolidate credit card debt, and Hispanic ethnicity, complicate the rule. originates the loan in 2004, the lender transition from the current rule to the Other Data may report the loan on its 2004 LAR as revised rule. For example, under the a refinancing if this is the lender’s current rule, code 2 is used for an The 2002 revisions will require practice under the current rule. The applicant whose race is ‘‘Asian or lenders to collect and report new data proposed comment permits lenders to Pacific Islander,’’ while under the 2002 items under ‘‘other data’’ on the 2004 apply the revised definitions to revisions, code 2 is used for an LAR: • applications received before January 1, applicant who is ‘‘Asian,’’ and code 4 is The rate spread on originated loans 2004, at the option of the lender. used for ‘‘Native Hawaiian or Other (excluding unsecured home Pacific Islander.’’ Moreover, while the improvement loans), where the spread Preapproval current classifications for race include (or difference) between the loan’s APR Under the 2002 revisions, lenders ‘‘Hispanic,’’ under the 2002 revisions an and the yield on Treasury securities of must identify whether an application for applicant’s race cannot be identified as comparable maturity meets or exceeds a home purchase loan is a request for a ‘‘Hispanic.’’ Rather, the 2002 revisions certain thresholds; • preapproval as defined in the revised require that an applicant be asked to Whether originated loans and regulation. Currently, requests for identify his or her ethnicity as purchased loans are subject to the Home preapproval are reported only if the ‘‘Hispanic or Latino,’’ or ‘‘not Hispanic Ownership and Equity Protection Act request is approved and results in a or Latino.’’ Thus, if a lender receives an (HOEPA); and • traditional loan application, in which application in 2003 in which the The lien status of applications and case the lender reports on the applicant’s race is identified as originated loans (whether a loan is disposition of that application. The ‘‘Hispanic,’’ and the lender takes final unsecured, or secured by a first or 2002 revisions require lenders to report action on the application in 2004, using subordinate lien on a dwelling). information on requests for preapproval code 4 (the current code for ‘‘Hispanic’’) This information must be reported for that are denied, whether or not they on the 2004 LAR would result in an all loans closed on or after January 1, resulted in a traditional loan erroneous identification of the 2004. No exception is needed, because application; they allow, but do not applicant’s race. information about these items is require, lenders to report requests for Under the transition rules, lenders available at final action. preapproval that are approved but not would report monitoring data collected The 2002 revisions require lenders to accepted by the applicant. during 2003 on the 2004 LAR in use the rate lock date to determine the Lenders have asked whether the accordance with rules set forth in yield on comparable Treasury securities; revised rule requires them to collect 4(a)(iv) of the proposed comment. The lenders must consult the yield on information on requests for preapproval Board believes lenders can implement Treasury securities as of the 15th-of-the- that are received in 2003, on the chance the proposed conversion rules by month prior to the date the rate is that the request might receive final modifying their data collection and locked or set for the final time before the action in 2004. The proposed transition reporting systems. The proposed loan is consummated. Thus, lenders rules provide that lenders may but need comment states that, in the example may have to modify their procedures in not identify requests for preapproval offered above, (1) the lender would 2003 to ensure that they retain the rate received in 2003 as such. For report the applicant’s ethnicity as code lock date for loans that may be applications received before January 1, 1 (‘‘Hispanic or Latino’’) and (2) would consummated after December 31, 2003. 2004, they may use the code for ‘‘not report the applicant’s race as code 7 Lenders may also have to look back to applicable’’ in the preapproval field on (‘‘not applicable’’). the Treasury yields from 2003 for a loan the HMDA/LAR. consummated in 2004, if the rate was IV. Other Revisions locked before January 15, 2004. Lenders Applicant Information The Board has received inquiries from currently are required to make such Changes were made in the 2002 lenders about the applicability of other comparisons to comply with HOEPA revisions to the requirement to collect changes in the 2002 revisions to and Regulation Z (12 CFR part 226). information about an applicant’s applications received before January 1, Historical information on the ethnicity and race, and corresponding 2004, including changes made to ‘‘type appropriate Treasury yields, and a tool changes were made to the codes that of purchaser’’ and the addition of the to assist lenders in calculating the must be used on the HMDA/LAR in data items under ‘‘other data’’ such as spread between a loan’s APR and the 2004. These changes were made to the lien status on an originated loan. Treasury yield will be available to conform collection of information under These data items do not impose a lenders on the Board’s web site in May Regulation C to standards issued by significant burden on lenders to ‘‘look 2003. OMB in 1997 that are used for the 2000 back’’ to applications received in 2003. The Board does not believe that these Census. Thus, the effective date of January 1, requirements warrant an exception to Some racial classifications and codes 2004, remains in place for these the requirement to report the rate spread remain unchanged. For example, the requirements, as discussed below. for all loans closed on or after January classification ‘‘American Indian or 1, 2004. The Board solicits comment, Alaskan Native’’ and its corresponding Type of Purchaser however, on whether there are less code have not changed; the meaning of Section 203.4(a)(8) requires lenders to burdensome alternatives to requiring the classification ‘‘black’’ has been report the type of entity that purchases lenders to use the rate lock date for clarified but not substantively changed a loan that the lender originates (or calculating the rate spread during the by adding the phrase ‘‘or African- purchases) and sells within the same transition period. Lenders could use the American,’’ and the corresponding code calendar year. In 2002 the Board revised date the application was received or the remains the same under the revised the list of the types of purchasers and date of consummation to calculate the rule. the applicable codes. Because the rate spread, or the Board could specify However, changes to other racial lender’s determination as to type of a date (such as January 1, 2004) that classifications and codes, and the purchaser is made when the loan is would not require lenders to look back

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to 2003 to calculate the rate spread. If PART 203—HOME MORTGAGE 2004, lenders must collect data on race lenders used the date of application or DISCLOSURE (REGULATION C) or national origin using the categories in consummation, they would not have to effect in 2003, and must convert the modify their systems because they 1. The authority citation for part 203 data to the codes in effect in 2004 for already capture these dates for current continues to read as follows: reporting purposes, using the following reporting requirements. Authority: 12 U.S.C. 2801–2810. conversion guide: The requirements to report HOEPA 2. In Supplement I to part 203, under (A) Ethnicity. The revised Regulation status and lien status do not require an Section 203.4—Compilation of Loan C requires lenders to request an exception to the effective date. HOEPA Data, under 4(a) Data Format and applicant’s ethnicity first (Hispanic or status is required only on originated and Itemization, a new paragraph 4 is added: Latino, Not Hispanic or Latino), and purchased loans, and is determined SUPPLEMENT I to PART 203—STAFF then to request the applicant’s race. The based on the difference between the COMMENTARY HMDA/LAR has been revised APR at consummation and the yield on accordingly, so that ethnicity and race Treasury securities with comparable * * * * * are distinct fields. maturity periods; or on the total points Section 203.4—Compilation of Loan (1) If code 4 (Hispanic) was entered and fees charged for the loan. A lender Data for race under the 2003 codes, use code may have to research Treasury yields 4(a) Data Format and Itemization. 1 (Hispanic or Latino) for reporting from 2003 depending on when the ethnicity. application was received; however, as * * * * * (2) If code 1, 2, 3, 5, 6, or 8 was with the rate spread, historical fl 4. Transition rules for applications entered for race under the 2003 codes, information on Treasury yields is received before January 1, 2004, when use code 4 (not applicable) for reporting readily available. final action is taken on or after January 1, 2004. For applications received before ethnicity. For lien status, the 2002 revisions January 1, 2004, on which final action (3) If code 7 (information not provide that lenders may rely on the is taken on or after January 1, 2004, data best information readily available to provided by applicant in mail or must be collected and reported on the telephone application) was entered for them at the time of final action (in HMDA LAR under the revised 2004). 67 FR 43218, 43227, June 27, race under the 2003 codes, use code 3 Regulation C that takes effect on January (information not provided by applicant 2002. Thus, lenders will not have to 1, 2004, subject to the exceptions for look back to 2003 to report lien status. in mail, Internet, or telephone property type, loan purpose, requests for application) for reporting ethnicity. V. Form of Comment Letters preapproval, and applicant information B. Race. set forth in this comment. Comment letters should refer to i. Property type. Lenders need not (1) If the applicant’s race was Docket No. R–1145 and, when possible, determine whether an application identified as American Indian or should use a standard typeface with a received before January 1, 2004 involves Alaskan Native, Black, or White under font size of 10 or 12; this will enable the a manufactured home, and may report the 2003 codes, use the corresponding Board to convert text submitted in paper the property type as 1- to 4-family. code for 2004. For example, if code 3 form to machine-readable form through ii. Loan purpose. For applications (Black) was entered for race in 2003, use electronic scanning, and will facilitate received before January 1, 2004, lenders code 3 (Black or African-American). automated retrieval of comments for may use the definitions of a home (2) If the applicant’s race was review. Comments may be mailed improvement loan and a refinancing identified as Asian or Pacific Islander in electronically to that were in effect in 2003. For example, 2003, use code 2 (Asian). [email protected]. If a lender need not report data on an (3) If the applicant’s race was accompanied by an original document application received before January 1, identified as Hispanic in 2003, use code 2004, for a dwelling-secured loan made in paper form, comments may also be 7 (not applicable). submitted on 31⁄2 inch computer for the purpose of home improvement, diskettes in any IBM-compatible DOS- if the lender did not classify the loan as (4) If the applicant’s race was or Windows-based format. a home improvement loan. Similarly, a identified as code 6 (Other) in 2003, use lender may report data on an code 7 (not applicable). VI. Solicitation of Comments Regarding application for a refinancing received in (5) If the applicant’s race was the Use of ‘‘Plain Language’’ 2003 whether or not the existing identified as code 7 (Information not Section 722 of the Gramm-Leach- obligation was secured by a lien on a provided by applicant in mail or Bliley Act of 1999 requires the Board to dwelling. telephone application) in 2003, use code use ‘‘plain language’’ in all proposed iii. Requests for preapproval. Lenders 6 (Information not provided by and final rules published after January need not report requests for preapproval applicant in mail, Internet, or telephone 1, 2000. The Board invites comments on (as that term is defined in § 203.2(b)(2) application). whether the proposed commentary is of the revised Regulation C) received (6) If code 8 (Not applicable) was used clearly stated and effectively organized, before January 1, 2004, that do not result in 2003, use code 7 (Not applicable). fi in a loan application. Lenders need not and how the Board might make the * * * * * commentary easier to understand. specify whether an application for a home purchase loan application By order of the Board of Governors of the List of Subjects in 12 CFR part 203 involved a request for preapproval, and Federal Reserve System, acting through the should use code 3 (not applicable) in Director of the Division of Consumer and Banks, Banking, Federal reserve the preapproval field on the LAR. Community Affairs under delegated system, Mortgages, Reporting and authority, March 3, 2003. Lenders may at their option, report recordkeeping requirements. requests for preapproval that are denied Robert deV. Frierson, For the reasons set forth in the or that are approved but not accepted. Deputy Secretary of the Board. preamble, the Board proposes to amend iv. Applicant information. For [FR Doc. 03–5365 Filed 3–6–03; 8:45 am] 12 CFR part 203 as follows: applications received before January 1, BILLING CODE 6210–01–P

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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Jim modification of the pedal unit. Grigg, Aviation Safety Engineer, FAA, Eurocopter Alert Service Bulletin No. Federal Aviation Administration Rotorcraft Directorate, Rotorcraft 67.00.19, dated July 23, 2001, describes Standards Staff, Fort Worth, Texas the dye-penetrant inspection of the 14 CFR Part 39 76193–0110, telephone (817) 222–5490, pedal units, and Eurocopter Alert fax (817) 222–5961. Service Bulletin No. 67.00.20, dated [Docket No. 2001–SW–07–AD] SUPPLEMENTARY INFORMATION: June 8, 2001, describes replacing the pilot’s and co-pilot’s pedal adjustment RIN 2120–AA64 Comments Invited levers. The Direction Generale De Airworthiness Directives; Eurocopter Interested persons are invited to L’Aviation Civile, which is the France Model AS332C, L, L1, and L2 participate in the making of the airworthiness authority for France, has Helicopters proposed rule by submitting such classified these alert service bulletins as written data, views, or arguments as mandatory and issued AD Nos. 2000– AGENCY: Federal Aviation they may desire. Communications 487–017(A)R1 and 2000–486–077(A)R1, Administration, DOT. should identify the Rules Docket both dated September 05, 2001, to ACTION: Supplemental notice of number and be submitted in triplicate to ensure the continued airworthiness of proposed rulemaking; reopening of the address specified above. All these helicopters in France. comment period. communications received on or before We have determined that we should the closing date for comments, specified incorporate the latest manufacturer’s SUMMARY: This document revises an above, will be considered before taking service information into our proposal, earlier proposed airworthiness directive action on the proposed rule. The eliminate the proposed borescope (AD) for Eurocopter France Model proposals contained in this document inspection, and mandate terminating AS332C, L, L1, and L2 helicopters that may be changed in light of the actions for this unsafe condition. would have required inspecting the comments received. Therefore, since these changes expand cockpit pedal unit adjustment lever Comments are specifically invited on the scope of the originally proposed (lever) for a crack at specified time the overall regulatory, economic, rule, the FAA has determined that it is intervals by either a borescope or by a environmental, and energy aspects of necessary to reopen the comment period dye-penetrant inspection and replacing the proposed rule. All comments to provide additional opportunity for any cracked lever with an airworthy submitted will be available, both before public comment. lever before further flight. That proposal and after the closing date for comments, The FAA estimates that 3 helicopters was prompted by reports of cracks in the Rules Docket for examination by of U.S. registry would be affected by this detected in the lever. This action revises interested persons. A report proposed AD, that it would take the proposed rule by eliminating the summarizing each FAA-public contact approximately 5 work hours to borescope inspection and by requiring a concerned with the substance of this accomplish the dye-penetrant modification that is a terminating action proposal will be filed in the Rules inspection; 5 work hours to remove and for the requirements of the proposal. Docket. replace the pedal unit assembly with a The actions specified by this proposed Commenters wishing the FAA to new pedal assembly; or 6 work hours to AD are intended to prevent failure of the acknowledge receipt of their mailed remove, modify, and replace the lever, loss of access to the brake pedals comments submitted in response to this modified pedal unit assembly. The on the ground or loss of yaw control in proposal must submit a self-addressed, average labor rate is $60 per work hour. flight, and subsequent loss of control of stamped postcard on which the Required parts would cost the helicopter. following statement is made: approximately $4,990 for replacing a ‘‘Comments to Docket No. 2001–SW– cracked pedal unit assembly with a new DATES: Comments must be received on 07–AD.’’ The postcard will be date pedal unit assembly, or $290 for or before May 6, 2003. stamped and returned to the modifying the installed pedal unit. ADDRESSES: Submit comments in commenter. Based on these figures, the total cost triplicate to the Federal Aviation impact of the proposed AD on U.S. Administration (FAA), Office of the Discussion operators is estimated to be $16,770 to Regional Counsel, Southwest Region, A proposal to amend 14 CFR part 39 replace the pedal unit assembly Attention: Rules Docket No. 2001–SW– to add an AD for Eurocopter France throughout the entire fleet, or $2,730 to 07–AD, 2601 Meacham Blvd., Room Model AS332C, L, L1, and L2 modify the pedal unit for the entire 663, Fort Worth, Texas 76137. You may helicopters was published as an NPRM fleet, assuming one dye-penetrant also send comments electronically to in the Federal Register on October 31, inspection regardless of which method the Rules Docket at the following 2001 (66 FR 54960). That NPRM would of compliance is applicable. address: [email protected]. have required inspecting the lever for a The regulations proposed herein Comments may be inspected at the crack and replacing any unairworthy would not have a substantial direct Office of the Regional Counsel between lever, P/N 332A27–2344–20, with an effect on the States, on the relationship 9 a.m. and 3 p.m., Monday through airworthy lever. That NPRM was between the national Government and Friday, except Federal holidays. prompted by reports of cracks detected the States, or on the distribution of The service information referenced in in the lever. That condition, if not power and responsibilities among the the proposed rule may be obtained from corrected, could result in failure of the various levels of government. Therefore, American Eurocopter Corporation, 2701 lever, loss of access to the brake pedals it is determined that this proposal Forum Drive, Grand Prairie, Texas on the ground or loss of yaw control in would not have federalism implications 75053–4005, telephone (972) 641–3460, flight, and subsequent loss of control of under Executive Order 13132. fax (972) 641–3527. This information the helicopter. For the reasons discussed above, I may be examined at the FAA, Office of Since the issuance of that NPRM, certify that this proposed regulation (1) the Regional Counsel, Southwest Eurocopter France has issued new is not a ‘‘significant regulatory action’’ Region, 2601 Meacham Blvd., Room service information that eliminates the under Executive Order 12866; (2) is not 663, Fort Worth, Texas. borescope inspection and specifies a a ‘‘significant rule’’ under the DOT

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Regulatory Policies and Procedures (44 TIS and thereafter at intervals not to exceed DEPARTMENT OF TRANSPORTATION FR 11034, February 26, 1979); and (3) if 1,500 hours TIS, perform a dye-penetrant promulgated, will not have a significant inspection of the lever, P/N 332A27.2344.20, Federal Aviation Administration economic impact, positive or negative, in accordance with paragraph 2.B. of the on a substantial number of small entities Accomplishment Instructions in Eurocopter 14 CFR Part 39 Alert Service Bulletin (ASB) No. 67.00.19, under the criteria of the Regulatory [Docket No. 2003–CE–05–AD] Flexibility Act. A copy of the draft dated July 23, 2001, except returning levers regulatory evaluation prepared for this and reporting to the manufacturer are not RIN 2120–AA64 action is contained in the Rules Docket. required. Airworthiness Directives; SOCATA— A copy of it may be obtained by (b) For helicopters with less than 4,450 Groupe AEROSPATIALE Models TB 9, contacting the Rules Docket at the hours TIS, on or before accumulating 4,500 TB 10, TB 20, TB 21, TB 200, TMB 700, location provided under the caption hours TIS, and thereafter at intervals not to Rallye 100S, Rallye 150T, Rallye 150ST, ADDRESSES. exceed 1,500 hours TIS, perform a dye- penetrant inspection of the lever, P/N Rallye 235E, and Rallye 235C Airplanes List of Subjects in 14 CFR Part 39 332A27.2344.20, in accordance with AGENCY: Federal Aviation Air transportation, Aircraft, Aviation paragraph 2.B. of the Accomplishment Administration, DOT. safety, Safety. Instructions in ASB No. 67.00.19, dated July 23, 2001, except returning levers and ACTION: Notice of proposed rulemaking The Proposed Amendment reporting to the manufacturer are not (NPRM). Accordingly, pursuant to the required. SUMMARY: This document proposes to authority delegated to me by the (c) Replace any cracked lever with an adopt a new airworthiness directive Administrator, the Federal Aviation airworthy lever before further flight. (AD) that would apply to all SOCATA— Administration proposes to amend part (d) Before June 5, 2003, modify the pedal Groupe AEROSPATIALE (SOCATA) 39 of the Federal Aviation Regulations unit and replace the adjustment levers in Models TB 9, TB 10, TB 20, TB 21, TB (14 CFR part 39) as follows: accordance with the Accomplishment 200, TMB 700, Rallye 100S, Rallye Instructions, Paragraph 2, in ASB No. 150T, Rallye 150ST, Rallye 235E, and PART 39—AIRWORTHINESS 67.00.20, dated June 8, 2001. Modifying the Rallye 235C airplanes. This proposed DIRECTIVES pedal unit and replacing the adjustment AD would require you to replace certain levers in accordance with ASB 67.00.20, safety belts and restraint systems. This 1. The authority citation for part 39 dated June 8, 2001, is a terminating action for proposed AD is the result of mandatory continues to read as follows: the requirements of this AD. continuing airworthiness information Authority: 49 U.S.C. 106(g), 40113, 44701. (e) An alternative method of compliance or adjustment of the compliance time that (MCAI) issued by the airworthiness § 39.13 [Amended] provides an acceptable level of safety may be authority for France. The actions 2. Section 39.13 is amended by used if approved by the Manager, Regulations specified by this proposed AD are adding a new airworthiness directive to Group, Rotorcraft Directorate, FAA. intended to prevent failure of the safety read as follows: Operators shall submit their requests through belts and restraint systems caused by Eurocopter France: Docket No. 2001–SW– an FAA Principal Maintenance Inspector, inadvertent opening of this equipment, 07–AD. who may concur or comment and then send which could result in bodily injury to Applicability: Model AS332C, L, L1, and it to the Manager, Regulations Group. the occupant during turbulence or L2 helicopters, with a pilot or co-pilot anti- landing. Note 2: Information concerning the torque pedal adjustment lever (lever), part existence of approved alternative methods of DATES: The Federal Aviation number (P/N) 332A27.2344.20, that has not Administration (FAA) must receive any been modified in accordance with MOD compliance with this AD, if any, may be 0726179, installed, certificated in any obtained from the Regulations Group. comments on this proposed rule on or category. (f) Special flight permits will not be issued. before April 29, 2003. Note 1: This AD applies to each helicopter Note 3: The subject of this AD is addressed ADDRESSES: Submit comments to FAA, identified in the preceding applicability in Direction Generale De L’Aviation Civile Central Region, Office of the Regional provision, regardless of whether it has been (France) AD Nos. 2000–487–017(A)R1 and Counsel, Attention: Rules Docket No. otherwise modified, altered, or repaired in 2000–486–077(A)R1, both dated September 2003–CE–05–AD, 901 Locust, Room the area subject to the requirements of this 5, 2001. 506, Kansas City, Missouri 64106. You AD. For helicopters that have been modified, may view any comments at this location altered, or repaired so that the performance Issued in Fort Worth, Texas, on February between 8 a.m. and 4 p.m., Monday of the requirements of this AD is affected, the 20, 2003. owner/operator must request approval for an through Friday, except Federal holidays. alternative method of compliance in Eric Bries, You may also send comments accordance with paragraph (e) of this AD. Acting Manager, Rotorcraft Directorate, electronically to the following address: The request should include an assessment of Aircraft Certification Service. 9–ACE–7–[email protected]. Comments the effect of the modification, alteration, or [FR Doc. 03–5250 Filed 3–6–03; 8:45 am] sent electronically must contain repair on the unsafe condition addressed by BILLING CODE 4910–13–P ‘‘Docket No. 2003–CE–05–AD’’ in the this AD; and if the unsafe condition has not subject line. If you send comments been eliminated, the request should include electronically as attached electronic specific proposed actions to address it. files, the files must be formatted in Compliance: Required as indicated, unless Microsoft Word 97 for Windows or accomplished previously. ASCII text. To prevent failure of the lever, loss of You may get service information that braking ability on the ground or loss of yaw control in flight, and subsequent loss of applies to this proposed AD from control of the helicopter, accomplish the SOCATA—Groupe AEROSPATIALE, following: Customer Support, Aerodrome Tarbes- (a) For helicopters with 4,450 or more Ossun-Lourdes, BP 930–F65009 Tarbes hours time-in-service (TIS), within 50 hours Cedex, France; telephone: 011 33 5 62

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41 73 00; facsimile: 011 33 5 62 41 76 Are There Any Specific Portions of This 200, TMB 700, Rallye 100S, Rallye 54; or the Product Support Manager, Proposed AD I Should Pay Attention 150T, Rallye 150ST, Rallye 235E, and SOCATA—Groupe AEROSPATIALE, To? Rallye 235C airplanes. The DGAC North Perry Airport, 7501 Pembroke The FAA specifically invites reports inadvertent opening of the Road, Pembroke Pines, Florida 33023; comments on the overall regulatory, Anjou Aeronautique/TRW Repa S.A./ telephone: (954) 894–1160; facsimile: economic, environmental, and energy L’Aiglon Types 343, 343–1, 343–1, (954) 964–4141. You may also view this aspects of this proposed rule that might 343M, 343AM, 343B, 343BM, 343C, information at the Rules Docket at the suggest a need to modify the proposed 343CM, and 343D safety belts and address above. rule. You may view all comments we restraint systems. FOR FURTHER INFORMATION CONTACT: Karl receive before and after the closing date Further investigation into this subject Schletzbaum, Aerospace Engineer, FAA, of the proposed rule in the Rules found that a Model TBM 700 airplane Small Airplane Directorate, 901 Locust, Docket. We will file a report in the was involved in a fatal accident on Room 301, Kansas City, Missouri 64106; Rules Docket that summarizes each March 25, 2002. The report on this telephone: (816) 329–4146; facsimile: contact we have with the public that accident indicated that the pilot’s seat (816) 329–4090. concerns the substantive parts of this belt buckle was broken and that all seat SUPPLEMENTARY INFORMATION: proposed AD. belts in the aircraft would snap open Comments Invited How Can I Be Sure FAA Receives My when given a sharp jerk. The belts involved were all Type 343–1 belts. The How Do I Comment on This Proposed Comment? report also noted that belts tested in AD? If you want FAA to acknowledge the several other TBM 700 airplanes at a The FAA invites comments on this receipt of your mailed comments, you must include a self-addressed, stamped nearby hangar were found to snap open proposed rule. You may submit when given the quick-jerk test. whatever written data, views, or postcard. On the postcard, write arguments you choose. You need to ‘‘Comments to Docket No. 2003–CE–05– What Are the Consequences if the include the rule’s docket number and AD.’’ We will date stamp and mail the Condition Is Not Corrected? submit your comments to the address postcard back to you. Failure of the safety belts and restraint specified under the caption ADDRESSES. Discussion We will consider all comments received systems caused by inadvertent opening on or before the closing date. We may What Events Have Caused This of this equipment could result in bodily amend this proposed rule in light of Proposed AD? injury to the occupant during comments received. Factual information The Direction Ge´ne´rale de l’Aviation turbulence or landing. that supports your ideas and suggestions Civile (DGAC), which is the Is There Service Information That is extremely helpful in evaluating the airworthiness authority for France, Applies to This Subject? effectiveness of this proposed AD action recently notified FAA that an unsafe and determining whether we need to condition may exist on all SOCATA SOCATA has issued the following take additional rulemaking action. Models TB 9, TB 10, TB 20, TB 21, TB service letters for the affected airplanes:

Models Service letter

TB 9, TB 10, TB 20, TB 21, and TB 200 ...... SL 10–057, dated June 2002. TMB 700 ...... SL 70–027, dated June 2002. Rallye 100S, Rallye 150T, Rallye 150ST, Rallye 235E, and Rallye 235C ...... SL 023, dated June 2002.

What Are the Provisions of This Service States under the provisions of § 21.29 of of the same type design that are on the Information? the Federal Aviation Regulations (14 U.S. registry; The service letters include procedures CFR 21.29) and the applicable bilateral —The actions specified in the for: airworthiness agreement. previously-referenced service Pursuant to this bilateral —Repetitive visual inspections of the airworthiness agreement, the DGAC has information should be accomplished seat belt assembly; and kept FAA informed of the situation on the affected airplanes; and —Replacement of the seat belt assembly. described above. —AD action should be taken in order to correct this unsafe condition. What Action Did the DGAC Take? The FAA’s Determination and an The DGAC classified these service Explanation of the Provisions of This What Would This Proposed AD Require? letters as mandatory and, in order to Proposed AD ensure the continued airworthiness of This proposed AD would require you What Has FAA Decided? these airplanes in France, issued the to replace the Anjou Aeronautique/TRW following French ADs: The FAA has examined the findings Repa S.A./L’Aiglon Types 343, 343–1, —AD Number 2002–104(AB), dated of the DGAC; reviewed all available 343–1, 343M, 343AM, 343B, 343BM, February 20, 2002; and information, including the service 343C, 343CM, and 343D safety belts and —AD Number 2002–105(AB), dated information referenced above; and restraint systems. February 20, 2002. determined that: —The unsafe condition referenced in Cost Impact Was This in Accordance With the this document exists or could develop Bilateral Airworthiness Agreement? How Many Airplanes Would This on other SOCATA Models TB 9, TB Proposed AD Impact? These airplane models are 10, TB 20, TB 21, TB 200, TMB 700, manufactured in France and are type Rallye 100S, Rallye 150T, Rallye We estimate that this proposed AD certificated for operation in the United 150ST, Rallye 235E, and Rallye 235C affects 617 airplanes in the U.S. registry:

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How How What Would Be the Cost Impact of This Models many Models many Proposed AD on Owners/Operators of the Affected Airplanes? TB 9, TB 10, TB 20, TB 21, and Rallye 100S, Rallye 150T, Rallye TB 2 ...... 420 150ST, Rallye 235E, and Rallye We estimate the following costs to 235C ...... 39 accomplish the proposed seat belt TBM 700 ...... 158 assembly replacement for Models TB 9, TB 10, TB 20, TB 21, and TB 200 airplanes:

Total cost per Total cost Labor cost Parts cost airplane on U.S. operators

2 workhours × $60 per hour = $120 for all 4 seats 4 seats × $83 (each seat belt assembly) = $332 $452 $452 × 420 = $189,840

We estimate the following costs to accomplish the proposed seat belt assembly replacement for Model TBM 700 airplanes:

Total cost Labor cost Parts cost Total cost on U.S. per airplane operators

3 workhours × $60 per hour = $180 for all 6 seats 6 seats × $135 (each seat belt assembly) = $810 $990 $990 × 158 = $156,420

We estimate the following costs to accomplish the proposed seat belt assembly replacement for Models Rallye 100S, Rallye 150T, Rallye 150ST, Rallye 235E, and Rallye 235C airplanes:

Total cost Total cost on U.S. op- Labor cost Parts cost per airplane erators

2 workhours × $60 per hour = $120 for all 4 seats 4 seats × $33 (each seat belt assembly) = $132 $252 $252 × 39 = $9,828

Regulatory Impact on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. under the criteria of the Regulatory Would This Proposed AD Impact § 39.13 [Amended] Flexibility Act. A copy of the draft Various Entities? regulatory evaluation prepared for this 2. FAA amends § 39.13 by adding a The regulations proposed herein action has been placed in the Rules new airworthiness directive (AD) to would not have a substantial direct Docket. A copy of it may be obtained by read as follows: effect on the States, on the relationship contacting the Rules Docket at the Socata—Groupe Aerospatiale: Docket No. between the national government and location provided under the caption 2003–CE–05–AD. the States, or on the distribution of ADDRESSES. (a) What airplanes are affected by this AD? This AD affects Models TB 9, TB 10, TB 20, power and responsibilities among the List of Subjects in 14 CFR Part 39 various levels of government. Therefore, TB 21, TB 200, TMB 700, Rallye 100S, Rallye it is determined that this proposed rule Air transportation, Aircraft, Aviation 150T, Rallye 150ST, Rallye 235E, and Rallye would not have federalism implications safety, Safety. 235C airplanes, all serial numbers, that are certificated in any category. under Executive Order 13132. The Proposed Amendment (b) Who must comply with this AD? Would This Proposed AD Involve a Accordingly, under the authority Anyone who wishes to operate any of the Significant Rule or Regulatory Action? airplanes identified in paragraph (a) of this delegated to me by the Administrator, AD must comply with this AD. For the reasons discussed above, I the Federal Aviation Administration (c) What problem does this AD address? certify that this proposed action (1) is proposes to amend part 39 of the The actions specified by this AD are intended not a ‘‘significant regulatory action’’ Federal Aviation Regulations (14 CFR to prevent failure of the safety belts and under Executive Order 12866; (2) is not part 39) as follows: restraint systems caused by inadvertent opening of this equipment, which could a ‘‘significant rule’’ under DOT PART 39—AIRWORTHINESS result in bodily injury to the occupant during Regulatory Policies and Procedures (44 DIRECTIVES turbulence or landing. FR 11034, February 26, 1979); and (3) if (d) What actions must I accomplish to promulgated, will not have a significant 1. The authority citation for part 39 address this problem? To address this economic impact, positive or negative, continues to read as follows: problem, you must accomplish the following:

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Actions Compliance Procedures

(1) For Models TB 9, TB 10, TB 20, TB 21, TB Within the next 100 hours time-in-service In accordance with EADS SOCATA Service 200, replace the Anjou Aeronautique/TRW (TIS) after the effective date of this AD, un- Letter SL 10–057, dated June 2002, and Repa S.A./L’Aiglon Types 343, 343–1, 343– less already accomplished. the applicable airplane maintenance man- 1, 343M, 343AM, 343B, 343BM, 343C, ual. 343CM, and 343D safety belts and restraint systems, as follows. (i) Replace safety type belt (2 points) with SOCATA part number (P/N) Z00.N6003987223 or FAA-approved equiva- lent P/N. (ii) Replace safety type belt (3 points) with SOCATA P/N Z00.N6003987224 or FAA-ap- proved equivalent P/N.

(2) For Model TMB 700, replace the Anjou Within the next 100 hours time-in-service In accordance with EADS SOCATA Service Aeronautique/TRW Repa S.A./L’Aiglon Types (TIS) after the effective date of this AD, un- Letter SL 70–027, dated June 2002, and 343, 343–1, 343–1, 343M, 343AM, 343B, less already accomplished. the applicable maintenance manual. 343BM, 343C, 343CM, and 343D safety belts and restraint systems, as follows. (i) Replace safety type belt P/N T700A2510007103 (gray or beige color) with SOCATA P/N T700A251000710900 (gray) or P/N T700A251000711600 (beige), or FAA- approved equivalent P/Ns. (ii) Replace safety type belt P/N T700A2510007104 (gray or beige color) with SOCATA P/N T700A251000711000 (gray) or P/N T700A251000711700 (beige), or FAA- approved equivalent P/Ns. (iii) Replace safety type belt P/N T700A2510007105 (gray or beige color) with SOCATA P/N T700A251000710800 (gray) or P/N T700A251000711500 (beige), or FAA- approved equivalent P/Ns.

(3) For Models Rallye 100S, Rallye 150T, Within the next 100 hours time-in-service In accordance with EADS SOCATA Service Rallye 150ST, Rallye 235E, and Rallye 235C, (TIS) after the effective date of this AD, un- Letter SL 023, dated June 2002, and the replace the Anjou Aeronautique/TRW Repa less already accomplished. applicable airplane maintenance manual. S.A./L’Aiglon Types 343, 343–1, 343–1, 343M, 343AM, 343B, 343BM, 343C, 343CM, and 343D safety belts and restraint systems with SOCATA P/N Z00.N6003987223 or FAA-approved equivalent P/N.

(4) On any affected models, do not install any As of the effective date of this AD ...... Not applicable. Anjou Aeronautique/TRW Repa S.A./L’Aiglon Types 343, 343–1, 343–1, 343M, 343AM, 343B, 343BM, 343C, 343CM, and 343D safe- ty belts and restraint systems.

(e) Can I comply with this AD in any other assessment of the effect of the modification, the documents referenced in this AD from way? You may use an alternative method of alteration, or repair on the unsafe condition SOCATA Groupe AEROSPATIALE, Customer compliance or adjust the compliance time if: addressed by this AD; and, if you have not Support, Aerodrome Tarbes-Ossun-Lourdes, (1) Your alternative method of compliance eliminated the unsafe condition, specific BP 930—F65009 Tarbes Cedex, France; provides an equivalent level of safety; and actions you propose to address it. telephone: 011 33 5 62 41 73 00; facsimile: (2) The Standards Office Manager, Small (f) Where can I get information about any 011 33 5 62 41 76 54; or the Product Support Airplane Directorate, approves your already-approved alternative methods of alternative. Submit your request through an Manager, SOCATA—Groupe compliance? Contact Karl Schletzbaum, AEROSPATIALE, North Perry Airport, 7501 FAA Principal Maintenance Inspector, who Aerospace Engineer, FAA, Small Airplane Pembroke Road, Pembroke Pines, Florida may add comments and then send it to the Directorate, 901 Locust, Room 301, Kansas Standards Office Manager. City, Missouri 64106; telephone: (816) 329– 33023; telephone: (954) 894–1160; facsimile: Note 1: This AD applies to each airplane 4146; facsimile: (816) 329–4090. (954) 964–4141. You may view these identified in paragraph (a) of this AD, (g) What if I need to fly the airplane to documents at FAA, Central Region, Office of regardless of whether it has been modified, another location to comply with this AD? The the Regional Counsel, 901 Locust, Room 506, altered, or repaired in the area subject to the FAA can issue a special flight permit under Kansas City, Missouri 64106. requirements of this AD. For airplanes that sections 21.197 and 21.199 of the Federal Note 2: The subject of this AD is addressed have been modified, altered, or repaired so Aviation Regulations (14 CFR 21.197 and in the following French ADs: that the performance of the requirements of 21.199) to operate your airplane to a location AD Number 2002–104(AB), dated February this AD is affected, the owner/operator must where you can accomplish the requirements 20, 2002; and request approval for an alternative method of of this AD. compliance in accordance with paragraph (e) (h) How do I get copies of the documents AD Number 2002–105(AB), dated February of this AD. The request should include an referenced in this AD? You may get copies of 20, 2002.

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Issued in Kansas City, Missouri, on Forest Trail within the loop drive is 2.5 the Cactus Forest trail is located in the February 28, 2003. miles long. Cactus Forest Loop Drive, an frontcountry natural zone with a Michael Gallagher, 8 mile paved loop road located in the historic zone overlay. The management Manager, Small Airplane Directorate, Aircraft western portion of the Rincon Mountain emphasis of the natural zone is the Certification Service. District, originates from the main conservation of natural resources and [FR Doc. 03–5387 Filed 3–6–03; 8:45 am] entrance and visitor center and is the processes. The plan states that ‘‘In BILLING CODE 4910–13–P only paved road in the park. The Cactus certain locations, uses are allowed that Forest Trail is designed along the do not adversely affect these resources natural topography and vegetation of the and processes.’’ DEPARTMENT OF THE INTERIOR area and meanders through a relatively The park’s trail plan for the Cactus even elevation with rolling hills and Forest section of the Rincon Mountain National Park Service gentle peaks. The trail is lined with a District was completed in 1991. In variety and abundance of desert trees addition to hiking and equestrian use, 36 CFR Part 7 and shrubs. the plan proposed that the Cactus Forest Trail inside the Cactus Forest Loop RIN 1024–AD10 Legislation and Purposes of Saguaro Road be open to bicycle use for a one- National Park Special Regulations, Areas of the year trial period. The plan also Saguaro National Park was initially National Park System; Saguaro proposed the monitoring program reserved as a national monument on National Park, Designated Bicycle designed to evaluate the environmental March 1, 1933 (Proclamation No. 2032, Routes and social impacts of mountain bike use 47 Stat. 2557), and transferred from the on the trail. The park adopted the plan’s AGENCY: National Park Service, Interior. Forest Service, U.S. Dept. of proposal and the trial period was ACTION: Proposed rule. Agriculture, to the National Park Service extended for more than 10 years. The on August 10, 1933. This area was of monitoring plan results indicated, SUMMARY: The National Park Service outstanding scientific interest because overall, that any adverse impacts (NPS) has proposed this rule to of the exceptional growth of various associated with bicycle use was designate a route where bicycles may be species of cacti, including the so-called negligible. used off road in Saguaro National Park. giant saguaro cactus. Proclamation 3439 Since 1992, bicyclists, pedestrians, This rule is necessary because the NPS (November 16, 1961), enlarged the and equestrians were allowed to use the regulations for bicycle use off park roads boundaries of the Saguaro National portion of the Cactus Forest Trail within in units of the National Park System Monument to include certain lands the paved loop drive area. Recently, it require that a special regulation be within the Tucson Mountains was brought to the Park’s attention that promulgated in order to allow use on containing a remarkable display of National Park Service regulations trails outside of developed park areas. relatively undisturbed lower Sonoran appear to require promulgation of a DATES: Comments must be received by desert vegetation, including a special regulation to permit bicycle use May 6, 2003. spectacular saguaro stand. Public Law along the 2.5-mile section of the Cactus 94–567 (October 1976) designated parts ADDRESSES: Comments may be sent to Forest Trail. In reviewing the actions of Saguaro National Monument as a the Superintendent, Saguaro National leading to the opening of this trail for wilderness area, known as the Saguaro Park, 3693 South Old Spanish Trail, mountain bike use over ten years ago, Wilderness. Tucson, AZ 85730–5601 E-mail: the Park discovered that the _ _ _ On January 3, 1991 Congress passed requirements in the regulation SAGU Cactus Forest [email protected]. the ‘‘Saguaro National Monument Fax: (520) 733–5183. governing bicycle use had not been Expansion Act of 1991’’ to authorize the followed. While the trail is located in FOR FURTHER INFORMATION CONTACT: Kym addition of approximately 3,540 acres to Hall, Regulations Program Manager, the frontcountry as identified in the the Rincon unit of Saguaro National GMP, the area is designated a natural National Park Service, 1849 C Street, Monument in order to protect, preserve, NW., Room 7248, Washington, DC zone. Under the servicewide and interpret the monument’s resources, regulations, because the trail is not in a 20240. Phone number: (202) 208–4206. and to provide for education and benefit E-mail: [email protected]. developed area or special use zone the to the public. Under the Saguaro park is required by 36 CFR 4.30(b) to SUPPLEMENTARY INFORMATION: National Park Establishment Act of adopt a special regulation to designate Description of Saguaro National Park 1994, Saguaro National Monument was a route for bicycle use. In part the given full recognition and statutory regulations state that: Saguaro National Park is an important protection and renamed a National Park. national resource visited by See 16 U.S.C. 410ZZ. Routes may only be designated for bicycle approximately 755,618 people annually. use based on a written determination that The gross area acreage is 91,445.96 Management Plans such use is consistent with the protection of a park area’s natural, scenic and aesthetic (Federal: 87,156.17; Nonfederal: Saguaro National Park General values, safety considerations and 4,289.79) of which 71,400 acres are Management Plan (GMP) was completed management objectives and will not disturb designated wilderness. Giant saguaro in 1988. The GMP envisions the Rincon wildlife or park resources. Except for routes cacti, unique to the Sonoran Desert, Mountain District as a main attraction designated in developed areas and special sometimes reach a height of 50 feet in for the first-time visitors, with the focus use zones, routes designated for bicycle use this cactus forest, which covers the on the Saguaro forest and the lower shall be promulgated as special regulations. valley floor and the slopes of the Rincon Sonoran desert. Suggested frontcountry (36 CFR 4.30) and Tucson Mountains. The Cactus recreational uses include ‘‘* * * biking, Based on the criteria in the Forest Trail is a multi-use trail (5.3 jogging, picnicking, sunset watching, regulations, and the fact that the trail miles long) that originates at the and horseback riding’’, while the was not identified as being in a northern boundary of the park and ‘‘* * * backcountry wilderness would developed zone in the GMP in 1988, the eventually bisects the Cactus Forest continue to be used primarily by hikers Park determined that it did not then Loop Drive. The segment of the Cactus and horseback riders.’’ In the 1988 plan, have the authority to allow such use on

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the trail. On April 15, 2002, the park impact soils differently than hiking and However, some hikers and equestrians closed the Cactus Forest Trail to bicycle equestrian use. Some monitoring points would feel as though their ability to use and initiated an Environmental show that soil erosion and loss has been experience park resources along the trail Assessment and the special regulation exacerbated by the ‘‘cupping’’ of the is diminished if they see mountain bike process. In addition, the park will be cross-section of the trail that is caused use as incompatible with their desired addressing the bicycle use issue in a by repeated use in the center of the trail. experience. Some hikers and comprehensive way through the new At times, multiple uses occurring on the equestrians may choose to use the trail GMP process that began in September trail have resulted in beneficial impacts less or avoid the trail completely. 2002. The new GMP is scheduled to be by redistributing soils across the trail. However, the multi-use orientation of complete in approximately 2–3 years. Soils may be distributed from the center the trail would be likely to have no Apart from this proposed rule, in the of the trail to the sides by cyclists, and more than minor impacts on a hiker or meantime, bicycles are allowed to use then loosened and redistributed in the equestrian’s ability to experience the paved and unpaved roads in the park center of the trail by horses and hikers. park. This is because a number and pursuant to 36 CFR 4.30(a). Park staff would continue to maintain variety of other trails in the Cactus the trail depending on available staffing Forest area are open to hiking and History of Bicycle Use and funding levels. With proper trail equestrian use only. In the early 1990’s the NPS was in the repair and maintenance, the overall Visitor safety: There would be a process of preparing a trails effect of added visitation on soils would greater potential for visitor accidents management plan for the Cactus Forest be of minor intensity. under this proposed rule in comparison section of the park. During the planning Vegetation: Mountain bike use would to no bicycle use. Mountain bikes process, public scoping revealed that contribute to a greater amount of traveling at higher speeds could some members of the local community disturbance of vegetation from riders inadvertently collide with other and the visiting public were interested dismounting from their bikes onto the recreationists, regardless of their mode in mountain bike trails in the park. side of the trail to yield to another trail of travel. Horses may be frightened by Based on this information, the NPS user or to push their bike uphill. bicyclists and their response may result analyzed the appropriateness of Vegetation that is affected is typically in a number of unsafe situations. Given establishing mountain bike trails. As located in steeper slopes or where the the past record of incidents on this trail, noted above, the park opened that trail curves and is lost through repeated however, reinstating mountain bike use portion of the trail inside the Cactus trampling. Impacts from the added use would not be considered an unsafe use Forest Loop Road to mountain bike use would be of minor intensity. Trail repair if recreationists continued to abide by for a one-year trial period. The park and rehabilitation may offset some of the recommended trail etiquette/rules. monitored the trail for resource and the impacts associated with trailside Overall impacts to visitor safety would social impacts by implementing a vegetation loss. Trailside re-vegetation be negligible to minor in intensity. monitoring plan that included sixteen efforts could help to restore the natural Threatened species: According to the photo-points along the trail. Park staff scene, as well as contribute to a more U.S. Fish and Wildlife Service’s October monitored these locations on a monthly defined trail path. 2001 list of listed, proposed and basis. Wildlife: Wildlife would be frightened candidate species for the area, there are The park recorded approximately or displaced by the presence of visitors. seven species of concern, including four 1,200 bicyclists, or nearly 50% of all However, given the higher speeds that federally listed species (Mexican trail users, on the trail between May 1, mountain bicycles may reach on the spotted owl, cactus ferruginous pygmy- 1992 and June 30, 1993. There were no trail, there may be a greater tendency for owl, lesser long-nosed bat, Gila major incidents or accidents during the cyclists to encounter and frighten topminnow), one delisted species trial period. At the end of the one-year wildlife. There may also be a greater (American peregrine falcon), and two period, the park concluded that tendency for mountain bikers to run species proposed for listing (Chiricahua monitoring data revealed little over smaller vertebrates such as snakes leopard frog, Goodding Onion) that are measurable resource impact caused by on the trail. These factors, along with an known to or might occur in the Rincon bicycle use and the decision was made anticipated increase in the amount of Mountain District where the Cactus to keep the Cactus Forest Trail inside use on the trail are expected to result in Forest Trail is located. the loop road open to bicycle use. The more individual wildlife species being The Goodding onion has not been park continued to monitor the trail for frightened and displaced from the recorded in the Rincon Mountains. The resource damage at the designated immediate area. Overall, the impacts of Cactus Forest Trail is in the same monitoring points, performed patrols, this use on wildlife would be of minor watershed as a drainage that could and engaged in informal contact with intensity. potentially be used to restock Gila visitors using the trail. Continued use of Archeological resources: Reinstating topminnow. However, the Cactus Forest that trail by bicyclists had been bicycle use on the Cactus Forest Trail Trail is well below and disjunct from authorized by the Superintendent’s would not have any additional impacts that drainage, and activities on the Compendium since that time. Until on archeological resources or historic Cactus Forest Trail would have no bicycle use was prohibited in April structures. As with any increase in impact on that drainage or affect its 2002, the trail continued to be a popular visitation, however, there is a greater potential to reintroduce this fish. trail for mountain biking. Much of the possibility that cultural resources could Despite surveys throughout the Rincon trail follows an old two-track road that be discovered and/or damaged. Bicycle Mountains by Saguaro and other NPS was allowed to revegetate and become a use off the trail would not be permitted biological staff, Chiricahua leopard frogs trail. About half the use of the trail is and it is anticipated that visitors would have never been recorded in Saguaro by hikers and equestrians. remain on the trail; therefore, impacts to National Park. Furthermore, the archeological resources and historic proposed action will not affect potential Impacts structures would be negligible. habitat for this frog, which requires Soils: Reinstating mountain bike use Visitor conflicts: Bicyclists would surface water above 3,000′ elevation. would likely result in added visitation view the opportunity for an off-road The Cactus Forest Trail is located over on the trail. This type of use would experience in the park as beneficial. a mile from the known Lesser long-

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nosed bat roost, and neither the trail, scoping was through a public scoping b. Will not cause a major increase in nor any of the activities proposed to letter dated August 2002 and mailed to costs or prices for consumers, occur on it, would be expected to interested and affected parties. A press individual industries, Federal, State, or disturb bats (which forage after dark), or release was mailed to local newspapers. local government agencies, or saguaros or agaves, upon which the bats geographic regions. Compliance With Other Laws forage. Cactus ferruginous pygmy-owls c. Does not have significant adverse (cfpo) have not been confirmed to occur Regulatory Planning and Review effects on competition, employment, in the Park since 1995; however, they (Executive Order 12866) investment, productivity, innovation, or probably inhabit, and may breed, in the This document is not a significant the ability of U.S.-based enterprises to low (<4000′) elevations of the Rincon rule and is not subject to review by the compete with foreign-based enterprises. Mountain District of the Park. Within Office of Management and Budget under the last 20 years, two possible Unfunded Mandates Reform Act Executive Order 12866. detections of this species occurred This rule does not impose an (1) This rule will not have an effect of within a half-mile of the Cactus Forest unfunded mandate on State, local, or $100 million or more on the economy. Trail. Based on the descriptions of tribal governments or the private sector It will not adversely affect in a material recently occupied territories, it does not of more than $100 million per year. The appear that human presence, way the economy, productivity, rule does not have a significant or particularly established presence, is a competition, jobs, the environment, unique effect on State, local or tribal deterrent to owl occupancy of a site. public health or safety, or State, Local, governments or the private sector. American peregrine falcons are or tribal governments or communities. known to occur in the Rincon Mountain (2) This rule will not create a serious Takings (Executive Order 12630) District, and may forage and perch inconsistency or otherwise interfere In accordance with Executive Order around the project area in the non- with an action taken or planned by 12630, the rule does not have significant breeding season. Peregrines may be another agency. Actions taken under takings implications. A taking affected by and try to avoid human this rule will not interfere with other implications assessment is not required. activities on the Cactus Forest Trail; agencies or local government plans, No taking of personal property will however, hiking, riding or biking on an policies, or controls. This is an agency occur as a result of this rule. established trail would be expected to specific rule. The Pima County Parks have negligible to minor impacts on and Recreation Department supports the Federalism (Executive Order 13132) these birds. Five Mexican spotted owl establishment of this rule. In accordance with Executive Order protected activity centers lie within the (3) This rule does not alter the 13132, the rule does not have sufficient Rincon Mountain District above 7000′ budgetary effects of entitlements, grants, federalism implications to warrant the elevation. Designated critical habitat for user fees, or loan programs or the rights preparation of a Federalism Assessment. the owl does not include the Cactus or obligations of their recipients. This This proposed rule only effects use of Forest Trail, nor is the project area rule will have no effects of entitlements, NPS administered lands and waters. It suitable habitat for the owls. grants, user fees, or loan programs or the has no outside affects on other areas and rights or obligations of their recipients. only allows use within a small portion Authorizing Bicycle Use No grants or other forms of monetary of the park. The proposed rule would open the supplements are involved. approximately 2.5 mile section of the (4) This rule does not raise novel legal Civil Justice Reform (Executive Order Cactus Forest Trail located within the or policy issues. This rule simply 12988) Cactus Forest Drive loop to mountain implements the servicewide bicycle In accordance with Executive Order biking on a permanent basis. The park regulation with respect to a specific 12988, the Office of the Solicitor has would continue to monitor and mitigate route in Saguaro National Park. determined that this rule does not the environmental impacts of mountain unduly burden the judicial system and Regulatory Flexibility Act bike use through the use of volunteer meets the requirements of sections 3(a) organizations and local interest groups The Department of the Interior and 3(b)(2) of the Order. to ensure that the trail is maintained in certifies that this document will not Paperwork Reduction Act good condition and issues of concern have a significant economic effect on a are immediately brought to the attention substantial number of small entities This regulation does not require an of the park management staff. under the Regulatory Flexibility Act (5 information collection from 10 or more U.S.C. 601 et seq.) parties and a submission under the Public Comments There are no businesses in the Paperwork Reduction Act is not Saguaro National Park conducted surrounding area economically required. An OMB form 83–I is not initial internal scoping with appropriate dependent on continued mountain bike required. park staff, internal scoping was use on this trail. The park does not have National Environmental Policy Act conducted by an interdisciplinary team any mountain bike rental concessioners of Saguaro National Park, and planning and the users are mainly private The National Park Service has professionals of the National Park individuals using the trail for analyzed this rule in accordance with Service, Intermountain Support Office recreational purposes. the criteria of the National in Denver. Teams members conducted a Environmental Policy Act and has field trip on July 11, 2002 to discuss Small Business Regulatory Enforcement prepared an Environmental Assessment purpose and need; important resource Fairness Act (SBREFA) (EA). A copy of the EA is available by topics; past, present, and possible This rule is not a major rule under 5 contacting the Superintendent, Saguaro mitigation measure of the proposed U.S.C. 804(2), the Small Business National Park, 3693 South Old Spanish action. Affiliated Native American tribes Regulatory Enforcement Fairness Act. Trail, Tucson, Arizona 85730–5601. The were contacted by letter dated July 12, This rule: EA may also be viewed via the Internet 2002 to solicit any interests or concerns a. Does not have an annual effect on at http://www.nps.gov/sagu/ with the proposed action. External the economy of $100 million or more. CactusTrailEA.pdf.

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Government-to-Government methods. You may mail comments to ENVIRONMENTAL PROTECTION Relationship With Tribes Superintendent, Saguaro National Park, AGENCY In accordance with the President’s 3693 South Old Spanish Trail, Tucson, 40 CFR Part 52 memorandum of April 29, 1994, Arizona 85730–5601. Fax: (520) 733– ‘‘Government to Government Relations 5153. You may also comment via the [CA 245–0375b; FRL–7446–2] with Native American Tribal Internet to Governments’’ (59 FR 22951) and 512 [email protected]. Revisions to the California State DM 2: Please also include ‘‘Attn: Bicycle Rule’’ Implementation Plan, Antelope Valley We have evaluated potential effects in the subject line and your name and Air Pollution Control District, Imperial on federally recognized Indian tribes return address in the body of your County Air Pollution Control District, and have determined that there are no Internet message. Finally, you may hand and Monterey Bay Unified Air Pollution potential effects. Affiliated Native deliver comments to Superintendent, Control District American tribes were contacted by letter Saguaro National Park, 3693 South Old AGENCY: Environmental Protection dated July 12, 2002 to solicit any Spanish Trail, Tucson, Arizona. Our Agency (EPA). interests or concerns with the proposed practice is to make comments, including ACTION: Proposed rule. action. Two tribes responded; the names and addresses of respondents, Tohono O’odham and the Hopi Tribes. available for public review during SUMMARY: EPA is proposing to approve Both tribes expressed concern that regular business hours. Individual revisions to the Antelope Valley Air archeological resources be surveyed for respondents may request that we Pollution Control District (AVAPCD), impacts from this proposed bicycle use. withhold their home address from the Imperial County Air Pollution Control The NPS has determined that the rulemaking record, which we will honor District (ICAPCD), and Monterey Bay archeological resources will not sustain to the extent allowable by law. If you Unified Air Pollution Control District adverse impacts and have indicated this wish us to withhold your name and/or (MBUAPCD) portions of the California in writing to the tribes. address, you must state this State Implementation Plan (SIP). These Clarity of Rule prominently at the beginning of your revisions concern definitions, comment. However, we will not circumvention, emergency episodes, Executive Order 12866 requires each consider anonymous comments. We and volatile organic compound (VOC) agency to write regulations that are easy emissions from organic solvents. We are to understand. We invite your will make all submissions from organizations or businesses, and from proposing to approve local rules to comments on how to make this rule regulate these emission sources under easier to understand, including answers individuals identifying themselves as representatives or officials of the Clean Air Act as amended in 1990 to questions such as the following: (1) (CAA or the Act). Are the requirements in the rule clearly organizations or businesses, available DATES: Any comments on this proposal stated? (2) Does the rule contain for public inspection in their entirety. must arrive by April 7, 2003. technical language or jargon that List of Subjects in 36 CFR Part 7 interferes with its clarity? (3) Does the ADDRESSES: Mail comments to Andy format of the rule (grouping and order District of Columbia, National parks, Steckel, Rulemaking Office Chief (AIR– of sections, use of headings, Reporting and recordkeeping 4), U.S. Environmental Protection paragraphing, etc.) aid or reduce its requirements. Agency, Region IX, 75 Hawthorne clarity? (4) Would the rule be easier to Street, San Francisco, CA 94105–3901. We propose to amend 36 CFR part 7 You can inspect copies of the read if it were divided into more (but as set forth below: shorter) sections? (A ‘‘section’’ appears submitted SIP revisions and EPA’s technical support documents (TSDs) at in bold type and is preceded by the PART 7—SPECIAL REGULATIONS, symbol ‘‘§ ’’ and a numbered heading; our Region IX office during normal AREAS OF THE NATIONAL PARK business hours. You may also see copies for example § 7.11 Saguaro National SYSTEM Park.) (5) Is the description of the rule of the submitted SIP revisions at the following locations: in the SUPPLEMENTARY INFORMATION The authority for part 7 continues to California Air Resources Board, section of the preamble helpful in read as follows: understanding the proposed rule? What Stationary Source Division, Rule else could we do to make the rule easier Authority: 16 U.S.C. 1, 3, 9a, 460(q), Evaluation Section, 1001 ‘‘I’’ Street, to understand? 462(k); Sec. 7.96 also issued under D.C. Code Sacramento, CA 95814. Send a copy of any comments that 8–137 (1981) and D.C. Code 40–721 (1981). Antelope Valley Air Quality Management District, 43301 Division concern how we could make this rule 1. Add § 7.11 to read as follows: easier to understand to: Office of St., Ste. 206, Lancaster, CA 93535– Regulatory Affairs, Department of the § 7.11 Saguaro National Park 4649. Interior, Room 7229, 1849 C Street, NW, Imperial County Air Pollution Control Washington, DC 20240. You may also e- (a) Bicycles. That portion of the District, 150 South 9th Street, El mail the comments to this address: Cactus Forest Trail inside the Cactus Centro, CA 92243–2801. [email protected]. Forest Drive is open to non-motorized Monterey Bay Unified Air Pollution Drafting Information: The primary bicycle use. Control District, 24580 Silver Cloud authors of this regulation were Delpha (b) [Reserved]. Ct., Monterey, CA 93940–6536. A copy of the rule may also be Maunders, National Park Service Santa Dated: February 3, 2003. Fe, Kym Hall, NPS Regulations Program available via the Internet at http:// Manager, and Sarah Craighead, Craig Manson, www.arb.ca.gov/drdb/drdbltxt.htm. Superintendent, Saguaro National Park. Assistant Secretary for Fish and Wildlife and Please be advised that this is not an EPA Public Participation: If you wish to Parks. Web site and may not contain the same comment, you may submit your [FR Doc. 03–5501 Filed 3–6–03; 8:45 am] version of the rule that was submitted comments by any one of several BILLING CODE 4310–70–P to EPA.

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FOR FURTHER INFORMATION CONTACT: revision amendment and anticipates no Magnuson-Stevens Fishery Cynthia G. Allen, EPA Region IX, (415) relevant adverse comments to this Conservation and Management Act 947–4120. action. A detailed rationale for the (Magnuson-Stevens Act) and the FMP, SUPPLEMENTARY INFORMATION: This approval is set forth in the direct final this proposed rule would modify the proposal addresses the following local rule. If no relevant adverse comments monkfish overfishing definition rules: AVAPCD 701, ICAPCD 101, and are received in response to this action, reference points and optimum yield MBUAPCD 415 and 433. In the Rules no further activity is contemplated in (OY) target control rule to be consistent and Regulations section of this Federal relation to this action. If EPA receives with the most recent stock assessment Register, we are approving these local relevant adverse comments, the direct and other scientific information. This rules in a direct final action without final rule will be withdrawn and all rule also proposes an expedited process prior proposal because we believe these public comments received will be for setting annual target total allowable SIP revisions are not controversial. If we addressed in a subsequent final rule catch (TAC) and a method for adjusting receive adverse comments, however, we based on this proposed action. EPA will monkfish trip limits and days-at-sea will publish a timely withdrawal of the not institute a second comment period (DAS) allocations to achieve the annual direct final rule and address the on this action. Any parties interested in target TACs. Based on this method, this comments in subsequent action based commenting on this action should do so proposed rule would establish a target on this proposed rule. Please note that at this time. TAC and corresponding trip limits and if we receive adverse comment on an DATES: Comments on this proposed DAS allocations for fishing year (FY) amendment, paragraph, or section of action must be received in writing by 2003. In addition, this proposed rule this rule and if that provision may be April 7, 2003. would eliminate the default measures adopted in the original FMP that would severed from the remainder of the rule, ADDRESSES: Comments may be mailed to result in elimination of the directed we may adopt as final those provisions Wayne Kaiser, Environmental monkfish fishery and reduce incidental of the rule that are not the subject of an Protection Agency, Air Planning and catch limits. Finally, this proposed rule adverse comment. Development Branch, 901 North 5th would clarify the regulations pertaining We do not plan to open a second Street, Kansas City, Kansas 66101. comment period, so anyone interested to the monkfish area declaration FOR FURTHER INFORMATION CONTACT: requirements by specifying that vessels in commenting should do so at this Wayne Kaiser at (913) 551–7603. time. If we do not receive adverse intending to fish under either a SUPPLEMENTARY INFORMATION: See the comments, no further activity is monkfish, multispecies, or scallop DAS, information provided in the direct final planned. For further information, please under the less restrictive measures of rule which is located in the rules the Northern Fishery Management Area see the direct final action. section of the Federal Register. (NFMA), declare their intent to fish in Dated: December 12, 2002. Dated: February 20, 2003. the NFMA for a minimum of 30 days. Keith Takata, James B. Gulliford, DATES: Public comments must be Acting Regional Administrator, Region IX. Regional Administrator, Region 7. received on or before March 24, 2003. [FR Doc. 03–5325 Filed 3–6–03; 8:45 am] [FR Doc. 03–5309 Filed 3–6–03; 8:45 am] ADDRESSES: Comments on the proposed BILLING CODE 6560–50–P rule should be sent to Patricia A. BILLING CODE 6560–50–P Kurkul, Regional Administrator (RA), Northeast Region, NMFS, One ENVIRONMENTAL PROTECTION Blackburn Drive, Gloucester, MA DEPARTMENT OF COMMERCE AGENCY 01930–2298. Mark the outside of the envelope ‘‘Comments on Monkfish 40 CFR Parts 52 and 70 National Oceanic and Atmospheric Administration Framework 2.’’ Comments may also be [IA 167–1167; FRL–7458–7] submitted via facsimile (fax) to 978– 50 CFR Part 648 281–9135. Comments will not be Approval and Promulgation of accepted if submitted via e-mail or the Implementation Plans and Operating [Docket No. 030225045–3045–01; I.D. Internet. Permits Program; State of Iowa 020603A] Copies of Framework Adjustment 2 to the FMP, including the Environmental AGENCY: RIN 0648–AQ29 Environmental Protection Assessment (EA), Regulatory Impact Agency (EPA). Magnuson-Stevens Fishery Review (RIR), and the Initial Regulatory ACTION: Proposed rule. Conservation and Management Act Flexibility Analysis (IRFA) are available Provisions; Fisheries of the upon request from Paul Howard, SUMMARY: EPA proposes to approve a Northeastern United States; Monkfish Executive Director, New England revision to the Iowa State Fishery; Framework Adjustment 2 Fishery Management Council (NEFMC), Implementation Plan (SIP) and 50 Water Street, Newburyport, MA, Operating Permits Programs. This AGENCY: National Marine Fisheries 01950. Copies of the Framework 2 EA/ revision pertains primarily to the state’s Service (NMFS), National Oceanic and RIR/IRFA are also available online at construction and operating permits Atmospheric Administration (NOAA), www.nefmc.org under ‘‘Plans and program. This revision will ensure Commerce. Reports.’’ consistency between the state and ACTION: Proposed rule; request for FOR FURTHER INFORMATION CONTACT: Federally-approved rules, and ensure comments. Federal enforceability of the state’s air Allison Ferreira, Fishery Policy Analyst, program rule revision. SUMMARY: NMFS proposes regulations to (978) 281–9103, fax (978) 281–9135, e- In the final rules section of the implement Framework Adjustment 2 to mail [email protected]. Federal Register, EPA is approving the the Monkfish Fishery Management Plan SUPPLEMENTARY INFORMATION: The state’s submittal as a direct final rule (FMP) developed by the New England monkfish fishery is jointly managed by without prior proposal because the and Mid-Atlantic Fishery Management the Councils. The FMP contains default Agency views this as a noncontroversial Councils (Councils). Pursuant to the measures that would eliminate the

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directed monkfish fishery by allocating that will achieve maximum sustainable Setting Annual Target TACs and zero monkfish DAS. These measures yield (MSY) from a rebuilt stock. Associated Management Measures were scheduled to take effect during The minimum biomass threshold Framework 2 would require the Year 4 (May 1, 2002) of the FMP’s 10- (Bthreshold) is the criterion by which a Monkfish Monitoring Committee year rebuilding schedule, but were stock is determined to be overfished. (MFMC) to submit to the Council and delayed until May 1, 2003, as a result The biomass target (Btarget) is a proxy Regional Administrator the target TACs for the expected biomass at MSY (B ). of the implementation of an emergency msy for the upcoming year by December 1 The National Standard Guidelines interim rule (67 FR 35928; May 22, based on a formulaic index- and prescribe that B be set at 2002) and its extension (67 FR 67568; threshold landings-based method. This method whichever of the following is greater: At November 6, 2002). The emergency would compare the current 3-year one-half the B , or the minimum interim rule temporarily amended the target average biomass index (observed stock size at which rebuilding to B fishing mortality rate (F) criteria in the target biomass index) values to annual would be expected to occur within 10 FMP to be consistent with the most biomass index targets, which are based recent stock assessment. The emergency years, if the stock were exploited at on 10 equal increments between the rule also implemented the measures Fthreshold. The existing Bthresholds in the 1999 biomass index (the start of the contained in Framework Adjustment 1 FMP were established based on the 33rd rebuilding program) and the 2009 to the FMP (which was disapproved by percentile of NMFS’ fall trawl survey biomass index target (B ), a proxy for NMFS in conjunction with the biomass index values for the years target the monkfish biomass level at MSY. implementation of the emergency rule) 1963–1994; Bthreshold = 1.46 kg/tow for Annual target TACs would be set based since these measures were deemed to be the NFMA and Bthreshold = 0.75 kg/tow on the ratio of the observed biomass consistent with the revised F criteria. for the Southern Fishery Management The purpose of the proposed action is Area (SFMA). At the time the FMP was index to the annual index target applied to continue the 10-year stock rebuilding implemented, the Councils believed that to the monkfish landings for the program started in 1999 under the this was an acceptable proxy for a risk previous fishing year. Once the annual target TACs are established and original FMP, consistent with updated adverse Bthreshold. Language in the FMP, scientific information. As noted above, however, indicates that it is unclear submitted to the RA, the RA would adjust trip limits and/or DAS, if the FMP contains default measures that, how this Bthreshold relates to rebuilding unless eliminated or delayed, will end because of the inability to model necessary, through rulemaking the directed fishery (no allocation of monkfish stock dynamics and predict consistent with the Administrative monkfish DAS) and reduce several of rebuilding potential due to a lack of Procedures Act (APA) based on the the incidental catch limits starting May biological data on the monkfish methodology established in this 1, 2003. The default measures were resource. Although a recent cooperative framework. If the TAC resulting from developed in the original FMP based on industry survey provided valuable the application of the TAC setting scientific analysis and projections done biological information on the monkfish procedures described herein does not in 1997. More recent analyses and stock resource, there continues to be a lack of require a change to existing assessments have indicated that the sufficient information necessary to management measures, then the RA scientific basis for the default measures conduct reliable projections for would not required to take any is no longer valid, and the measures are monkfish rebuilding, or to produce a regulatory action under the procedures not appropriate. Furthermore, the most reliable estimate of F. As a result, it is established in Framework 2. recent stock assessment (SAW 34; currently not possible for NMFS to The MFMC is currently required to January 2002) has invalidated the lower determine the minimum stock size at meet on or before November 15 each F reference points contained in the which rebuilding to Btarget would be year to review the status of the monkfish FMP, and suggested alternative expected to occur within 10 years if the resource and develop TACs for the reference points for the monkfish stock were exploited at Fthreshold. Because upcoming fishing year. If the results of overfishing definition and control rules. a Bthreshold of one-half the Btarget is the most recent NMFS fall trawl survey In addition to revising the overfishing consistent with National Standard 1, are available at that time, the MFMC definitions in the FMP to make them and because there are no other suitable would incorporate these results into the consistent with the best available proxies for Bthreshold given the data-poor formulaic method as described in this science and the provisions of the situation, the proposed action would framework to establish target TACs for Magnuson-Stevens Act, this action revise the Bthreshold values contained in the upcoming fishing year. proposes to establish an expedited the FMP to be equivalent to one-half the Under the target TAC setting method process for setting annual target TACs, Btarget established for each management contained in Framework 2, if the and the necessary trip limits and/or area. This would establish a Bthreshold = observed biomass index is below the DAS allocations to meet such target 1.25 for the NFMA, and Bthreshold = 0.93 annual index target, the target TAC TACs. Furthermore, this proposed rule for the SFMA. Under the proposed would be set proportionally below the would establish target TACs and action, the Btargets established in the previous year’s landings. If the observed corresponding trip limits for FY 2003 FMP would remain unchanged. biomass index is above the annual index utilizing the proposed method. The results of the 2002 NMFS fall target, the target TAC would be trawl survey indicate that the 3-year increased from the previous year’s Monkfish Overfishing Definition 1 average biomass index is 2.23 kg/tow for landings by ⁄2 of the ratio of the Reference Points the NFMA and 0.813 kg/tow for the biomass index to the index target, with The threshold fishing mortality rate SFMA. Applying the new Bthreshold certain limitations as described below. (Fthreshold) is the criterion by which the criteria that would be established by In cases where F can be determined, the overfishing status is determined. this rule, the stock in the NFMA annual target TAC would always be set Framework 2 would revise the Fthreshold remains not overfished. However, the at a value that would not exceed Fthreshold reference point by setting Fthreshold equal stock in the SFMA, which is currently (F=0.2). For example, if F for the to Fmax=0.2, as recommended by the considered not overfished, would be previous fishing year exceeded Fthreshold, 34th Stock Assessment Workshop. Fmax considered overfished under the but a reduction in the target TAC is not is the proxy for the fishing mortality rate proposed revision. required under the index-based method,

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the target TAC would be reduced initiating a framework adjustment at to the monkfish regulations specified proportionally from the previous year’s anytime to implement other measures under 50 CFR Part 648 Subpart F, this landings to end overfishing. When F deemed necessary to meet the objectives action also proposes to clarify the cannot be determined and the observed of the FMP. monkfish prohibitions found at biomass index is above the annual index § 648.14(y). FY 2003 TACs and Possession Limits target, the target TAC for the previous Classification year would be increased by the method For FY 2003, the TACs under the described above, but not by more than proposed action would be 10,211 mt in This proposed rule has been 20 percent of the previous year’s the SFMA and 17,708 mt in the NFMA. determined to be not significant for landings. As a result, trip limits for monkfish purposes of Executive Order (E.O.) Once the stock in a management area limited access vessels in the SFMA 12866 because it does not have an is rebuilt (the observed biomass index is would be increased from FY 2002 (May annual effect on the economy of 100 at or above Btarget), the target TAC would 1, 2002 – April 30, 2003) levels (550 lb million dollars or more, or adversely be adjusted based on the ratio of current (249.5 kg) tail weight per DAS for effect in a material way the economy, a F to Fthreshold, allowing for an increase in Category A and C vessels, and 450 lb sector of the economy, productivity, the target TAC if F is below Fthreshold. (204.1 kg) tail weight per DAS for competition, jobs, the environment, This would set the OY target reference Category B and D vessels), to 1,250 lb public health or safety, or State, local or point at Fthreshold. However, if F cannot (567 kg) tail weight per DAS for tribal governments or communities. The be determined and the observed Category A and C vessels, and 1,000 lb proposed action also does not raise any biomass index is above Btarget, the (453.6 kg) tail weight per DAS for novel legal or policy issues arising out target TAC would be set at no more than Category B and D vessels. In the NFMA, of legal mandates, the President’s 20 percent above the previous year’s there is currently no trip limit for priorities, or the principles set forth in landings. monkfish limited access vessels while E.O. 12866. In the situation where landings fishing under either a monkfish or The Council prepared an initial decline from the previous fishing year Northeast (NE) multispecies DAS, and regulatory flexibility analysis (IRFA) and the observed biomass index is no change is proposed. However, that describes the economic impact this above the annual index target, the monkfish open-access Category E proposed rule, if adopted, would have MFMC would review the circumstances vessels fishing exclusively in the NFMA on small entities. The IRFA prepared for surrounding the landings decline and on a NE multispecies DAS would have this action by the NEFMC follows recommend to the Councils a target TAC their monkfish incidental catch limits NMFS’ ‘‘Guidelines for Economic equivalent to either the previous year’s increased from 300 lb (136.1 kg) tail Analysis of Fishery Management landings or target TAC. The Councils, weight per DAS or 25 percent of the Actions’’ (NMFS’ guidelines). A after considering the MFMC’s total weight of fish on board to the description of the action, why it is being recommendation, would then lesser of 400 lb (181.4 kg) tail weight per considered, and the legal basis for this recommend a target TAC to the RA DAS or 50 percent of total weight of fish action are contained at the beginning of regarding whether the target TAC on board. this section in the preamble and in the should be set at the previous year’s SUMMARY. A summary of the analysis landings or target TAC. If the RA Revision to the Area Declaration follows: concurs with this recommendation, the Regulations There are approximately 714 limited target TAC and associated trip limits Regulations implementing the FMP access monkfish permit holders, of would be promulgated through (64 FR 54732; October 7, 1999) specify which about 85 percent record some rulemaking and consistent with the that a vessel intending to fish for or monkfish activity. Of the approximately requirements of the APA. Otherwise, the catch monkfish under a monkfish DAS 1,900 open-access Category E permits, RA would notify the Councils in writing only in the NFMA must declare into the only about 25 percent have recorded of his or her reasons for non- NFMA for a minimum of 30 days in landing monkfish. Vessels range in size concurrence. order to fish under the less restrictive from less than 30 ft (9.14 m) to over 90 The intent of the Councils in size and trip limits of this management ft (27.43 m), with the median being less establishing a formulaic method for area. However, the FMP also requires than 50 ft (15.24 m) in overall length. setting annual target TACs, described vessels fishing under a multispecies or Most of the inactive vessels (those not above, was to enable the RA to set future scallop DAS to declare into the NFMA landing monkfish or not landing any TACs and associated management in order to fish under the less restrictive species) are in the smaller size classes, measures outside of the framework measures of this area. Because NMFS while 70 percent of the limited access adjustment process established in the inadvertently referenced only limited vessels over 50 ft (15.24 m) have FMP. In this proposed rule, NMFS is access monkfish DAS vessels in the recorded monkfish landings. In clarifying that the expedited process for regulations implementing the FMP, achieving OY from the fishery on an setting annual TACs contained in the Framework 2 proposes to correct the annual basis while rebuilding the Framework 2 document is to be done area declaration provision by requiring resource to levels that will sustain MSY, through the rulemaking process vessels with limited access multispecies the proposed action strikes a reasonable specified under the APA. and scallop DAS permits, in addition to balance between biological The Framework 2 document analyzes vessels possessing limited access requirements and uncertainties, and the a range of target TAC alternatives for FY monkfish DAS permits, to declare into financial requirements of small entities. 2004. The intent of this analysis is to the NFMA for a minimum of 30 days in NMFS’ guidelines specify two criteria facilitate the expedited process for order to fish under the less restrictive to be used for evaluating whether a annual adjustments and to provide the size and trip limits of this management proposed action is significant: public with ample notice of the possible area. Disproportionality and profitability. impacts of such adjustments. The Disproportionality relates to the effect expedited annual adjustment process to Revisions to Prohibitions on small entities compared to large be established in this framework would Since they are ambiguous and do not entities. Since all entities engaged in the not preclude the Councils from contain the appropriate cross-references fishery fall under the Small Business

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Administration approved definition of the proposed trip limit increase ranged subject to a penalty for failure to comply ‘‘small entity,’’ this evaluation standard from no change to an improvement of 78 with, a collection of information subject is not relevant to the fishery. According percent. A vessel would realize no to the requirements of the PRA, unless to the analysis of the impact on vessels change in net revenues under the that collection of information displays a in the SFMA, relative to performance proposed trip limit increase if the vessel currently valid OMB control number. during calendar years 1998–2000, net was not constrained by the 2002 trip return on monkfish-only trips would limits; in other words, the vessel did not List of Subjects in 50 CFR Part 648 improve by 23 percent for the median fish at a level exceeding the trip limits Fisheries, Fishing, Reporting and and range from no change to an established for FY 2002. Under future recordkeeping requirements. improvement of 78 percent at the TACs that could range from 5,000 mt to Dated: February 28, 2003. proposed FY 2003 quota level. Given 13,000 mt, the median vessel would William T. Hogarth, these levels of expected change in realize gross revenue impacts ranging Assistant Administrator for Fisheries, profitability, the proposed trip limits from a loss of 49 percent to a gain of 17 National Marine Fisheries Service. may have a significant positive impact percent in net income. In the NFMA, on limited access monkfish vessels that approximately 255 vessels out of For the reasons set out in the fish in the SFMA. At other quota levels, approximately 1,500 limited access preamble, 50 CFR part 648 is proposed median vessel performance would be multispecies permit holders landed to be amended as follows: reduced by 63 percent at a 5,000–mt monkfish under the open-access PART 648—FISHERIES OF THE quota, but would increase by 29 percent Category E (incidental catch) permit. NORTHEASTERN UNITED STATES at a 13,000–mt quota. In either of these These vessels will mostly be unaffected two scenarios, the change in by the proposed incidental catch limit 1. The authority citation for part 648 profitability would be significant; increase since they land, on average, continues to read as follows: negative for the former, and positive for only about 20 percent of the current Authority: 16 U.S.C. 1801 et seq. the latter. limit. In the NFMA, the only change in Combining the two evaluation 2. In § 648.14, paragraphs (y) management measures would be an criteria, the proposed regulations would introductory text, (y)(1), (y)(4), (y)(6), increase in the incidental catch limit for likely have a considerable positive (y)(9) through (y)(11), (y)(13), and open access Category E monkfish impact on a substantial number of (y)(17) through (y)(21) are revised to vessels. During FY 2001 (May 1, 2001 – vessels that participate in the SFMA on read as follows: April 30, 2002), 255 Category E vessels monkfish-only DAS. The incidental § 648.14 Prohibitions. caught monkfish in the NFMA. Average catch trip limit change in the NFMA * * * * * monkfish catch by these vessels (62 lb would impact a substantial number of (y) In addition to the general (28.1 kg) per NE multispecies DAS) is participating small entities, but the prohibitions specified in § 600.725 of well below the current and proposed overall impact on vessel profitability is this chapter and in paragraph (a) of this incidental catch limits. Therefore, in not expected to be significant. section, it is unlawful for any person A copy of this analysis is available terms of improvements to participating owning or operating a vessel that from the NEFMC (see ADDRESSES). vessels’ annual profit, the proposed engages in fishing for monkfish to do change is not likely to have a significant This proposed rule does not duplicate, overlap or conflict with other any of the following: impact. While the current trip limit does (1) Fish for, possess, retain or land Federal rules, and does not contain new not constrain the majority of the 255 monkfish, unless: reporting or recordkeeping Category E vessels catching monkfish in (i) The monkfish are being fished for, requirements. However this action the NFMA, the proposed increase could or were harvested, in or from the EEZ makes a correction to the regulatory allow those vessels that are constrained by a vessel issued a valid monkfish language referencing area declaration by the current trip limit to increase their permit under § 648.4(a)(9); or procedures. This collection-of- monkfish landings by as much as 33 (ii) The monkfish were harvested by information requirement that is subject percent without jeopardizing the stock a vessel not issued a Federal monkfish to the Paperwork Reduction Act (PRA) rebuilding program. permit that fishes for or possesses has previously been approved by OMB NMFS’ guidelines state that ‘‘a rule monkfish exclusively in state waters; or may be determined to affect a under control number 0648–0202. (iii) The monkfish were harvested in Public reporting burden for this substantial number of small entities if or from the EEZ by a vessel not issued collection of information is estimated to the rule is controversial, impacts more a Federal monkfish permit that engaged average 3 minutes per response, than just a few entities, or affects the in recreational fishing. structure of the regulated industry even including the time for reviewing though only a small number of entities instructions, searching existing data * * * * * may be impacted.’’ The proposed action sources, gathering and maintaining the (4) Operate or act as an operator of a may affect a substantial number of small data needed, and completing and vessel fishing for, possessing, retaining, entities because it will impact reviewing the collection of information. or landing monkfish in or from the EEZ approximately 700 limited access Send comments regarding this burden without having been issued and monkfish permit holders, although not estimate, or any other aspect of this data possessing a valid operator permit in an adverse way, by means of an collection, including suggestions for pursuant to § 648.5, and this permit is increase to the trip limits for the SFMA. reducing the burden, to NMFS (see onboard the vessel. An analysis of projected change in ADDRESSES) and to the Office of * * * * * fishing performance under the proposed Information and Regulatory Affairs, (6) Violate any provision of the TACs and trip limits for FY 2003, as Office of Management and Budget, monkfish incidental catch permit compared to FY 2002, indicates that the Washington DC 20503 (Attention: restrictions as provided in median vessel will realize a 23-percent NOAA Desk Officer). §§ 648.4(a)(9)(ii) or 648.94(c). increase in net returns on monkfish- Notwithstanding any other provision * * * * * only trips. According to this analysis, of the law, no person is required to (9) Fail to comply with the monkfish the change in net returns resulting from respond to, nor shall any person be size limit restrictions of § 648.93 when

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issued a valid monkfish permit under § 648.93 Monkfish minimum fish sizes. monkfish DAS program in the SFMA § 648.4(a)(9). (a) General provisions. (1) All may land up to 1,000 lb (454 kg) tail- (10) Fail to comply with the monkfish monkfish caught by vessels issued a weight or 3,320 lb (1,506 kg) whole possession limits and landing valid Federal monkfish permit must weight of monkfish per monkfish DAS restrictions, including liver landing meet the minimum fish size (or any prorated combination of tail- restrictions, specified under § 648.94 requirements established in this section. weight and whole weight based on the when issued a valid monkfish permit * * * * * conversion factor for tail-weight to under § 648.4(a)(9). (b) Minimum fish sizes. (1) The whole weight of 3.32). (11) Fail to comply with the monkfish minimum fish size for vessels fishing in (iii) Administration of landing limits. DAS provisions specified at § 648.92 the SFMA, or for vessels not declared A vessel owner or operator may not when issued a valid limited access into the NFMA as specified in exceed the monkfish trip limits as monkfish permit, and fishing for, paragraph (b)(2) of this section, is 21 specified in paragraphs (b)(2)(i) and (ii) possessing, or landing monkfish in inches (53.3 cm) total length/14 inches of this section per monkfish DAS fished, excess of the incidental catch limits (35.6 cm) tail length. or any part of a monkfish DAS fished. specified at § 648.94 (c). (2) Vessels fishing exclusively in the (3) Category C and D vessels fishing * * * * * NFMA. The minimum fish size for under the multispecies DAS program. (13) Combine, transfer, or consolidate vessels fishing exclusively in the NFMA *** monkfish DAS allocations. is 17 inches (43.2 cm) total length/11 * * * * * * * * * * inches (27.9 cm) tail length. In order for (4) Category C and D vessels fishing (17) If the vessel has been issued a this size limit to be applicable, a vessel under the scallop DAS program. A valid limited access monkfish permit, intending to fish for monkfish under a Category C or D vessel fishing under a and fishes under a monkfish DAS, fail scallop, multispecies, or monkfish DAS scallop DAS may land up to 300 lb (136 to comply with gillnet requirements and exclusively in the NFMA must declare kg) tail-weight or 996 lb (452 kg) whole restrictions specified in § 648.92(b)(8). into the NFMA for a period of not less weight of monkfish per DAS (or any (18) Fail to produce gillnet tags when than 30 days pursuant to the provisions prorated combination of tail-weight and requested by an authorized officer. specified at § 648.94(f). A vessel that has whole weight based on the conversion (19) Tagging a gillnet with or not declared into the NFMA under this factor for tail-weight to whole weight of otherwise using or possessing a gillnet paragraph shall be presumed to have 3.32). All monkfish permitted vessels tag that has been reported lost, missing, fished in the SFMA and shall be subject are prohibited from fishing for, landing, destroyed, or issued to another vessel, to the more restrictive requirements of or possessing monkfish while in or using or possessing a false gillnet tag. that area. A vessel that has declared into possession of dredge gear unless fishing (20) Selling, transferring, or giving the NFMA may transit the SFMA under a scallop DAS. away gillnet tags that have been providing that it complies with the (5) Category C and D scallop vessels reported lost, missing, destroyed, or transiting and gear storage provisions declared into the monkfish DAS issued to another vessel. described in § 648.94(e) and provided program without a dredge on board, or (21) Fail to comply with the area that it does not fish for or catch not under the net exemption provision. declaration requirements specified at monkfish, or any other fish, in the Category C and D vessels that have §§648.93(b)(2) and 648.94(f) when SFMA. declared into the monkfish DAS fishing under a scallop, multispecies or program and that do not fish with or monkfish DAS exclusively in the NFMA 5. In § 648.94, paragraph (b)(7) is removed and reserved; and paragraphs have a dredge on board, or are not under the less restrictive monkfish size fishing with a net under the net and possession limits of that area. (b)(1), (b)(2), introductory heading of paragraph (b)(3), (b)(4) through (b)(6), exemption provision specified in * * * * * (c)(1)(i), (c)(2), (c)(3)(i) and (f) are § 648.51(f), are subject to the same 3. In § 648.92, paragraph (b)(1) is revised to read as follows: landing limits as specified in paragraphs revised to read as follows: (b)(1) and (b)(2) of this section. Such § 648.94 Monkfish possession and landing vessels are also subject to provisions § 648.92 Effort control program for restrictions. applicable to Category A and B vessels monkfish limited access vessels. * * * * * fishing only under a monkfish DAS, * * * * * (b) * * * consistent with the provisions of this (b) * * * (1) Vessels fishing under the monkfish part. (1) Limited access monkfish permit DAS program in the NFMA. There is no (6) Vessels not fishing under a holders. All limited access monkfish monkfish trip limit for vessels issued a multispecies, scallop or monkfish DAS. permit holders shall be allocated 40 limited access Category A, B, C, or D The possession limits for all limited monkfish DAS for each fishing year, permit that are fishing under a monkfish access monkfish vessels when not unless modified according to the DAS exclusively in the NFMA. fishing under a multispecies, scallop, or provisions specified at § 648.96(b)(3). (2) Vessels fishing under the monkfish monkfish DAS are the same as the Limited access multispecies and limited DAS program in the SFMA—(i) Category possession limits for a vessel issued a access scallop permit holders who also A and C vessels. Category A and C monkfish incidental catch permit possess a valid limited access monkfish vessels fishing under the monkfish DAS specified under paragraph (c)(3) of this permit must use a multispecies or program in the SFMA may land up to section. scallop DAS concurrently with their 1,250 lb (567 kg) tail-weight or 4,150 lb * * * * * monkfish DAS, except as provided in (1,882 kg) whole weight of monkfish per (c) * * * paragraph (b)(2) of this section. monkfish DAS (or any prorated (1) * * * * * * * * combination of tail-weight and whole (i) NFMA. Vessels issued a monkfish 4. In § 648.93, the introductory weight based on the conversion factor incidental catch permit fishing under a heading for paragraph (a), and for tail-weight to whole weight of 3.32). multispecies DAS exclusively in the paragraphs (a)(1) and (b) are revised to (ii) Category B and D vessels. Category NFMA may land up to 400 lb (181 kg) read as follows: B and D vessels fishing under the tail weight or 1,328 lb (602 kg) whole

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weight of monkfish per DAS, or 50 scallop, or monkfish DAS under the less landings, DAS, and other measures of percent (where the weight of all restrictive management measures of the fishing effort; stock status and fishing monkfish is converted to tail weight) of NFMA, must fish for monkfish mortality rates; enforcement of and the total weight of fish on board, exclusively in the NFMA and declare compliance with management measures; whichever is less. For the purposes of into the NFMA for a period of not less and any other relevant information. converting whole weight to tail weight, than 30 days by obtaining a letter of (b) Annual adjustment procedures— the amount of whole weight possessed authorization from the Regional (1) Setting annual target TACs. (i) The or landed is divided by 3.32. Administrator. A vessel that has not MFMC shall submit to the Councils and * * * * * declared into the NFMA under this Regional Administrator the target (2) Scallop dredge vessels fishing paragraph shall be presumed to have monkfish TACs for the upcoming under a scallop DAS. A scallop dredge fished in the SFMA and shall be subject fishing year by December 1 based on the vessel issued a monkfish incidental to the more restrictive requirements of control rule formula described in catch permit fishing under a scallop that area. A vessel that has declared into paragraph (b)(1)(ii) of this section. The the NFMA may transit the SFMA DAS may land up to 300 lb (136 kg) tail- Regional Administrator shall then providing that it complies with the weight or 996 lb (452 kg) whole weight promulgate any changes to existing transiting and gear storage provisions of monkfish per DAS (or any prorated management measures, pursuant to the described in § 648.94(e) and provided combination of tail-weight and whole methods specified in paragraphs (b)(2) that it does not fish for or catch weight based on the conversion factor). and (3) of this section, resulting from monkfish, or any other fish, in the (3) * * * the updated target TAC through SFMA. (i) Vessels fishing with large mesh. A rulemaking consistent with the vessel issued a valid monkfish * * * * * Administrative Procedures Act. If the incidental catch permit and fishing in 6. In § 648.96, the section heading and annual target TAC generated through the GOM, GB, SNE, or MA RMAs with paragraphs (a), (b) and (c) are revised to the control rule formula described in mesh no smaller than specified at read as follows: paragraph (b)(1)(ii) of this section does § 648.80(a)(3)(i), (a)(4)(i), (b)(2)(i), and § 648.96 Monkfish annual adjustment not require any changes to existing § 648.104(a)(1), respectively, while not process and framework specifications. management measures, then no action is on a monkfish, multispecies, or scallop (a) General. The Monkfish Monitoring required by the Regional Administrator. DAS, may possess, retain, and land Committee (MFMC) shall meet on or (ii) Control rule method for setting monkfish (whole or tails) only up to 5 before November 15 of each year to annual targets TACs. The current 3–year percent (where the weight of all develop target TACs for the upcoming running average of the NMFS fall trawl monkfish is converted to tail weight) of fishing year in accordance with survey index of monkfish biomass will the total weight of fish on board. For the § 648.96(b)(1), and options for NEFMC be compared to the established annual purposes of converting whole weight to and MAFMC consideration on any biomass index target, and target annual tail weight, the amount of whole weight changes, adjustment, or additions to TACs will be set in accordance with possessed or landed is divided by 3.32. DAS allocations, trip limits, size limits, paragraphs (b)(1)(ii)(A) through (F) of * * * * * or other measures necessary to achieve this section. The annual biomass index (f) Area declaration requirement for the Monkfish FMP’s goals and targets established in Framework vessels fishing exclusively in the NFMA. objectives. The MFMC shall review Adjustment 2 to the FMP are provided Vessels fishing under a multispecies, available data pertaining to discards and in the following table (kg/tow).

FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2007 FY 2008 FY 2009

NFMA 1.33 1.49 1.66 1.83 2.00 2.16 2.33 2.50 SFMA 0.88 1.02 1.15 1.29 1.43 1.57 1.71 1.85

(A) Unless the provisions of target, but not to exceed an amount the target TAC for the subsequent paragraphs (b)(1)(ii)(C) or (D) of this calculated to generate an F in excess of fishing year. section apply, if the current 3–year Fthreshold. If current F cannot be (E) If the observed index is above the running average of the NMFS fall trawl determined, the target TAC shall be set 2009 index targets, the target TAC for survey biomass index is below the at not more than 20 percent above the the subsequent fishing year shall be annual index target, the target TAC for previous year’s landings. based on the ratio of current F to F=0.2 the subsequent fishing year will be set (C) If the current estimate of F exceeds applied to the previous year’s landings. equivalent to the monkfish landings for Fthreshold, the target TAC shall be reduced If current F cannot be determined, the the previous fishing year minus the proportionally to stop overfishing, even target TAC shall be set at not more than percentage difference between the 3– if a reduction is not called for based on 20 percent above previous year’s year average biomass index and the biomass index status as described in landings. annual index target. paragraph (b)(1)(ii)(A) of this section. (F) If landings decline from the (B) If the 3–year running average of For example, if F=0.24, and previous year and the current 3–year the NMFS fall trawl survey biomass Fthreshold=0.2, then the target TAC shall average biomass index is above the index is above the annual index target, be reduced to 20 percent below the annual index target, whether or not F and the current estimate of F is below previous year’s landings. can be determined, the MFMC shall Fthreshold=Fmax=0.2, the target TAC for the (D) If the 3–year average biomass include in its report, prepared under subsequent fishing year shall be set index is below the annual index target, paragraph (a) of this section, after taking equivalent to the previous year’s and F is above Fthreshold, the method (F- into account circumstances surrounding landings plus one-half the percentage based or biomass index based) that shall the landings decline, a recommendation difference between the 3–year average result in the greater reduction from the to the Councils on whether the target biomass index and the annual index previous year’s landings will determine TAC should be set at the previous year’s

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landings or previous year’s target TAC. (ii)Category B and D vessels. Category achieve the Monkfish FMP’s goals and The Councils shall consider the MFMC B and D vessels fishing under the objectives, which may include a recommendation, and then recommend monkfish DAS program in the SFMA preferred option. The MFMC must to the Regional Administrator whether may land up to 450 lb (204 kg) tail- demonstrate through analysis and the target TAC should be set at the weight or 1,494 lb (678 kg) whole documentation that the options it previous year’s landings or previous weight of monkfish per DAS (or any develops are expected to meet the year’s target TAC. If such a prorated combination of tail-weight and Monkfish FMP goals and objectives. The recommendation is made, the Regional whole weight based on the conversion MFMC may review the performance of Administrator must decide whether to factor for tail-weight to whole weight of different user groups or fleet sectors in promulgate measures consistent with 3.32). developing options. The range of the recommendation as provided for in (iii) DAS analysis. This procedure options developed by the MFMC may paragraph (b)(4) of this section. involves setting a maximum DAS usage include any of the management (2) Setting trip limits for the SFMA. (i) for all permit holders of 40 DAS; measures in the Monkfish FMP, Under the method described in proportionally adjusting the landings to including, but not limited to: closed paragraph (b)(1)(ii) of this section, if the a given DAS value based on the trip seasons or closed areas; minimum size SFMA target TAC is set at 8,000 mt or limits specified under paragraphs limits; mesh size limits; net limits; liver higher, the Regional Administrator shall (b)(3)(i) and (ii) of this section; and to monkfish landings ratios; annual adjust the trip limits according to the adjusting the landings according to the monkfish DAS allocations and method described in paragraph (b)(2)(ii) same methodology used in the trip limit monitoring; trip or possession limits; of this section. analysis described in paragraph (b)(2)(ii) blocks of time out of the fishery; gear (ii) Trip limit analysis procedures. of this section. restrictions; transferability of permits (A) Limited access monkfish permit Trip limits shall be determined annually and permit rights or administration of holders are allowed to carry over up to using information from the mandatory vessel upgrades, vessel replacement, or 10 DAS from the previous fishing year fishing vessel trip reports (FVTR). The permit assignment; and other to the current fishing year. For this 1999 fishing year shall be used as the frameworkable measures included in procedure, adjustments to DAS usage baseline year for this analysis. The most §§648.55 and 648.90. are made by first reducing the landings recent fishing year for which there is (ii) The Councils shall review the for all permit holders who used more complete FVTR information shall be options developed by the MFMC and than 40 DAS by the proportion of DAS other relevant information, consider utilized to establish the level of landings exceeding 40, and then resetting the public comment, and submit a and fishing effort under current upperlimit of DAS usage to 40. recommendation to the Regional regulations. For example, the (B) The expected landings at the Administrator that meets the Monkfish determination of trip limits for the 2004 adjusted DAS are calculated by adding FMP’s objectives, consistent with other fishing year would be based on the ratio the landings of all permit holders who applicable law. The Councils’ of landings and effort obtained from the used less than the proposed DAS limit recommendation to the Regional FVTRs for the 2002 fishing year, the to the landings of those who used more Administrator shall include supporting most recent fishing year for which than the proposed DAS limit, where documents, as appropriate, concerning complete FVTR information would be landings are reduced by the proportion the environmental and economic available. Using the relationship of the proposed DAS limit to the actual impacts of the proposed action and the between the fishing patterns for these DAS used by vessels during the baseline other options considered by the two years, ratios shall be calculated for fishing year, 1999. Councils. Management adjustments each permit category. These ratios shall (C) Landings are prorated between made to the Monkfish FMP require be used to determine landings goals for permit categories in the same manner majority approval of each Council for each permit category based on the used in the trip limit analysis submission to the Secretary. proposed TAC for the SFMA. A procedures described under paragraph (A) The Councils may delegate simulation process will then be used to (b)(2)(iii) of this section. authority to the Joint Monkfish estimate the landings per DAS for each (4) Council TAC recommendations. Oversight Committee to conduct an permit category that would achieve the As described in paragraph (b)(1)(ii)(F) of initial review of the options developed established landings goals. this section, if the Councils recommend by the MFMC. The oversight committee (3) Setting DAS allocations for the a target TAC to the Regional would review the options developed by SFMA. Under the method described in Administrator, and the Regional the MFMC and any other relevant paragraph (b)(1)(ii) of this section, if the Administrator concurs with this information, consider public comment, SFMA target TAC is set below 8,000 mt, recommendation, the Regional and make a recommendation to the the Regional Administrator shall set the Administrator shall then promulgate the Councils. trip limits as specified in paragraphs target TAC and associated management (B) If the Councils do not submit a (b)(3)(i) and (ii) of this section, and measures through rulemaking consistent recommendation that meets the adjust the DAS allocations according to with the APA. If the Regional Monkfish FMP’s goals and objectives, the method described in paragraph Administrator does not concur with the and is consistent with other applicable (b)(3)(iii) of this section. Councils’ recommendation, then the law, the Regional Administrator may (i) Category A and C vessels. Category Councils shall be notified in writing of adopt any option developed by the A and C vessels fishing under the the reasons for the non-concurrence. MFMC unless rejected by either monkfish DAS program in the SFMA (c)Annual and in-season framework Council, provided such option meets may land up to 550 lb (249 kg) tail- adjustments to management measures— the Monkfish FMP’s goals and weight or 1,826 lb (828 kg) whole (1) Annual framework process. (i) Based objectives, and is consistent with other weight of monkfish per DAS (or any on their annual review, the MFMC may applicable law. If either the NEFMC or prorated combination of tail-weight and develop and recommend, in addition to MAFMC has rejected all options, then whole weight based on the conversion the target TACs and management the Regional Administrator may select factor for tail-weight to whole weight of measures established under paragraph any measure that has not been rejected 3.32). (b) of this section, options necessary to by both Councils.

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(iii) If the Councils submit, on or (2) In-season action. At any time, the by the public and members of the before January 7 of each year, a Councils or the Joint Monkfish affected industry in the development of recommendation to the Regional Oversight Committee (subject to the the Councils’ recommended Administrator after one framework approval of the Councils’ chairmen) management measures; meeting, and the Regional may initiate action to add or adjust (C) Whether there is an immediate Administrator concurs with the management measures if it is need to protect the resource or to recommendation, the recommendation determined that action is necessary to impose management measures to shall be published in the Federal meet or be consistent with the goals and resolve gear conflicts; and Register as a proposed rule. The Federal objectives of the Monkfish FMP. (D) Whether there will be a Register notification of the proposed Recommended adjustments to continuing evaluation of management action shall provide a 30–day public management measures must come from measures adopted following their comment period. The Councils may the categories specified under paragraph implementation as a final rule. instead submit their recommendation (c)(1)(i) of this section. In addition, the (ii) Action by NMFS. (A) If the on or before February 1 if they choose procedures for framework adjustments Regional Administrator approves the to follow the framework process specified under paragraph (c)(3) of this Councils’ recommended management outlined in paragraph (c)(3) of this section must be followed. measures and determines that the section and request that the Regional (3) Framework adjustment recommended management measures Administrator publish the procedures. Framework adjustments should be issued as a final rule based on recommendation as a final rule. If the shall require at least one initial meeting the factors specified in paragraph Regional Administrator concurs that the of the Monkfish Oversight Committee or (c)(3)(i) of this section, the Secretary Councils’ recommendation meets the one of the Councils (the agenda must may, for good cause found under the Monkfish FMP’s goals and objectives, include notification of the framework standard of the Administrative and is consistent with other applicable adjustment proposal) and at least two Procedure Act, waive the requirement law, and determines that the Council meetings, one at each Council. for a proposed rule and opportunity for recommended management measures The Councils shall provide the public public comment in the Federal Register. should be published as a final rule, the with advance notice of the availability The Secretary, in so doing, shall publish action shall be published as a final rule of both the proposals and the analysis, only the final rule. Submission of the in the Federal Register. If the Regional and opportunity to comment on them recommendations does not preclude the Administrator concurs that the prior to the first of the two final Council Secretary from deciding to provide recommendation meets the Monkfish meetings. Framework adjustments and additional opportunity for prior notice FMP’s goals and objectives, is consistent amendments to the Monkfish FMP and comment in the Federal Register. with other applicable law, and require majority approval of each (B) If the Regional Administrator determines that a proposed rule is Council for submission to the Secretary. concurs with the Councils’ warranted, and, as a result, the effective (i) Councils’ recommendation. After recommendation and determines that date of a final rule falls after the start of developing management actions and the recommended management the fishing year, fishing may continue. receiving public testimony, the Councils measures should be published first as a However, DAS used by a vessel on or shall make a recommendation to the proposed rule, then the measures shall after the start of a fishing year shall be Regional Administrator. The Councils’ be published as a proposed rule in the counted against any DAS allocation the recommendation must include Federal Register. After additional vessel ultimately receives for that year. supporting rationale and, if management public comment, if NMFS concurs with (iv) Following publication of a measures are recommended, an analysis the Councils’ recommendation, then the proposed rule and after receiving public of impacts and a recommendation to the measures shall be issued as a final rule comment, if the Regional Administrator Regional Administrator on whether to in the Federal Register. concurs in the Councils’ issue the management measures as a (C) If the Regional Administrator does recommendation, a final rule will be final rule. If the Councils recommend not concur, then the Councils shall be published in the Federal Register prior that the management measures should notified in writing of the reasons for the to the start of the next fishing year. If the be issued as a final rule, the Councils non-concurrence. Councils fail to submit a must consider at least the following four (iii) Adjustments for gear conflicts. recommendation to the Regional factors and provide support and The Councils may develop a Administrator by February 1 that meets analysis for each factor considered: recommendation on measures to the goals and objectives of the Monkfish (A) Whether the availability of data on address gear conflict as defined under FMP, the Regional Administrator may which the recommended management § 600.10 of this chapter, in accordance publish as a proposed rule one of the measures are based allows for adequate with the procedure specified in MFMC options reviewed and not time to publish a proposed rule, and § 648.55(d) and (e). rejected by either Council, provided the whether regulations have to be in place option meets the goals and objectives of for an entire harvest/fishing season; * * * * * the Monkfish FMP, and is consistent (B) Whether there has been adequate [FR Doc. 03–5172 Filed 3–3–03; 3:17 pm] with other applicable law. notice and opportunity for participation BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 45

Friday, March 7, 2003

This section of the FEDERAL REGISTER displays a currently valid OMB control and person authorized by the Secretary contains documents other than rules or number. of Agriculture is prohibited by the proposed rules that are applicable to the provisions of 18 U.S.C. 707. The Office of the Secretary, Faith-Based and public. Notices of hearings and investigations, Secretary has delegated authority to the Community Initiatives committee meetings, agency decisions and Administrator of the Cooperative State rulings, delegations of authority, filing of Title: Survey on Ensuring Equal Research, Education, and Extension petitions and applications and agency Opportunity for Applicants. statements of organization and functions are Service (CSREES) to authorize others to examples of documents appearing in this OMB Control Number: 0503–NEW. use the 4–H Name and/or Emblem. section. Summary of Collection: The Therefore, anyone requesting responsibility of the Office of Faith- authorization from the Administrator to based and Community Initiatives is to use the 4–H Name and Emblem is asked DEPARTMENT OF AGRICULTURE fulfill the mandate of Executive Orders to describe the proposed use in a formal 13198 and 13199 which prescribe application. CSREES will collect Submission for OMB Review; agency responsibilities related to Faith- information using form CSREES–01 Comment Request based and Community Initiatives. ‘‘Application for Authorization to Use Specifically, the office is working to the 4–H Club Name and Emblem March 4, 2003. remove all barriers to the full Need and Use of the Information: The Department of Agriculture has participation of faith-based and CSREES will collect information on the submitted the following information community organizations in federal name of individual, partnership, collection requirement(s) to OMB for social service programs. The corporation, or association; review and clearance under the Department of Education has initiated a organizational address, name of Paperwork Reduction Act of 1995, government-wide survey to gauge the authorized representative; telephone Public Law 104–13. Comments number and quality of applications from number; proposed use of the 4–H Name regarding (a) whether the collection of faith-based and community or Emblem, and plan for sale or information is necessary for the proper organizations. USDA is requesting distribution of product. The information performance of the functions of the approval from OMB to implement this collected by CSREES will be used to agency, including whether the survey in conjunction with the determine if those applying to use the information will have practical utility; application process for the grant 4–H Name and Emblem are meeting the (b) the accuracy of the agency’s estimate programs it administers. requirements and quality of materials, of burden including the validity of the Need and Use of the Information: products and/or services provided to the methodology and assumptions used; (c) USDA’s Office of Faith-based and public. If the information were not ways to enhance the quality, utility and Community Initiatives plans to collect collected, it would not be possible to clarity of the information to be information from faith-based and ensure that the products, services, and collected; (d) ways to minimize the community organizations through a materials meet the high standards of 4– burden of the collection of information brief survey. The information will be H, its educational goals and objectives. on those who are to respond, including used to judge the effectiveness of the Description of Respondents: Not-for- through the use of appropriate technical assistance and outreach efforts profit institutions; Individuals or automated, electronic, mechanical, or of the faith-based and community households; Business or other for-profit. other technological collection initiative. The data collected through Number of Respondents: 60. techniques or other forms of information the survey will be kept from the Frequency of Responses: Reporting: technology should be addressed to: Desk decision-makers who oversee the award Other (every 3 years). Officer for Agriculture, Office of of grant funds. Total Burden Hours: 30. Information and Regulatory Affairs, Description of Respondents: Not-for- Foreign Agricultural Service profit institutions. Office of Management and Budget Title: Technical Assistance for (OMB), Washington, DC 20503 and to Number of Respondents: 7,377. Frequency of Responses: Reporting: Specialty Crops Program. Departmental Clearance Office, USDA, OMB Control Number: 0551–0038. OCIO, Mail Stop 7602, Washington, DC On occasion. Total Burden Hours: 590. Summary of Collection: The 20250–7602. Comments regarding these Technical Assistance for Specialty information collections are best assured Cooperative State Research, Education, Crops (TASC) program is authorized by of having their full effect if received and Extension Service Section 3205 of the Farm Security and within 30 days of this notification. Title: Application for Authorization to Rural Investment Act of 2002 (Pub. L. Copies of the submission(s) may be Use the 4–H Name and/or Emblem. 107–171). This section provides that the obtained by calling (202) 720–6746. OMB Control Number: 0524–0034. Secretary of Agriculture shall establish An agency may not conduct or Summary of Collection: Use of the 4– a program to address unique barriers sponsor a collection of information H Name and/or Emblem is authorized that prohibit or threaten the export of unless the collection of information by an Act of Congress, (Pub. L. 772, 80th U.S. specialty crops. The Foreign displays a currently valid OMB control Congress, 645, 2nd Session). Use of the Agricultural Service (FAS) administers number and the agency informs 4–H Name and/or Emblem by anyone the program for the Commodity Credit potential persons who are to respond to other than the 4–H Clubs and those duly Corporation. The TASC is designed to the collection of information that such authorized by them, representatives of assist U.S. organizations by providing persons are not required to respond to the Department of Agriculture, the funding for projects that address the collection of information unless it Land-Grant colleges and universities, sanitary, phytosanitary, and technical

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barriers that prohibit or threaten the Natural Resources and Conservation without any warning signs of infection. export of U.S. speciality crops. Service Low pathogenic AI, however, causes Need and Use of the Information: FAS Title: Volunteer Program—Earth few clinical sign infected birds. APHIS collects data for fund allocation, Team. will collect information using several of program management, planning and OMB Control Number: 0578–0024. APHIS’ forms. evaluation. FAS will collect information Summary of Collection: Volunteers Need and Use of the Information: from applicant desiring to receive grants have been a human resource to the APHIS will collect the name, address, under the program to determine the Natural Resources Conservation Service the number, type and age of poultry for viability of requests for funds. The (NRCS) since 1985. NRCS is authorized which the claimant is seeking payment; program could not be implemented by the Federal Personnel Manual (FPM) and the appraised value of the poultry. without the submission of project Supplement 296–33, Subchapter 22, to APHIS will also collect information to proposals, which provide the necessary recruit, train and accept, with regard to document the loss of poultry from information upon which funding Civil Service classification law, rules, or diagnostic testing of backyard flocks. decisions are based. regulations, the service of individuals to Information provided will be used to Description of Respondents: Not-for- serve without compensation. Volunteers reimburse poultry owners for poultry profit; Business or other for-profit; may assist in any agency program/ dying as a result of the test. Failure to Federal Government; State, Local or project and may perform any activities collect the information would make it Tribal Government. which agency employees are allowed to impossible for APHIS to launch a control program in Virginia, possibly Number of Respondents: 20. do. Volunteers must be 14 years of age. leading to outbreaks in other States. Frequency of Responses: NRCS will collect information using several NRCS forms. Description of Respondents: Farms; Recordkeeping; Reporting: On occasion; Individuals or households; Federal Annually. Need and Use of the Information: NRCS will collect information on the Government; State, Local, or Tribal Total Burden Hours: 640. type of skills and type of work the Government. Farm Service Agency volunteers are interested in doing. Number of Respondents: 800. NRCS will also collect information to Frequency of Responses: Reporting; Title: Horse Breeder Loan Program. implement and evaluate the On occasion. OMB Control Number: 0560–0221. effectiveness of the volunteer program. Total burden Hours: 1,600. Summary of Collection: The Farm Without the information, NRCS would Food and Nutrition Service Service Agency (FSA) makes direct and not know which individuals are guaranteed loans to family farmers who interested in volunteering. Title: Status of Claims Against cannot obtain loans from commercial Description of Respondents: Households. sources at reasonable rates and terms. Individuals or households; Business or OMB Control Number: 0584–0069. The Horse Breeder Loans Program will other for-profit; Not-for-profit Summary of Collection: Section 11, assist horse breeder who have suffered institutions. 13, and 16 of the Food Stamp Act of economic loss as a result of Mare Number of Respondents: 30,320. 1977, as amended (the Act) and Reproductive Loss Syndrome (MRLS). Frequency of Responses: Reporting: appropriate Food Stamp Program To determine whether an applicant is Semi-annually. Regulation are the bases for the eligible for a loan FSA must document Total Burden Hours: 916. information collected on FNS–209. the severity of the horse breeder’s loss. Food Stamp Program regulations require Animal and Plant Health Inspection A veterinary certification is used to that State agencies submit quarterly Service document the losses. MRLS is a form NFS–209, Status of Claims Against veterinary medical condition, which Title: Low Pathogenic AI Payment of Households, reports. The required requires a trained expert to determine Indemnity. information provided on this report the number and type of loss. The Horse OMB Control Number: 0579–0208. must be obtained from a State Breeder Loan Program is authorized Summary of Collection: In accordance accountable system responsible for under the Agriculture, Rural with 21 U.S.C. 111–113, 114, 115, 117, establishing claims, sending demand Development, Food and Drug 120, 123, and 134a, the Secretary of letters, collecting claims, and managing Administration, and Related Agencies Agriculture has the authority to other claim activity. Appropriations Act, 2002 (The Act), promulgate regulations and take Need and use of the Information: The enacted November 28, 2001. FSA will measures to prevent the introduction Food and Nutrition Service (FNS) will collect information using several forms. into the United States and the interstate collect information on the outstanding Need and Use of the Information: FSA dissemination within the United States aggregate claim balance; claims will collect information to evaluate an of communicable diseases of livestock established; collections; any balance applicant’s eligibility and feasibility for and poultry, and to pay claims growing and collection adjustments; and the loan assistance. If the information is not out of the destruction of animals. amount to be retained for collecting collected from each applicant, or Disease prevention is the most effective non-agency error claims. The collected less frequently, FSA would be method of maintaining a healthy animal information will be used by State unable to make eligibility and feasibility population and enhancing the ability of agencies to ascertain aggregate claim determinations. the United States to compete in the balance and collections for determining global market of animal and animal overall performance, the collection Description of Respondents: Farms; products. The Animal and Plant Health amounts to return to FNS, and claim Individuals or households; Business or Inspection Service (APHIS) is charged retention amounts. FNS will receive other for-profit; Federal Government. with carrying out this disease collections and report collection activity Number of Respondents: 267. prevention mission. Highly pathogenic to Treasury. Frequency of Responses: Reporting: avian influenza (AI) is an extremely Description of Respondents: State, Other (Eligibility). infectious and deadly form of AI and Local or Tribal Government. Total Burden Hours: 414. can cause sudden death in poultry Number of Respondents: 53.

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Frequency of Responses: Description of Respondents: Food and Nutrition Service Recordkeeping; Reporting: Quarterly. Individuals or households; Business or Title: Child Nutrition Labeling Total Burden Hours: 42. other for-profit; Not-for-profit Program. institutions; Farms; Federal OMB Control Number: 0584–0320. Forest Service Government; State, Local or Tribal Summary of Collection: The Child Government. Title: Special Use Administration. Nutrition Labeling Program is a OMB Control Number: 0596–0082. Number of Respondents: 60,750. voluntary technical assistance program Summary of Collection: Title 5 of the Frequency of Responses: Reporting: administered by the Food and Nutrition Federal Land Policy and Management On occasion; Quarterly; Annually. Service (FNS). The program is designed Act of 1976 (FLPMA, P.L. 94–579), the Total Burden Hours: 82,775. to aid schools and institutions Organic Administration Act of 1897, (30 Forest Service participating in the National School Stat. 34) and the Secretary’s Regulations Lunch Program, the School Breakfast at Title 36, Code of Federal Regulations, Title: National Visitor Use Program, the Child and Adult Care Food Section 251, Subpart B (36 CFR 251, Monitoring, and Customer and Use Program, and the Summer Food Service Subpart B), provides for authorities and Survey Techniques for Operations, Program in determining the contribution requirements for the application, Management, Evaluation, and Research. a commercial product makes towards issuance, and administration of special OMB Control Numbers: 0596–0110. the meal pattern requirements. By uses on National Forest System Lands. Summary of Collection: The National requiring that companies that sell food There is a basic obligation of the agency Forest Management Act (NFMA) of 1976 to the government for use in nutrition to ensure that the use of Federal lands and the Forest and Rangeland program to identify the contribution of is in the public interest; is compatible Renewable Resources Act (RPA) of 1974 a product to the established meal with the mission of the Forest Service require a comprehensive assessment of pattern requirements. The Child (FS); and that environmental and social present and anticipated uses, demand Nutrition Labeling Program is impacts are identified and mitigated and for and supply of renewable resources implemented in conjunction with that a fee based on fair market value is from the nation’s public and private existing label approval programs received. The evaluation can only be forests and rangelands. The Forest administered by the Food Safety and accomplished with the cooperation and Service (FS) is required to report to Inspection Service (FSIS), the information furnished by the applicant Congress and others in conjunction with Agricultural Marketing Service (AMS), or permit holder. The information is these legislated requirements as well as and the U.S. Department of Commerce. needed from those parties who seek the use of appropriated funds. An In addition to an application for special-use authorizations to conduct important element in the reporting is approval of a Child Nutrition label, private or commercial operations or the number of visits to National Forests companies must include a separate National Forest System land, or from and Grasslands, as well as to Wilderness statement on how the product satisfies those who are currently utilizing Areas that the agency manages. The meal pattern requirements. All National Forest System lands for private Customer and Use Survey Techniques information is submitted to FSIS on or public use. FS will collect for Operations, Management, Evaluation form FSIS 7234–1, Application for informationusing several forms. and Research (CUSTOMER) study Approval of Labels, Marking or Device. Need and Use of the Information: FS combines several different survey Need and Use of the Information: FNS will collect information on: (1) the approaches to gather data describing uses the information collected by FSIS identity of the applicant; (2) the nature visitors to and users of public recreation to aid school food authorities and other of the request and project description; lands, including their trip activities, institutions participating in child (3) location of National Forest System satisfaction levels, evaluations, nutrition programs in determining the lands requested for use; (4) technical demographic profiles, trip contribution a commercial product and financial capability of the requester; characteristics, spending, and annual makes towards the established meal (5) alternatives considered, including visitation patterns. FS will use face-to- pattern requirements. use of nonfederal lands and; (6) face interviewing for collecting Description of Respondents: Business anticipated environmental impacts and information on-site as well as written or other for-profit. proposed mitigation of those impacts. survey instruments to be mailed back by Number of Respondents: 946. The authorized forest officer evaluates respondents. Frequency of Responses: Reporting: this information and makes a decision Need and Use of the Information: FS Other (as needed). to approve or disapprove the requested plans to collect information from a Total Burden Hours: 1,938. use. The information required to variety of National Forests and other evaluate the merits of the applicant’s Sondra Blakey, recreation areas. Information gathered request to use National Forest System Departmental Information Collection through the various Customer modules lands that is a not available elsewhere. Clearance Officer. has been and will continue to be used The use of the forms helps reduce the [FR Doc. 03–5433 Filed 3–6–03; 8:45 am] by planners, researchers, managers, burden on the applicant by providing a BILLING CODE 3410–01–M policy analysts, and legislators in listing of the information that is resource management areas, regional required by law and tailored to the offices, regional research stations, intended use proposed by the DEPARTMENT OF AGRICULTURE agency headquarters, and legislative respondent. Use of the forms is of offices. extreme benefit to applicants in that Elk and Forest Counties, PA; Notice of they do not have to refer to the Description of Respondents: Intent To Prepare an Environmental regulations or policy manuals to Individuals or households. Impact Statement Number of Respondents: 66,000. determine what information is needed AGENCY: Forest Service, USDA. by the agency. Without the forms, the Frequency of Responses: Reporting; ACTION: Notice of intent to prepare an cost to the applicant would be Quarterly; Annually. environmental impact statement. increased. Total Burden Hours: 9,000.

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SUMMARY: In accordance with the management through planting and requires examining the road system to National Environmental Policy Act, seeding of native herbaceous vegetation, determine if the existing road system is notice is hereby given that the Forest (c) restoring/improving terrestrial adequate (or if improvements are Service, Allegheny National Forest habitat structure through aspen needed), and if any roads need to be (ANF), Marienville Ranger District will management, creating snag and closed for resource protection or other prepare a Draft Environmental Impact providing coarse woody debris, and reasons (e.g., water quality, wildlife, or Statement to disclose the environmental placing nest structures; (5) recreation opportunities). consequences of the proposed Brush Transportation activities consisting of 2. Even-Aged/Uneven-Aged Creek Project. The purpose of this road construction, reconstruction, Management—The Forest Plan provides project is to move the ANF from the eliminating unnecessary roads, direction regarding the primary existing condition towards the desired limestone surfacing, maintaining roads silvicultural system to be used in each condition, as detailed in the Allegheny to high standards, and pit expansion/ management area; for Management Area National Forest Land and Resource construction; (6) Recreation activities 3.0 it is even-aged management. Management Plan (Forest Plan). including trail realignment, However, uneven-aged management is The Forest Plan provides for construction of parking areas, and an option considered for inclusions management of forest resources. efforts to curb illegal Off-Highway such as riparian areas, wet soils, or Management objectives include Vehicle (OHV) use. visually sensitive areas. producing a sustainable supply of high- During project analysis issues will be These issues may be modified as quality saw timber and wood products, identified that focus on the management additional issues are identified during developing and maintaining a wide of the area. Alternatives will be scoping. A range of alternatives will be array of wildlife habitats, and providing developed to show various ways to considered after public comments are a range of recreation settings and address the issues. This process is received and analyzed. One of these will experiences. The Allegheny National driven by comments received from the consider No Action for the Project Area. Forest is divided into specific zones or public, other agencies, and internal Another alternative will be the proposed Management Areas. Specific objectives Forest Service concerns. To assist in action. Management actions within the are defined for each Management Area, commenting, a scoping letter providing alternatives will respond to the issues in and the Brush Creek Project Area more detailed information on the project different ways by varying the size and contains Management Areas 1.0, 3.0, proposal has been prepared and is intensity of the treatments and projects 6.1, and 6.3. MA 3.0 emphasizes timber available to interested parties. proposed. The amount of even and harvest as a means for making desired uneven-aged management, wildlife, DATES: The public comment period will recreation development, road changes to forest vegetation and be for 30 days from the date this notice management, watershed rehabilitation satisfying the public demand for timber is published in the Federal Register. and other activities may differ within products. Management Area 1.0 Comments and suggestions concerning emphasizes habitat conditions in early the alternatives. The combinations of the scope of the analysis should be successional forest stages and those proposed activities are likely to be submitted within this timeframe to wildlife species dependent on such adjusted after all comments are ensure consideration. habitat. Management Area 6.1 reviewed. emphasizes management of forest ADDRESSES: Submit written, oral, or e- Comments that are site-specific in vegetation as mature or over mature mail comments by: nature are most helpful to resource forest. Management Area 6.3 is a special (1) Mail—Brush Creek Project, ID professionals when trying to narrow and management area designated for Team Leader, Marienville Ranger address the public’s issues and waterfowl and associated riparian District, Ridgway Office, 1537 concerns. habitat management. Montmorenci Road, Ridgway, PA 15953; Commenting: Comments received, (2) Phone—814–776–6172; In order to move toward the Desired _ _ including names and addresses of those Condition proposed activities include: (3) E-mail—r9 allegheny [email protected] who comment, will be considered part (1) Regeneration harvests consisting of (please note: when commenting by e- of the public record and may be subject shelterwood seed/removal cuts, mail be sure to list Brush Creek EIS in to public disclosure. Any person may overstory removal cuts, clearcuts, and the subject line and include a U.S. request the Agency to withhold a two-age harvests; (2) Intermediate Postal Service address so we may add submission from the public record by harvest consisting of thinning/ you to our mailing list). showing how the Freedom of improvement cuts, single tree and group FOR FURTHER INFORMATION CONTACT: Information Act (FOIA) permits such selection, salvage harvests, and release Kevin Treese or Chris Thornton, confidentiality. cuts (pre-commercial timber stand Marienville Ranger District, at 814–776– The Draft EIS is expected to be filed improvement); (3) Reforestation 6172. with the Environmental Protection treatment consisting of herbicide SUPPLEMENTARY INFORMATION: Agency and available for public review application, site preparation, Preliminary Issues were developed by October 2003. At that time the fertilization, fencing, release, and, based on past projects in the area Environmental Protection Agency will planting; (4) Wildlife habitat (environmental analysis), issues publish a Notice of Availability of the improvement consisting of (a) restoring/ developed for similar projects, and document in the Federal Register (this improving aquatic habitat through Forest Service concerns and will begin the 45-day comment period planting and controlling aquatic, shrub, opportunities identified in the Project on the Draft EIS). After the comment and conifer and streamside vegetation Area. These issues are listed below: period ends on the Draft EIS, the species and rehabilitating erosion prone 1. Road Management—The Forest comments will be analyzed and areas and placing aquatic structures and Service will complete a Roads Analysis, considered by the Forest Service in coarse woody debris, (b) restoring/ which includes evaluating all roads in preparing the final environmental reestablishing/improving terrestrial the Roads Analysis Area for effects to impact statement. The Final EIS is habitat vegetation through planting and the ecosystem. This effort is being scheduled for release in April 2004. releasing native trees and shrubs, undertaken within the Brush Creek The Forest Service believes it is prescribed burning, and opening project area. The proposed action important to give reviewers notice at

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this early stage of several court rulings ACTION: Notice of meeting. SUMMARY: It has been determined by the related to public participation in the NRCS State Conservationist for environmental review process. First, SUMMARY: The Yakutat Resource Tennessee that changes must be made in reviewers of draft environmental impact Advisory Committee will meet in the NRCS Field Office Technical Guide, statements must structure their Yakutat, Alaska. The purpose of the specifically in practice standards participation in the environmental meeting is continue business of the Contour Farming (Code 330) and review of the proposal so that it is Yakutat Resource Advisory Committee. Conservation Crop Rotation (Code 328) meaningful and alerts an agency to the The committee was formed to carry out to account for improved technology. reviewer’s position and contentions the requirements of the Secure Rural These practice standards can be used in (Vermont Yankee Nuclear Power Corp. Schools and Self-Determination Act of systems that treat highly erodible v. NRDC, 435 U.S. 519 553 [1978]). 2000. The agenda for this meeting is to cropland. review submitted project proposals and Also, environmental objection that consider recommending projects for DATES: Comments will be received for a could be raised at the draft funding. Project proposals are due by 30-day period commencing with the environmental impact statement state March 17, 2003 to be considered at this date of this publication. but that are not raised until after meeting. FOR FURTHER INFORMATION CONTACT: completion of the final environmental Inquire in writing to James W. Ford, impact statement stage may be waived DATES: The meeting will be held April 4, 2003 from 6–9 p.m. and will continue State Conservationist, Natural Resources or dismissed by the courts (City of Conservation Service (NRCS), 675 U.S. Angoon v. Hodel, 803 F.2nd 1016, 1022 on April 5, 2003 from 9–12 a.m., if necessary. Courthouse, 801 Broadway, Nashville, [9th Cir. 1986] and Wisconsin Heritages, Tennessee, 37203, telephone number Inc. v. Harris, 490 F. Supp. 1334, 1338 ADDRESSES: The meeting will be held at (615) 277–2531. Copies of the practice [E.D. Wis. 1980]). the Kwaan Conference Room, 712 Ocean standards will be made available upon Because of the court rulings, it is very Cape Drive, Yakutat, Alaska. Send written request. written comments to Tricia O’Connor, important that those interested in this SUPPLEMENTARY INFORMATION: Section c/o Forest Service, USDA, PO Box 327, proposed action participate by the close 343 of the Federal Agriculture Yakutat, AK 99689, (907) 784–3359 or of the 45-day comment period so that Improvement and Reform Act of 1996 electronically to [email protected]. substantive comments are made states that revisions made after available to the Forest Service at a time FOR FURTHER INFORMATION CONTACT: enactment of the law to NRCS state when they can be meaningfully Tricia O’Connor, District Ranger and technical guides used to perform highly considered and responded to in the final Designated Federal Official, Yakutat erodible land and wetland provisions of environmental impact statement. To Ranger District, (907) 784–3359. the law shall be made available for assist the Forest Service in identifying SUPPLEMENTARY INFORMATION: The public review and comment. For the and consider issues and concerns on the meeting is open to the public. Council next 30 days, the NRCS in Tennessee proposed action, comments on the draft discussion is limited to Forest Service will receive comments relative to the environmental impact statement should staff and Council members. However, proposed changes. Following that be as specific as possible. It is also persons who wish to bring resource period, a determination will be made by helpful if comments refer to specific projects or other Resource Advisory the NRCS in Tennessee regarding pages, sections, or chapters of the draft Committee matters to the attention of disposition of those comments and a statement. Comments may also address the Council may file written statements final determination of change will be the adequacy of the draft environmental with the Council staff before or after the made to the subject practice standards. impact statement or the merits of the meeting. Public input sessions will be alternatives formulated and discussed in provided and individuals who made Dated: February 28, 2003. the statement. Reviewers may wish to written requests by March 28, 2003 will James W. Ford, refer to Council on Environmental have the opportunity to address the State Conservationist. Quality Regulations for implementing Council at those sessions. [FR Doc. 03–5428 Filed 3–6–03; 8:45 am] the procedural provisions of the Dated: February 28, 2003. BILLING CODE 3410–16–P National Environmental Policy Act at Patricia M. O’Connor, CFR 1503.3 in addressing these points. District Ranger, Yakutat Ranger District, COMMITTEE FOR PURCHASE FROM This decision will be subject to appeal Tongass National Forest. under 36 CFR 215. The responsible PEOPLE WHO ARE BLIND OR [FR Doc. 03–5436 Filed 3–6–03; 8:45 am] SEVERELY DISABLED official is Leon F. Blashock, Marienville BILLING CODE 3410–11–M Ranger District, Ridgway Office, 1537 Procurement List; Proposed Additions Montmorenci Road, Ridgway, PA 15853 at (814) 776–6172. DEPARTMENT OF AGRICULTURE AGENCY: Committee for Purchase from Dated: February 28, 2003. People Who Are Blind or Severely Natural Resources Conservation Kevin B. Elliott, Disabled. Service Forest Supervisor. ACTION: Proposed additions to Procurement List. [FR Doc. 03–5253 Filed 3–6–03; 8:45 am] Notice of Proposed Changes to BILLING CODE 3410–11–P Section IV of the Tennessee Field SUMMARY: The Committee is proposing Office Technical Guide (FOTG) to add to the Procurement List services to be furnished by nonprofit agencies DEPARTMENT OF AGRICULTURE AGENCY: Natural Resources Conservation Service (NRCS), USDA. employing persons who are blind or Forest Service have other severe disabilities. ACTION: Notice of availability of Comments Must Be Received On or proposed changes in the Tennessee Before: April 6, 2003. Yakutat Resource Advisory Committee NRCS Field Office Technical Guide, ADDRESSES: Committee for Purchase Section IV, for review and comment. AGENCY: Forest Service, USDA. From People Who Are Blind or Severely

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Disabled, Jefferson Plaza 2, Suite 10800, COMMITTEE FOR PURCHASE FROM NPA: Pathfinder, Inc., Jacksonville, 1421 Jefferson Davis Highway, PEOPLE WHO ARE BLIND OR Arkansas. Arlington, Virginia 22202–3259. SEVERELY DISABLED Contract Activity: Central Arkansas FOR FURTHER INFORMATION CONTACT: Procurement List; Addition Veterans Healthcare System, North Sheryl D. Kennerly, (703) 603–7740. Little Rock, Arkansas. This action does SUPPLEMENTARY INFORMATION: AGENCY: Committee for Purchase from not affect current contracts awarded This notice is published pursuant to People Who Are Blind or Severely prior to the effective date of this 41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its Disabled. addition or options that may be purpose is to provide interested persons ACTION: Additions to Procurement List. exercised under those contracts. an opportunity to submit comments of Sheryl D. Kennerly, the proposed actions. If the Committee SUMMARY: This action adds to the approves the proposed additions, the Procurement List a service to be Director, Information Management. entities of the Federal Government furnished by a nonprofit agency [FR Doc. 03–5452 Filed 3–6–03; 8:45 am] identified in the notice for each service employing persons who are blind or BILLING CODE 6353–01–P will be required to procure the services have other severe disabilities. listed below from nonprofit agencies EFFECTIVE DATE: April 6, 2003. employing persons who are blind or ADDRESSES: Committee for Purchase have other severe disabilities. I certify From People Who Are Blind or Severely BROADCASTING BOARD OF that the following action will not have Disabled, Jefferson Plaza 2, Suite 10800, GOVERNORS a significant impact on a substantial 1421 Jefferson Davis Highway, number of small entities. The major Arlington, Virginia 22202–3259. Sunshine Act; Meeting factors considered for this certification FOR FURTHER INFORMATION CONTACT: were: Sheryl D. Kennerly, (703) 603–7740. DATE AND TIME: March 11, 2003; 1 p.m.– 1. If approved, the action will not 4:30 p.m. result in any additional reporting, SUPPLEMENTARY INFORMATION: recordkeeping or other compliance On December 27, 2002, the Committee PLACE: Cohen Building, Room 3321, 330 requirements for small entities other for Purchase From People Who Are Independence Ave., SW., Washington, than the small organizations that will Blind or Severely Disabled published DC 20237. notice (67 FR 79045) of proposed furnish the services to the Government. CLOSED MEETING: The members of the 2. If approved, the action will result addition to the Procurement List. After consideration of the material presented Broadcasting Board of Governors (BBG) in authorizing small entities to furnish will meet in closed session to review the services to the Government. to it concerning capability of qualified nonprofit agency to provide the service and discuss a number of issues relating 3. There are no known regulatory to U.S. Government-funded non- alternatives which would accomplish and impact of the addition on the current or most recent contractors, the military international broadcasting. the objectives of the Javits-Wagner- They will address internal procedural, O’Day Act (41 U.S.C. 46–48c) in Committee has determined that the service listed below is suitable for budgetary, and personnel issues, as well connection with the services proposed as sensitive foreign policy issues for addition to the Procurement List. procurement by the Federal Government relating to potential options in the U.S. Comments on this certification are under 41 U.S.C. 46–48c and 41 CFR 51– international broadcasting field. This invited. Commenters should identify the 2.4. I certify that the following action meeting is closed because if open it statement(s) underlying the certification will not have a significant impact on a likely would either disclose matters that on which they are providing additional substantial number of small entities. information. The major factors considered for this would be properly classified to be kept certification were: secret in the interest of foreign policy The following services are proposed 1. The action will not result in any under the appropriate executive order (5 for addition to Procurement List for additional reporting, recordkeeping or production by the nonprofit agencies U.S.C. 552b.(c)(1)) or would disclose other compliance requirements for small listed: information the premature disclosure of entities other than the small which would be likely to significantly Services organizations that will furnish the frustrate implementation of a proposed Service Type/Location: Base Supply Center & service to the Government. agency action. (5 U.S.C. 552b.(c)(9)(B).) Individual Equipment Element, Buckley 2. The action will result in In addition, part of the discussion will Air Force Base, Colorado. authorizing small entities to furnish the relate solely to the internal personnel NPA: Envision, Inc., Wichita, Kansas. service to the Government. and organizational issues of the BBG or Contract Activity: 460th Air Base Wing, 3. There are no known regulatory the International Broadcasting Bureau. Buckley AFB, Colorado. alternatives which would accomplish (5 U.S.C. 552b.(c)(2) and (6).) Service Type/Location: Janitorial/Grounds the objectives of the Javits-Wagner- Maintenance, Bureau of Alcohol, Tobacco O’Day Act (41 U.S.C. 46–48c) in FOR FURTHER INFORMATION CONTACT: and Firearms National Laboratory, connection with the service proposed Persons interested in obtaining more Beltsville, Maryland. for addition to the Procurement List. information should contact either NPA: Northwestern Workshop, Inc., Brenda Hardnett or Carol Booker at Winchester, Virginia. Accordingly, the following service is Contract Activity: Department of the added to the Procurement List: (202) 401–3736. Treasury, Bureau of ATF, Washington, DC. Service Dated: March 4, 2003. Sheryl D. Kennerly, Service Type/Location: Rehabilitation Carol Booker, Director, Information Management. Support Services, Central Arkansas Legal Counsel. [FR Doc. 03–5451 Filed 3–6–03; 8:45 am] Veterans Healthcare System, North [FR Doc. 03–5614 Filed 3–5–03; 1:05 pm] BILLING CODE 6353–01–P Little Rock, Arkansas. BILLING CODE 8230–01–M

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DEPARTMENT OF COMMERCE Dated: March 3, 2003. would be made to the Board on a case- Gwellnar Banks, by-case basis. Submission for OMB Review; Management Analyst, Office of the Chief In accordance with the Board’s Comment Request Information Officer. regulations, a member of the FTZ Staff [FR Doc. 03–5361 Filed 3–6–03; 8:45 am] has been designated examiner to BILLING CODE 3510–BV–P investigate the application and report to the Board. The Department of Commerce has As part of the investigation, the submitted to the Office of Management DEPARTMENT OF COMMERCE Commerce examiner will hold a public and Budget (OMB) for clearance the hearing on April 1, 2003, at 9 a.m., at following proposal for collection of Foreign-Trade Zones Board the Bowie County Court House, information under the provisions of the Commissioners Court Room, 710 James Paperwork Reduction Act (44 U.S.C. [Docket 10–2003] Bowie Drive, New Boston, Texas 75570. Chapter 35). Public comment on the application is Agency: Office of the Secretary. Proposed Foreign-Trade Zone—Bowie invited from interested parties. Title: Postsecondary Internship County, TX; Application and Public Submissions (original and 3 copies) Program Intern Evaluation Survey. Hearing shall be addressed to the Board’s Form Number(s): CD–577. An application has been submitted to Executive Secretary at one of the OMB Approval Number: 0690–0021. the Foreign-Trade Zones (FTZ) Board following addresses: Type of Request: Regular submission. (the Board) by the Red River 1. Submissions via Express/Package Delivery Services: Foreign-Trade Zones Burden Hours: 55 hours. Redevelopment Authority, to establish a general-purpose foreign-trade zone at Board, U.S. Department of Commerce, Number of Respondents: 110. sites in Bowie County, Texas, adjacent Franklin Court Building—Suite 4100W, Average Hours Per Response: 30 to the Shreveport-Bossier City Customs 1099—14th Street NW., Washington, DC minutes. port of entry. The FTZ application was 20005; or Needs and Uses: The Office of submitted pursuant to the provisions of 2. Submissions via the U.S. Postal Executive Budgeting and Assistance the FTZ Act, as amended (19 U.S.C. 81a- Service: Foreign-Trade Zones Board, Management (OEBAM) manages the 81u), and the regulations of the Board U.S. Department of Commerce, FCB— U.S. Department of Commerce (DOC) (15 CFR part 400). It was formally filed Suite 4100W, 1401 Constitution Avenue Postsecondary Internship Program. The on February 25, 2003. The applicant is NW., Washington, DC 20230. program is competitively awarded and authorized to make the proposal under The closing period for their receipt is funded by cooperative agreements with Senate Bill 691 of the 70th Legislature May 6, 2003. Rebuttal comments in the purpose of providing experiential of the State of Texas (Regular Session, response to material submitted during training opportunities for post 1987), codified as Tex. Rev. Civ. Stat. the foregoing period may be submitted secondary students at DOC and other Ann. Art. 144601. during the subsequent 15-day period (to partner federal agencies. The program is The proposed zone would be the third May 21, 2003). administered through a partnership general-purpose zone in the Shreveport A copy of the application and between DOC and non-profit and/or Customs port of entry area. The existing accompanying exhibits will be available educational institutions. We intend to zones are FTZ 145 in Shreveport, for public inspection at the Office of the use the information collected from the Louisiana (Grantee: Caddo-Bossier Foreign-Trade Zones Board’s Executive intern evaluations to make program Parishes Port Commission, Board Order Secretary at the first address listed improvements and implement 370, 53 FR 1503, 1/20/88) and FTZ 234 above, and at the Office of the Red River performance measures for strategic in Gregg County, Texas (Grantee: Gregg Redevelopment Authority, 107 Chapel planning. County, Texas, Board Order 1003, 63 FR Lane, New Boston, Texas 75570. Affected Public: Individuals or 63671, 11/16/98). Dated: February 28, 2003. households, and Federal government. The proposed zone would consist of Dennis Puccinelli, Frequency: Three times per year two sites covering 684 acres in the Executive Secretary. (summer, fall and spring sessions). Greater Texarkana area of northeastern [FR Doc. 03–5498 Filed 3–6–03; 8:45 am] Texas: Site 1 (524 acres)—Red River Respondent’s Obligation: Voluntary. BILLING CODE 3510–DS–P Commerce Park (the former Red River OMB Desk Officer: David Rostker, Army Depot), Bowie County, Texas, (202) 395–3897. approximately 18 miles west of DEPARTMENT OF COMMERCE Copies of the above information Texarkana and the Texas-Arkansas collection proposal can be obtained by border, and, Site 2 (160 acres)—City of International Trade Administration calling or writing Diana Hynek, Nash Industrial Park, Bowie County, Departmental Paperwork Clearance Texas, approximately 15 miles west of [A-201–805] Officer, (202) 482–0266, Department of Texarkana and the Texas-Arkansas Commerce, Room 6625, 14th and border. Site 1 is owned by the applicant Circular Welded Non-Alloy Steel Pipe Constitution Avenue, NW., Washington, and Site 2 is owned by the Nash From Mexico: Rescission of DC 20230 (or via the Internet at Industrial Development Corporation and Antidumping Duty Administrative [email protected]). Bodega Bay Limited. Review Written comments and The application indicates a need for AGENCY: Import Administration, recommendations for the proposed zone services in the Greater Texarkana International Trade Administration, information collection should be sent area. Several firms have indicated an Department of Commerce. within 30 days after publication to interest in using zone procedures for ACTION: Notice of Rescission of David Rostker, OMB Desk Officer, Room warehousing/distribution activities. Antidumping Duty Administrative 10202, New Executive Office Building, Specific manufacturing approvals are Review. Washington, DC 20503. not being sought at this time. Requests

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SUMMARY: On December 26, 2002, the certified/stenciled that enters the United DEPARTMENT OF COMMERCE Department of Commerce (‘‘the States as line pipe of a kind used for oil Department’’) published in the Federal or gas pipelines is also not included in International Trade Administration Register (67 FR 78772) a notice these orders. [A-337–803] announcing the initiation of an Imports of the products covered by administrative review of the these orders are currently classifiable Fresh Atlantic Salmon from Chile: antidumping duty order on circular under the following Harmonized Tariff Amended Final Results of 2000–2001 welded non-alloy steel pipe from Administrative Review Mexico. This administrative review Schedule (HTS) subheadings: covered two Mexican manufacturers of 7306.30.10.00, 7306.30.50.25, AGENCY: Import Administration, circular welded non-alloy steel pipe, 7306.30.50.32, 7306.30.50.40, International Trade Administration, Niples Del Norte S.A. de C.V. (‘‘NDN’’) 7306.30.50.55, 7306.30.50.85, and Department of Commerce. and Hylsa S.A. de C.V. (‘‘Hylsa’’), for the 7306.30.50.90. EFFECTIVE DATE: March 7, 2003. period of November 1, 2001, through Although the HTS subheadings are SUMMARY: On February 11, 2003, the October 31, 2002. The Department has provided for convenience and customs Department of Commerce (the now rescinded this review as a result of purposes, our written description of the Department) published in the Federal requests by both parties to withdraw scope of these proceedings is Register the final results of the from the review. dispositive. administrative review of the EFFECTIVE DATE: March 7, 2003. antidumping duty order on fresh Background FOR FURTHER INFORMATION CONTACT: John Atlantic salmon from Chile for the period July 1, 2000, through June 30, Drury or Abdelali Elouaradia, The Department published an 2001. See Notice of Final Results of Enforcement Group III, Office 8, Import antidumping duty order on circular Administration, International Trade Antidumping Duty Administrative welded non-alloy steel pipe and tube Review, Final Determination to Revoke Administration, U.S. Department of from Mexico on November 2, 1992 (57 Commerce, 14th Street and Constitution the Order in Part, and Partial Rescission FR 49453). The Department published a of Antidumping Duty Administrative Avenue, N.W., Room 7866, Washington, notice of ‘‘Opportunity to Request an D.C. 20230; telephone (202) 482–0195 or Review: Fresh Atlantic Salmon From Administrative Review’’ of the (202) 482–1374, respectively. Chile, 68 FR 6878 (February 11, 2003) antidumping duty order for the 2001/ SUPPLEMENTARY INFORMATION: (Final Results). 2002 review period on November 1, In those results the Department Scope of the Review 2002 (67 FR 66612). Respondents NDN inadvertently omitted the effective date The products covered by these orders and Hylsa requested that the of revocation for those companies that are circular welded non-alloy steel Department conduct an administrative were revoked from the order. This pipes and tubes, of circular cross- review of the antidumping duty order information is provided in the section section, not more than 406.4 millimeters on circular welded non-alloy steel pipe entitled ‘‘Effective Date of Revocation.’’ (16 inches) in outside diameter, and tube from Mexico. FOR FURTHER INFORMATION CONTACT: regardless of wall thickness, surface The Department received timely Vicki Schepker or Constance Handley, finish (black, galvanized, or painted), or requests for withdrawal from the at (202) 482–1756 or (202) 482–0631, end finish (plain end, beveled end, administrative review from NDN on respectively, AD/CVD Enforcement threaded, or threaded and coupled). December 20, 2002, and from Hylsa on Office V, Group II, Import These pipes and tubes are generally December 19, 2002. The applicable Administration, International Trade known as standard pipes and tubes and regulation, 19 CFR 351.213(d)(1), states Administration, U.S. Department of are intended for the low pressure that the Secretary will rescind an Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. conveyance of water, steam, natural gas, administrative review under this and other liquids and gases in plumbing section, in whole or in part, if a party SUPPLEMENTARY INFORMATION: and heating systems, air conditioning that requested a review withdraws the units, automatic sprinkler systems, and Background request within 90 days of the date of other related uses, and generally meet On February 11, 2003, the Department publication of notice of initiation of the ASTM A-53 specifications. Standard published the final results in this pipe may also be used for light load- requested review. In light of the fact that administrative review. In those results, bearing applications, such as for fence all of the parties who initially requested the Department revoked the tubing, and as structural pipe tubing an administrative review have antidumping duty order as to Cultivos used for framing and support members withdrawn their requests in a timely Marinos Chiloe, Ltda. (Cultivos for reconstruction or load-bearing manner, we are rescinding this review. Marinos), Marine Harvest (Chile) S.A. purposes in the construction, This notice is published in (Marine Harvest), Salmones Mainstream shipbuilding, trucking, farm equipment, accordance with 19 CFR 351.213(d)(4). S.A. (Mainstream), and Salmones and related industries. Unfinished Pacifico Sur S.A. (Pacifico Sur). Dated: February 28, 2003. conduit pipe is also included in these However, the Department inadvertently orders. Faryar Shrizad, failed to indicate the effective date of All carbon steel pipes and tubes Assistant Secretary for Import revocation. within the physical description outlined Administration. above are included within the scope of [FR Doc. 03–5497 Filed 3–6–03; 8:45 am] Scope of Review these orders, except line pipe, oil BILLING CODE 3510–DS–S The product covered by this review is country tubular goods, boiler tubing, fresh, farmed Atlantic salmon, whether mechanical tubing, pipe and tube imported ‘‘dressed’’ or cut. Atlantic hollows for redraws, finished salmon is the species Salmo salar, in the scaffolding, and finished conduit. genus Salmo of the family salmoninae. Standard pipe that is dual or triple ‘‘Dressed’’ Atlantic salmon refers to

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salmon that has been bled, gutted, and with sections 751(a)(1) and 777(i) of the received a timely request from the cleaned. Dressed Atlantic salmon may Act. petitioner, IHI-Verson Press Technology, be imported with the head on or off; Dated: February 28, 2003. LLC, for an administrative review of HZC, H&F, Komatsu Corporation, Ltd. with the tail on or off; and with the gills Faryar Shirzad, in or out. All cuts of fresh Atlantic (Komatsu) and Komatsu American Assistant Secretary for Import Industries, LLC. On March 27, 2002, we salmon are included in the scope of the Administration. review. Examples of cuts include, but published a notice initiating an [FR Doc. 03–5493 Filed 3–6–02; 8:45 am] are not limited to: crosswise cuts administrative review of MTPs (67 FR (steaks), lengthwise cuts (fillets), BILLING CODE 3510–DS–S 14696) for HZC, and HZC’s subsidiary, lengthwise cuts attached by skin H&F, and Komatsu. On May 22, 2002, we published Mechanical Transfer (butterfly cuts), combinations of DEPARTMENT OF COMMERCE crosswise and lengthwise cuts Presses from Japan: Final Results of (combination packages), and Atlantic International Trade Administration Antidumping Duty Administrative salmon that is minced, shredded, or Review and Revocation, in-Part, in ground. Cuts may be subjected to [A–588–810] which we revoked the antidumping various degrees of trimming, and order with respect to Komatsu. The Mechanical Transfer Presses from revocation was effective for subject imported with the skin on or off and Japan: Preliminary Results of with the ‘‘pin bones’’ in or out. merchandise entered, or withdrawn Antidumping Duty Administrative from warehouse, for consumption on or Excluded from the scope are (1) fresh Review Atlantic salmon that is ‘‘not farmed’’ after February 1, 2001. See 67 FR 35958. (i.e., wild Atlantic salmon); (2) live AGENCY: Import Administration, Due to complicated issues in this Atlantic salmon; and (3) Atlantic International Trade Administration, case, on October 25, 2002, the salmon that has been subject to further U.S. Department of Commerce. Department extended the deadline for the preliminary results of this processing, such as frozen, canned, SUMMARY: The Department of Commerce dried, and smoked Atlantic salmon, or (the Department) is conducting an antidumping duty administrative review processed into forms such as sausages, administrative review of the until no later than February 28, 2003. hot dogs, and burgers. antidumping duty order on mechanical See Mechanical Transfer Presses From Japan: Extension of Time Limit for The merchandise subject to this transfer presses (MTPs) from Japan in Preliminary Results and Preliminary review is classifiable under item response to a request by Hitachi Zosen Rescission, in Part, of Antidumping numbers 0302.12.0003 and Corp. (HZC), and its subsidiary, Hitachi Administrative Review 67 FR 14696 0304.10.4093, 0304.90.1009, Zosen Fukui Corporation, doing (November 1, 2002). 0304.90.1089, and 0304.90.9091 of the business as H&F Corporation (H&F). Harmonized Tariff Schedule of the This review covers shipments of this Scope of the Antidumping Duty Order United States (HTSUS). Although the merchandise to the United States during Imports covered by this order include HTSUS subheadings are provided for the period of February 1, 2001, through mechanical transfer presses (MTPs) convenience and customs purposes, the January 31, 2002. We have preliminarily currently classifiable under Harmonized written description of the merchandise determined that U.S. sales have not Tariff Schedule of the United States is dispositive. been made below normal value (NV). If (HTSUS) item numbers 8462.99.8035, these preliminary results are adopted in Effective Date of Revocation 8462.21.8085, and 8466.94.5040. The our final results, we will instruct the HTSUS subheadings are provided for The revocation of the order applies to U.S. Customs Service to liquidate convenience and Customs purposes all entries of subject merchandise that entries without regard to antidumping only. The written description of the are produced and exported by Cultivos duties. Interested parties are invited to scope of this order is dispositive. The Marinos, Mainstream, Marine Harvest, comment on these preliminary results. term ‘‘mechanical transfer presses’’ and Pacifico Sur, entered, or withdrawn See Preliminary Results of Review refers to automatic metal-forming from warehouse, for consumption on or section of this notice. machine tools with multiple die stations after July 1, 2001. The Department will EFFECTIVE DATE: March 7, 2003. in which the work piece is moved from order the suspension of liquidation FOR FURTHER INFORMATION CONTACT: station to station by a transfer ended for all such entries and will Jacqueline Arrowsmith or Doug mechanism designed as an integral part instruct the U.S. Customs Service Campau, Antidumping/Countervailing of the press and synchronized with the (Customs) to release any cash deposits Duty Enforcement, Import press action, whether imported as or bonds. The Department will further Administration, International Trade machines or parts suitable for use solely instruct Customs to refund with interest Administration, U.S. Department of or principally with these machines. any cash deposits on entries made after Commerce, 14th Street and Constitution These presses may be imported June 30, 2001. Avenue, NW., Washington DC 20230; assembled or unassembled. Therefore, we are amending the Final telephone (202) 482–5255 or (202) 482– The Department published in the Results to reflect the above noted 1395, respectively. Federal Register several notices of effective date of revocation. scope rulings with respect to MTPs from Background Japan, determining that (1) spare and Assessment Rates The Department published an replacement parts are outside the scope Absent an injunction from the U.S. antidumping duty order on MTPs from of the order (see Notice of Scope Court of International Trade, the Japan on February 16, 1990 (55 FR Rulings, 57 FR 19602 (May 7, 1992); (2) Department will issue appropriate 5642). On February 19, 2002, the a destack sheet feeder designed to be assessment instructions directly to Department received a timely request used with a mechanical transfer press is Customs within 15 days of publication for an administrative review of the an accessory and, therefore, is not of these amended final results of review. antidumping duty order on MTPs from within the scope of the order (see Notice We are issuing and publishing this HZC and its subsidiary, H&F. On of Scope Rulings, 57 FR 32973 (July 24, determination and notice in accordance February 28, 2002, the Department 1992); (3) the FMX cold forging press is

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within the scope of the order (see Notice substantial retooling of either facility to merchandise to unaffiliated trading of Scope Rulings, 59 FR 8910 (February restructure manufacturing priorities. companies in Japan prior to importation 24, 1994); and (4) certain mechanical H&F maintains a production facility that into the United States, we preliminarily transfer press parts exported from Japan produces MTPs in Fukui Prefecture and determine that HZC/H&F’s sales were are outside the scope of the order (see another facility at Kanazu Town that EP sales. Furthermore, we found no Notice of Scope Rulings, 62 FR 9176 produces press accessories. HZC owns evidence that treating these sales as (February 28, 1997).) two subsidiaries that sometimes constructed export price sales is fabricate significant MTP components: Verification warranted. We calculated EP for HZC/ Hitachi Zosen Diesel and Engineering H&F based on the packed, freight As provided in section 782(i) of the Co., Ltd. (HZD&E) and IMEX prepaid price to the U.S. customer. We Tariff Act of 1930, as amended (the Act), Corporation. HZD&E, which is wholly- made deductions from the starting price we verified the sales and cost owned by HZC, is capable of for foreign inland freight, foreign inland information provided by H&F using manufacturing complete MTPs, insurance, foreign brokerage and standard verification procedures, on-site according to the H&F’s response. handling, international freight, marine inspection of the manufacturer’s With regard to common ownership, insurance, U.S. inland freight, U.S. facilities and the examination of which is one of the factors to be inland brokerage and handling, and relevant sales, financial, and cost considered under 19 CFR supervision installation expenses, in accounting records. Our verification 351.401(f)(2)(i), HZC owns significantly accordance with section 772(c)(2) of the results are outlined in the public and more than 50 percent of H&F’s voting Act. proprietary versions of the verification stock. report, which are on file in the Central Finally, with regard to 19 CFR Normal Value Records Unit of the Department. 351.401(f)(2)(iii), there are intertwined operations between companies. While the home market is viable, in Affiliation of HZC and H&F According to section A of the July 2, accordance with precedent in this HZC owns significantly more than 50 2001 response for the 2000–2001 proceeding, we have determined that percent of H&F. Accordingly, we administrative review, HZC’s and H&F’s constructed value (CV) should be used preliminarily find HZC and H&F to be press businesses were integrated in July to calculate NV. MTPs are made-to- affiliated pursuant to sections 771(33)(E) 1999. The former HZC engineers moved order, and there are significant physical and (G) of the Act. to a newly created Large Presses differences among these machines. For Department. See ‘‘Memorandum from example, when discussing two MTPs Collapsing HZC and H&F Jacqueline Arrowsmith to the File: with similar ton capacities, H&F Section 351.401(f) of the Department’s Mechanical Transfer Presses from officials explained that two particular regulations outlines the criteria for Japan,’’ dated February 25, 2003, subject presses had fundamentally collapsing (i.e., treating as a single placing this information on the record of different designs because of the number entity) affiliated producers. Pursuant to this review. Moreover, HZC sometimes of strikes, even when these MTPs have section 351.401(f), the Department will acts as the nominal ‘reseller’ for H&F’s similar capacities. See ‘‘Memorandum treat two or more affiliated producers as MTPs; for these ‘resales,’ HZC does not from Jacqueline Arrowsmith and Doug a single entity where (1) those producers perform any selling functions; it merely Campau to the File: Sales and Cost have production facilities for similar or allows H&F to use its name for Verification of Hitachi Zosen identical products that would not consideration in order to inspire the Corporation & Hitachi Zosen Fukui require substantial retooling of either customer’s confidence. Corporation in the Antidumping facility in order to restructure Based upon our review of the level of Administrative Review of Mechanical manufacturing priorities, and (2) the common ownership and the intertwined Transfer Presses from Japan,’’ dated Department concludes that there is a operations, we preliminarily find that January 31, 2003. See also Mechanical significant potential for the collapsing of these two entities under 19 Transfer Presses From Japan; manipulation of price or production. CFR 351.401(f) is appropriate in this Preliminary Results of Antidumping Pursuant to section 351.401(f)(2), in case. Duty Administrative Review, and Intent identifying a significant potential for the Normal Value Comparisons To Revoke, In-Part, 63 FR 10363 (March manipulation of price or production, the 7, 2002); Mechanical Transfer Presses Department may consider the following To determine whether respondents’ From Japan: Final Results of factors: exports of the subject merchandise to Antidumping Duty Administrative (i) The level of common ownership; the United States were made at less than Review and Revocation, in-Part, 67 FR (ii) The extent to which managerial NV, we compared export price (EP) to 35958 (May 22, 2002). employees or board members of one NV, as described in the ‘‘Export Price’’ firm sit on the board of directors of an and ‘‘Normal Value’’ sections of this Accordingly, we are using CV as the affiliated firm; and, notice. basis for NV for HZC/H&F, in (iii) Whether operations are accordance with section 773(a)(4) of the intertwined, such as through the sharing Export Price Act. CV consists of direct materials, of sales information, involvement in In accordance with section 772(a) of direct labor, variable overhead, fixed production and pricing decisions, the the Act, EP is the price at which subject overhead (yielding total cost of sharing of facilities or employees, or merchandise is first sold (or agreed to be manufacturing), plus selling, general significant transactions between the sold) before the date of importation by and administrative expenses, net affiliated producers. the producer or exporter of the subject interest expense, profit, and U.S. To establish the first prong of the merchandise outside the United States packing expenses. We subtracted home collapsing test, pursuant to section to an unaffiliated purchaser for export to market direct selling expenses 351.401(f)(1), the producers must have the United States. For purposes of this (warranties and credit). We added to CV production facilities equipped to administrative review, HZC/H&F has amounts for direct selling expenses manufacture similar or identical classified its sales as EP. Based on the (warranties and credit) for merchandise products that would not require fact that HZC/H&F sold the subject exported to the United States.

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Currency Conversion Department’s regulations at the rates Preliminary Results of Review We made currency conversions certified by the Federal Reserve Bank. We preliminarily determine that the pursuant to section 351.415 of the following dumping margin exists:

Margin Manufacturer/Exporter Time period (percent)

Hitachi Zosen Corp./Hitachi Zosen Fukui Corp ...... 02/01/01–01/31/02 0.00

Duty Assessments and Cash Deposit notice, and rebuttal briefs, limited to DEPARTMENT OF COMMERCE Requirements arguments raised in case briefs, are to be International Trade Administration The Department shall determine, and submitted no later than five days after the U.S. Customs Service shall assess, the time limit for filing case briefs. antidumping duties on all appropriate Parties who submit arguments in this [A–570–501] entries. The Department will issue proceeding are requested to submit with appropriate appraisement instructions the argument: (1) A statement of the Notice of Preliminary Results of directly to the U.S. Customs Service issues, and (2) a brief summary of the Administrative Review: Natural Bristle within 15 days of publication of the argument. Case and rebuttal briefs must Paintbrushes and Brush Heads From the People’s Republic of China final results of review. Furthermore, the be served on interested parties in following deposit rates will be effective accordance with 19 CFR 351.303(f). AGENCY: Import Administration, with respects to all shipments of MTPs Also, pursuant to 19 CFR 351.310, International Trade Administration, from Japan entered, or withdrawn from within 30 days of the date of publication Department of Commerce. warehouse, for consumption on or after of this notice, interested parties may the publication date of the final results, SUMMARY: The Department of Commerce as provided for by section 751(a)(2)(C) request a public hearing on arguments (the Department) is conducting an of the Act: (1) For HZC and H&F, the to be raised in the case and rebuttal administrative review of the cash deposit rate will be the rate briefs. Unless the Secretary specifies antidumping duty order on natural established in the final results of this otherwise, the hearing, if requested, will bristle paintbrushes and brush heads review; (2) for previously reviewed or be held two days after the date for (natural paintbrushes) from the People’s investigated companies not listed above, submission of rebuttal briefs. Parties Republic of China (PRC) in response to the cash deposit rate will be the will be notified of the time and location. a request from the Paint Applicator company-specific rate established for The Department will publish the final Division of the American Brush the most recent period; (3) if the results of this administrative review, Manufacturers Association (‘‘Paint exporter is not a firm covered in this including the results of its analysis of Applicator Division’’), the petitioner, for review, a prior review, or the less-than- issues raised in any case or rebuttal the company Hunan Provincial Produce fair-value (LTFV) investigation, but the brief, not later than 120 days after & Animal By-Products Import & Export manufacturer is, the cash deposit rate publication of these preliminary results, Corporation (‘‘Hunan’’). Hunan’s period will be the rate established for the most unless extended. of review (POR) is February 1, 2001, recent period for the manufacturer of through January 31, 2002. Notification to Importers the subject merchandise; and (4) for all We preliminarily determine that sales other producers and/or exporters of this This notice serves as a preliminary by Hunan have not been made below merchandise, the cash deposit rate shall reminder to importers of their normal value (NV). The preliminary be the all other rate established in the responsibility under 19 CFR 351.402(f) results are listed below in the section LTFV investigation, which is 14.51 to file a certificate regarding the titled ‘‘Preliminary Results of Reviews.’’ percent. See Notice of Final reimbursement of antidumping duties If these preliminary results are adopted Determination of Sales at Less Than prior to liquidation of the relevant in our final results, for entries made by Fair Value and Antidumping Duty Hunan, we will instruct the U.S. Order: Mechanical Transfer Presses entries during this review period. Failure to comply with this requirement Customs Service to not assess from Japan, 55 FR 5642 (February 16, antidumping duties on the exports could result in the Secretary’s 1990). These deposit rates, when subject to this review. Interested parties presumption that reimbursement of imposed, shall remain in effect until are invited to comment on these antidumping duties occurred and the publication of the final results of the preliminary results. (See the next administrative review. subsequent assessment of double ‘‘Preliminary Results of Review’’ section antidumping duties. Public Comment of this notice.) This administrative review and notice EFFECTIVE DATE: March 7, 2003. Pursuant to 19 CFR 351.224(b), the are issued in accordance with sections Department will disclose to parties to 751(a)(1) and 777(i)(1) of the Act (19 FOR FURTHER INFORMATION CONTACT: the proceeding any calculations U.S.C. § 1675(a)(1) and 19 U.S.C Douglas Kirby or Sean Carey, AD/CVD performed in connection with these 1677f(i)(1)). Enforcement, Import Administration, preliminary results within five days International Trade Administration, after the date of publication of this Dated: February 28, 2003. U.S. Department of Commerce, 14th notice. Pursuant to 19 CFR 351.309, Faryar Shirzad, Street and Constitution Avenue, NW., interested parties may submit written Assistant Secretary for Import Washington DC 20230; telephone: (202) comments in response to these Administration. 482–3782 or (202) 482–3964, preliminary results. Normally, case [FR Doc. 03–5496 Filed 3–6–03; 8:45 am] respectively. briefs are to be submitted within 30 BILLING CODE 3510–DS–P days after the date of publication of this SUPPLEMENTARY INFORMATION:

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Background United States (HTSUS). Although the of its legal right to set prices On February 1, 2002, the Department HTSUS subheading is provided for independently of all government published a notice of opportunity to convenience and customs purposes, the oversight. In its questionnaire response, request an administrative review of the Department’s written description of the Hunan submitted several legislative antidumping duty order on natural merchandise is dispositive. enactments that have decentralized paintbrushes from the People’s Republic Separate Rates control of business enterprises and their of China (PRC) (67 FR 4945). On business activites. Hunan’s business The Department’s standard policy is license also indicates that the company February 28, 2002, the Department to assign to all exporters of the is permitted to engage in the exportation received a timely request from the Paint merchandise subject to review in non- of natural bristle paintbrushes. We have Applicator Division of the American market economy (‘‘NME’’) countries a Brush Manufacturers Association, the single rate, unless an exporter can not found any evidence of de jure petitioner, for administrative reviews of affirmatively demonstrate an absence of government control that either restricts Hunan and Hebei Founder Import and government control, both in law (de Hunan’s exportation of natural bristle Export Company (Hebei). On March 27, jure) and in fact (de facto), with respect paintbrushes, or limits its ability to 2002, the Department initiated an to exports. Hunan stated in its enter contracts and account for its own administrative review of the questionnaire response that it is an profits and losses. Therefore, we antidumping duty order on natural autonomous legal entity that is preliminarily determine that there is an paintbrushes, for the period from completely independent of any absence of de jure control over export February 1, 2001, through January 31, government control. In order to activity with respect to Hunan. 2002, in order to determine whether establish whether a company operating 2. Absence of De Facto Control merchandise imported into the United in a non-market economy (‘‘NME’’) States is being sold at less than fair country is sufficiently independent to With respect to the absence of de facto value with respect to these two be entitled to a separate, company- control over export activities, the companies. See Initiation of specific rate, the Department analyzes information submitted on the record Antidumping and Countervailing Duty each exporting entity in a NME country indicates that the general manager of Administrative Reviews and Requests under the test established in the Final Hunan is elected by company personnel for Revocations in Part, 67 FR 14696 Determination of Sales at Less Than and has the authority to appoint (March 27, 2002). Fair Value: Sparklers from the People’s On May 1, 2002, the Department Hunan’s senior management. Our Republic of China, 56 FR 20588 (May 6, analysis indicates that there is no issued antidumping questionnaires to 1991) (‘‘Sparklers’’), as amplified by the Hunan and Hebei. In its reply to section government involvement in Hunan’s Final Determination of Sales at Less daily operations or the selection of its A of the questionnaire, Hebei stated that Than Fair Value: Silicon Carbide from management. In addition, Hunan’s it had made no sales or shipments of the People’s Republic of China, 59 FR questionnaire response states that the subject merchandise to the United 22585 (May 2, 1994) (‘‘Silicon company sets its own export prices, States during the POR. The Department Carbide’’). also performed a U.S. Customs Service Evidence supporting, though not determines its own use of export (Customs) data query for entries of requiring, a finding of de jure absence revenues, and independently negotiates paintbrushes from the PRC classified of government control includes: (1) An sales contracts free from government under the Harmonized Tariff Schedule absence of restrictive stipulations interference. Finally, decisions made by of the United States (HTSUS) item associated with an individual exporter’s Hunan concerning its choice of number 9603.40.40.40 during the POR. business and export licenses; (2) any suppliers and customers are not subject We found no entries or shipments from legislative enactments decentralizing to government approval. Hebei during the POR. Thus, the control of companies; or (3) any other Consequently, because evidence on Department rescinded the review with formal measures by the government the record indicates an absence of respect to Hebei. See Natural Bristle decentralizing control of companies. De government control, both in law and in Paintbrushes From the People’s facto absence of government control fact, over its export activities, we Republic of China; Notice of Rescission, with respect to exports is based on four preliminarily determine that a separate In Part, of Antidumping Administrative criteria: (1) Whether the export prices rate should be applied to Hunan. For Review, 67 FR 58018 (September 13, are set by or subject to the approval of further discussion of the Department’s 2002). On November 1, the Department a government authority; (2) whether preliminary determination regarding the extended the deadline for the each exporter retains the proceeds from issuance of separate rates, see Separate preliminary results of review of Hunan its sales and makes independent Rates Decision Memorandum to Dana until January 23, 2003 (67 FR 66614). decisions regarding the disposition of Mermelstein, Program Manager, Office This deadline was then fully extended, profits and financing of losses; (3) of AD/CVD Enforcement VII, dated in accordance with 751(a)(3)(A) of the whether each exporter has autonomy in February 28, 2003. A public version of Tariff Act of 1930 (‘‘The Act’’) by making decisions regarding the this memorandum is on file in the another 36 days (68 FR 4761). selection of management; and (4) Department’s Central Record Unit Scope of the Antidumping Duty Order whether each exporter has the authority (CRU). to sign contracts and other agreements. The products covered by the order are Normal Value Comparisons natural paintbrushes from the PRC. 1. Absence of De Jure Control Excluded from the order are With respect to the absence of de jure To determine whether the paintbrushes and brush heads with a government control over the export respondent’s sale of the subject blend of 40 percent natural bristles and activities of the company reviewed, merchandise to the United States was 60 percent synthetic filaments. The evidence on the record supports the made at prices below NV, we compared merchandise under review is currently claim made by Hunan that its export its U.S. prices to NV, as described below classifiable under item 9603.40.40.40 of activities are not controlled by the in the ‘‘United States Price’’ and the Harmonized Tariff Schedule of the government. Hunan submitted evidence ‘‘Normal Value’’ sections of this notice.

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United States Price October 22, 2002. We valued the factors investigation of certain small diameter For Hunan, we based the United of production using publicly available carbon and alloy seamless standard line States price on export price (EP) in information from Indonesia. We and pressure pipe from Romania. See accordance with section 772(a) of the adjusted the Indonesian import prices Factors of Production Valuation Act, because the first sale to an by adding freight expenses to make Memorandum for Preliminary unaffiliated purchaser was made prior them delivered prices. Determination from David Goodman, We valued the factors of productions to importation, and constructed export Case Analyst, through Charles Riggle, for material inputs and packing price (CEP) was not otherwise Program Manager, to Gary Taverman, materials as follows. For brush handles, Director, Office 5 (January 28, 2000). To warranted by the facts on the record. We bristles, epoxy, nails, ferrules, plastic value inland rail freight expenses, we calculated EP based on the packed price bags, cartons and plastic strips, we used used a USD rate provided in a December from the exporter to the first unaffiliated per kilogram Indonesian import values 1994 cable from the American Embassy purchaser in the United States. We reported in U.S. dollars and obtained in Jakarta, Indonesia, which was deducted foreign inland freight from the from Indonesia’s Foreign Trade likewise, used in the antidumping starting price (gross unit price) in Statistical Bulletin (Biro Pusat Statistik). investigation of certain small diameter accordance with section 772(c) of the For wooden core, we used the same carbon and alloy seamless standard line Act. According to the questionnaire information source based on a U.S. and pressure pipe from Romania noted response, the U.S. customer was dollar per cubic meter value that was above. We adjusted both rates to reflect responsible for all other movement subsequently converted to kilograms. inflation using the Producer Price expenses incurred in both the PRC and Since all these statistics were Indices (‘‘PPI’’) for the United States the United States and therefore, we contemporaneous with the POR, we did from the IFS. made no other deductions for movement not need to make any adjustments for For factory overhead, selling, general expenses. inflation. We calculated surrogate and administrative expenses (SG&A), Normal Value freight costs for these factors using the and profit, we used data from the Large shorter of (a) the distance between the and Medium Manufacturing Statistics: Section 773(c)(1) of the Act provides closest PRC port and the factory, or (b) 1995, Vol. III, published by the that the Department shall determine NV the distance between the domestic Government of Indonesia. This source using a factors-of-production supplier and the factory. See Notice of provides a cost breakdown for large and methodology if (1) The merchandise is Final Determination of Sales at Less medium sized manufacturers in exported from an NME country, and (2) Than Fair Value: Collated Roofing Nails Indonesia of 122 products, including available information does not permit From the People’s Republic of China, 62 paintbrushes, that are classified under the calculation of NV using home- FR 51410 (October 1, 1997) (Roofing Indonesia’s industrial code 390390. We market prices, third-country prices, or Nails). calculated factory overhead as a constructed value under section 773(a) For electricity rates, we used a percentage of total fixed and variable of the Act. published Indonesian value for the overhead over total materials, labor, and In every case conducted by the average cost of electricity supplied to energy (cost of manufacture). We Department involving the PRC, the PRC industries in 1999. This value is calculated an SG&A rate by dividing has been treated as an NME country. reported by the International Energy SG&A expenses by the cost of Pursuant to section 771(18)(C)(i) of the Agency on a rupiahs per kilowatt hour manufacture. Lastly, we calculated a Act, any determination that a foreign basis in its publication, Energy Prices profit rate by dividing profit by the cost country is an NME country shall remain and Taxes, First Quarter 2000. We of production. For more information, in effect until revoked by the converted the rupiah to U.S. dollars see Memorandum to Dana S. administering authority. Hunan did not using the average exchange rate during Mermelstein, Program Manager, from contest such treatment in this review. the POR. We adjusted this value for Dougls Kirby and Sean Carey, Case Accordingly, we have applied surrogate inflation using the Consumer Price Analysts; 2001–2002 Antidumping values to the factors of production to Indices for Indonesia as published in Administrative Review of Natural Bristle determine NV. See Factor Values Memo selected issues of the IFS. Paintbrushes and Brush Heads from the for the Preliminary Results of the For labor, we used the PRC People’s Republic of China: Factors Antidumping Duty Administrative regression-based wage rate at Import Values Memorandum, dated February Review of Natural Bristle Paintbrushes Administration’s home page, Import 28, 2003. from the People’s Republic of China, Library, Expected Wages of Selected February 28, 2003 (Factor Values NME Countries, revised in September Preliminary Results of Review Memo). 2002. Because of the variability of wage We preliminarily determine the We calculated NV based on factors of rates in countries with similar per capita weighted average dumping margin for production in accordance with section gross domestic products, § 351.408(c)(3) Hunan for the period February 1, 2001, 773(c)(4) of the Act and section of the Department’s regulations requires through January 31, 2002, to be 0.00 351.408(c) of our regulations. Consistent the use of a regression-based wage rate. percent. with the original investigation and the The source of these wage rate data on subsequent administrative reviews of the Import Administration’s web site is Duty Assessments and Cash Deposit this order, we determined that the Year Book of Labour Statistics 2001, Requirements Indonesia (1) Is comparable to the PRC International Labour Office (Geneva: The Department shall determine, and in level of economic development, and 2001), Chapter 5B: Wages in the Customs Service shall assess, (2) is a significant producer of Manufacturing. antidumping duties on all appropriate comparable merchandise. See We valued movement expenses as entries. The Department will issue Memorandum to Dana Mermelstein follows: To value truck freight expenses, appropriate appraisement instructions from Jeffrey May: Natural Bristle we used a USD price quote from August directly to the Customs Service within Paintbrushes from the People’s Republic 1999 listed by an Indonesian trucking 15 days of publication of the final of China: Non-market Economy Status company on a kilogram per-kilometer results of review. Furthermore, the and Surrogate Country Selection, dated basis, that was used in the antidumping following deposit rates will be effective

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with respect to all shipments of The Department will publish the final Background paintbrushes from the PRC entered, or results of this administrative review, withdrawn from warehouse, for including the results of its analysis of On December 17, 2002, the consumption on or after the publication issues raised in any case or rebuttal Department received a request from a date of the final results of this review, brief, not later than 120 days, unless pasta producer, Pastificio Carmine as provided for by section 751(a)(2)(C) extended, after publication of these Russo S.p.A. (‘‘Russo’’), to conduct a of the Act: (1) The cash deposit rate for preliminary results. new shipper review of the antidumping the reviewed company listed above will duty order on certain pasta from Italy, be the rate for that firm established in Notification of Interested Parties issued July 24, 1996 (61 FR 38547). This the final results of this review except This notice serves as a preliminary request was made pursuant to section that, for firms whose weighted-average reminder to importers of their 751(a)(2)(B) of the Tariff Act of 1930, as margins are less than 0.5 percent and responsibility under § 351.402(f)(2) of amended (‘‘the Act’’), and 19 CFR therefore de minimis, the Department the Department’s regulations to file a 351.214(b) (2002). On February 24, shall require no deposit of estimated certificate regarding the reimbursement 2003, the Department received an antidumping duties; (2) for companies of antidumping duties prior to additional submission from Russo in previously found to be entitled to a liquidation of the relevant entries which Russo provided information to separate rate and for which no review during this review period. Failure to the Department describing how Russo was requested, the cash deposit rate will comply with this requirement could was formed as a new corporate entity be the rate established in the most result in the Secretary’s presumption through a corporate buy-out of its recent review of that company; (3) for that reimbursement of antidumping predecessor, Carmine Russo, S.p.A. all other PRC exporters of subject duties occurred and the subsequent Because Russo’s claim to new shipper merchandise, the cash deposit rate will assessment of double antidumping status is based, in part, on this be the PRC-wide rate of 351.92 percent; duties. information, we will further review this and (4) the cash deposit rate for non- This administrative review and notice change-in-ownership as part of the new PRC exporters of subject merchandise are in accordance with sections shipper review of the antidumping duty from the PRC will be the rate applicable 751(a)(3)(A) and 777(i)(1) of the Act. order. to the PRC supplier of that exporter. Dated: February 28, 2003. These deposit requirements, when Faryar Shirzad, Initiation of Review imposed, shall remain in effect until publication of the final results of the Assistant Secretary for Import Pursuant to 19 CFR 351.214(b), in its Administration. next administrative review. request of December 17, 2002, Russo [FR Doc. 03–5494 Filed 3–6–03; 8:45 am] certified that it did not export the Public Comment BILLING CODE 3510–DS–P subject merchandise to the United Pursuant to 19 CFR 351.224(b), the States during the period of investigation Department will disclose to parties to (‘‘POI’’) (May 1, 1994 through April 30, the proceeding any calculations DEPARTMENT OF COMMERCE 1995) and that it is not now and never performed in connection with these International Trade Administration has been affiliated with any exporter or preliminary results within five days producer who exported the subject after the date of publication of this [A-475–818] merchandise to the United States during notice. Pursuant to 19 CFR 351.309, the POI. Russo submitted interested parties may submit written Certain Pasta from Italy: Notice of documentation establishing the date on comments in response to these Initiation of New Shipper Antidumping which it first shipped the subject preliminary results. Normally, case Duty Review merchandise for export to the United briefs are to be submitted within 30 AGENCY: Import Administration, States, the volume of that first shipment, days after the date of publication of this International Trade Administration, the date of its first sale to an unaffiliated notice, and rebuttal briefs, limited to Department of Commerce. customer in the United States, and the arguments raised in case briefs, are to be SUMMARY: The Department of Commerce date and volume of all subsequent submitted no later than five days after (‘‘the Department’’) has received a shipments. the time limit for filing case briefs. request for a new shipper review of the In accordance with section Parties who submit arguments in this antidumping duty order on certain pasta proceeding are requested to submit with 751(a)(2)(B) of the Act and section from Italy. The request fulfilled all 351.214(d) of the Department’s the argument: (1) A statement of the regulatory requirements. Therefore, in issues, and (2) a brief summary of the regulations, we are initiating a new accordance with our regulations, we are shipper review of the antidumping duty argument. Case and rebuttal briefs must initiating this new shipper review. be served on interested parties in order on certain pasta from Italy. In EFFECTIVE DATE: accordance with 19 CFR 351.303(f). March 7, 2003. accordance with 19 CFR 351.214(h)(i), Also, pursuant to 19 CFR 351.310, FOR FURTHER INFORMATION CONTACT: we intend to issue the preliminary within 30 days of the date of publication James Terpstra or Mark Young at (202) results of this review not later than 180 of this notice, interested parties may 482–3965 or 482–6397, respectively; days from the date of publication of this request a public hearing on arguments AD/CVD Enforcement, Group II, Office notice. The standard period of review in to be raised in the case and rebuttal VI, Import Administration, International a new shipper review initiated in the briefs. Unless the Secretary specifies Trade Administration, U.S. Department month immediately following the otherwise, the hearing, if requested, will of Commerce, 14th Street and semiannual anniversary month is the be held two days after the date for Constitution Avenue, N.W., six-month period immediately submission of rebuttal briefs. Parties Washington, D.C. 20230. preceding the semiannual anniversary will be notified of the time and location. SUPPLEMENTARY INFORMATION: month.

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Antidumping Duty Proceeding Period to be Reviewed

Italy: Certain Pasta, A-475–818: Pastificio Carmine Russo S.p.A...... 07/01/02 - 12/31/02

Concurrent with the publication of these preliminary results are adopted in Section D responses from the record). this notice, and in accordance with 19 our final results of administrative As a result of the initiation of sales CFR 351.214(e), we will instruct the review, we will instruct the Customs below the cost of production (COP) U.S. Customs Service to allow, at the Service to assess antidumping duties on investigations, discussed below, these option of the importer, the posting of a all appropriate entries. Section D responses were re-submitted bond or security in lieu of a cash EFFECTIVE DATE: March 7, 2003. for the record in January (Weikfield) and deposit for each entry of the FOR FURTHER INFORMATION CONTACT: February (Himalya) 2003. merchandise exported by the company David J. Goldberger or Kate Johnson, In October 2003, we conducted an on- listed above, until the completion of the Office 2, AD/CVD Enforcement Group I, site verification of Agro Dutch’s review. Import Administration—Room B099, questionnaire responses. The results of Interested parties may submit International Trade Administration, this verification are described in Sales applications for disclosure under U.S. Department of Commerce, 14th and Cost of Production Verification in administrative protective order in Street and Constitution Avenue, NW., Chandigarh, India of Agro Dutch accordance with 19 CFR 351.305. Washington, DC 20230; telephone: (202) Industries, Ltd., Memorandum to the This initiation notice is in accordance 482–4136 or (202) 482–4929, File dated December 10, 2002 (Agro with section 751(a) of the Act (19 U.S.C. respectively. Dutch Verification Report). 1675(a)) and 19 CFR 351.214. SUPPLEMENTARY INFORMATION: On January 3, 2003, the Department Dated: February 28, 2003. received an allegation from the Holly A. Kuga, Background petitioner that Weikfield sold certain Acting Deputy Assistant Secretary for Import On February 19, 1999, the Department preserved mushrooms in India at prices Administration. published in the Federal Register an below the COP. This allegation was [FR Doc. 03–5495 Filed 3–6–03; 8:45 am] amended final determination and timely because the Department had BILLING CODE 3510–DS–S antidumping duty order on certain extended the deadline for such an preserved mushrooms from India (64 FR allegation. On January 21, 2003, the 8311). Department initiated a cost investigation DEPARTMENT OF COMMERCE On February 1, 2002, the Department of Weikfield’s home-market sales of this published a notice advising of the merchandise. See Petitioner’s Allegation International Trade Administration opportunity to request an administrative of Sales Below the Cost of Production [A–533–813] review of the antidumping duty order for Weikfield Agro Products Ltd., on certain preserved mushrooms from Memorandum to Louis Apple from Certain Preserved Mushrooms From India (67 FR 4945). In response to Mark J. Todd dated January 21, 2003. India: Preliminary Results of timely requests by three manufacturers/ On January 15, 2003, the Department Antidumping Duty Administrative exporters, Agro Dutch Foods Ltd. (Agro received an allegation from the Review Dutch), Himalya International Ltd. petitioner that Himalya sold certain (Himalya), and Weikfield Agro preserved mushrooms in India at prices AGENCY: Import Administration, Products, Ltd. (Weikfield), and the below the COP. This allegation was International Trade Administration, petitioner, the Department published a timely because the Department had Department of Commerce. notice of initiation of an administrative extended the deadline for such an ACTION: Notice of preliminary results of review with respect to three companies: allegation. On January 29, 2003, the antidumping duty administrative Agro Dutch, Himalya, and Weikfield (67 Department initiated a cost investigation review. FR 14696, March 27, 2002). The period of Himalya’s home-market sales of this of review (POR) is February 1, 2001, merchandise. See Petitioner’s Allegation SUMMARY: In response to timely requests through January 31, 2002. of Sales Below the Cost of Production by three manufacturer/exporters and the On April 12, 2002, the Department for Himalya International Limited, petitioner,1 the Department of issued antidumping duty questionnaires Memorandum to Louis Apple from Commerce is conducting an to the above-mentioned companies. We Aleta Habeeb dated January 29, 2003. administrative review of the received responses to the original antidumping duty order on certain questionnaire during the period May Scope of the Order preserved mushrooms from India with through July 2002. We issued The products covered by this order respect to three companies. The period supplemental questionnaires in July, are certain preserved mushrooms, of review is February 1, 2001, through October, and November 2002, and whether imported whole, sliced, diced, January 31, 2002. received responses during the period or as stems and pieces. The preserved We preliminarily determine that sales August through December 2002. For mushrooms covered under this order are have been made below normal value. Weikfield and Himalya, Section D the species Agaricus bisporus and Interested parties are invited to questionnaire response data was Agaricus bitorquis. ‘‘Preserved comment on these preliminary results. If removed from the record in December mushrooms’’ refer to mushrooms that 1 The petitioner is the Coalition for Fair Preserved 2002 and January 2003, respectively (see have been prepared or preserved by Mushroom Trade which includes the American December 30, 2002, Letter to Matthew P. cleaning, blanching, and sometimes Mushroom Institute and the following domestic Jaffe, counsel to Weikfield regarding the slicing or cutting. These mushrooms are companies: L.K. Bowman, Inc., Modern Mushroom removal of Weikfield’s Section D then packed and heated in containers Farms, Inc., Monterey Mushrooms, Inc., Mount Laurel Canning Corp., Mushrooms Canning responses from the record, and January including but not limited to cans or Company, Southwood Farms, Sunny Dell Foods, 16, 2003, Memorandum to the File glass jars in a suitable liquid medium, Inc., and United Canning Corp. concerning the removal of Himalya’s including but not limited to water,

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brine, butter or butter sauce. Preserved appropriate product comparisons to use of facts available is appropriate mushrooms may be imported whole, U.S. sales. With respect to Himalya and pursuant to section 776(a)(2)(A) of the sliced, diced, or as stems and pieces. Weikfield, we compared U.S. sales to Act. Furthermore, because Agro Dutch Included within the scope of this order sales made in the home market within withheld this information and was are ‘‘brined’’ mushrooms, which are the contemporaneous window period, unable to provide any explanation presalted and packed in a heavy salt which extends from three months prior regarding this omission, we find that solution to provisionally preserve them to the U.S. sale until two months after Agro Dutch failed to cooperate by not for further processing. the sale. Where there were no sales of acting to the best of its ability to comply Excluded from the scope of this order identical merchandise in the home with a request for information, within are the following: (1) All other species market made in the ordinary course of the meaning of section 776(b) of the Act. of mushroom, including straw trade to compare to U.S. sales, we Under such circumstances, section mushrooms; (2) all fresh and chilled compared U.S. sales to sales of the most 776(b) of the Act permits the mushrooms, including ‘‘refrigerated’’ or similar foreign like product made in the Department to use an inference which is ‘‘quick blanched mushrooms’’; (3) dried ordinary course of trade. For Agro adverse to the party. Accordingly, we mushrooms; (4) frozen mushrooms; and Dutch, where there were no sales of have applied the highest reported (5) ‘‘marinated,’’ ‘‘acidified’’ or identical or similar merchandise made brokerage and handling expense amount ‘‘pickled’’ mushrooms, which are in the ordinary course of trade in the to those sales where brokerage and prepared or preserved by means of home market or a third country to handling was not reported, as adverse vinegar or acetic acid, but may contain compare to U.S. sales, we compared facts available. See Agro Dutch Sales oil or other additives. U.S. sales to CV. In making the product Data Adjustments for the Preliminary The merchandise subject to this order comparisons, we matched foreign like Results, Memorandum to the File dated is classifiable under subheadings: products based on the physical February 28, 2003 (Agro Dutch Sales 2003.10.0127, 2003.10.0131, characteristics reported by the Memo), for the identification of this 2003.10.0137, 2003.10.0143, respondents in the following order: amount. 2003.10.0147, 2003.10.0153 and preservation method, container type, Himalya 0711.51.0000 of the Harmonized Tariff mushroom style, weight, grade, Schedule of the United States 2 (HTS). container solution, and label type. Himalya reported its U.S. sales as sold Although the HTS subheadings are on an ex dock/FOB U.S. warehouse, ex- provided for convenience and customs Export Price/Constructed Export Price factory or delivered basis. We made purposes, our written description of the For Agro Dutch and Weikfield, we deductions from the CEP starting price, scope of this order dispositive. used EP methodology, in accordance where appropriate, for foreign inland with section 772(a) of the Act, because freight, brokerage and handling Fair Value Comparisons the subject merchandise was sold expenses, international freight, marine To determine whether sales of certain directly by the producer/exporter in insurance, U.S. duty, U.S. inland preserved mushrooms by the India to the first unaffiliated purchaser freight, and U.S. warehousing expenses respondents to the United States were in the United States prior to importation in accordance with section 772(c)(1) of made at less than normal value (NV), we and CEP methodology was not the Act and 19 CFR 351.402. We also compared constructed export price otherwise indicated. With respect to deducted indirect selling expenses, (CEP) or export price (EP), as Himalya, we calculated CEP in credit expenses, and inventory carrying appropriate, to the NV, as described in accordance with section 772(b) of the costs pursuant to section 772(d)(1) of the ‘‘Export Price/Constructed Export Act, because the subject merchandise the Act and 19 CFR 351.402. We Price’’ and ‘‘Normal Value’’ sections of was first sold by Him Infotech dba recalculated credit expenses and this notice. Transatlantic Marketing, Himalya’s inventory carrying costs using a public- Pursuant to section 777A(d)(2) of the affiliated importer in the United States, source U.S. interest rate. See February Tariff Act of 1930 (the Act), we after importation into the United States. 28, 2002 Memorandum to the File compared the EPs of individual U.S. We based EP and CEP on packed prices Preliminary Results Calculation transactions to the weighted-average NV to unaffiliated purchasers in the United Memorandum for Himalya International of the foreign like product where there States. Ltd. (Himalya) for specifics as to why were sales made in the ordinary course Himalya’s reported U.S. interest rate Agro Dutch of trade, as discussed in the ‘‘Cost of data was insufficient. We made an Production Analysis’’ section below. Agro Dutch reported its U.S. sales as adjustment for CEP profit in accordance In this review, Agro Dutch did not sold on an FOB, C&F, or CIF basis. We with section 773(d)(3) of the Act. have a viable home or third country made deductions from the starting price, market. Therefore, as the basis for NV, where appropriate, for foreign inland Weikfield we used constructed value (CV) when freight, freight document charges, Weikfield reported its U.S. sales as making comparisons in accordance with insurance, foreign brokerage and sold on a FOB port Mumbai, delivered section 773(a)(4) of the Act. handling, Indian export duty (CESS), duty paid, or C&F basis. We made Product Comparisons and international freight in accordance deductions from the starting price, with section 772(c)(1) of the Act and 19 where appropriate, for foreign inland In accordance with section 771(16) of CFR 351.402. freight, foreign inland and marine the Act, we considered all products As discussed at page 20 of the Agro insurance, foreign brokerage and produced by the respondents covered by Dutch Verification Report, Agro Dutch handling expenses, CESS, international the description in the ‘‘Scope of the incurred brokerage and handling freight, and U.S. duty (including U.S. Order’’ section, above, to be foreign like expenses on all of its U.S. sales, but did brokerage and handling expenses) in products for purposes of determining not report this expense for certain sales accordance with section 772(c)(1) of the due to an unspecified error that was Act and 19 CFR 351.402. 2 Prior to January 1, 2002, the HTS codes were as follows: 2003.10.0027, 2003.10.0031, 2003.10.0037, discovered at verification. Because Agro For certain sales, Weikfield reported 2003.10.0043, 2003.10.0047, 2003.10.0053, and Dutch did not provide the Department that it arranged export financing 0711.90.4000. with all of the requested expense data, through its affiliate, Weikfield Products

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Co. Ltd. (WPCL), under which WPCL Carbon Steel Plate From South Africa, Himalya and Weikfield, as discussed paid Weikfield in advance for the 62 FR 61731, 61732 (November 19, below under ‘‘Calculation of shipment, less a fee, and WPCL 1997). In order to determine whether the Constructed Value.’’ Consistent with our assumed the financial risk of the sale. comparison sales were at different normal practice where NV is based on As the credit expense for these sales, stages in the marketing process than the CV, we must consider the NV LOT Weikfield reported the amount of the fee U.S. sales, we reviewed the distribution based on the LOT of both sets of sales paid to WPCL. However, as Weikfield system in each market (i.e., the ‘‘chain used to derive the weighted-average and WPCL are affiliated parties, we of distribution’’), including selling selling expenses and profit in this case. believe it is appropriate to calculate functions, class of customer (‘‘customer These sales (and the resulting weighted imputed credit based on the period from category’’), and the level of selling averages) are based on the different shipment to the date that a member of expenses for each type of sale. customer bases, channels of the Weikfield Group first receives Pursuant to section 773(a)(1)(B)(i) of distribution, and selling functions of payment from an unaffiliated party (i.e., the Act, in identifying levels of trade for Himalya and Weikfield, as described the unaffiliated bank used by the EP and comparison market sales (i.e., below. As we cannot determine a Weikfield Group). Accordingly, we have NV based on either home market or specific LOT from the two sets of sales recalculated imputed credit to reflect third country prices 3), we consider the from which we derived the selling the period from shipment to bank starting prices before any adjustments. expenses and profit for CV, we cannot payment, and made a further For CEP sales, we consider only the determine whether there is a difference circumstance-of-sale adjustment for the selling activities reflected in the price in LOT between U.S. sales and CV. bank fee paid by Weikfield or WPCL, after the deduction of expenses and Therefore, we made no LOT adjustment based on the information in the profit under section 772(d) of the Act. to NV. December 4, 2002, submission. See Micron Technology, Inc. v. United Himalya Normal Value States, 243 F. 3d 1301, 1314–1315 (Fed. Cir. 2001). Himalya sold directly to institutional In order to determine whether there When the Department is unable to customers/wholesalers/distributors, and was a sufficient volume of sales in the match U.S. sales to sales of the foreign consumers in the home market. We home market to serve as a viable basis like product in the comparison market examined Himalya’s home market for calculating NV, we compared the at the same LOT as the EP or CEP, the distribution system, including selling functions, classes of customers, and respondents’ volume of home market Department may compare the U.S. sale selling expenses, and determined that sales of the foreign like product to the to sales at a different LOT in the Himalya offers the same support and volume of U.S. sales of the subject comparison market. In comparing EP or assistance to all its home market merchandise, in accordance with CEP sales at a different LOT in the customers. Accordingly, all of Himalya’s section 773(a)(1)(C) of the Act. comparison market, where available With regard to Himalya and home market sales are made through the data make it practicable, we make a LOT Weikfield, the aggregate volume of same channel of distribution and adjustment under section 773(a)(7)(A) of home market sales of the foreign like constitute one LOT. the Act. Finally, for CEP sales only, if product was greater than five percent of With regard to sales to the United a NV LOT is more remote from the the aggregate volume of U.S. sales of the States, Himalya had only CEP sales, factory than the CEP LOT and there is subject merchandise. Therefore, we through its affiliated importer, Him no basis for determining whether the determined that the home market InfoTech dba Transatlantic Marketing, difference in LOTs between NV and CEP provides a viable basis for calculating to wholesalers/distributors/trading affects price comparability (i.e., no LOT NV for Himalya and Weikfield. companies. We examined Himalya’s Agro Dutch reported that during the adjustment was practicable), the U.S. distribution system, including POR it made no home market or third Department shall grant a CEP offset, as selling functions, classes of customers, country sales. Therefore, we determined provided in section 773(a)(7)(B) of the and selling expenses, and determined that neither the home market nor any Act. See Notice of Final Determination that Himalya offers the same support third country market was a viable basis of Sales at Less Than Fair Value: and assistance to all its U.S. customers. for calculating NV for Agro Dutch. As a Certain Cut-to-Length Carbon Steel Plate Accordingly, all of Himalya’s U.S. sales result, we used CV as the basis for from South Africa, 62 FR 61731 are made through the same channel of calculating NV for this respondent, in (November 19, 1997). distribution and constitute one LOT. accordance with section 773(a)(4) of the We obtained information from the To determine whether sales in the Act. respondents regarding the marketing comparison market were at a different stages involved in making the reported LOT than CEP sales, we examined the Level of Trade home market and U.S. sales, including selling functions performed at the CEP Section 773(a)(1)(B)(i) of the Act a description of the selling activities level, after making the appropriate states that, to the extent practicable, the performed for each channel of deductions under section 772(d) of the Department will calculate NV based on distribution. Company-specific LOT Act, and compared those selling sales at the same level of trade (LOT) as findings are summarized below. functions to the selling functions the EP or CEP. Sales are made at Agro Dutch performed in the home market LOT. different LOTs if they are made at In the comparison market, Himalya different marketing stages (or their We compared all U.S. sales to CV, as sold subject merchandise directly to equivalent). See 19 CFR 351.412(c)(2). noted above. Because Agro Dutch has no institutional customers/wholesalers/ Substantial differences in selling viable comparison market, we derived distributors and consumers. In the activities are a necessary, but not the selling expenses and profit from the United States, Himalya sold subject sufficient, condition for determining above-cost home market sales of merchandise to its affiliate, Him that there is a difference in the stages of InfoTech dba Transatlantic Marketing, 3 Where NV is based on CV, we determine the NV marketing (id.); see also Notice of Final LOT based on the LOT of the sales from which we which then resold the subject Determination of Sales at Less Than derive selling expenses and profit for CV, where merchandise directly to unaffiliated Fair Value: Certain Cut-to-Length possible. purchasers. Therefore, we compared the

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CEP LOT to the home market LOT and C&F agents a commission for providing made at prices less than the COP within concluded that most of the functions logistics and distribution services to the the meaning of section 773(b) of the Act. performed by Himalya in making the ultimate customer (i.e., the C&F agent’s A. Calculation of Cost of Production starting-price sale in the comparison customer). market (e.g., order solicitation, price Although Weikfield’s sales through We calculated the COP on a product- negotiation, payment, transportation Channel 1 involve a set of selling specific basis, based on the sum of arrangements) were not performed in activities not performed for Channel 2 Himalya’s and Weikfield’s respective connection with CEP sales (e.g., order sales, we have not considered these costs of materials and fabrication for the solicitation, price negotiation, payment). sales promotion activities to be foreign like product, plus amounts for Accordingly, different LOTs exist extensive enough by themselves to selling, general and administrative between comparison-market and CEP classify Channel 1 as a separate LOT (SG&A) expenses, interest expense, and sales, and the comparison-market sales from Channel 2. In all other areas of our all expenses incidental to placing the are made at a more advanced LOT than analysis, including sales negotiation, foreign like product in a condition are the CEP sales. freight and distribution services, packed ready for shipment in Because there is only one LOT in the inventory maintenance, and customer accordance with section 773(b)(3) of the home market, it is not possible to class, the two channels involve the same Act. For these preliminary results, we have determine if there is a pattern of services performed by Weikfield. implemented a change in practice consistent price differences between the Accordingly, we consider all of regarding the treatment of foreign sales on which NV is based and home Weikfield’s home market sales to exchange gains and losses. The market sales at the LOT of the export constitute one LOT. This determination Department’s previous practice was to transaction. Accordingly, because the is consistent with our finding in the have respondents identify the source of data available do not form an 1998–2000 administrative review, in all foreign exchange gains and losses appropriate basis for making a LOT which Weikfield had a viable home adjustment, but the LOT in the home (e.g., debt, accounts receivable, accounts market and a similar fact pattern with payable, cash deposits) at both a market is at a more advanced stage of respect to its two home market channels distribution than the CEP LOT, we have consolidated and unconsolidated of distribution, which we found to corporate level. At the consolidated made a CEP offset to NV in accordance constitute the same LOT. with section 773(a)(7)(B) of the Act. The level, the current portion of foreign With regard to sales to the United CEP offset is calculated as the lesser of: exchange gains and losses generated by 1. The indirect selling expenses on States, Weikfield made only EP sales to debt or cash deposits were included in the comparison-market sale, or importers/traders. We examined the interest expense rate computation. 2. The indirect selling expenses Weikfield’s U.S. distribution system, At the unconsolidated producer level, deducted from the starting price in including selling functions, classes of foreign exchange gains and losses on calculating CEP. customers, and selling expenses, and accounts payable were either included determined that Weikfield offers the in the G&A rate computation, or under Weikfield same support and assistance to all its certain circumstances, in the cost of Weikfield’s home market sales are U.S. customers. Accordingly, all of manufacturing. Gains and losses on made via one of two channels of Weikfield’s U.S. sales are made through accounts receivable at both the distribution: a) direct sales to the same channel of distribution and consolidated and unconsolidated distributors in the Indian states of constitute one LOT. producer levels were excluded from the Maharashtra and Goa (Channel 1), and We compared the EP LOT to the home COP and CV calculations. b) sales to ‘‘carrying and forwarding’’ market LOT and concluded that the Instead of splitting apart the foreign (C&F) agents, which perform a role selling functions performed for home exchange gains and losses as reported in similar to that of distributors, in the rest market customers are sufficiently an entity’s financial statements, we will of India (Channel 2). We examined similar to those performed for U.S. normally include in the interest expense Weikfield’s home market distribution customers because the same services are computation all foreign exchange gains system, including selling functions, offered in both markets. Apart from the and losses. In doing so, we will no classes of customers, and selling promotion activities conducted by longer include a portion of foreign expenses, and determined that WPCL in the home market, Weikfield exchange gains and losses from two Weikfield offers the same support and does not perform different selling different financial statements (i.e., assistance to all its home market activities in either the U.S. or home consolidated and unconsolidated customers except with respect to sales markets. Weikfield’s selling activities producer). Instead, we will only include promotion activities. undertaken in both markets are limited the foreign exchange gains and losses In Channel 1, Weikfield’s affiliate to responding to infrequent product reported in the financial statement of WPCL engages in market development complaints and, in the home market, the same entity used to compute each activities to promote Weikfield’s sales of arranging for domestic freight on certain respondent’s net interest expense rate. preserved mushrooms and further sales. Accordingly, we consider the EP This approach recognizes that the key develop its market. Weikfield reports and home market LOTs to be the same. measure is not necessarily what that WPCL participates in sales Consequently, we are comparing EP generated the exchange gain or loss, but exhibitions and consumer shows, and it sales to sales at the same LOT in the rather how well the entity as a whole creates and supplies in-store promotions home market. was able to manage its foreign currency and displays (see August 23, 2002, exposure in any one currency. As such, Cost of Production Analysis supplemental questionnaire response at for these preliminary results, we page S–12). For sales in Maharashtra, As stated in the ‘‘Background’’ section included all foreign exchange gains or Weikfield also pays a commission to a of this notice, based on timely losses in the interest expense rate logistics agent. In Channel 2, Weikfield allegations filed by the petitioner, the computation. We note that there may be does not undertake any sales promotion Department initiated investigations to unusual circumstances in certain cases activities to support its sales to C&F determine whether Himalya’s and which may cause the Department to agents. Weikfield pays its unaffiliated Weikfield’s home market sales were deviate from this general practice. We

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will address exceptions on a case-by- the COP. For purposes of this expenses (Weikfield only as Himalya’s case basis. comparison, we used COP exclusive of sales are ex-factory), where appropriate, As this is a change in practice, we selling and packing expenses. The in accordance with section 773(a)(6) of invite the parties to the proceeding to prices were exclusive of any applicable the Act and 19 CFR 351.401. We also comment on this issue. movement charges, discounts, direct reduced the starting price for packing We relied on the COP information and indirect selling expenses and costs incurred in the home market, in submitted by Himalya and Weikfield, packing expenses. In determining accordance with section 773(a)(6)(B)(i), except for the following adjustments: whether to disregard home market sales and increased NV to account for U.S. made at prices less than their COP, we packing expenses in accordance with Himalya examined, in accordance with sections section 773(a)(6)(A). We made • We revised Himalya’s fixed 773(b)(1)(A) and (B) of the Act, whether circumstance-of-sale adjustments for overhead (FOH) per-unit amounts to such sales were made: (1) Within an credit expenses and commissions, exclude certain products from both extended period of time, (2) in where appropriate, pursuant to section ‘‘mushroom growing’’ and ‘‘mushroom substantial quantities; and (3) at prices 773(a)(6)(C)(iii) of the Act and 19 CFR canning and IQF only’’ asset categories which did not permit the recovery of all 351.410. In addition, we made in allocating the depreciation expense to costs within a reasonable period of time. adjustments to NV, where appropriate, subject merchandise. for differences in costs attributable to C. Results of COP Test • We revised Himalya’s G&A expense differences in the physical ratio calculation to exclude expenses Pursuant to section 773(b)(2)(c) of the characteristics of the merchandise, related to Him Infotech dba Act, where less than 20 percent of a pursuant to section 773(a)(6)(C)(ii) of Transatlantic Marketing, a separate respondent’s sales of a given product the Act and 19 CFR 351.411. For subsidiary, and to include amortized were at prices less than the COP, we did Weikfield, we made an adjustment to expenses. not disregard any below-cost sales of NV to account for commissions paid in • We revised the interest expense that product because we determined the home market but not in the U.S. ratio calculation to include net foreign that the below-cost sales were not made market, in accordance with 19 CFR exchange gains. in ‘‘substantial quantities.’’ Where 20 351.410(e). As the offset for home See Cost of Production and percent or more of a respondent’s sales market commissions, we applied the Constructed Value Calculation of a given product during the POR were lesser of home market commissions or Adjustments for the Preliminary at prices less than the COP, we U.S. indirect selling expenses. See Determination Memorandum to Neal disregarded the below-cost sales below for a discussion of the calculation Halper dated February 28, 2003, for a because we determined that they of U.S. indirect selling expenses. further discussion of these adjustments. represented ‘‘substantial quantities’’ Finally, for comparisons to CEP sales within an extended period of time, and (Himalya only), we made a CEP offset Weikfield were at prices which would not permit pursuant to section 773(a)(7)(B) of the • We revised the reported direct labor the recovery of all costs within a Act and 19 CFR 351.412(f). We and variable overhead costs to reflect reasonable period of time, in accordance calculated the CEP offset as the lesser of changes in the allocation of with section 773(b)(1) of the Act. the indirect selling expenses on the manufacturing costs to the mushroom The results of our cost test for comparison-market sales or the indirect division (PMD) during the POR. Himalya indicated all sales were at selling expenses deducted from the • We revised the reported FOH costs prices above COP. We therefore retained starting price in calculating CEP. to include all depreciation costs all sales in our analysis and used them Weikfield reported home market experienced during the POR. as the basis for determining NV. commissions paid to its affiliate, WPCL, • We revised the G&A expense rate The results of our cost test for and to unaffiliated parties. In its calculation to include all depreciation Weikfield indicated that for certain supplemental questionnaire response, costs in the costs of goods sold amount products more than twenty percent of Weikfield claims that the commissions used as the denominator in the home market sales within an extended paid to WPCL are actual payments calculation of the rate. period of time were at prices below COP resulting from specific sales and not • We revised the financial expenses which would not permit the full intracompany transfers. Weikfield states to exclude long-term financial income recovery of all costs within a reasonable that the commissions paid to WPCL are and the gain on debt restructuring. In period of time. See 773(b)(2) of the Act. at a different rate than those addition, we included all depreciation In accordance, with section 773(b)(1) of commissions paid to unaffiliated parties costs in the costs of goods sold amount the Act, we excluded these below-cost because of the services provided by used as the denominator in calculating sales from our analysis and used the WPCL in procuring business for the financial expense ratio. remaining sales as the basis for Weikfield. See Cost of Production and determining NV. With respect to commissions paid to Constructed Value Calculation affiliated parties, the Department’s Adjustments for the Preliminary Price-to-Price Comparisons practice is to treat payments to affiliated Determination, Memorandum to Neal For both Himalya and Weikfield, we parties providing services that relate to Halper dated February 28, 2003, for a based NV on the price at which the the sale of merchandise as commissions further discussion of these adjustments. foreign like product is first sold for if they are actual expenditures resulting consumption in the home market, in the from specific sales and are not intra- B. Test of Home Market Prices usual commercial quantities and in the company transfers. The Department For Himalya and Weikfield, on a ordinary course of trade, and at the allows these expenses as direct product-specific basis, we compared the same LOT as EP or CEP, as defined by deductions to price if they are at arm’s weighted-average COP to the prices of section 773(a)(1)(B)(i) of the Act. length and tie directly to sales (see, e.g., home market sales of the foreign like Home market prices were based on Final Results of Antidumping Duty product, as required by section 773(b) of either ex-factory or delivered prices. We Administrative Review, Large the Act, in order to determine whether reduced the starting price for discounts Newspaper Printing Presses and these sales were made at prices below (Himalya and Weikfield) and movement Components Thereof, Whether

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Assembled or Unassembled, from Agro Dutch did, that includes the total increased the reported packing material Germany, 66 FR 11557, (February 26, number of days in the mushrooms cycle. amounts by 14.36 percent. See Agro 2001), accompanying Issues and Because Agro Dutch had no viable Dutch Sales Memo for an explanation of Decision Memorandum at Comment 5). home or third country market, we the methodology used to revise the Based on our analysis of Weikfield’s derived selling expenses and profit for packing material expense. Agro Dutch in accordance with section questionnaire responses in this review, Currency Conversion and WPCL’s sales and marketing 773(e)(2)(B)(ii) of the Act and the activities in support of its sister Statement of Administrative Action We made currency conversions in company, we have rejected Weikfield’s accompanying the URAA, H.R. Doc. No. accordance with section 773A of the Act claim that the payments made to WPCL 103–316, Vol.1 at 169–171 (SAA). See based on the exchange rates in effect on are arm’s-length commissions. We are 19 CFR 351.405(b)(2) (clarifying that the dates of the U.S. sales as certified by not persuaded based on the information under section 773(e)(2)(B) of the Act, the Federal Reserve Bank. in the questionnaire responses ‘‘foreign country’’ means the country in Preliminary Results of Review which the merchandise is produced). comparing the payments to WPCL to As a result of this review, we those made to unaffiliated C&F agents Under this provision, we may use an amount which reflects selling expenses preliminarily determine that the that the payments to WPCL are at arm’s weighted-average dumping margins for length. Moreover, WPCL’s activities to and profit based on actual amounts incurred or realized by other the period February 1, 2001, through promote Weikfield’s preserved January 31, 2002, are as follows: mushroom sales appear integrated with investigated companies on home market sales in the ordinary course of trade of WPCL’s own sales promotion efforts for Manufacturer/exporter Percent margin its product line. The expenses incurred the foreign like product. See section in support of these sales promotion 773(e)(2)(B)(ii) of the Act. As a result, Agro Dutch Foods, Ltd ..... 2.85 activities would be incurred whether or we calculated Agro Dutch’s selling Himalya International, Ltd 0.08 (de minimis) not a specific sale is made. Accordingly, expenses and profit as a weighted Weikfield Agro Products, 45.21 we have not deducted the reported average of the selling expense and profit Ltd. commissions to WPCL from the home amounts incurred on home market sales We will disclose the calculations used market price. by Himalya and Weikfield during the cost reporting period. For further details in our analysis to parties to this However, we are accounting for the see Agro Dutch Sales Memo. proceeding within five days of the costs incurred in support of the sales publication date of this notice. See 19 promotion activities by treating them as Price-to-Constructed Value CFR 351.224(b). Any interested party indirect selling expenses. Weikfield did Comparisons may request a hearing within 30 days of not report a separate amount for indirect For Agro Dutch, we based NV on CV, publication. See 19 CFR 351.310(c). If selling expenses; therefore, we have in accordance with section 773(a)(4) of requested, a hearing will be scheduled calculated these expenses based on the the Act. For comparisons to Agro after determination of the briefing consolidated Weikfield Group Financial Dutch’s EP sales, we made schedule. Statement submitted as Exhibit S–3 to circumstance-of-sale adjustments by Interested parties who wish to request the supplemental questionnaire deducting from CV the weighted- a hearing or to participate if one is response (see Weikfield Sales Data average direct selling expenses derived requested, must submit a written Adjustments for the Preliminary Results, from Himalya’s and Weikfield’s home request to the Assistant Secretary for Memorandum to the File dated February market data, as noted above, and adding Import Administration, Room B–099, 28, 2003). Accordingly, we made an the U.S. direct selling expenses, in within 30 days of the date of publication adjustment to the home market price for accordance with section 773(a)(8) of the of this notice. Requests should contain: commissions paid only to unaffiliated Act and section 19 CFR 351.410. (1) The party’s name, address and parties for home market sales. At verification, Agro Dutch was telephone number; (2) the number of unable to fully reconcile the expenses Calculation of Constructed Value participants; and (3) a list of issues to be incurred for packing materials. As discussed. See 19 CFR 351.310(c). We calculated CV in accordance with described at page 24 of the Agro Dutch Issues raised in the hearing will be section 773(e) of the Act, which Verification Report, we found an limited to those raised in the respective indicates that CV shall be based on the unreconciled difference equal to 14.36 case briefs. Case briefs from interested sum of each respondent’s cost of percent of the total cost of packing parties and rebuttal briefs, limited to the materials and fabrication for the subject material reported in the questionnaire issues raised in the respective case merchandise, plus amounts for SG&A response. Pursuant to section 782(e)(2) briefs, may be submitted in accordance expenses, profit and U.S. packing costs. of the Act, because we could not verify with a schedule to be determined. We relied on the submitted CV the reported packing material cost, we Parties who submit case briefs or information except for the following cannot accept the reported amount. rebuttal briefs in this proceeding are adjustments: Furthermore, in providing unverifiable requested to submit with each argument information, Agro Dutch failed to (1) a statement of the issue and (2) a Agro Dutch cooperate to the best of its ability with brief summary of the argument. Parties We adjusted the submitted total cost respect to this expense. Because Agro are also encouraged to provide a of manufacturing to include a Dutch provided the Department with summary of the arguments not to exceed recalculation of the work-in-process information that could not be verified, five pages and a table of statutes, offset. We recalculated work in process use of facts available is appropriate regulations, and cases cited. by applying a ratio to total pursuant to section 776(a)(2)(D) of the The Department will issue the final manufacturing costs that includes the Act. Under such circumstances, section results of this administrative review, number of days remaining in the year 776(b) of the Act further permits the including the results of its analysis of after all theoretically possible Department to use an inference which is issues raised in any written briefs, not mushroom growing cycles have been adverse to the party. Thus, to account later than 120 days after the date of completed rather than using a ratio, as for this unreconciled difference, we publication of this notice.

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Assessment Rates the company-specific rate published for SUMMARY: In response to timely requests The Department shall determine, and the most recent period; (3) if the by three manufacturers/exporters, the the Customs Service shall assess, exporter is not a firm covered in this Department of Commerce is conducting antidumping duties on all appropriate review, a prior review, or the original an administrative review of the entries. For assessment purposes, we do less-than-fair-value (LTFV) antidumping duty order on certain not have the actual entered values for investigation, but the manufacturer is, preserved mushrooms from Indonesia. Agro Dutch or Weikfield because these the cash deposit rate will be the rate The respondents in this proceeding are respondents are not the importers of established for the most recent period PT Indo Evergreen Agro Business Corp. record for the subject merchandise. for the manufacturer of the (‘‘Indo Evergreen’’), and PT Zeta Agro 1 Accordingly, we intend to calculate merchandise; and (4) the cash deposit Corporation (‘‘Zeta’’). The petitioner, customer-specific assessment rates by rate for all other manufacturers or the Coalition for Fair Preserved 2 aggregating the dumping margins exporters will continue to be 11.30 Mushroom Trade, did not comment. calculated for all of Agro Dutch’s and percent, the ‘‘All Others’’ rate made The period of review is February 1, Weikfield’s U.S. sales examined and effective by the LTFV investigation (see 2001, through January 31, 2002. dividing the respective amount by the Notice of Amendment of Final The Department preliminarily total quantity of the sales examined. Determination of Sales at Less Than determines that, during the period of With respect to Himalya, we intend to Fair Value and Antidumping Duty review (‘‘POR’’), Zeta and Indo calculate importer-specific assessment Order: Certain Preserved Mushrooms Evergreen did not make sales of the rates for the subject merchandise from From India, 64 FR 8311 (February 19, subject merchandise at less than normal Himalya by aggregating the dumping 1999)). These requirements, when value (‘‘NV’’) (i.e., they made sales at margins calculated for all of Himalya’s imposed, shall remain in effect until zero or de minimis dumping margins). U.S. sales examined and dividing this publication of the final results of the If these preliminary results are adopted amount by the total entered value of the next administrative review. in the final results of this administrative review, we will instruct the U.S. sales examined. To determine whether Notification to Importers the duty assessment rates are de Customs Service to liquidate This notice also serves as a appropriate entries without regard to minimis, in accordance with the preliminary reminder to importers of requirement set forth in 19 CFR antidumping duties. their responsibility under 19 CFR In addition, we preliminarily intend 351.106(c)(2), we will calculate 351.402(f) to file a certificate regarding customer- or importer-specific ad to revoke the order with respect to Zeta, the reimbursement of antidumping because we find that Zeta has met all of valorem ratios based on export prices. duties prior to liquidation of the The Department will issue the requirements for revocation, as set relevant entries during this review appropriate appraisement instructions forth in section 351.222(b) of the period. Failure to comply with this directly to the Customs Service upon Department’s regulations. requirement could result in the completion of this review. We will Interested parties are invited to Secretary’s presumption that instruct the Customs Service to assess comment on these preliminary results. reimbursement of antidumping duties antidumping duties on all appropriate EFFECTIVE DATE: March 7, 2003. occurred and the subsequent assessment entries covered by this review if any FOR FURTHER INFORMATION CONTACT: of double antidumping duties. importer- or customer-specific This administrative review and notice Sophie Castro or Rebecca Trainor, Office assessment rate calculated in the final are published in accordance with 2, AD/CVD Enforcement Group I, Import results of this review is above de sections 751(a)(1) and 777(i)(1) of the Administration-Room B–099, minimis (i.e., at or above 0.50 percent). Act and 19 CFR 351.221. International Trade Administration, See 19 CFR 351.106(c)(1). The final U.S. Department of Commerce, 14th results of this review shall be the basis Dated: February 28, 2003. Street and Constitution Avenue, NW., for the assessment of antidumping Faryar Shirzad, Washington, DC 20230; telephone : duties on entries of merchandise Assistant Secretary for Import (202) 482–0588 or (202) 482–4007, covered by the final results of this Administration. respectively. [FR Doc. 03–5490 Filed 3–6–03; 8:45 am] review and for future deposits of SUPPLEMENTARY INFORMATION: estimated duties, where applicable. BILLING CODE 3510–DS–P Background Cash Deposit Requirements On December 31, 1998, the DEPARTMENT OF COMMERCE The following cash deposit Department published in the Federal requirements will be effective for all Register (63 FR 72268), the final shipments of the subject merchandise International Trade Administration entered, or withdrawn from warehouse, [A–560–802] 1 PT Dieng Djaya (‘‘Dieng’’) and PT Surya Jaya for consumption on or after the Abadi Perkasa (‘‘Dieng/Surya’’) also requested an publication date of the final results of Certain Preserved Mushrooms From administrative review but timely withdrew their this administrative review, as provided Indonesia: Preliminary Results of request (see Certain Preserved Mushrooms from Antidumping Duty Administrative Indonesia: Notice of Partial Rescission of by section 751(a)(1) of the Act: (1) The Antidumping Duty Administrative Review, 68 cash deposit rates for the reviewed Review and Intent To Revoke Order in FR1177 (January 9, 2003)). companies will be those established in Part 2 The Coalition for Fair Preserved Mushroom Trade includes the American Mushroom Institute the final results of this review, except if AGENCY: Import Administration, the rate is less than 0.50 percent, and and the following domestic companies: L.K. International Trade Administration, Bowman, Inc., Nottingham, PA; Modern therefore, de minimis within the Department of Commerce. Mushrooms Farms, Inc., Toughkernamon, PA; meaning of 19 CFR 351.106(c)(1), in Monterrey Mushrooms, Inc., Watsonville, CA; ACTION: Notice of preliminary results of which case the cash deposit rate will be Mount Laurel Canning Corp., Temple, PA; antidumping duty administrative review zero; (2) for previously reviewed or Mushrooms Canning Company, Kennett Square, and notice of intent to revoke order in PA; Southwood Farms, Hockessin, DE; Sunny Dell investigated companies not listed above, part. Foods, Inc., Oxford, PA; United Canning Corp., the cash deposit rate will continue to be North Lima, OH.

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affirmative antidumping duty the species Agaricus bisporus and ‘‘Scope of the Order’’ section, above, determination of sales at less than fair Agaricus bitorquis. ‘‘Preserved and sold by the respondents in the value (‘‘LTFV’’) on certain preserved mushrooms’’ refer to mushrooms that home market during the POR, to be mushrooms from Indonesia. We have been prepared or preserved by foreign like products for purposes of published an antidumping duty order cleaning, blanching, and sometimes determining appropriate product on February 19, 1999 (64 FR 8310). slicing or cutting. These mushrooms are comparisons to U.S. sales. We compared On February 1, 2002, the Department then packed and heated in containers U.S. sales to sales made in the home published in the Federal Register a including but not limited to cans or market within the contemporaneous notice advising of the opportunity to glass jars in a suitable liquid medium, window period, which extends from request an administrative review of this including but not limited to water, three months prior to the U.S. sale until order for the period February 1, 2001, brine, butter or butter sauce. Preserved two months after the sale. Where there through January 31, 2002 (67 FR 4945). mushrooms may be imported whole, were no sales of identical merchandise On February 28, 2002, in accordance sliced, diced, or as stems and pieces. in the home market made in the with 19 CFR 351.213(b), we received Included within the scope of this order ordinary course of trade to compare to timely requests from Indo Evergreen, are ‘‘brined’’ mushrooms, which are U.S. sales, we compared U.S. sales to Zeta and Dieng/Surya that the presalted and packed in a heavy salt sales of the most similar foreign like Department conduct an administrative solution to provisionally preserve them product made in the ordinary course of review of their exports to the United for further processing. trade. States. In addition, Dieng/Surya and Excluded from the scope of this order In making the product comparisons, Zeta requested that the Department are the following: (1) All other species we matched foreign like products based revoke the antidumping duty order with of mushroom, including straw on the physical characteristics reported respect to them. We published a notice mushrooms; (2) all fresh and chilled by the respondents in the following of initiation of the review on March 27, mushrooms, including ‘‘refrigerated’’ or order: preservation method, container 2002 (67 FR 14696). ‘‘quick blanched mushrooms;’’ (3) dried type, mushroom style, weight, grade, On April 15, 2002, we issued mushrooms; (4) frozen mushrooms; and container solution and label type. See antidumping questionnaires to Dieng/ (5) ‘‘marinated,’’ ‘‘acidified’’ or ‘‘Normal Value’’ section below for Surya, Indo Evergreen, and Zeta. On ‘‘pickled’’ mushrooms, which are further discussion. May 20, 2002, Dieng/Surya timely prepared or preserved by means of Export Price withdrew their request for an vinegar or acetic acid, but may contain administrative review. We issued oil or other additives. For both respondents we used the Sections A through D supplemental The merchandise subject to this order export price calculation methodology, questionnaires to Indo Evergreen and is classifiable under subheadings: in accordance with section 772(a) of the Zeta in July 2002; additional Section D 2003.10.0127, 2003.10.0131, Act, because the subject merchandise supplemental questionnaires were 2003.10.0137, 2003.10.0143, was sold directly by the producer/ issued to Indo Evergreen and Zeta in 2003.10.0147, 2003.10.0153 and exporter in Indonesia to the first August 2002. We received timely 0711.51.0000 of the Harmonized Tariff unaffiliated purchaser in the United responses to our original and Schedule of the United States 3 (HTS). States prior to importation and supplemental questionnaires from Indo Although the HTS subheadings are constructed export price (‘‘CEP’’) Evergreen and Zeta in June, August and provided for convenience and customs treatment was not otherwise indicated. September 2002. purposes, our written description of the We calculated export price based on On August 16, 2002, due to the scope of this order is dispositive. the packed FOB seaport prices charged reasons set forth in the Certain to the first unaffiliated customer in the Fair Value Comparisons Preserved Mushrooms from India, United States. We made deductions, Indonesia, and the People’s Republic of To determine whether sales to the where appropriate, for foreign inland China: Notice of Extension of Time United States of certain preserved freight, foreign inland insurance, and Limit for Preliminary Results in mushrooms by Indo Evergreen and Zeta brokerage and handling, in accordance Antidumping Duty Administrative were made at less than NV, we with section 772(c)(2)(A) of the Act. As Reviews, 67 FR 53565 (August 16, 2002), compared export price to the NV, as a result of verification, we made we extended the due date for the described in the ‘‘Export Price’’ and adjustments to the companies’ data preliminary results. In accordance with ‘‘Normal Value’’ sections of this notice. where applicable, with respect to section 751(a)(3)(A) of the Act, we Pursuant to section 777A(d)(2) of the discounts, packing and shipment dates. extended the due date for the Act, we compared the export prices of See the Memorandum to the File: preliminary results by the maximum individual U.S. transactions to the Preliminary Results of Third 120 days allowable or until February 28, weighted-average NV of the foreign like Administrative Review for Zeta (‘‘Zeta’s 2003. product where there were sales made in Preliminary Calculation Memorandum’’) On January 9, 2003, we published a the ordinary course of trade at prices and Memorandum to the File: notice of rescission with respect to above the cost of production (‘‘COP’’), as Preliminary Results of Third Dieng/Surya. See Certain Preserved discussed in the ‘‘Cost of Production Administrative Review for Indo Mushrooms from Indonesia: Notice of Analysis’’ section below. Evergreen, both dated February 28, Partial Rescission of Antidumping Duty Product Comparisons 2003, on file in the Central Records Unit Administrative Review, 68 FR1177 (CRU), Room B099 of the Main In accordance with section 771(16) of (January 9, 2003). Commerce building. the Act, we considered all products Scope of the Order produced by Indo Evergreen and Zeta, Normal Value The products covered by this order covered by the description in the In order to determine whether there are certain preserved mushrooms, was a sufficient volume of sales in the 3 Prior to January 1, 2002, the HTS codes were as whether imported whole, sliced, diced, follows: 2003.10.0027, 2003.10.0031, 2003.10.0037, home market to serve as a viable basis or as stems and pieces. The preserved 2003.10.0043, 2003.10.0047, 2003.10.0053, and for calculating NV, we compared each mushrooms covered under this order are 0711.90.4000. respondent’s volume of home market

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sales of the foreign like product to the Substantial differences in selling Indo Evergreen: All of Indo volume of its U.S. sales of the subject activities are a necessary, but not Evergreen’s sales in the home market are merchandise, in accordance with sufficient, condition for determining through distributors who resell the section 773(a)(1) of the Act. that there is a difference in the stages of merchandise to wholesalers for Indo Evergreen’s and Zeta’s aggregate marketing. Id.; see also Notice of Final distribution, with the exception of a volumes of home market sales of the Determination of Sales at Less Than small amount of sales to its employees foreign like product were greater than Fair Value: Certain Cut-to-Length for consumption. We examined those five percent of their aggregate volumes Carbon Steel Plate From South Africa, two channels of distribution and the of U.S. sales of the subject merchandise. 62 FR 61731, 61732 (November 19, selling activities associated with home Therefore, we determined that the home 1997) (Cut-to-Length Plate from South market sales through these channels of market provides a viable basis for Africa). In order to determine whether distribution, and determined that there calculating NV for both Indo Evergreen the comparison sales were at different was little difference in the relevant and Zeta, in accordance with section stages in the marketing process than the selling functions provided by Indo 773(a)(1)(B)(ii)(II) of the Act. U.S. sales, we reviewed the distribution Evergreen. Specifically, Indo Evergreen does not provide inventory Arm’s-Length Sales system in each market (i.e., the ‘‘chain of distribution’’), including selling maintenance, after-sale services, Indo Evergreen and Zeta each functions, class of customer (‘‘customer technical advice, advertising, or sales reported sales of the foreign like product category’’), and the level of selling support for any of its home market to affiliated customers. To test whether expenses incurred for each type of sale. customers. Indo Evergreen does perform these sales to affiliated customers were Pursuant to section 773(a)(1)(B)(i) of some sales activity related to pre- made at arm’s length, where possible, the Act, in identifying levels of trade for delivery inspection. Indo Evergreen we compared the prices of sales to export price and comparison market stated that these services are provided to affiliated and unaffiliated customers, net sales (i.e., NV based on either home all home market customers regardless of of all movement charges, direct selling market or third country prices 5), we the channels of distribution or customer expenses, discounts, and packing. consider the starting prices before any categories. Because Indo Evergreen has Where the price to the affiliated party adjustments. For CEP sales, we consider the same selling functions for both was on average 99.5 percent or more of only the selling activities reflected in channels of distribution (i.e., pre- the price to the unaffiliated parties, we the price after the deduction of expenses delivery inspections), we find that both determined that the sales made to the and profit under section 772(d) of the channels of distribution constitute one affiliated party were at arm’s length. See Act. See Micron Technology, Inc. v. LOT. Antidumping Duties; Contervailing United States, 243 F.3d 1301, 1314– In the U.S. market, Indo Evergreen Duties; Final Rule, 62 FR 27296, 27355 1315 (Fed. Cir. 2001). made only export price sales through (May 19, 1997) (preamble to the When the Department is unable to two channels of distribution: (1) Department’s regulations). Consistent find sales of the foreign like product in Through trading companies, and (2) with 19 CFR 351.403(c), we excluded the comparison market at the same LOT through distributors who resold the from our analysis those sales where the as the EP or CEP, the Department may merchandise to wholesalers for price to the affiliated parties was less compare the U.S. sale to sales at a distribution either to supermarket than 99.5 percent of the price to the different LOT in the comparison market. chains or food service distributors. 4 Similar to the home market LOT, Indo unaffiliated parties. In comparing export price or CEP sales Evergreen does not provide inventory at a different LOT in the comparison Verification maintenance, after-sale services, market, where available data make it As provided in section 782(i) of the technical advice, advertising, or sales practicable, we make a LOT adjustment Act, we conducted verifications of the support in selling to its U.S. customers. under section 773(a)(7)(A) of the Act. information provided by Indo Evergreen In addition, Indo Evergreen does Finally, for CEP sales only, if a NV LOT and Zeta. Because of the political perform some sales activity related to is more remote from the factory than the instability in Indonesia, verification pre-delivery inspection. Indo Evergreen CEP LOT and there is no basis for took place in Singapore. We used stated that these services are provided determining whether the difference in standard verification procedures equally to all customers regardless of LOTs between NV and CEP affects price including examination of relevant sales the channels of distribution or customer comparability (i.e., no LOT adjustment and financial records, and selection of categories. Accordingly, there is only was practicable), the Department shall relevant source documentation as one LOT for U.S. sales. grant a CEP offset, as provided in exhibits. Our verification findings are We compared the export price LOT to section 773(a)(7)(B) of the Act. See Cut- detailed and on file in the CRU. the home market LOT and concluded to-Length Plate from South Africa, 62 that the selling functions performed for Level of Trade FR 61731 (November 19, 1997). home market customers are the same as Section 773(a)(1)(B)(i) of the Act We obtained information from Indo those performed for U.S. customers (i.e., states that, to the extent practicable, the Evergreen and Zeta regarding the pre-delivery inspection). Accordingly, Department will calculate NV based on marketing stages involved in making the we consider the export price and home sales at the same level of trade (LOT) as reported home market and U.S. sales, market LOTs to be the same. the export price or CEP. Sales are made including a description of the selling Consequently, we are comparing export at different LOTs if they are made at activities performed by Indo Evergreen price sales to sales at the same LOT in different marketing stages (or their and Zeta for each channel of the home market. equivalent). See 19 CFR 351.412(c)(2). distribution. Company-specific LOT Zeta: Zeta reported sales in the home findings are summarized below. market through two channels of 4 We have not applied the new calculation distribution: (1) Uaffiliated distributors, methodology for the arm’s-length test, as set out in 5 Where NV is based on constructed value, we and (2) unaffiliated end-users. We Antidumping Proceedings: Affiliated Party Sales in determine the NV LOT based on the LOT of the sale the Ordinary Course of Trade, 67 FR 69186, as this from which we derive selling, general and examined the chain of distribution and review was initiated prior to the November 23, administrative (‘‘SG&A’’) expenses and profit for the selling activities associated with 2002, date stipulated in that notice. constructed value, where possible. home market sales through these

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channels of distribution, and foreign like product, plus amounts for questionnaire responses, except for the determined that there was little general and administrative expenses following adjustments: difference in the relevant selling (‘‘G&A’’), interest expenses, and home Indo Evergreen: We revised the functions provided by Zeta. market packing costs (see ‘‘Test of Home reported costs to allocate the change in Specifically, Zeta made only delivery Market Sales Prices’’ section below for work-in-progress, the used compost arrangements for distributors and treatment of home market selling offset and additional plantation costs to trading companies. Zeta does not expenses). all fresh mushroom production rather maintain inventory or provide technical For these preliminary results, we have than only fresh mushrooms sent to the advice, warranty service or advertising implemented a change in practice cannery. We disallowed Indo for home market sales. Zeta did not regarding the treatment of foreign Evergreen’s claimed offset for refunded indicate that there are any differences exchange gains and losses. The import duties that were paid on the raw with respect to freight and delivery Department’s previous practice was to materials used in the manufacture of services between these channels of have respondents identify the source of cans used for export sales. We revised distribution or customer categories. all foreign exchange gains and losses direct materials, direct labor, variable Therefore, we find that the home market (e.g., debt, accounts receivable, accounts overhead and fixed overhead to account channels of distribution do not differ payable, cash deposits) at both a for the cost of manufacturing of fresh significantly from each other with consolidated and unconsolidated mushrooms sold as fresh, as Indo respect to selling activities and, corporate level. At the consolidated Evergreen had incorrectly reduced therefore, constitute one LOT. level, the portion of foreign exchange direct materials for the entire cost of In the U.S. market, Zeta made only gains and losses generated by debt or manufacturing of fresh mushrooms sold export price sales through one channel cash deposits was included in the as fresh. We reclassified a portion of of distribution: sales to distributors interest expense rate computation. At utilities and gas and oil expenses as shipped directly to the United States. the unconsolidated producer level, variable overhead costs, rather than Zeta incurred freight costs in delivering foreign exchange gains and losses on fixed overhead costs as reported. We the product to the port. Zeta provided accounts payable were either included revised general and administrative no technical advice or warranty services in the G&A rate computation, or under expenses to exclude an offset for sales in the U.S. market, nor did it provide certain circumstances, in the cost of revenue adjustments and to exclude the inventory maintenance, advertising, or manufacturing. Gains and losses on double-counting of the used compost sales support in selling to its U.S. accounts receivable at both the revenue offset. We also revised both the customers. Accordingly, there is only consolidated and unconsolidated financial and general and administrative one LOT for U.S. sales. producer levels were excluded from the expense rates to include the additional We compared the export price LOT to COP and CV calculations. plantation expense in the denominator the home market LOT and concluded Instead of splitting apart the foreign of the calculations. Finally, we revised that the selling functions performed for exchange gains and losses as reported in the reported costs to account for all home market customers are the same as an entity’s financial statements, we will foreign exchange gains and losses in the those performed for U.S. customers (i.e., normally include in the financial financial expense rate. For further freight/delivery services). Accordingly, expense computation all foreign details, see Preliminary Calculation we consider the export price and home exchange gains and losses. In doing so, Memorandum from Heidi Schriefer, market LOTs to be the same. we will no longer include a portion of Senior Accountant, to Neal Halper, Consequently, we are comparing export foreign exchange gains and losses from Director, Office of Accounting, Import price sales to sales at the same LOT in two different financial statements (i.e., Administration, dated February 28, the home market. consolidated and unconsolidated 2003. producer). Instead, we will only include Zeta: We disallowed Zeta’s claimed Cost of Production Analysis the foreign exchange gains and losses offset for refunded import duties paid Because we disregarded sales that reported in the financial statement of on the raw materials used in the failed the cost test for Indo Evergreen the same entity used to compute each manufacture of cans used for export and Zeta in the last completed segment respondent’s net interest expense rate. sales. We increased Zeta’s G&A of the proceeding (see Certain Preserved This approach recognizes that the key expenses to include all the G&A Mushrooms From Indonesia: Final measure is not necessarily what expenses incurred by Zeta’s parent Results of Antidumping Duty generated the exchange gain or loss, but company. We included the total amount Administrative Review, 67 FR 32014 rather how well the entity as a whole of the parent’s G&A because Zeta was (May 13, 2002)), we had reasonable was able to manage its foreign currency unable to demonstrate which G&A grounds to believe or suspect that the exposure in any one currency. As such, expenses had been incurred by the respondents’ sales of the foreign like for these preliminary results, we parent on Zeta’s behalf. For further product under consideration for the included all foreign exchange gains or details, see Preliminary Calculation determination of NV in this review may losses in the financial expense rate Memorandum from LaVonne Jackson, have been made at prices below the cost computation. We note that there may be Senior Accountant, to Neal Halper, of production (COP), as provided by unusual circumstances in certain cases Director, Office of Accounting, Import section 773(b)(2)(A)(ii) of the Act. which may cause the Department to Administration, dated February 28, Therefore, pursuant to section 773(b)(1) deviate from this general practice. We 2003. of the Act, we initiated a COP will address exceptions on a case by B. Test of Home Market Prices investigation of home market sales made case basis. by Indo Evergreen and Zeta. As this is a change in practice, we On a product-specific basis, we invite the parties to the proceeding to compared the weighted-average COP to A. Calculation of COP comment on this issue. We will address the prices of home market sales of the In accordance with section 773(b)(3) such comments in the final results of foreign like product, as required by of the Act, we calculated COP based on this review. section 773(b) of the Act, in order to the sum of Indo Evergreen’s and Zeta’s We relied on the COP information the determine whether these sales were cost of materials and fabrication for the respondents provided in their made at prices below the COP. The

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prices were exclusive of any applicable defined by section 773(a)(1)(B)(i) of the Department will consider the following movement charges, discounts, and Act. in determining whether to revoke the direct and indirect selling expenses. In Home market prices were based on order in part: (1) Whether the producer determining whether to disregard home either ex-factory or delivered prices. We or exporter requesting revocation has market sales made at prices less than reduced NV for home market movement sold subject merchandise at not less their COP, we examined, in accordance expenses, where appropriate, in than NV for a period of at least three with sections 773(b)(1)(A) and (B) of the accordance with section 773(a)(6)(B)(ii). consecutive years; (2) whether the Act, whether such sales were made (1) We also reduced NV for packing costs continued application of the within an extended period of time, (2) incurred in the home market, in antidumping duty order is otherwise in substantial quantities, and (3) at accordance with section 773(a)(6)(B)(i), necessary to offset dumping; and (3) prices which did not permit the and increased NV to account for U.S. whether the producer or exporter recovery of all costs within a reasonable packing expenses in accordance with requesting revocation in part has agreed period of time. We adjusted Zeta’s section 773(a)(6)(A). We also made in writing to the immediate reported home market indirect selling adjustments for differences in reinstatement of the order, as long as expenses to exclude certain circumstances of sale (COS) in any exporter or producer is subject to misclassified expenses. For further accordance with 773(a)(6)(C)(iii) of the the order, if the Department concludes details, see Zeta’s Preliminary Act and 19 CFR 351.410, by deducting that the exporter or producer, Calculation Memorandum. home market direct selling expenses subsequent to revocation, sold the (i.e., imputed credit) and adding U.S. subject merchandise at less than NV. 3. Results of COP Test direct selling expenses (i.e., imputed See 19 CFR 351.222(b)(2); see also Pursuant to section 773(b)(2)(c) of the credit and bank charges), where Notice of Preliminary Results and Act, where less than 20 percent of a applicable. Partial Rescission of Antidumping Duty respondent’s sales of a given product Finally, we made adjustments to NV, Administrative Review and Intent to were at prices less than the COP, we did where appropriate, for differences in Revoke Antidumping Duty Order in not disregard any below-cost sales of costs attributable to differences in the Part: Certain Pasta From Italy, 66 FR that product because we determined physical characteristics of the 34414, 34420 (June 28, 2001). that the below-cost sales were not made merchandise, pursuant to section On February 28, 2002, Zeta submitted in ‘‘substantial quantities.’’ Where 20 773(a)(6)(C)(ii) of the Act and 19 CFR a request that the Department revoke the percent or more of a respondent’s sales 351.411. order covering certain preserved of a given product during the POR were Currency Conversion mushrooms from Indonesia with respect at prices less than the COP, we to its sales of subject merchandise in disregarded the below-cost sales We made currency conversions in accordance with 19 CFR 351.222. In because we determined that they accordance with section 773A of the Act accordance with 19 CFR 351.222(e)(1), represented ‘‘substantial quantities’’ based on the official exchange rates in the request was accompanied by within an extended period of time, and effect on the dates of the U.S. sales as certifications from Zeta that, for a were at prices which would not permit certified by the Federal Reserve Bank. consecutive three-year period, including the recovery of all costs within a Revocation this review period, it sold the subject reasonable period of time, in accordance merchandise in commercial quantities with section 773(b)(1) of the Act. The Department ‘‘may revoke, in at not less than NV, and would continue The results of our cost tests for Indo whole or in part’’ an antidumping duty to do so in the future. Zeta also agreed Evergreen and Zeta indicated for certain order upon completion of a review to its immediate reinstatement in this home market products that less than 20 under section 751 of the Act. While antidumping order, as long as any percent of Indo Evergreen’s and Zeta’s Congress has not specified the company is subject to the order, if the home market sales were at prices less procedures that the Department must Department concludes that, subsequent than the COP. We therefore retained all follow in revoking an order, the to revocation, Zeta sold the subject sales of these models in our analysis Department has developed a procedure merchandise at less than NV. We and used them as the basis for for revocation that is described in 19 received no comments from the determining NV. CFR 351.222. This regulation requires, petitioner on Zeta’s request for Our cost tests also indicated, for Zeta, inter alia, that a company requesting revocation. that for certain other home market revocation must submit the following: Based on the preliminary results of products, more than twenty percent of (1) A certification that the company has this review and the final results of the home market sales within an extended sold the subject merchandise at not less two preceding reviews, Zeta has period of time were at prices below COP than NV in the current review period preliminarily demonstrated three and would not permit the full recovery and that the company will not sell at consecutive years of sales at not less of all costs within a reasonable period less than NV in the future; (2) a than NV. Further, in determining of time. In accordance with section certification that the company sold the whether three years of no dumping 773(b)(1) of the Act, we excluded these subject merchandise in commercial establish a sufficient basis to make a below-cost sales from our analysis and quantities in each of the three years revocation determination, the used the remaining sales as the basis for forming the basis of the revocation Department must be able to determine determining NV. request; and (3) an agreement to that the company continued to reinstatement in the order or suspended participate meaningfully in the U.S. Price-to-Price Comparisons investigation, as long as any exporter or market during each of the three years at For Indo Evergreen and Zeta, we producer is subject to the order (or issue. See 19 CFR 351.222(d)(1), which based NV on the price at which the suspended investigation), if the states that, ‘‘before revoking an order or foreign like product is first sold for Secretary concludes that the exporter or terminating a suspended investigation, consumption in the exporting country, producer, subsequent to the revocation, the Secretary must be satisfied that, in the usual commercial quantities and sold the subject merchandise at less during each of the three (or five) years, in the ordinary course of trade, and at than NV. See 19 CFR 351.222(e)(1). there were exports to the United States the same LOT as the export price, as Upon receipt of such a request, the in commercial quantities of the subject

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merchandise to which a revocation or merchandise entered, or withdrawn entries. For assessment purposes, we do termination will apply.’’ 19 CFR from warehouse, for consumption on not have the actual entered values for 351.222(d)(1) (emphasis added); see also the first day after the period under Indo Evergreen and Zeta because these 19 CFR 351.222(e)(1)(ii). For purposes of review, and will instruct the Customs respondents are not the importers of revocation, the Department must be able Service to refund any cash deposits. record for the subject merchandise. to determine that past margins are Accordingly, we intend to calculate Preliminary Results of the Review reflective of a company’s normal importer-specific assessment rates by commercial activity. See Certain As a result of this review, we aggregating the dumping margins Corrosion-Resistant Carbon Steel Flat preliminarily determine that the calculated for all of Indo Evergreen’s Products and Certain Cut-to-Length weighted-average dumping margins for and Zeta’s U.S. sales examined and Carbon Steel Plate From Canada; Final the period February 1, 2001, though dividing the respective amount by the Results of Antidumping Duty January 31, 2002, are as follows: total quantity of the sales examined. To Administrative Reviews and determine whether the duty assessment Determination To Revoke in Part, 64 FR Margin (per- rates were de minimis, in accordance Manufacture/exporter cent) 2173, 2175 (January 13, 1999); see also with the requirement set forth in 19 CFR Pure Magnesium From Canada; Final PT Indo Evergreen Agro Busi- 0.30 (de mini- 351.106(c)(2), we will calculate Results of Antidumping Duty ness Corp. mis) importer-specific ad valorem ratios Administrative Review and PT Zeta Agro Corporation ..... 0.00 based on export prices. Determination Not to Revoke Order in The Department will issue Part, 64 FR 12977, 12979 (March 16, We will disclose calculations used in appropriate appraisement instructions 1999); and Notice of Final Results of our analysis to parties to this proceeding directly to the Customs Service upon Antidumping Duty Administrative within five days of the publication date completion of this review. We will Review and Determination Not to of this notice. See 19 CFR 351.224(b). instruct the Customs Service to assess Revoke the Antidumping Order: Brass Any interested party may request a antidumping duties on all appropriate Sheet and Strip from the Netherlands, hearing within 30 days of publication. entries covered by this review if any 65 FR 742 (January 6, 2000). Sales See 19 CFR 351.310(c). If requested, a importer-specific assessment rate during the POR which, in the aggregate, hearing will be held 44 days after the calculated in the final results of this are of an abnormally small quantity do date of publication of this notice, or the review is above de minimis (i.e., less not provide a reasonable basis for first work day thereafter. than 0.50 percent). See 19 CFR determining that the discipline of the Interested parties who wish to request 351.106(c)(1). The final results of this order is no longer necessary to offset a hearing or to participate if one is review shall be the basis for the dumping. requested, must submit a written assessment of antidumping duties on We preliminarily find that Zeta’s request to the Assistant Secretary for entries of merchandise covered by the aggregate sales to the United States were Import Administration, Room B–099. final results of this review and for future made in commercial quantities during Requests should contain: (1) The party’s deposits of estimated duties, where the past three consecutive years. See name, address and telephone number; applicable. Zeta’s Preliminary Calculation (2) the number of participants; and (3) Cash Deposit Requirements Memorandum. Therefore, we can a list of issues to be discussed. See 19 reasonably conclude that the zero and CFR 351.310(c). The following cash deposit de minimis margins calculated for Zeta Issues raised in the hearing will be requirements will be effective for all in each of the last three administrative limited to those raised in the respective shipments of the subject merchandise reviews are reflective of the company’s case briefs and rebuttal briefs. Case entered, or withdrawn from warehouse, normal commercial experience. briefs from interested parties and for consumption on or after the Zeta also agreed in writing that it will rebuttal briefs, limited to the issues publication date of the final results of not sell subject merchandise at less than raised in the respective case briefs, may this administrative review, as provided NV in the future and to the immediate be submitted not later than 30 days and by section 751(a)(1) of the Act: (1) The reinstatement of the antidumping order, 37 days, respectively, from the date of cash deposit rate for Indo Evergreen as long as any exporter or producer is publication of these preliminary results. (Zeta is excepted due to revocation) will subject to the order, if the Department See 19 CFR 351.309(c) and (d). Parties be that established in the final results of concludes that, subsequent to the partial who submit case briefs or rebuttal briefs this review, except if the rate is less revocation, Zeta has sold the subject in this proceeding are requested to than 0.50 percent, and therefore, de merchandise at less than NV. Thus, in submit with each argument (1) a minimis within the meaning of 19 CFR light of the above and pursuant to 19 statement of the issue and (2) a brief 351.106(c)(1), in which case the cash CFR 351.222, we preliminarily find that summary of the argument. Parties are deposit rate will be zero; (2) for the subject merchandise produced and also encouraged to provide a summary previously reviewed or investigated exported by Zeta was sold at not less of the arguments not to exceed five companies not listed above, the cash than NV for a period of at least three pages and a table of statutes, deposit rate will continue to be the consecutive years and that dumping is regulations, and cases cited. company-specific rate published for the not likely to resume in the future. The Department will issue the final most recent period; (3) if the exporter is Consequently, the continuing results of this administrative review, not a firm covered in this review, a prior imposition of an antidumping duty is including the results of its analysis of review, or the original LTFV not necessary to offset dumping. issues raised in any written briefs, not investigation, but the manufacturer is, Therefore, if these preliminary results later than 120 days after the date of the cash deposit rate will be the rate are affirmed in our final results, we publication of this notice. established for the most recent period intend to revoke the order in part with for the manufacturer of the respect to merchandise produced and Assessment Rates merchandise; and (4) the cash deposit exported by Zeta. In accordance with 19 The Department shall determine, and rate for all other manufacturers or CFR 351.222(f)(3), we will terminate the the Customs Service shall assess, exporters will continue to be 11.26 suspension of liquidation for any such antidumping duties on all appropriate percent, the ‘‘All Others’’ rate made

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effective by the LTFV investigation. a new shipper review and an On October 2, 2002, Lin Fen These requirements, when imposed, administrative review, and there was no requested an expansion of the six-month shall remain in effect until publication request for review from any other period of review in the new shipper of the final results of the next interested party, the Department is review in order to include both a sale administrative review. rescinding these reviews in accordance to an unaffiliated customer and an entry of subject merchandise into the United Notification to Importers with section 351.302(b) and section 351.213 (d)(1) of the Department’s States in the new shipper review. In This notice also serves as a regulations, respectively. furtherance of the request, and in preliminary reminder to importers of EFFECTIVE DATE: March 7, 2003. accordance with section 351. 214 (j)(3) their responsibility under 19 CFR FOR FURTHER INFORMATION CONTACT: of the Department’s regulations, Lin Fen 351.402(f) to file a certificate regarding Christian Hughes or Matthew Renkey, also agreed to waive the time limits of the reimbursement of antidumping 351.214 (i) so that the Department might duties prior to liquidation of the AD/CVD Enforcement Group III, Office 7, Import Administration, International conduct the new shipper review relevant entries during this review concurrently with the administrative period. Failure to comply with this Trade Administration, U.S. Department of Commerce, 14th Street and review for the period June 1, 2001 requirement could result in the through May 31, 2002. The Department Secretary’s presumption that Constitution Avenue, N.W., Washington D.C. 20230; telephone (202) 482–0190 granted this request and extended the reimbursement of antidumping duties review period for the new shipper and (202)482–2312. occurred and the subsequent assessment review from June 1, 2001 through of double antidumping duties. SUPPLEMENTARY INFORMATION: November 30, 2001 to June 1, 2001 This administrative review and notice Background through January 14, 2002, and it also are published in accordance with postponed the time limit for the On November 30, 2001, Lin Fen sections 751(a)(1) and 777(i)(1) of the preliminary results of the new shipper requested that the Department initiate a Act and 19 CFR 351.221. review in conjunction with the new shipper review of its sales of administrative review. See Silicon Metal Dated: February 28, 2003. silicon metal from PRC to the United From the People’s Republic of China Faryar Shirzad, States pursuant to section 351. 214 of (PRC): Postponement of Time Limit for Assistant Secretary for Import the Department’s regulations. On Preliminary Results of New Shipper Administration. December 26, 2001, the Department sent Antidumping Review in Conjunction [FR Doc. 03–5492 Filed 3–6–03; 8:45 am] a letter informing Lin Fen that its BILLING CODE 3510–DS–P with Administrative Review, 67 FR request was deficient. On December 31, 70403 (November 22, 2002). 2001, Lin Fen submitted a revised On December 31, 2002, Lin Fen request for the Department to initiate a DEPARTMENT OF COMMERCE submitted a letter withdrawing its new shipper review (December is the request for the new shipper review and International Trade Administration semi-annual anniversary month of this administrative review. On February 4, order). On January 31, 2002, the 2003, the Department issued a [A-570–806] Department found that Lin Fen’s new memorandum to the parties analyzing shipper review request met all of the Silicon Metal from the People’s these withdrawals and stating that it regulatory requirements in accordance Republic of China: Notice of intended to rescind these reviews (see with section 351.214 (b) of the Rescission of New Shipper Review and Memorandum to File through Maureen Department’s regulations and, therefore, Administrative Review for China Flannery, Program Manager, Office of initiated this new shipper review. See Shanxi Province Lin Fen Prefecture AD/CVD Enforcement VII, from Silicon Metal from the People’s Foreign Trade Import and Export Corp. Christian Hughes, Analyst: Silicon Republic of China (PRC): Initiation of Metal from the People’s Republic of AGENCY: Import Administration, Antidumping Duty New Shipper Review, China: Release of Intent to Rescind International Trade Administration, 67 FR 5966 (February 8, 2002). Memorandum for New Shipper Review U.S. Department of Commerce. On June 28, 2002, Lin Fen submitted and Administrative Review for China SUMMARY: In response to timely requests a timely request for the Department to Shanxi Province Lin Fen Prefecture from respondent, China Shanxi conduct an administrative review Foreign Trade Import and Export Corp., Province Lin Fen Prefecture Foreign covering the period June 1, 2001 dated February 4, 2003. We received no Trade Import and Export Corp. (Lin through May 31, 2002, in accordance comments from any parties on this Fen), the Department of Commerce (the with section 351.213 (b)(2) of the memorandum. Department) initiated a new shipper Department’s regulations. In the request, review of the antidumping duty order Lin Fen stated that it had one sale to the Rescission of Antidumping Duty New on silicon metal from the People’s United States of the subject Shipper Review and Rescission, in Part, Republic of China (PRC), covering the merchandise during this period of of Administrative Review period of June 1, 2001 through review. In furtherance of the request, The Department is rescinding the November 30, 2001, and an Lin Fen stated that this sale was already antidumping duty new shipper review administrative review covering the subject to the ongoing new shipper of Lin Fen covering the period June 1, period of June 1, 2001 through May 31, review of Lin Fen and stated that Lin 2001 through January 14, 2002, and the 2002. See Silicon Metal from the Fen had no other sales of subject administrative review covering the People’s Republic of China (PRC): merchandise to the United States during period June 1, 2001 through May 31, Initiation of Antidumping Duty New this period of review. On July 18, 2002, 2002, in accordance with section Shipper Review, 67 FR 5966 (February the Department initiated Lin Fen’s 351.302(b) and section 351.213(d)(1) of 8, 2002), and Initiation of Antidumping administrative review request. See the Department’s regulations, and Countervailing Duty Administrative Initiation of Antidumping and respectively. Although Lin Fen’s Reviews and Requests for Revocation in Countervailing Duty Administrative withdrawals from these reviews were Part, 67 FR 48435 (July 24, 2002). Since Reviews and Requests for Revocation in not within the normal time limits Lin Fen has withdrawn its requests for Part, 67 FR 48435 (July 24, 2002). prescribed in section 351.214(f) and

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section 351.213(d)(1) of the Notification of Parties during the period February 1, 2001, Department’s regulations, we find that, This notice serves as a final reminder through January 31, 2002. under the circumstances of these to importers of their responsibility We preliminarily find that, during the reviews, it is appropriate to accept the under section 351.402(f) to file a period of review, sales of stainless steel withdrawals and rescind the reviews. certificate regarding the reimbursement bar from India were made below normal value. If the preliminary results are First, with respect to the of antidumping duties prior to adopted in the final results of this administrative review, the Department liquidation of the relevant entries administrative review, we will instruct has confirmed through a U.S. Customs during this period of review. Failure to comply with this requirement could the Customs Service to assess query that there were no entries of antidumping duties on all appropriate silicon metal during the period of result in the Secretary’s presumption that reimbursement of antidumping entries. Interested parties are invited to review except for those covered by the comment on these preliminary results. new shipper review. As such, although duties occurred and subsequent EFFECTIVE DATE: March 7, 2003. the withdrawal request was untimely, it assessment of double antidumping FOR FURTHER INFORMATION CONTACT: is reasonable to accept it since the duties. Cole Kyle or Ryan Langan, Office 1, AD/CVD Department would have rescinded the This notice also serves as a reminder Enforcement, Import Administration, administrative review due to no to parties subject to administrative International Trade Administration, shipments in accordance with section protective order (APO) of their U.S. Department of Commerce, 14th 351.213(d)(3) of the Department’s responsibility concerning the Street and Constitution Avenue, NW., regulations. Thus, the result is the same: disposition of proprietary information disclosed under APO in accordance Washington DC 20230; telephone (202) if any shipments are made by Lin Fen, 482–1503 or (202) 482–2613 such shipments will be subject to the with section 351.305(a)(3) of the Department’s regulations. Timely respectively. PRC-wide rate until another review is written notification of the return or requested. SUPPLEMENTARY INFORMATION: destruction of APO materials or With respect to the new shipper conversion to judicial protective order is Background review, a rescission will not provide any hereby requested. Failure to comply On February 1, 2002, the Department advantage to Lin Fen. The assessment with the regulations and terms of an published a notice in the Federal rate for the new shipper sales will be the APO is a sanctionable violation. Register (67 FR 4945) of the opportunity PRC-wide rate, which is the only rate, This determination and notice is for interested parties to request an as well as the highest rate, from any issued and published in accordance administrative review of the segment of this proceeding. Moreover, with section 351.214(f)(3) and section antidumping duty order on stainless continuing the new shipper review 351.213(d)(4) of the Department’s steel bar from India. In February 2001, would result in an inefficient use of the regulations and sections 751(a)(1), and the Department received timely requests Department’s resources since the 751(a)(2)(B) of the Act. for an administrative review from Department would have to issue Dated: February 28, 2003. Carpenter Technology Corp., Crucible multiple determinations, and request Faryar Shirzad, Specialty Metals Division of Crucible and analyze comments from the Materials Corp., Electralloy Corp., Slater Assistant Secretary for Import interested parties. Based on the Administration. Steels Corp., Empire Specialty Steel and the United Steelworkers of America foregoing reasons, we find it appropriate [FR Doc. 03–5489 Filed 3–6–02; 8:45 am] to rescind the new shipper and (AFL–CIO/CLC) (collectively, BILLING CODE 3510–DS–S administrative reviews of Lin Fen. ‘‘petitioners’’) and Viraj Group Ltd., an Indian producer of the subject Cash Deposit Requirements DEPARTMENT OF COMMERCE merchandise. On March 11, 2002, the Bonding will no longer be permitted Department received a review request to fulfill security requirements for International Trade Administration from Ferro Alloys Corp. Ltd. (‘‘Facor’’), shipments from Lin Fen of silicon metal an Indian exporter/producer of the [A–533–810] subject merchandise. However, since from the PRC entered, or withdrawn Facor’s review request was not timely from warehouse, for consumption in the Notice of Preliminary Results of filed in accordance with 19 CFR United States on or after the publication Antidumping Duty Administrative 351.213(b)(2) (April 2001), we did not of this notice in the Federal Register. Review: Stainless Steel Bar From India consider it when initiating this The following cash deposit AGENCY: Import Administration, administrative review. requirements will be effective upon International Trade Administration, In accordance with 19 CFR publication of this notice for all Department of Commerce. 351.221(b)(1), we published a notice of shipments of silicon metal by Lin Fen ACTION: Notice of preliminary results. initiation of this antidumping duty entered, or withdrawn from warehouse, administrative review on March 27, for consumption on or after the date of SUMMARY: In response to requests from 2002 (67 FR 14696) with respect to the publication, as provided by section interested parties, the Department of following exporter/producers of the 751(a)(2)(C) of the Act. For silicon metal Commerce is conducting an subject merchandise: Isibars Limited exported by Lin Fen, the cash deposit administrative review of the (‘‘Isibars’’); Mukand, Ltd. (‘‘Mukand’’); rate will be the PRC-wide rate, which is antidumping duty order on stainless Venus Wire Industries Limited currently 139.49 percent. There are no steel bar from India with respect to (‘‘Venus’’); and the Viraj Group, Ltd. changes to the rates applicable to any Isibars Limited; Mukand, Ltd.; Venus (‘‘Viraj’’). The period of review (‘‘POR’’) other company under this order. The Wire Industries Limited; and the Viraj is February 1, 2001 through January 31, Department will issue appropriate Group, Ltd. (Viraj Alloys, Ltd.; Viraj 2002. assessment instructions directly to the Forgings, Ltd.; and Viraj Impoexpo, On March 27, 2002, the petitioners Customs Service within 15 days of Ltd.). This review covers sales of requested the Department to conduct publication of this notice. stainless steel bar to the United States verification in this review. On May 22,

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2002, the Department issued triangles, hexagons, octagons, or other information; and (5) the information can antidumping duty questionnaires to convex polygons. SSB includes cold- be used without undue difficulties. Isibars, Venus, Viraj and Mukand. We finished SSBs that are turned or ground On May 22, 2002, the Department received timely responses from Isibars, in straight lengths, whether produced issued the antidumping duty Venus and Viraj (collectively, from hot-rolled bar or from straightened questionnaire to Mukand. The first page ‘‘respondents’’). Mukand did not file a and cut rod or wire, and reinforcing bars of the questionnaire established a due timely response to our questionnaire that have indentations, ribs, grooves, or date of June 28, 2002, for Mukand’s (see ‘‘Facts Available’’ section below for other deformations produced during the response. In addition, the cover letter to further details). We issued supplemental rolling process. the questionnaire instructed Mukand to questionnaires to the respondents and Except as specified above, the term formally request an extension of time in received responses from September does not include stainless steel semi- writing before the due date if it was 2002 to February 2003. finished products, cut length flat-rolled unable to respond to the questionnaire On October 11, 2002, the petitioners products (i.e., cut length rolled products within the specified time limit. On submitted a timely allegation that Viraj which if less than 4.75 mm in thickness August 2, 2002, Mukand submitted a made sales below the cost of production have a width measuring at least 10 times letter to the Department stating that it (‘‘COP’’). We found that the petitioners’ the thickness, or if 4.75 mm or more in did not believe it was required to allegation provided a reasonable basis to thickness having a width which exceeds respond to the Department’s believe or suspect that sales in the home 150 mm and measures at least twice the questionnaire. Mukand’s letter also market by Viraj had been made at prices thickness), wire (i.e., cold-formed stated that Mukand had made no below the COP. On November 6, 2002, products in coils, of any uniform solid shipments of the subject merchandise to pursuant to section 773(b) of the Tariff cross section along their whole length, the United States during the POR. Act of 1930, as amended effective which do not conform to the definition However, the Department examined January 1, 1995 (‘‘the Act’’) by the of flat-rolled products), and angles, shipment data furnished by the Customs Uruguay Round Agreements Act shapes, and sections. Service and found that there were U.S. (‘‘URAA’’), we initiated an investigation The SSB subject to these reviews is shipments of subject merchandise from to determine whether Viraj made home currently classifiable under subheadings Mukand during the POR. market sales during the POR at prices 7222.11.00.05, 7222.11.00.50, Mukand’s August 2, 2002 letter was below the COP, within the meaning of 7222.19.00.05, 7222.19.00.50, the first and only communication the section 773(b) of the Act (see 7222.20.00.05, 7222.20.00.45, Department received from Mukand Memorandum from Team to Susan 7222.20.00.75, and 7222.30.00.00 of the relating to this administrative review. Kuhbach, Director, AD/CVD Harmonized Tariff Schedule of the Mukand did not request an extension of Enforcement Office 1, ‘‘Allegation of United States (‘‘HTSUS’’). Although the time to respond to the Department’s Sales Below the Cost of Production for HTSUS subheadings are provided for questionnaires prior to the June 28, 2002 Viraj Impoexpo Ltd.,’’ dated November convenience and customs purposes, our response deadline nor did Mukand, at 6, 2002). Accordingly, we notified Viraj written description of the scope of this any time, inform the Department that it that it must respond to Section D of the review is dispositive. was having difficulties submitting the requested information. (See section antidumping duty questionnaire. Facts Otherwise Available On October 16, 2002, the Department 782(c) of the Act.) Lastly, Mukand’s found that because several of the Section 776(a)(2) of the Act provides statement that it had no shipments of respondents in this proceeding had that the Department shall apply ‘‘facts subject merchandise to the United outstanding supplemental otherwise available’’ if, inter alia, a States during the POR appears questionnaires and the Department respondent (A) withholds information inconsistent with U.S. customs data; in required time to review and analyze the that has been requested; (B) fails to addition, Mukand’s letter was submitted responses once they were received, it provide information within the well after the June 28, 2002 was not practicable to complete this deadlines established, or in the form or questionnaire response due date. review within the time allotted. manner requested by the Department, Therefore, on August 21, 2002, the Accordingly, we published an extension subject to subsections (c)(1) and (e) of Department sent Mukand a letter of time limit for the completion of the Section 782; (C) significantly impedes a explaining that its August 2, 2002 preliminary results of this review to no proceeding; or (D) provides information submission was being returned, that all later than February 28, 2003, in that cannot be verified. other copies had been destroyed in accordance with section 751(a)(3)(A) of Section 782(e) of the Act further accordance with 19 CFR 351.302(d)(2), the Act and 19 CFR 351.213(h)(2). See provides that the Department shall not and that none of the information in the Stainless Steel Bar from India; decline to consider information that is August 2, 2002 submission would be Extension of Time Limit for the submitted by an interested party and considered in this administrative review Preliminary Results of the Antidumping that is necessary to the determination (see Letter to Mukand Ltd., Duty Administrative Review, 67 FR but does not meet all the applicable ‘‘Administrative Review of Stainless 64870 (October 22, 2002). requirements established by the Steel Bar from India,’’ which is available Department if (1) the information is in the Department’s Central Records Scope of the Order submitted by the deadline established Unit, Room B–099). Imports covered by this review are for its submission; (2) the information Because Mukand did not respond to shipments of stainless steel bar (‘‘SSB’’). can be verified; (3) the information is the Department’s antidumping duty SSB means articles of stainless steel in not so incomplete that it cannot serve as questionnaire within the deadline for straight lengths that have been either a reliable basis for reaching the submission of such information, the use hot-rolled, forged, turned, cold-drawn, applicable determination; (4) the of facts otherwise available is cold-rolled or otherwise cold-finished, interested party has demonstrated that it appropriate and in accordance with or ground, having a uniform solid cross acted to the best of its ability in section 776(a)(2)(B) of the Act. The section along their whole length in the providing the information and meeting Department applies adverse facts shape of circles, segments of circles, the requirements established by the available ‘‘to ensure that the party does ovals, rectangles (including squares), Department with respect to the not obtain a more favorable result by

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failing to cooperate than if it had With respect to the relevance aspect Administrative Review, 67 FR 45956 cooperated fully.’’ Uruguay Round of corroboration, however, the (July 11, 2002) (‘‘2001 AR Final’’). See Agreements Act, Statement of Department will consider information also Stainless Steel Wire Rod From Administrative Action, H.R. Doc No. reasonably at its disposal as to whether India; Final Results of Antidumping 103–316, vol. 1, at 870 (1994) (‘‘SAA’’). there are circumstances that would Duty Administrative Review, 67 FR In determining the appropriate facts render a margin inappropriate. Where 37391 (May 29, 2002); Stainless Steel available to apply to Mukand, we circumstances indicate that the selected Wire Rod From India; Preliminary preliminarily find that an adverse margin is not appropriate as adverse Results and Partial Rescission of inference is warranted because Mukand facts available, the Department will Antidumping Duty Administrative failed to cooperate by not acting to the disregard the margin and determine an Review, 68 FR 1040 (January 8, 2003); best of its ability to reply to a request appropriate margin (see, e.g., Fresh Cut and Certain Forged Stainless Steel for information from the Department Flowers from Mexico; Final Results of Flanges From India; Preliminary Results under section 776(b) of the Act. Antidumping Duty Administrative and Partial Rescission of Antidumping As adverse facts available, we have Review, 61 FR 6812, 6814 (Feb. 22, Duty Administrative Review, 67 FR assigned Mukand a margin of 21.02 1996) (where the Department 10358 (March 7, 2002), affirmed in percent, the highest margin alleged in disregarded the highest margin as Certain Stainless Steel Flanges From the petition, in accordance with section adverse facts available because the India; Final Results of Antidumping 776(b)(1). (This margin was also margin was based on another company’s Duty Administrative Review, 67 FR assigned to Mukand in the Notice of uncharacteristic business expense 62439 (October 7, 2002). In the 2001 AR Final Determination of Sales at Less resulting in an unusually high margin)). Final, the Department collapsed VAL, Than Fair Value: Stainless Steel Bar Therefore, we also examined whether VIL and VFL because the record from India, 59 FR 66915 (December 28, any information on the record would evidence demonstrated that VAL and 1994) (‘‘LTFV Final’’) as adverse facts discredit the selected rate as reasonable VIL were able to produce similar or available because it failed to respond to facts available for Mukand. No such identical merchandise (i.e., the the Department’s questionnaire.) information exists. In particular, there is merchandise under review) during the Section 776(b) of the Act notes that an no information, such as reliable POR and could continue to do so, adverse facts available rate may include evidence of Mukand’s export prices, independently or under existing reliance on information derived from: that might lead to a conclusion that a agreements, without substantial (1) The petition; (2) a final different rate would be more retooling of their production facilities. determination in the investigation; (3) appropriate. The Department also found that there any previous review; or (4) any other Accordingly, we have assigned was a significant potential for the information placed on the record. Thus, Mukand, in this administrative review, manipulation of price and production the statute does not limit the specific the rate of 21.02 percent as total adverse among VAL, VIL and VFL. Because the sources from which the Department may facts available. This is consistent with record evidence in this review is obtain information for use as facts section 776(b) of the Act which states consistent with the facts upon which available. The SAA recognizes the that adverse inferences may include the Department relied in past importance of facts available as an reliance on information derived from administrative reviews, we continue to investigative tool in antidumping the petition. find that VAL, VIL and VLF are proceedings. The Department’s potential Finally, we note that Mukand, Parek affiliated and should be treated as one use of facts available provides the only Bright Bars Pvt. Ltd. (‘‘Parek’’) and Shah entity for the purposes of this incentive to foreign exporters and Alloys, Ltd. (‘‘Shah’’), are currently administrative review (i.e., collapsed) producers to respond to the subject to the 21.02 percent rate because pursuant to section 771(33) of the Act Department’s questionnaires. See SAA they failed to respond to the and 19 CFR 351.401(f). at 868. Department’s request for information in Isibars Section 776(c) of the Act mandates the LTFV Final or in prior Isibars Limited responded to the that the Department, to the extent administrative reviews. See LTFV Final, practicable, shall corroborate secondary Department’s questionnaire in this Stainless Steel Bar from India; Final information (such as petition data) using administrative review on behalf of Results of Antidumping Duty New independent sources reasonably at its Isibars Limited and its affiliates, Zenstar Shipper Review, 65 FR 3662 (January 24, disposal. In accordance with the law, Impex (‘‘Zenstar’’) and Isinox Steel, Ltd. 2000) and Stainless Steel Bar from the Department, to the extent (‘‘Isinox’’) (collectively, ‘‘Isibars’’). In India; Final Results of Antidumping practicable, will examine the reliability the LTFV Final and in Stainless Steel Duty Review and New Shipper Review and relevance of the information used. Bar from India; Final Results of To corroborate the selected margin, and Partial Rescission of Administrative Antidumping Duty Administrative we compared it to individual Review, 65 FR 48965 (August 10, 2000). Review and New Shipper Review and transaction margins for companies in Collapsing Partial Rescission of Administrative this administrative review with Review, 65 FR 48965 (August 10, 2000), weighted-average margins above de Viraj the Department determined that Isibars minimis. We found that the selected In this administrative review, in past Limited, Zenstar, and Isinox were margin falls within the range of administrative reviews of stainless steel affiliated, and should be collapsed and individual transaction margins and that bar from India, and in other considered one entity pursuant to there was a significant number of sales, antidumping proceedings before the section 771(33) of the Act and 19 CFR made in the ordinary course of trade, in Department, the Viraj Group Ltd. has 351.401(f). Because Isibars and Zenstar commercial quantities, with margins responded to the Department’s share a common director and are near or exceeding 21.02 percent. This questionnaires on behalf of the affiliated dependent upon each other for evidence supports the reliability of this companies comprising the Viraj Group, procurement, production and sales margin and an inference that the Ltd. (i.e., VAL, VIL, and VFL). See purposes, we find that Isibars and selected rate might reflect Mukand’s Stainless Steel Bar from India; Final Zenstar are affiliated persons in actual dumping margin. Results of Antidumping Duty accordance with 771(33)(F) & (G) of the

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Act. The record evidence in this exporter or producer outside the United File ‘‘Isibars Limited Preliminary administrative review demonstrates that States and the constructed export price Results Calculation Memorandum’’ Isibars and Isinox were able to produce methodology was not otherwise dated February 28, 2003 (‘‘Isibars similar or identical merchandise (i.e., indicated. We based EP on packed ex- Calculation Memorandum’’). the merchandise under review) during factory, CIF, and delivered prices to Venus the POR and could continue to do so unaffiliated purchasers in the United without substantial retooling of their States. We identified the correct starting Venus reported discounts in its sales production facilities. In addition, record price by adjusting the reported gross databases. However, the information on indicates that there was a significant unit price, where applicable, for interest the record indicates that the discounts potential for the manipulation of price revenue, taxes, and billing adjustments are actually billing adjustments (i.e., and production among Isibars, Isinox (see below). We made deductions from adjustments to price). Therefore, for the and Zenstar during the POR. Therefore, the starting price for movement preliminary results, we have treated we find that Isibars, Isinox and Zenstar expenses in accordance with section Venus’ reported discounts as billing are affiliated and should be treated as 772(c)(2)(A) of the Act. These adjustments. See Memorandum to File one entity for the purposes of this deductions included, where ‘‘Venus Wire Industries Limited administrative review (i.e., collapsed) appropriate, domestic inland freight, Preliminary Results Calculation pursuant to section 771(33) of the Act brokerage and handling, international Memorandum’’ dated February 28, 2003 and 19 CFR 351.401(f). freight, marine insurance, U.S. customs (‘‘Venus Calculation Memorandum’’). duties, U.S. inland freight, and other Fair Value Comparisons Viraj U.S. transportation expenses. To determine whether sales of SSB In accordance with Section 772(b) of For two sales, we revised Viraj’s from India to the United States were the Act, we calculated CEP for those control numbers to reflect the reported made at less than normal value, we sales to the first unaffiliated purchaser model matching characteristics. See compared export price (‘‘EP’’) or that took place after importation into the Memorandum to File ‘‘Viraj Group, Ltd. constructed export price (‘‘CEP’’) to the United States. We based CEP on packed Preliminary Results Calculation normal value (‘‘NV’’), as described in CIF and C&F duty-paid prices to Memorandum’’ dated February 28, 2003 the ‘‘Export Price and Constructed unaffiliated purchasers in the United (‘‘Viraj Calculation Memorandum’’). Export Price’’ and ‘‘Normal Value’’ States. We identified the starting price Duty Drawback sections of this notice. In accordance and made deductions for movement with 19 CFR 351.414(c)(2), we expenses, including domestic inland Isibars, Venus and Viraj claimed a compared individual EPs and CEPs to freight, international freight, marine duty drawback adjustment based on weighted-average NVs, which were insurance, brokerage and handling, U.S. their participation in the Indian calculated in accordance with section customs duties, and other transportation government’s Duty Entitlement 777A(d)(2) of the Act. expenses, where appropriate, in Passbook Program. Such adjustments accordance with section 772(c)(2)(A) of are permitted under section 772(c)(1)(B) Product Comparisons the Act. In accordance with section of the Act. In accordance with section 771(16) of 772(d)(1) of the Act, we deducted those The Department will grant a the Act, we considered all products selling expenses associated with respondent’s claim for a duty drawback produced and sold by the respondents economic activities occurring in the adjustment where the respondent has in the home market during the POR that United States, including direct and demonstrated that there is (1) a fit the description in the ‘‘Scope of the indirect selling expenses. Lastly, we sufficient link between the import duty Order’’ section of this notice to be made an adjustment for profit in and the rebate, and (2) a sufficient foreign like products for purposes of accordance with section 772(d)(3) of the amount of raw materials imported and determining appropriate product Act. used in the production of the final comparisons to U.S. sales. We compared To calculate the EP and CEP, we exported product. See Rajinder Pipe Ltd. U.S. sales to sales of identical relied upon the data submitted by the v. U.S. (‘‘Rajinder Pipes’’), 70 F. Supp. merchandise in the home market made respondents, except where noted below: 2d 1350, 1358 (Ct. Int’l Trade 1999). In in the ordinary course of trade, where Rajinder Pipes, the Court of Isibars possible. Where there were no sales of International Trade upheld the identical merchandise in the home Isibars reported that it paid, upon Department’s decision to deny a market made in the ordinary course of shipment, excise taxes on subject respondent’s claim for duty drawback trade to compare to U.S. sales, we merchandise exported to the United adjustments because there was not compared U.S. sales to sales of the most States. Isibars has not reported these substantial evidence on the record to similar foreign like product made in the taxes separately, as it claims they are establish that part one of the ordinary course of trade. To determine subsequently rebated upon Department’s test had been met. See the appropriate product comparisons, demonstration that the merchandise was also Viraj Group, Ltd. v. United States we considered the following physical exported. However, Isibars has failed to of America and Carpenter Technology, characteristics of the products in order provide sufficient documentation Corp., et al., Slip Op. 01–104 (CIT of importance: type, grade, remelting, showing that the tax was refunded upon August 15, 2001). type of final finishing operation, shape, export. Based on a review of Isibars, In this administrative review, Isibars, and size. U.S. sales invoices provided in its Venus and Viraj have failed to October 28, 2002 submission, it appears demonstrate that there is a link between Export Price and Constructed Export that Isibars’ reported gross unit prices the import duty paid and the rebate Price include the excise tax. Therefore, received, and that imported raw We calculated EP in accordance with pursuant to section 772(c)(2)(B), we materials are used in the production of Section 772(a) of the Act for those sales used the tax rate reported by Isibars to the final exported product. Because they where the merchandise was sold to the calculate the transaction-specific tax have failed to meet the Department’s first unaffiliated purchaser in the United and have deducted that amount from requirements, we are denying the States prior to importation by the the starting price. See Memorandum to respondents’ requests for a duty

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drawback adjustment. See, Isibars an entity’s financial statements, we will The SAA also notes that the burden is Calculation Memorandum, Viraj normally include in the interest expense on the respondent to demonstrate its Calculation Memorandum, and Venus computation all foreign exchange gains entitlement to a startup adjustment; Calculation Memorandum for further and losses. In doing so, we will no specifically, the respondent must details. longer include a portion of foreign demonstrate that production levels were exchange gains and losses from two limited by technical factors associated Normal Value different financial statements (i.e., with the initial phase of commercial A. Home Market Viability consolidated and unconsolidated production and not by factors unrelated In order to determine whether there is producer). Instead, we will only include to startup, such as marketing difficulties a sufficient volume of sales in the home the foreign exchange gains and losses or chronic production problems. market to serve as a viable basis for reported in the financial statement of In this administrative review, Isibars calculating NV (i.e., whether the the same entity used to compute each stated that its new bar and rod mill aggregate volume of home market sales respondent’s net interest expense rate. started trial runs in June 1998. Isibars of the foreign like product is equal to or This approach recognizes that the key claims that it began initial commercial greater than five percent of the aggregate measure is not necessarily what production on April 1, 2001, because it volume of U.S. sales), we compared generated the exchange gain or loss as was required to do so by its lenders. each respondent’s volume of home opposed to how well the entity as a Isibars notes that it complied with its market sales of the foreign like product whole was able to manage its foreign lenders’ requirement even though the to the volume of U.S. sales of the subject currency exposure in any one currency. plant had not been fully stabilized and merchandise, in accordance with 19 As such, for the preliminary results, we it was not able to produce merchandise CFR 404(b)(2). Because each included all foreign exchange gains or in commercially feasible quantities. respondent’s aggregate volume of home losses in the interest expense rate Isibars submitted a startup adjustment market sales of the foreign like product computation. We note, however, that based on the theoretical production was greater than five percent of its there may be unusual circumstances capacity of the mill based on a 24-hour aggregate volume of U.S. sales for the which may cause the Department to operation period. As noted above, the subject merchandise, we determined deviate from this general practice. SAA directs that attainment of peak that the home market was viable. We relied on the COP data submitted production levels will not be the by the respondents, except where noted standard for identifying the end of the B. Cost of Production below: startup period because the startup period may end well before a company 1. Calculation of COP Isibars achieves optimum capacity utilization. In accordance with section 773(b)(3) Isibars claimed a startup adjustment Based on the information submitted by of the Act, we calculated COP based on for its new bar and rod mill. Isibars, it appears that Isibars reached the sum of the cost of materials and Section 773(f)(1)(C)(ii) of the Act commercial levels of production prior to fabrication for the foreign like product, authorizes adjustments for startup the start of the POR. For a more detailed plus amounts for general and operations ‘‘only where (I) a producer is discussion, see Memorandum from administrative expenses (‘‘G&A’’), and using new production facilities or Nancy Decker through Michael Martin interest expenses, and home market producing a new product that requires to Neal Halper, ‘‘Isibars Cost of packing costs, where appropriate (see substantial additional investment, and Production and Constructed Value the ‘‘Test of Comparison Market Sales (II) production levels are limited by Calculation Adjustments for the Prices’’ section below for treatment of technical factors associated with the Preliminary Results’’ memorandum home market selling expenses). initial phase of commercial production. dated February 28, 2003. For each respondent, we have For purposes of subclause (II), the initial In addition, we find that the problems implemented a change in practice phase of commercial production ends at reported by Isibars do not demonstrate regarding the treatment of foreign the end of the startup period. In that production levels were limited by exchange gains and losses. The determining whether commercial technical factors associated with the Department’s previous practice was to production levels have been achieved, initial phase of commercial production. have respondents identify the source of the administering authority shall Rather, we find that these problems all foreign exchange gains and losses consider factors unrelated to startup primarily appear to be chronic (e.g., debt, accounts receivable, accounts operations that might affect the volume production problems rather than payable, cash deposits) at both a of production processed, such as technical factors associated with consolidated and unconsolidated demand, seasonality, or business startup. For a more detailed discussion, corporate level. At the consolidated cycles.’’ Moreover, the SAA at 836 see Memorandum from Nancy Decker level, the current portion of foreign directs that attainment of peak through Michael Martin to Neal Halper, exchange gains and losses generated by production levels will not be the ‘‘Isibars Cost of Production and debt or cash deposits was included in standard for identifying the end of the Constructed Value Calculation the interest expense rate computation. startup period because the startup Adjustments for the Preliminary At the unconsolidated producer level, period may end well before a company Results’ memorandum dated February foreign exchange gains and losses on achieves optimum capacity utilization. 28, 2003. Because section 773(f)(1)(C)(ii) accounts payable were either included In addition, the SAA notes that of the Act establishes that both prongs in the G&A rate computation, or under Commerce will not extend the startup of the start-up test must be met before certain circumstances, in the cost of period so as to cover improvements and a startup adjustment is warranted, these manufacturing. Gains and losses on cost reductions that may occur over the findings demonstrate that Isibars has accounts receivable at both the entire life cycle of the product. The SAA failed to meet the second prong of the consolidated and unconsolidated further instructs that a producer’s test, which is sufficient to deny Isibars’ producer levels were excluded from the projections of future volume or cost will claim for a startup adjustment. COP and CV calculations. be accorded little weight, as actual data As discussed above, we adjusted Instead of splitting apart the foreign regarding production are much more Isibars’’, Isinox’s and Zenstar’s interest exchange gains and losses as reported in reliable than a producer’s expectations. expense, G&A expenses, and cost of

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manufacturing (COM), where expense rate calculation. We revised the COP, we do not disregard any applicable, to account for our change in VAL’s COS to include the depreciation below-cost sales of that product because the treatment of foreign exchange gains expense. We then divided VAL’s we determine that in such instances the and losses. We also revised Isibars’ reported G&A expenses by the revised below-cost sales were not made in interest expense calculation COS to calculate the revised G&A ‘‘substantial quantities.’’ Where 20 methodology. We adjusted COM for expense rate; (3) VIL excluded certain percent or more of a respondent’s sales Isibars to include certain lease and hire interest and bank charges from the of a given product are at prices less than charges that were not included in reported financial expense rate the COP, we disregard those sales of that reported costs. We adjusted G&A for calculation which it claims are product because we determine that in Isinox to deduct certain selling reflective of the imputed finance such instances the below-cost sales expenses. We also adjusted COM for charges used to adjust price. We revised represent ‘‘substantial quantities’’ Zenstar to adjust for differences from VIL’s financial expense to include the within an extended period of time in the submitted reconciliation. As Isibars interest charges and bank charges. We accordance with section 773(b)(1)(A) of did not provide COP data for one then divided VIL’s revised interest the Act. In such cases, we also product control number, we assigned expense by the cost of sales to calculate determine whether such sales were that product control number the costs of the revised financial expense rate; (4) made at prices which would not permit a similar product. For a detailed VAL calculated its financial expense recovery of all costs within a reasonable discussion of the above-mentioned rate to include all of the interest period of time, in accordance with adjustments, see Memorandum from expenses and the COS of Viraj group section 773(b)(1)(B) of the Act. Nancy Decker through Michael Martin companies. Because Viraj group We found that, for each of the to Neal Halper, ‘‘Isibars Cost of companies do not prepare consolidated respondents, for certain specific Production and Constructed Value financial statements, we revised VAL’s products, more than 20 percent of the Calculation Adjustments for the financial expense rate calculation to comparison market sales were at prices Preliminary Results’ memorandum reflect only VAL’s interest expense and less than the COP and, thus, the below- dated February 28, 2003. the COS. In addition we revised VAL’s cost sales were made within an interest expense to include waived Venus extended period of time in substantial interest expense. We then divided VIL’s quantities. In addition, these sales were We made the following adjustments to revised interest expense by the VAL’s made at prices that did not provide for Venus’ reported costs: (1) We adjusted cost of sales to calculate the revised the recovery of costs within a reasonable Venus’ fixed overhead to account for the financial expense rate. For a detailed period of time. We therefore excluded incorrect reporting period used for discussion of the above-mentioned depreciation; (2) we adjusted direct these sales and used the remaining adjustments, see Memorandum from Ji sales, if any, as the basis for determining material cost to eliminate the scrap Young Oh through Michael Martin to realization amount because Venus could NV, in accordance with section Neal Halper, ‘‘Cost of Production and 773(b)(1). not explain the methodology behind the Constructed Value Calculation For U.S. sales of subject merchandise percentage used for the process loss Adjustments for the Preliminary for which there were no comparable calculation; (3) we adjusted Venus’ Results’ dated February 28, 2003. We home market sales in the ordinary interest expense ratio to include interest also created temporary control numbers course of trade (e.g., sales that passed attributed to export invoices and our which include ranged sizes for cost the cost test), we compared those sales change in the treatment of foreign matching purposes (see Viraj exchange gains and losses (as discussed Calculation Memorandum). to constructed value (‘‘CV’’), in above); (4) we adjusted G&A for Venus accordance with section 773(a)(4) of the to include donations, prior year 1. Test of Home Market Prices Act. adjustments, and loss on sale of assets; On a product-specific basis, we C. Calculation of Constructed Value and (5) we adjusted G&A for Venus to compared the adjusted weighted- include all G&A costs after deduction of average COP to the home market sales Section 773(a)(4) of the Act provides selling expenses. For a detailed of the foreign like product during the that where NV cannot be based on discussion of the above-mentioned POR, as required under section 773(b) of comparison-market sales, NV may be adjustments, see Memorandum from the Act, in order to determine whether based on CV. Accordingly, when sales Margaret Pusey through Michael Martin sales had been made at prices below the of comparison products could not be to Neal Halper ‘‘Venus Wire Industries COP. The prices were exclusive of any found, either because there were no Limited Cost of Production and applicable movement charges, billing sales of a comparable product or all Constructed Value Calculation adjustments, commissions, discounts sales of the comparable products failed Adjustments for the Preliminary and indirect selling expenses. In the COP test, we based NV on CV. Results’ dated February 28, 2003. determining whether to disregard home In accordance with section 773(e)(1) market sales made at prices below the and (e)(2)(A) of the Act, we calculated Viraj COP, we examined, in accordance with CV based on the sum of the cost of We made the following adjustments to sections 773(b)(1)(A) and (B) of the Act, materials and fabrication for the subject Viraj’s reported costs: (1) VIL calculated whether such sales were made (1) merchandise, plus amounts for selling its yield losses based on the quantity of within an extended period of time in expenses, G&A, including interest, scrap and wastage produced as a substantial quantities and (2) at prices profit and U.S. packing costs. We made percentage of the quantity of bright bar which did not permit the recovery of the same adjustments to the CV costs as output produced. We revised VIL’s yield costs within a reasonable period of time. described in the ‘‘Calculation of COP’’ losses calculation to reflect the input section of this notice. In accordance quantity of raw material instead of the 2. Results of the COP Test with section 773(e)(2)(A) of the Act, we quantity of bright bar produced; (2) VAL Pursuant to section 773(b)(1) of the based selling expenses, G&A and profit excluded certain depreciation expense Act, where less than 20 percent of a on the amounts incurred and realized by from the cost of sales (‘‘COS’’) which is respondent’s sales of a given product the respondent in connection with the used as denominator of the G&A during the POR were at prices less than production and sale of the foreign like

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product in the ordinary course of trade the Act. Finally, for CEP sales only, if necessary. See section 773(a)(7)(A) of for consumption in the foreign country. a NV LOT is more remote from the the Act. factory than the CEP LOT and we are D. Level of Trade E. Calculation of Normal Value Based unable to make a level of trade on Home Market Prices Section 773(a)(1)(B)(i) of the Act adjustment, the Department shall grant states that, to the extent practicable, the a CEP offset, as provided in section We calculated NV based on ex-factory Department will calculate NV based on 773(a))(7)(B) of the Act. See Notice of or delivered prices to unaffiliated sales at the same level of trade (‘‘LOT’’) Final Determination of Sales at Less customers in the home market. We as the EP or CEP. Sales are made at Than Fair Value: Certain Cut-to-Length identified the starting price and made different LOTs if they are made at Carbon Steel Plate from South Africa, adjustments for billing adjustments, different marketing stages (or their 62 FR 61731 (November 19, 1997). where appropriate (see below). We also equivalent). See 19 CFR 351.412(c)(2). Viraj reported that it sells to made deductions for early payment Substantial differences in selling manufacturers and trading companies in discounts. In accordance with section activities are a necessary, but not the home market, and to distributors in 773(a)(6)(B)(ii) of the Act, we made sufficient, condition for determining the United States. Viraj reported a single deductions for inland freight. In that there is a difference in the stages of level of trade and a single channel of addition, we made adjustments under marketing. Id.; see also Notice of Final distribution in the home market and has section 773(a)(6)(C)(iii) of the Act and Determination of Sales at Less Than not requested a LOT adjustment. We 19 CFR 351.410 for differences in Fair Value: Certain Cut-to-Length examined the information reported by circumstances of sale for imputed credit Carbon Steel Plate From South Africa, Viraj and found that home market sales expenses and commissions, where 62 FR 61731, 61732 (November 19, to both customer categories were appropriate. We also made adjustments, 1997). In order to determine whether the identical with respect to sales process, where appropriate, in accordance with comparison sales were at different freight services, warehouse/inventory 19 CFR 351.410(e), for indirect selling stages in the marketing process than the maintenance, advertising activities, expenses incurred in the home market U.S. sales, we reviewed the distribution technical service, and warranty service. or United States where commissions system in each market (i.e., the ‘‘chain Accordingly, we preliminarily find that 1 were granted on sales in one market but of distribution’’), including selling Viraj had only one level of trade for its not in the other (the commission offset). functions,2 class of customer (‘‘customer home market sales. Furthermore, we made adjustments category’’), and the level of selling For CEP sales, Viraj reported the same for differences in costs attributable to expenses for each type of sale. single level of trade and channel of differences in the physical Pursuant to section 773(a)(1)(B)(i) of distribution reported for home market characteristics of the merchandise in the Act, in identifying levels of trade for sales. The CEP selling activities differ EP and comparison market sales, (i.e., from the home market selling activities accordance with section 773(a)(6)(C)(ii) NV based on either home market or only with respect to freight and of the Act and 19 CFR 351.411. We also third country prices 3) we consider the delivery. Therefore, we find that the deducted home market packing costs starting prices before any adjustments. CEP level of trade is similar to the home and added U.S. packing costs in For CEP sales, we consider only the market LOT and a level-of-trade accordance with section 773(a)(6)(A) selling expenses reflected in the price adjustment is not necessary. See section and (B) of the Act. after the deduction of expenses and 773(a)(7)(A) of the Act. To calculate NV, we relied upon the profit under section 772(d) of the Act. Isibars reported that it sells to end- data submitted by the respondents. See Micron Technology, Inc. v. United users and trading companies in the However, for Isibars, we adjusted the States, 243 F. 3d 1301, 1314–1315 (Fed. home market, and to distributors in the quantities reported for several sales to Cir. 2001). United States. Venus reported that it account for returned merchandise (see When the Department is unable to sells to trading companies and end- Isibars Calculation Memorandum). For match U.S. sales to sales of the foreign users in the home market, and to Venus, we used the date of the like product in the comparison market distributors and end-users in the United preliminary results as the payment date at the same LOT as the EP or CEP, the States. Isibars and Venus reported the in the credit calculation for those sales Department may compare the U.S. sale same level of trade and the same for which payment dates were not to sales at a different LOT in the channel of distribution for sales in the reported. Venus also reported discounts comparison market. In comparing EP or United States and the home market, and in its sales databases. However, the CEP sales at a different LOT in the neither company has requested a LOT information on the record indicates that comparison market, where available adjustment. the discounts are actually billing data make it practicable, we make a LOT We examined the information adjustments (i.e., adjustments to price). adjustment under section 773(a)(7)(A) of reported by Isibars and Venus, and Therefore, for the preliminary results, found that home market sales to both we have treated Venus’ reported 1 The marketing process in the United States and customer categories were identical with discounts as billing adjustments. See, home market begins with the producer and extends respect to sales process, freight services, Venus Calculation Memorandum for to the sale to the final user or customer. The chain warehouse/inventory maintenance, further details. of distribution between the two may have many or advertising activities, technical service, few links, and the respondents’ sales occur F. Calculation of Normal Value Based and warranty service. Accordingly, we somewhere along this chain. In performing this on Constructed Value evaluation, we considered each respondent’s preliminarily find that each company narrative response to properly determine where in had only one level of trade for its home For price-to-CV comparisons, we the chain of distribution the sale occurs. 2 Selling functions associated with a particular market sales. Isibars’ and Venus’ EP made adjustments to CV in accordance chain of distribution help us to evaluate the level(s) selling activities differ from the home with section 773(a)(8) of the Act. We of trade in a particular market. For purposes of market selling activities only with made adjustments to CV for differences these preliminary results, we have organized the respect to freight and delivery. in circumstances of sale in accordance common selling functions into four major categories: sales process and marketing support, Therefore, we find that the EP level of with section 773(a)(6)(C)(iii) of the Act freight and delivery, inventory and warehousing, trade is similar to the home market LOT and 19 CFR 351.410. In addition, we and quality assurance/warranty services. and a level-of-trade adjustment is not added U.S. packing costs.

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Currency Conversion 773A(a) of the Act based on the Preliminary Results of Review exchange rates in effect on the dates of We made currency conversions into the U.S. sales as reported by the Federal We preliminarily find the following U.S. dollars in accordance with section Reserve Bank. weighted-average dumping margins:

Exporter/manufacturer Weighted-average margin percentage

Isibars Limited ...... 11.26 Mukand, Ltd ...... 21.02 Venus Wire Industries Limited ...... 0.0 (de minimis) Viraj Group, Ltd ...... 0.04 (de minimis)

Assessment Rates section 751(a)(1) of the Act: (1) The cash reimbursement of antidumping duties Pursuant to 19 CFR 351.212(b), the deposit rates for the reviewed occurred and the subsequent assessment Department calculates an assessment companies will be the rate established of double antidumping duties. in the final results of this review, except rate for each importer of the subject Notification Regarding APOs merchandise for each respondent. Upon if the rate is less than 0.50 percent, and issuance of the final results of this therefore, de minimis within the This notice also serves as a reminder administrative review, if any importer- meaning of 19 CFR 351.106(c)(1), in to parties subject to administrative specific assessment rates calculated in which case the cash deposit rate will be protective orders (‘‘APO’’) of their the final results are above de minimis zero; (2) if the exporter is not a firm responsibility concerning the (i.e., at or above 0.5 percent), the covered in this review, but was covered disposition of proprietary information Department will issue appraisement in a previous review or the original disclosed under APO in accordance instructions directly to the Customs LTFV investigation, the cash deposit with 19 CFR 351.305, that continues to Service to assess antidumping duties on rate will continue to be the company- govern business proprietary information appropriate entries. To determine specific rate published for the most in this segment of the proceeding. whether the duty assessment rates recent period; and (3) the cash deposit Timely written notification of the covering the period were de minimis, in rate for all other manufacturers and/or return/destruction of APO materials or accordance with the requirement set exporters of this merchandise, shall be conversion to judicial protective order is forth in 19 CFR 351.106(c)(2), for each 12.45 percent, the ‘‘all others’’ rate hereby requested. Failure to comply respondent we calculate importer (or established in the LTFV investigation with the regulations and the terms of an customer)-specific ad valorem rates by (see 59 FR 66915, December 28, 1994). APO is a sanctionable violation. aggregating the dumping margins These requirements, when imposed, This administrative review and notice calculated for all U.S. sales to that shall remain in effect until publication are in accordance with sections importer (or customer) and dividing this of the final results of the next 751(a)(1) and 777(i)(1) of the Act. administrative review. amount by the total value of the sales to Dated: February 28, 2003. that importer (or customer). Where an Public Comment Faryar Shirzad, importer (or customer)-specific ad valorem rate is greater than de minimis, Any interested party may request a Assistant Secretary for Import we calculate a per unit assessment rate hearing within 30 days of publication of Administration. by aggregating the dumping margins this notice. A hearing, if requested, will [FR Doc. 03–5491 Filed 3–6–03; 8:45 am] calculated for all U.S. sales to that be held 37 days after the publication of BILLING CODE 3510–DS–P importer (or customer) and dividing this this notice, or the first business day amount by the total quantity sold to that thereafter. Interested parties may submit importer (or customer). We have case briefs within 30 days of the date of DEPARTMENT OF COMMERCE calculated a per unit assessment rate for publication of this notice. Rebuttal briefs, which must be limited to issues National Institute of Standards and CEP sales because we did not have Technology reliable entered values to calculate an raised in the case briefs, may be filed assessment rate. See, Viraj Calculation not later than 35 days after the date of Proposed Information Collection; Memorandum for further details. publication of this notice. The Comment Request; Program All other entries of the subject Department will issue the final results Evaluation Data Collections merchandise during the POR will be of this administrative review, which will include the results of its analysis of liquidated at the antidumping duty rate ACTION: Notice. in place at the time of entry. issues raised in any such comments, The Department will issue within 120 days of publication of the SUMMARY: The Department of appropriate assessment instructions preliminary results. Commerce, as part of its continuing directly to the Customs Service within Notification to Importers effort to reduce paperwork and 15 days of publication of the final respondent burden, invites the general This notice also serves as a results of this review. public and other Federal agencies to preliminary reminder to importers of take this opportunity to comment on Cash Deposit Rates their responsibility under 19 CFR proposed and/or continuing information The following deposit requirements 351.402(f) to file a certificate regarding collections, as required by the will be effective upon publication of the the reimbursement of antidumping Paperwork Reduction Act of 1995, final results of this administrative duties prior to liquidation of the Public Law 104–13 (44 U.S.C. 3506 review for all shipments of SSB from relevant entries during this review (2)(A)). India entered, or withdrawn from period. Failure to comply with this warehouse, for consumption on or after requirement could result in the DATES: Written comments must be the publication date, as provided for by Secretary’s presumption that submitted on or before May 6, 2003.

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FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden Coastal Management Program document Requests for additional information or (including hours and cost) of the or Reserve final management plan copies of the information collection proposed collection of information; (c) approved by the Secretary of Commerce, instrument(s) and instructions should ways to enhance the quality, utility, and and adhered to the terms of financial be directed to Phyllis Boyd, National clarity of the information to be assistance awards funded under the Institute of Standards and Technology, collected; and (d) ways to minimize the CZMA. 100 Bureau Drive, Stop 3220, burden of the collection of information The evaluations will include a site Gaithersburg, MD, 20899–3220, (301) on respondents, including automated visit, consideration of public comments, 975–4062. collection techniques or other forms of and consultations with interested information technology. SUPPLEMENTARY INFORMATION: Federal, state, territory and local Comments submitted in response to I. Abstract this notice will be summarized and agencies and members of the public. Public meetings will be held as part of In accordance with Executive Order included in the request for OMB the site visits. 12862, the National Institute of approval of this information collection. Standards and Technology (NIST), a They also will become a matter of Notice is hereby given of the dates of non-regulatory agency of the public record. the site visits for the listed evaluations, Department of Commerce, proposes to Dated: March 3, 2003. and the dates, local times, and locations conduct a number of surveys—both Gwellnar Banks, of the public meetings during the site quantitative and qualitative—designed visits. Management Analyst, Office of the Chief to evaluate our current programs from a Information Officer. The Chesapeake Bay-Virginia customer perspective. NIST proposes to [FR Doc. 03–5362 Filed 3–6–03; 8:45 am] National Estuarine Research Reserve perform program evaluation data BILLING CODE 3510–13–P evaluation site visit will be held April collections by means of, but not be 28–30, 2003. One public meeting will be limited to, focus groups, reply cards that held during the week. The public accompany product distributions, and DEPARTMENT OF COMMERCE meeting will be on Wednesday, April web-based surveys and dialogue boxes 30, 2003, at 7 p.m., in the Wilson House that offer customers the opportunity to National Oceanic and Atmospheric Seminar Room, Virginia Institute of express their views on the programs Administration Marine Science, Gloucester Point, they are asked to evaluate. NIST will Virginia. limit its inquiries to data collections Evaluation of Coastal Zone that solicit strictly voluntary opinions Management Programs and National The Guam Coastal Zone Management and will not collect information that is Estuarine Research Reserves Program evaluation site visit will be required or regulated. Steps will be held April 15–26, 2003. One public AGENCY: Office of Ocean and Coastal taken to assure anonymity of meeting will be held during the site Resource Management, National Ocean respondents in each activity covered visit. The public meeting will be on Service, National Oceanic and under this request. Tuesday, April 22, 2003, at 6 p.m., in Atmospheric Administration (NOAA), the Governor’s Cabinet Conference II. Method of Collection DOC. Room, Adelup, Guam. Copies of states’ NIST will collect this information by ACTION: Notice of intent to evaluate. and territories’ most recent performance mail, fax, electronically, telephone, and SUMMARY: The NOAA Office of Ocean reports, as well as OCRM’s notifications person-to-person sessions. and Coastal Resource Management and supplemental request letters to the III. Data (OCRM) announces its intent to evaluate states and territories, are available upon request from OCRM. Written comments OMB Number: 0693–0033. the performance of the Chesapeake Bay- Virginia National Estuarine Research from interested parties regarding these Form Number: None. Programs are encouraged and will be Type of Review: Regular submission. Reserve and the Guam Coastal Zone accepted until 15 days after the last Affected Public: Business or for-profit Management Program. public meeting. Please direct written organizations, not-for profit institutions, The Coastal Zone Management comments to Ralph Cantral, Chief, individuals or households. Program evaluation will be conducted Estimated Number of Respondents: pursuant to section 312 of the Coastal National Policy and Evaluation 12,000. Zone Management Act of 1972 (CZMA), Division, Office of Ocean and Coastal Estimated Time Per Response: Varied, as amended and regulations at 15 CFR Resource Management, NOS/NOAA, dependent upon the data collection. The part 923, subpart L. The National 1305 East-West Highway, 10th floor, response time may vary from two Estuarine Research Reserve evaluation Silver Spring, Maryland 20910. When minutes for a response card to two will be conducted pursuant to sections the evaluations are completed, OCRM hours for focus group participation. The 312 and 315 of the Coastal Zone will place a notice in the Federal average response time is expected to be Management Act of 1972 (CZMA), as Register announcing the availability of 30 minutes. amended and regulations at 15 CFR part the Final Evaluation Findings. Estimated Total Annual Burden 921, subpart E and part 923, subpart L. The CZMA requires continuing FOR FURTHER INFORMATION CONTACT: Hours: 3,022. Ralph Cantral, Chief, National Policy Estimated Total Annual Cost: $0. review of the performance of states and territories with respect to coastal and Evaluation Division, Office of IV. Request for Comments program and research reserve program Ocean and Coastal Resource Comments are invited on: (a) Whether implementation. Evaluation of Coastal Management, NOS/NOAA, 1305 East- the proposed collection of information Zone Management Programs and West Highway, Silver Spring, Maryland is necessary for the proper performance National Estuarine Research Reserves 20910, (301) 713–3155, Extension 118. of the functions of the agency, including requires findings concerning the extent (Federal Domestic Assistance Catalog 11.419 whether the information shall have to which a state or territory has met the Coastal Zone Management Program practical utility; (b) the accuracy of the national objectives, adhered to its Administration)

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Dated: March 3, 2003. 20229. acting pursuant to the authority Jamison S. Hawkins, Dear Commissioner: This directive delegated by Commission Regulation amends, but does not cancel, the directive Acting Assistant Administrator for Ocean 140.96, has determined that publication issued to you on September 3, 2002, by the Services and Coastal Zone Management. of the Exchange’s proposal for comment Chairman, Committee for the Implementation is in the public interest, and will assist [FR Doc. 03–5472 Filed 3–6–03; 8:45 am] of Textile Agreements. That directive BILLING CODE 3510–08–M concerns imports of certain cotton and wool the Commission in considering the textiles and textile products in the following views of interested persons. categories, produced or manufactured in DATES: Comments must be received on COMMITTEE FOR THE Romania and exported during the twelve- or before March 24, 3003. IMPLEMENTATION OF TEXTILE month period which began on January 1, ADDRESSES: Interested persons should AGREEMENTS 2003 and extends through December 31, submit their views and comments to 2003. Jean A. Webb, Secretary, Commodity Adjustment of Import Limits for Certain Effective on March 7, 2003, you are directed to adjust the limits for the following Futures Trading Commission, Three Cotton and Wool Textiles and Textile categories, as provided for under the Uruguay Lafayette Centre, 1155 21st Street, NW., Products Produced or Manufactured in Round Agreement on Textiles and Clothing: Washington 20581. In addition, Romania comments may be sent by facsimile transmission to (202) 418–5521 or by Category Adjusted twelve-month March 4, 2003. limit 1 electronic mail to [email protected]. AGENCY: Committee for the Reference should be made to ‘‘CBT Implementation of Textile Agreements 315 ...... 5,787,846 square me- mini-sized, corn, soybean and wheat (CITA). ters. 410 ...... 113,694 square me- futures contracts.’’ ACTION: Issuing a directive to the ters. FOR FURTHER INFORMATION CONTACT: Commissioner of Customs adjusting 435 ...... 17,157 dozen. Please contact Frederick Linse of the limits. 442 ...... 15,237 dozen. Division of Market Oversight, 443 ...... 61,892 numbers. Commodity Futures Trading EFFECTIVE DATE: March 7, 2003. 444 ...... 21,874 numbers. Commission, Three Lafayette Centre, FOR FURTHER INFORMATION CONTACT: 447/448 ...... 32,324 dozen. 1155 21st Street, NW., Washington Naomi Freeman, International Trade 1 The limits have not been adjusted to ac- 20581, (202) 418–5273. Facsimile Specialist, Office of Textiles and count for any imports exported after December number: (202) 418–5527. Electronic Apparel, U.S. Department of Commerce, 31, 2002. mail: [email protected]. (202) 482–4212. For information on the The Committee for the Implementation of SUPPLEMENTARY INFORMATION: The quota status of these limits, refer to the Textile Agreements has determined that proposed futures contracts would Quota Status Reports posted on the these actions fall within the foreign affairs provide for the delivery of warehouse bulletin boards of each Customs port, exception to the rulemaking provisions of 5 depository receipts and certificates call (202) 927–5850, or refer to the U.S. U.S.C. 553(a)(1). representing 1,000 bushels of corn, Customs website at http:// Sincerely, James C. Leonard III, soybeans and wheat, respectively. www.customs.gov. For information on Except for certain terms noted below, embargoes and quota re-openings, refer Chairman, Committee for the Implementation of Textile Agreements. the terms and conditions of the subject to the Office of Textiles and Apparel [FR Doc. 03–5421 Filed 3–6–03; 8:45 am] contracts would be identical to the website at http://otexa.ita.doc.gov. terms and conditions of the existing BILLING CODE 3510–DR–S SUPPLEMENTARY INFORMATION: 1,000-bushel corn, soybeans and wheat Authority: Section 204 of the Agricultural futures contracts traded on the MidAmerica Commodity Exchange Act of 1956, as amended (7 U.S.C. 1854); COMMODITY FUTURES TRADING Executive Order 11651 of March 3, 1972, as (MACE). In this respect, prior to the first COMMISSION amended. trading day of the subject new contracts, The current limits for certain Chicago Board of Trade (CBT) all of the open interest on the MACE categories are being adjusted for Proposed New Mini-Sized Corn, corn, soybean and wheat futures carryover, carryforward, carryforward Soybean, and Wheat Futures Contracts contracts would be transferred to the used, swing, and special shift. corresponding new CBT mini-sized A description of the textile and AGENCY: Commodity Futures Trading contracts. Trading of the MACE corn, apparel categories in terms of HTS Commission. soybean and wheat contracts on MACE numbers is available in the ACTION: Notice of availability of terms would cease after the open interest in CORRELATION: Textile and Apparel and conditions of new contract these contracts has been transferred to Categories with the Harmonized Tariff specifications for mini-sized corn, the CBT. Schedule of the United States (see soybean, and wheat futures. The primary differences between the Federal Register notice 68 FR 1599, CBT mini-sized and MACE contracts published on January 13, 2003). Also SUMMARY: The Chicago Board of Trade relate to the contracts’ speculative see 67 FR 57409, published on (CBT or Exchange) has requested that position limits and certain terms September 10, 2002. the Commission approve the subject concerning the taking of physical proposed new mini-sized corn, soybean, James C. Leonard III, delivery against outstanding warehouse and wheat futures contracts, new CBT depository receipt and shipping Chairman, Committee for the Implementation Regulation 332.11, and related of Textile Agreements. certificates. Under proposed amendments to existing CBT amendments to the CBT’s Regulation Committee for the Implementation of Textile Regulations 425.01 and 1008.01. The 425.01, a trader’s combined position in Agreements proposals were submitted pursuant to the mini-sized contracts and the March 4, 2003. Commission Regulations 40.3 and 40.5. corresponding CBT corn, soybean and Commissioner of Customs, The Director of the Division of Market wheat futures contracts would be Department of the Treasury, Washington, DC Oversight (Division) of the Commission, subject to the CBT’s existing speculative

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position limits for these commodities. Issued in Washington, DC on March 3, Civilian Flight Crew and Aviation For purposes of combining positions, 2003. Ground Support Employees of one mini-sized contract would be Michael Gorham, Transcontinental and Western Air treated as equivalent to one-fifth of one Director. (TWA), Inc., Who Served Overseas as a CBT 5,000-bushel contract. Currently, [FR Doc. 03–5358 Filed 3–6–03; 8:45 am] Result of TWA’s Contract with the Air traders’ positions in MACE and CBT BILLING CODE 6351–01–M Transport Command During the Periods corn, soybean and wheat futures February 26, 1942 through August 14, contracts are subject to speculative 1945.’’ The amendment determined that position limits that are specified CONSUMER PRODUCT SAFETY the service of ‘‘pursers,’’ who were part separately for each exchange. The COMMISSION of these flight crews, shall be considered proposed rules also would specify that ‘‘active duty’’ for purposes of all laws holders of outstanding 1,000-bushel Sunshine Act; Meeting administered by the Department of warehouse depository receipts and Veterans Affairs (VA). certificates must present such receipts TIME AND DATE: Monday, March 17, To be eligible for VA benefits, and certificates to issuers in multiples of 2003, 10 a.m. ‘‘pursers,’’ who were part of the flight 5 receipts or certificates in order to LOCATION: Room 420, Bethesda Towers, crews recognized by the Secretary in receive load-out of the underlying corn, 4330 East West Highway, Bethesda, 1992, must establish each of the soybeans or wheat.1 Maryland. following: Trading of the new mini-sized STATUS: Open to the Public. 1. He or she was employed by Transcontinental and Western Air, Inc., contracts would be by open outcry. In MATTER TO BE CONSIDERED: this regard, the CBT is proposing to as part of its flight crew personnel adopt new regulation 332.11 which Petition HP 01–3 to Ban Chromated (which now includes pursers); and specifies the CBT’s requirements in Copper Arsenate (CCA)-Treated Wood 2. He or she served outside the relation to changers and changing in Playground Equipment continental United States in direct support of the Air Transport Command- transactions. The staff will brief the Commission on directed flight operations during the The CBT stated that it intends to Petition HP 01–3 submitted by the period December 14, 1941, through commence trading of the new mini- Environmental Working Group (EWG) August 14, 1945. sized corn, soybean and wheat futures and the Healthy Building Network Qualifying periods of time are contracts in the second calendar quarter (HBN), requesting that the Commission computed from the date of departure of 2003. issue a ban on use of chromated copper from the continental United States to The Division is requesting comment arsenate (CCA)-treated wood in the date of return to the continental on the proposals. Copies of the playground equipment. United States. Exchange’s proposal will be available Oral presentations by commenters for inspection at the Office of the will begin at 2 p.m. (see Federal Application Procedures Secretariat, Three Lafayette Centre, 1155 Register notice published on Friday, Before an individual can receive any 21st Street, NW., Washington 20581. February 14, 2003, Vol. 68, page 7510) VA benefits, the person must first apply Copies of the proposal can also be The meeting may continue to the next for an Armed Forces Discharge obtained through the Office of the day, March 18, 2003. Certificate (Department of Defense Form Secretariat by mail at the above address For a recorded message containing the 214) by filling out a Department of or by phone at (202) 418–5100. latest agenda information, call (301) Defense (DD) Form 2168 and sending it Other materials submitted by the CBT 504–7948. to the U.S. Air Force Personnel Center in support of the request for approval FOR FURTHER INFORMATION CONTACT: at the following address: may be available upon request pursuant Todd A. Stevenson, Office of the AFPC/DPPRP, 550 C St. West, Suite to the Freedom of Information Act (5 Secretary, 4330 East West Highway, 11, Randolph AFB, TX 78150–4713. U.S.C. 552) and the Commission’s Bethesda, MD 20207 (301) 504–7923. Important: Applicants must attach regulations thereunder (17 CFR part 145 Dated: March 4, 2003. supporting documents to their DD Form (2002)), except to the extent they are Todd A. Stevenson, 2168 application. Of primary entitled to confidential treatment as set importance will be any employment Secretary. forth in 17 CFR 145.5 and 145.9. records from TWA and flight/log books. Requests for copies of such materials [FR Doc. 03–5627 Filed 3–5–03; 2:29 pm] Other supporting documentation might should be made to the FOI, Privacy and BILLING CODE 6355–01–M include copies of passports with Sunshine Act Compliance Staff of the appropriate entries, military or civilian Office of the Secretariat at the orders posting the applicant to an Commission’s headquarters in DEPARTMENT OF DEFENSE overseas assignment, reports signed by accordance with 17 CFR 145.7 and or mentioning the work of the applicant Department of the Air Force 145.8. as part of the TWA-ATC contract flights Any person interested in submitting Active Duty Service Determinations for overseas, Army Air Force (AAF) written data, views, or arguments Civilian or Contractual Groups Pursers Identification Forms 133, any personal pertaining to the proposal or with of Transcontinental and Western Air, employment records such as respect to other materials submitted by Inc. (WWII); Application Instructions commendations regarding performance, the CBT should send such comments to for an Armed Forces Discharge employee expense reports of charges to Jean A. Webb, Secretary, Commodity Certificate ATC contracts, medical certifications Futures Trading Commission, Three prior to departure from the U.S., Army Lafayette Centre, 1155 21st Street, NW., On February 21, 2003, the Secretary of Air Force (AAF) passes to leave the Washington 20581 by the specified date. the Air Force, acting as Executive Agent limits of an overseas base, of the Secretary of Defense, amended miscellaneous AAF papers, etc. 1 The CBT indicated that the above proposed the 1992 Secretarial determination Applicants having difficulty rules codify existing MACE practices. concerning the group known as: ‘‘U.S. establishing all of the eligibility criteria

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mentioned above should recognize the DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE nature and character of documents addressing each criterion need not be Department of the Air Force Department of the Army; Corps of the same. For example, an applicant Engineers Active Duty Service Determinations for may establish employment with TWA Civilian or Contractual Groups Availability of the Final Supplemental through official employment records, Environmental Impact Statement for but find that proving assignment to an On February 21, 2003, the Secretary of the Missouri River Fish and Wildlife ATC contract crew outside the the Air Force, acting as Executive Agent Mitigation Project Located on the continental United States more difficult. of the Secretary of Defense, determined Missouri River from Sioux City, IA to In such a case, an applicant may be able that the service of the group known as the Mouth Near St. Louis, MO in the to prove assignment and service at that the ‘‘Uniformed Aviation Industry States of Iowa, Nebraska, Kansas, and location through other evidence, such Contract Technical Specialists Assigned Missouri as, dated, postmarked (or other sign of to Extended Duty at Ladd Field, Alaska, authenticity) correspondence (official or to Test Army Air Force Airplanes as AGENCY: Department of the Army. U.S. personal) to or from the applicant at that Part of the Cold Weather Testing Army Corps of Engineers, DoD. assignment outside the United States. Detachment from February 1, 1942, ACTION: Notice of availability. through February 22, 1944’’ shall not be Upon confirmation of an applicant’s SUMMARY: considered ‘‘active duty’’ for purposes This announces the eligibility, the DD Form 214 will be of all laws administered by the availability of the Final Supplemental passed from AFPC/DPPRP to the Department of Veterans Affairs (VA). Environmental Impact Statement Awards and Decorations office to (FSEIS) for the Missouri River Fish and For further information contact Mr. determine which ribbons the applicant Wildlife Mitigation Project located on James D. Johnston at the Secretary of the the Missouri River in the states of Iowa, is eligible to receive (campaign ribbons, Air Force Personnel Council (SAFPC); theater ribbons, victory medal, etc.). Nebraska, Kansas, and Missouri. The 1535 Command Drive, EE Wing, 3d Fl., Mitigation Project was first authorized Specific awards (i.e., Silver Star, Purple Andrews AFB, MD 20762–7002. Heart, etc.) need separate justification by the Water Resources Development detailing the act, achievement, or Pamela D. Fitzgerald, Act (WRDA) of 1986, which included service believed to warrant the Air Force Federal Register Liaison Officer. the development of 48,100 acres of appropriate medal/ribbon. [FR Doc. 03–5439 Filed 3–6–03; 8:45 am] aquatic and terrestrial habitat for fish BILLING CODE 5001–05–P and wildlife along the 735 miles of the DD Forms 2168 are available from VA Missouri River between Sioux City, IA offices or from the U.S. Air Force offices and St. Louis, MO. The WRDA of 1999 in this notice. An electronic version is DEPARTMENT OF DEFENSE modified the Mitigation Project by also available in Adobe Acrobat (the increasing the amount of habitat reader is free) on the Internet at Department of the Army development by 118,650 acres to a total ‘‘DefenseLINK, publications.’’ of 166,750 acres. The FSEIS assesses the Availability of Non-Exclusive, For further information contact Mr. potential environmental impacts of the Exclusive License or Partially James D. Johnston at the Secretary of the modified Mitigation Project, which Exclusive Licensing of U.S. Patent Air Force Personnel Council (SAFPC), includes the development, restoration, Concerning Rough Terrain Cargo or enhancement of fish and wildlife 1535 Command Drive, EE Wing, 3d Fl., Parachute Assembly Andrews AFB, MD 20762–7002. habitat on an additional 118,650 acres on individual sites purchased from AGENCY: Department of the Army, DoD. Benefit Information willing sellers and through easements. ACTION: Notice. The purpose of the Mitigation Project is A determination of ‘‘active duty’’ to restore fish and wildlife habitat losses under Public Law 95–202 is ‘‘for the SUMMARY: In accordance with 37 CFR resulting from the construction an purposes of all laws administered by the 404.6, announcement is made of the development of the Missouri River Bank Department of Veterans Affairs’’ (Sec. availability for licensing of U.S. Patent Stabilization and Navigation Project 106, 38 U.S.C.). Benefits are not No. US 6,520,453 B1 entitled ‘‘Rough (BSNP). Seven alternatives are retroactive and do not include such Terrain Cargo Parachute Assembly’’ considered in the FSEIS and three things as increased military or Federal issued February 18, 2003. This patent alternatives are analyzed in detail Civil Service retirement pay, or a has been assigned to the United States including a Preferred Action, No military burial detail, for example. Government as represented by the Development alternative, and No Action Entitlement to state veteran’s benefits Secretary of the Army. alternative. varies and is governed by each state. FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT: Mr. Therefore, for specific benefits Robert Rosenkrans at U.S. Army Soldier Kelly Ryan, Civil Works Branch ATTN: information, contact your nearest and Biological Chemical Command, CENWK–PM–CJ, U.S. Army Engineer Veterans Affairs Office and your state Kansas Street, Natick, MA 01760, District, Kansas City, 601 East 12th veterans service office after you have Phone: (508) 233–4928 or E-mail: Street, Kansas City, MO, 64106–2896, received your Armed Forces discharge [email protected]. Phone: 816–983–3324. documents. SUPPLEMENTARY INFORMATION: Any SUPPLEMENTARY INFORMATION: 1. The licenses granted shall comply with 35 U.S. Fish and Wildlife Service, U.S. Pamela D. Fitzgerald, U.S.C. 209 and 37 CFR part 404. Environmental Protection Agency, Iowa Air Force Federal Register Liaison Officer. Department of Natural Resources, [FR Doc. 03–5440 Filed 3–6–03; 8:45 am] Luz D. Ortiz, Kansas Department of Wildlife and BILLING CODE 5001–05–P Army Federal Register Liaison Officer. Parks, Nebraska Game and Parks [FR Doc. 03–5485 Filed 3–6–03; 8:45 am] Commission, and the Missouri BILLING CODE 3710–08–M Department of Conservation are serving

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as cooperating agencies on the r. Onawa Public Library, 707 Iowa cooperative effort between the Corps preparation of the FSEIS. Avenue, Onawa, IA 51040. and the South Florida Water 2. Three alternatives are considered in s. Oregon Public Library, 103 S. Management District (SFWMD), which detail in the FSEIS: Washington Street, Oregon, MO 64473. is also a cooperating agency for this a. The Preferred Action alternative t. Plattsmouth Public Library, 401 DEIS. One of the recommendations of includes the development, restoration, Avenue A, Plattsmouth, NE 68048. the final report of the Central & South or enhancement of fish and wildlife u. River Bluffs Regional Library, 927 Florida (C&SF) Comprehensive Review habitat on an additional 118,650 acres Felix St., St. Joseph, MO 64501. Study (Restudy) was the on individual sites purchased from v. St. Charles Library, 2323 Elm implementation of the Biscayne Bay willing sellers and through easements. Street, St. Charles, MO 63301–1440. Coastal Wetlands Project. The purpose Included in the 118,650 acres would be w. St. Louis Public Library, 5850 N. of this project is to rehydrate wetlands the construction or restoration of Hanley Road, St. Louis, MO 63134. and reduce point source discharge to approximately 7,000 to 20,000 acres of x. Scenic Regional Library, 113 E. 4th Biscayne Bay. This study is intended to shallow water habitat to achieve a goal Street, Hermann, MO 65041–1129. replace lost overland flow and partially of 20–30 acres per mile along the 735– y. Scenic Regional Library, 912 S. compensate for the reduction in mile BSNP. Highway 47, Warrenton, MO 63383– groundwater seepage by redistributing, b. The No Development alternative 2004. through a spreader system, available includes the acquisition of 118,650 z. Sidney Public Library, 604 Clay surface water entering the area from acres on individual sites purchased Street, Sidney, IA 51652. regional canals. This project is a from willing sellers or through aa. Sioux City Public Library, 529 component of the Comprehensive easements, however, there would be no Pierce Street, Sioux City, IA 51101– Everglades Restoration Plan, a multi- subsequent habitat development or 1203. year effort to restore the greater construction activities. bb. Thomas Jefferson Library, 214 Everglades ecosystem while providing c. The No Action alternative would Adams St., Jefferson City, MO 65101. water supply and other water-related not develop, restore, or enhance any cc. Washington Public Library, 415 benefits to South Florida over many additional acres for fish and wildlife Jefferson Street, Washington, MO decades. habitat except for that previously 63090–2607. FOR FURTHER INFORMATION CONTACT: Mr. authorized under WRDA of 1986 or that dd. Walthill Public Library, Main Brad Tarr, U.S. Army Corps of of other state or Federal programs. Street, Walthill, NE 68067. Engineers, Planning Division, 3. Copies of the FSEIS are available ee. W. Dale Clark Library, 215 S. 15th Environmental Branch, P.O. Box 4970, for review in the following libraries: Street, Omaha, NE 68102–1004. a. Atchison Library, 401 Kansas 4. The FSEIS is also available for Jacksonville, FL, 32232–0019, by email Avenue, Atchison, KS 66002. review on the Missouri River Fish and [email protected], or by b. Atchison County Library, 200 S. Wildlife Mitigation Project Web site at: telephone at 904–232–3582. Main St., Rock Port, MO 64482–1532. http://www.nwk.usace.army.mil/ SUPPLEMENTARY INFORMATION: c. Blair Public Library, 210 S. 17th projects/mitigation/supplemental- a. Authorization: The authority for Street, Blair, NE 68008. eis.htm. this project is contained within the d. Boonslick Regional Library, 618 5. The Record of Decision (ROD) will Water Resources Development Act Main Street, Boonville, MO 65233– be issued no sooner than 30 days after (WRDA) 2000. The ‘‘Design Agreement 1572. publication of the notice of availability between the Department of the Army e. Callaway County Public Library, in the Federal Register by the U.S. and the SFWMD for the Design of 710 Court Street, Fulton, MO 65251. Environmental Protection Agency. Elements of the Comprehensive Plan for f. Carrollton Public Library, 206 W. the Everglades and South Florida Luz D. Ortiz, Washington, Carrollton, MO 64633. Ecosystem Restoration Project’’ contains g. Council Bluffs Public Library, 400 Army Federal Register Liaison Officer. additional guidance. Willow Ave., Council Bluffs, IA 51503– [FR Doc. 03–5484 Filed 3–6–03; 8:45 am] b. Study Area: The general 4269. BILLING CODE 3710–KN–M geographical extent of the project is h. Daniel Boone Regional Library, 100 along the mainland coast of southern W. Broadway, Columbia, MO 65201. Biscayne Bay from the Deering Estate, i. Dakota City Public Library, 1708 DEPARTMENT OF DEFENSE south to the Florida Power and Light Broadway, Dakota City, NE 68731. Turkey Point Power Plant, generally Department of the Army, Corps of j. Fayette Public Library, 201 South along the L–3E canal in Miami-Dade Engineers Main Street, Fayette, MO 65248. County, Florida. The study area will k. Keytesville Library, 406 W. Bridge Intent To Prepare a Draft extend further west and south, as Street, Keytesville, MO 65261–1016. Environmental Impact Statement for needed, to evaluate project effects. c. Project Scope: The Biscayne Bay l. Leavenworth Public Library, 417 the Biscayne Bay Coastal Wetlands Coastal Wetlands project may include Spruce, Leavenworth, KS 66048. Project m. Lewis Library of Glasgow, 315 the installation or construction of pump Market Street, Glasgow, MO 65254– AGENCY: Department of the Army, U.S. stations, spreader swales, stormwater 2395. Army Corps of Engineers, DoD. treatment areas, flowways, levees, n. Lexington Library, 1008 Main ACTION: Notice of intent. culverts, and backfilling canals as part Street, Lexington, MO 64067–1345. of an effort to rehydrate wetlands and o. Lydia Bruun Woods Memorial SUMMARY: The U.S. Army Corps of reduce point source discharge to Library, 120 E. 18th Street, Falls City, Engineers (Corps), Jacksonville District Biscayne Bay. NE 68355. intends to prepare an integrated Project The purpose of these features is to p. Mid-Continent Public Library, 100 Implementation Report/Draft replace lost overland flow and partially Kent Street, Liberty, MO 64068–2256. Environmental Impact Statement (PIR/ compensate for the reduction in q. Morton-James Public Library, 923 DEIS) for the Biscayne Bay Coastal groundwater seepage by redistributing, First Corso, Nebraska City, NE 68410. Wetlands Project. The study is a through a spreader system, available

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surface water entering the area from DEPARTMENT OF ENERGY C. Major Topics regional canals. The proposed 1. Redesign of the EIA–906 redistribution of freshwater flow across Energy Information Administration 2. Using Data from Combined Heat a broad front is expected to restore or and Power Plants to Estimate enhance freshwater wetlands, tidal American Statistical Association Natural Gas Industrial Prices (Room wetlands, and nearshore bay habitat. Committee on Energy Statistics 5E–069) The study will evaluate alternatives AGENCY: Department of Energy. 3. ASA Committee Suggestions for the based on their ability to improve water ACTION: Notice of open meeting. Fall, 2003 Meeting deliveries to the natural system, protect 4. Public Questions and Comments and conserve water resources, protect or SUMMARY: This notice announces a D. Closing Remarks by the Chair restore fish and wildlife and their meeting of the American Statistical Public Participation: The meeting is associated habitat, restore and manage Association Committee on Energy open to the public. The Chair of the wetland and associated upland Statistics, a utilized Federal Advisory Committee is empowered to conduct the ecosystems, sustain economic and Committee. The Federal Advisory meeting in a fashion that will facilitate natural resources, improve water Committee Act (Public Law 92–463, 86 the orderly conduct of business. Written quality, and other performance criteria Stat. 770) requires that public notice of statements may be filed with the being developed by the Project Delivery these meetings be announced in the committee either before or after the Team. Federal Register. meeting. If there are any questions, d. Preliminary Alternatives: DATES: Thursday, April 3, 2003, 8:30 please contact Mr. William I. Weinig, Additional alternatives will be drafted a.m.–4:30 p.m.,Friday, April 4, 2003, EIA Committee Liaison, at the address which may be revised pending model 8:30 a.m.–12 noon. or telephone number listed above. results and public feedback. ADDRESSES: U.S. Department of Energy, Minutes: A Meeting Summary and The Environmental Impact Statement Room 8E–089, 1000 Independence Ave., Transcript will subsequently be (EIS) for the project will include an SW., Washington, DC 20585. available through Mr. Weinig who may evaluation of adverse environmental FOR FURTHER INFORMATION CONTACT: Mr. be contacted at (202) 287–1709 or by e- impacts, including but not limited to, William I. Weinig, EI–70, Committee mail at [email protected]. water quality, socio-economic, Liaison, Energy Information Issued at Washington, DC on March 3, archaeological and biological. In Administration, U.S. Department of 2003. addition to adverse impacts, the Energy, 1000 Independence Ave., SW., Rachel M. Samuel, evaluation will also focus on how well Washington, DC 20585, Telephone: Deputy Advisory Committee, Management the plans perform with regard to (202) 287–1709. Alternately, Mr. Weinig Officer. specific performance measures. may be contacted by e-mail at [FR Doc. 03–5406 Filed 3–6–03; 8:45 am] e. Issues: The EIS will address the [email protected] or by FAX BILLING CODE 6450–01–P impacts concerning freshwater overland at (202) 287–1705. flow into Biscayne Bay; and water Purpose of the Committee: To advise quality, particularly in the estuaries and the Department of Energy, Energy DEPARTMENT OF ENERGY receiving waters of Biscayne Bay and Information Administration (EIA), on the reef tract. EIA technical statistical issues and to Environmental Management Site- Specific Advisory Board, Savannah The EIS will also address enable the EIA to benefit from the River environmental issues, such as: Flood Committee’s experience concerning other energy-related statistical matters. protection; aesthetics and recreation; AGENCY: Department of Energy. fish and wildlife resources, including Tentative Agenda ACTION: Notice of open meeting. protected species; cultural resources; Thursday, April 3, 2003 and other impacts identified through SUMMARY: This notice announces a A. Opening Remarks by the ASA scoping, public involvement, and meeting of the Environmental Committee Chair, the EIA interagency coordination. Management Site-Specific Advisory Administrator and the Director, Board (EM SSAB), Savannah River. The f. Scoping: A scoping letter and public Statistics and Methods Group, EIA. Federal Advisory Committee Act (Pub. workshops will be used to invite Room 8E–089. comments on alternatives and issues B. Major Topics (Room 8E–089 unless L. 92–463, 86 Stat. 770) requires that from Federal, State, and local agencies, otherwise noted) public notice of these meetings be affected Indian tribes, and other 1. EIA’s Survey Quality Effort: Where announced in the Federal Register. interested private organizations and is EIA Going? DATES: Monday, March 24, 2003, 1 individuals. A. Overview of EIA’s Survey Quality p.m.–7 p.m., Tuesday, March 25, 2003, Public meetings will be held over the Initiatives 8:30 a.m.–4 p.m. course of the study; the exact location, B. Survey Quality Efforts of the Office ADDRESSES: Augusta Sheraton Hotel, dates, and times will be announced in of Coal, Nuclear, Electric and 2651 Perimeter Parkway, Augusta, GA public notices and local newspapers. Alternate Fuels 30909. g. DEIS Preparation: The integrated C. Survey Quality via Performance- FOR FURTHER INFORMATION CONTACT: draft PIR, which will include a draft Based Service Contracting Gerri Flemming, Science Technology & EIS, is currently scheduled for 2. New Confidentiality Law and EIA’s Management Division, Department of publication in July 2005. Response 3. An Alternative Natural Gas Energy Savannah River Operations Dated: February 21, 2003. Production Estimation Procedure Office, P.O. Box A, Aiken, SC, 29802; James C. Duck, 4. EIA’s (Draft) Electricity Phone: (803) 725–5374. Chief, Planning Division. Transmission Study (Room 5E–069) SUPPLEMENTARY INFORMATION: [FR Doc. 03–5486 Filed 3–6–03; 8:45 am] 5. Public Questions and Comments Purpose of the Board: The purpose of BILLING CODE 3710–AJ–M Friday, April 4, 2003, Room 8E–089 the Board is to make recommendations

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to DOE and its regulators in the areas of Friday, except Federal holidays. The refund effective date will be 60 environmental restoration, waste Minutes will also be available by days after publication of this notice in management, and related activities. writing to Gerri Fleming, Department of the Federal Register. Energy, Savannah River Operations Tentative Agenda Magalie R. Salas, Office, PO Box A, Aiken, SC, 29802, or Monday, March 24, 2003 by calling her at (803) 725–5374. Secretary. [FR Doc. 03–5376 Filed 3–6–03; 8:45 am] 1 p.m. Combined Committee Session Issued in Washington, DC on March 3, 5:30 p.m. Executive Committee 2003. BILLING CODE 6717–01–P Meeting Rachel M. Samuel, 6:30 p.m. Public Comment Session Deputy Advisory Committee Management DEPARTMENT OF ENERGY 7 p.m. Adjourn Officer. Tuesday, March 25, 2003 [FR Doc. 03–5407 Filed 3–6–03; 8:45 am] Federal Energy Regulatory BILLING CODE 6450–01–P Commission 8:30–9:30 a.m. Approval of Minutes; Agency Updates; Department of Energy Realignment; Public Comment [Docket Nos. CP02–396–000 and PF01–1– DEPARTMENT OF ENERGY 000] Session; Facilitator Update; Transuranic Waste Workshop Federal Energy Regulatory Greenbrier Pipeline Company, LLC; Recommendations Commission Notice of Availability of the Final 9:30–10:30 a.m. Long-Term Environmental Impact Statement for Stewardship Committee Report [Docket Nos. EL03–47–000, QF90–203–004, the Proposed Greenbrier Pipeline 10:30–11:45 a.m. Strategic Initiatives and QF89–251–008] Project Committee 11:45–12 a.m. Public Comments Investigation of Certain Enron- February 28, 2003. 12 noon Lunch Break Affiliated QFs, Saguaro Power The staff of the Federal Energy 1–2:00 p.m. Waste Management Company, Las Vegas Cogeneration Regulatory Commission (FERC or Committee Report Limited Partnership; Notice of Commission) has prepared this final 2–2:30 p.m. Administrative Committee Initiation of Proceeding and Comment environmental impact statement (FEIS) Report Filing Date Bylaws Amendment Proposal on the natural gas pipeline facilities (the Greenbrier Pipeline Project) proposed Board Member Removal February 28, 2003. Consideration by Greenbrier Pipeline Company, LLC Take notice that on February 24, 2003, (GPC) in the above-referenced dockets. Special Membership Election the Commission issued an Order 2:30–3 p.m. Environmental The application and other supplemental Initiating Investigation and Establishing Restoration Committee filings in these dockets are available for 3–3:45 p.m. Nuclear Materials Hearing Procedures in Docket Nos. viewing on the FERC Internet Web site Committee Report EL03–47–000, QF90–203–004 and (http://www.ferc.gov). Click on the 3:45–4 p.m. Public Comments QF89–251–008. ‘‘FERRIS’’ link, select ‘‘General Search,’’ 4 p.m. Adjourn By this notice, the Commission then ‘‘Docket #’’ on the menu, and establishes that the date for the filing of If needed, time will be allotted after follow the instructions. motions to intervene, comments, and public comments for items added to the The FEIS was prepared to satisfy the protests is March 17, 2003. agenda, and administrative details. A requirements of the National final agenda will be available at the Magalie R. Salas, Environmental Policy Act (NEPA). The meeting Monday, March 24, 2003. Secretary. staff concludes that approval of the Public Participation: The meeting is [FR Doc. 03–5375 Filed 3–6–03; 8:45 am] proposed project with appropriate mitigating measures, as recommended, open to the public. Written statements BILLING CODE 6717–01–P may be filed with the Board either would result in some adverse before or after the meeting. Individuals environmental impacts. The FEIS who wish to make the oral statements DEPARTMENT OF ENERGY evaluates alternatives to the proposal, pertaining to agenda items should including system alternatives, route contact Gerri Flemming’s office at the Federal Energy Regulatory alternatives, and route variations. address or telephone listed above. Commission The purpose of the project is to create Requests must be received five days gas supply diversity and to meet a prior to the meeting and reasonable [Docket Nos. ER03–119–000, ER03–120– portion of the growing energy market in provision will be made to include the 000, ER03–121–000, ER03–122–000, ER03– the South Atlantic region. The project presentation in the agenda. The 123–000, ER03–124–000, ER03–125–000, would be designed to meet a variety of Designated Federal Officer is ER03–126–000, ER03–127–000, ER03–128– anticipated loads, including the growth empowered to conduct the meeting in a 000, ER03–129–000, ER03–130–000, ER03– of two local distribution companies, fashion that will facilitate the orderly 131–000, ER03–135–000, ER03–136–000, four natural gas-fired electric generation and EL03–46–000] conduct of business. Each individual plants, and a natural gas marketer. The wishing to make public comment will Southern Company Services, Inc.; project is fully subscribed and would be provided equal time to present their Notice of Initiation of Proceeding and transport up to 600,000 decatherms per comments. Refund Effective Date day of natural gas. Minutes: The minutes of this meeting The proposed pipeline would extend will be available for public review and February 28, 2003. from east of Clendenin, Kanawha copying at the Freedom of Information Take notice that on January 31, 2003, County, West Virginia, through West Public Reading Room, 1E–190, Forrestal the Commission issued an order in the Virginia, southwestern Virginia, and Building, 1000 Independence Avenue, above-indicated dockets initiating a North Carolina to its terminus near SW., Washington, DC 20585, between 9 proceeding under section 206 of the Stem, in Granville County, North a.m. and 4 p.m., Monday through Federal Power Act. Carolina. It would consist of 275.6 miles

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of mainline and three laterals totaling decision may be made at the same time and Franklin Counties, Pennsylvania.1 3.8 miles. The project would also the notice of the FEIS is published, Dominion’s facilities would consist of construct 2 compressor stations, 3 meter allowing both periods to run 39,200 horsepower (hp) of new stations, 18 stand alone block valves concurrently. The Commission decision compression. Texas Eastern’s facilities (additional block valves would be for this proposed action is subject to a would consist of about 34.64 miles of collocated at other aboveground facility 30-day rehearing period. 36-inch-diameter pipeline looping. This sites), and appurtenant facilities, and Additional information about the EA will be used by the Commission in about 212 access roads. Mainline DG–1 proposed project is available from the its decision-making process to would extend from the proposed Elk Commission’s Office of External Affairs, determine whether the Projects are in River Compressor Station adjacent to at 1–866–208–3372 or on the FERC the public convenience and necessity. Dominion Transmission, Inc.’’s existing Internet Web site (www.ferc.gov), using If you are a landowner receiving this Cornwell Compressor Station to the the ‘‘FERRIS’’ link to information in this notice, you may be contacted by a proposed Public Service Company of docket number. Click on the ‘‘FERRIS’’ pipeline company representative about North Carolina, Inc., a South Carolina link, select ‘‘General Search’’ from the the acquisition of an easement to Corporation’s compressor station near menu, and follow the instructions. For construct, operate, and maintain the Stem, North Carolina. DG–1 would assistance, please contact FERC Online proposed facilities. The pipeline include 20-, 24-, and 30-inch-diameter Support at company would seek to negotiate a pipeline. Lateral DG–2 would consist of [email protected] or toll mutually acceptable agreement. 12-inch-diameter pipeline that extends free at 1–866–208–3676 or for TYY However, if the Projects are approved by from DG–1 to the proposed Somerset contact 1–202–502–8659. The FERRIS the Commission, that approval conveys Meter Station near Roxboro, North link on the FERC Internet Web site also with it the right of eminent domain. Carolina. Lateral DG–3 would consist of provides access to the texts of formal Therefore, if easement negotiations fail 10-inch-diameter pipeline that extends documents issued by the Commission, to produce an agreement, the from the end of DG–1 to the proposed such as orders, notices, and appropriate pipeline company could Mountain Creek Meter Station near rulemakings. initiate condemnation proceedings in Butner, North Carolina. Lateral DG–4 accordance with State law. Magalie R. Salas, would consist of 30-inch-diameter A fact sheet prepared by the FERC pipeline that would interconnect the Secretary. entitled ‘‘An Interstate Natural Gas proposed Transco Meter Station and the [FR Doc. 03–5373 Filed 3–6–03; 8:45 am] Facility On My Land? What Do I Need proposed Eden Compressor Station in BILLING CODE 6717–01–P To Know?’’ was attached to each Rockingham County, North Carolina. project’s notice Dominion or Texas The FEIS has been placed in the Eastern provided to landowners. This public files of the FERC and is available DEPARTMENT OF ENERGY fact sheet addresses a number of for distribution and public inspection typically asked questions, including the at: Federal Energy Regulatory Federal Energy Regulatory Commission use of eminent domain and how to Commission, Public Reference and Files participate in the Commission’s Maintenance Branch, 888 First Street, proceedings. It is available for viewing NE., Room 2A, Washington, DC 20426, [Docket Nos. CP03–41–000 and CP03–43– on the FERC Internet Web site (http:// 000] (202) 502–8371. E-mail: www.ferc.gov). [email protected]. A limited number of copies are Dominion Transmission, Inc., Texas Summary of the Proposed Projects Eastern Transmission, LP; Notice of available from the Public Reference and Dominion wants to expand the Files Maintenance Branch identified Intent To Prepare an Environmental capacity of its facilities in Virginia, West above. In addition, copies of the FEIS Assessment for the Proposed Mid- Virginia, and Pennsylvania to transport have been mailed to Federal, State, and Atlantic Expansion Project and an additional 223,000 dekatherms per local government agencies; elected Dominion Expansion Project and day (Dth/d) of gas to fulfill requests for officials, environmental and public Request for Comments on service to end users in Virginia. To interest groups; affected landowners Environmental Issues transport this gas to Dominion, Texas who requested a copy of the FEIS; February 28, 2003. Eastern proposes to construct facilities Native American tribes that might attach in Pennsylvania. religious and cultural significance to The staff of the Federal Energy Dominion seeks authority to construct historic properties in the area of Regulatory Commission (FERC or Commission) will prepare an and operate: potential effect; local libraries and • newspapers; and the Commission’s list environmental assessment (EA) that will The new Mockingbird Hill of parties to this proceeding. discuss the environmental impacts of Compressor Station which would In accordance with the Council on the Mid-Atlantic Expansion and include one 5,000-hp gas-fired Environmental Quality (CEQ) Dominion Expansion Projects compressor and related facilities near regulations implementing the National (collectively referred to as the Projects) Pine Grove, Wetzel County, West Environmental Policy Act, no agency involving construction and operation of Virginia; • decision on a proposed action may be facilities by Dominion Transmission, Additional compression at the made until 30 days after the U.S. Inc. (Dominion) and Texas Eastern existing Crayne Compressor Station in Environmental Protection Agency Transmission, LP (Texas Eastern). Greene County, Pennsylvania, including publishes a notice of availability of the Dominion would construct facilities in replacement of a 5,500-hp unit with a FEIS. However, the CEQ regulations Wetzel County, West Virginia; Greene 7,800-hp gas-fired compressor, and provide an exception to this rule when and Franklin Counties, Pennsylvania; upgrading an existing 6,500-hp unit to an agency decision is subject to a formal and Loudoun and Fauquier Counties, Virginia. The facilities that would be 1 Dominion’s and Texas Eastern’s applications internal process which allows other were filed with the Commission under section 7 of agencies or the public to make their constructed by Texas Eastern would be the Natural Gas Act and part 157 of the views known. In such cases, the agency in Greene, Fayette, Somerset, Fulton, Commission’s regulations.

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7,800-hp resulting in an increase of footprint. However, about 0.03 acre To ensure your comments are 3,600-hp at the station; would be required for access roads. considered, please carefully follow the • An upgrade of the existing Crayne Following construction, all of the instructions in the public participation Compressor Station measuring and affected land would be restored and section beginning on page 6. regulating (M&R) station; allowed to revert to its former use. • Two additional 7,800-hp gas-fired Currently Identified Environmental The EA Process compressors and a 1,200-hp upgrade of Issues the existing electric-motor driven The National Environmental Policy We have already identified several compressors at the existing Act (NEPA) requires the Commission to issues that we think deserve attention Chambersburg Compressor Station in take into account the environmental based on a preliminary review of the Franklin County, Pennsylvania, for a impacts that could result from an action proposed facilities and the total increase of 16,800-hp; whenever it considers the issuance of a environmental information provided by • One 7,800-hp gas-fired compressor Certificate of Public Convenience and Dominion and Texas Eastern. This and related facilities at the existing Necessity. NEPA also requires us 2 to preliminary list of issues may be Leesburg Compressor Station in discover and address concerns the changed based on your comments and Loudoun County, Virginia; and public may have about proposals. This our analysis. • The new Quantico Compressor process is referred to as ‘‘scoping’’. The • The addition of 39,200-hp at five Station which would include one 6,000- main goal of the scoping process is to compressor stations would have impacts hp gas-fired compressor and related focus the analysis in the EA on the on air and noise quality. facilities near Nokesville and Manassas, important environmental issues. By this • Two new compressor stations Fauquier County, Virginia. notice of intent, the Commission would be constructed creating new Dominion proposes to have these requests public comments on the scope visual impacts. facilities in service by November 30, of the issues it will address in the EA. • About 623 acres of land would be 2004. All comments received are considered temporarily disturbed for pipeline Texas Eastern seeks authority to during the preparation of the EA. State construction. construct and operate: and local government representatives • Forty-nine waterbodies would be • About 10.5 miles of 36-inch- are encouraged to notify their crossed by pipeline construction or by diameter pipeline in Greene County, constituents of this proposed action and access roads. Pennsylvania, the Waynesburg encourage them to comment on their • Pipeline construction would cross Discharge Segment 1; areas of concern. the watersheds of the Monongahela, • About 3.5 miles of 36-inch-diameter The EA will discuss impacts that Youghiogheny, Juniata, and Potomac pipeline in Fayette County, could occur as a result of the Rivers in Pennsylvania. Pennsylvania, the Waynesburg construction and operation of the • One public water supply intake, 12 Discharge Segment 2; proposed project under these general public water supply wells, and seven • About 12.5 miles of 36-inch- headings: public water supply springs would be diameter pipeline in Somerset County, • Geology and soils located within 1 mile of the Projects. Pennsylvania, the Uniontown Discharge • Land use • Ten private water supply wells • Segment; Water resources, fisheries, and have been identified within 150 feet of • About 8.1 miles of 36-inch-diameter wetlands • construction work areas. pipeline in Fulton and Franklin Cultural resources • Pipeline construction would cross • Vegetation and wildlife Counties, Pennsylvania; and • three Wild Trout Streams and six • A change out of the aerodynamic Air quality and noise • Endangered and threatened species Approved Trout Waters as defined by assembly on the existing 11,000-hp • Hazardous waste the Pennsylvania Department of electric-motor driven compressor at the • Public safety Environmental Protection. Uniontown Compressor Station in We will also evaluate possible • Cultural resources may be affected Fayette County, Pennsylvania. alternatives to the proposed project or by the Projects. • Texas Eastern proposes to have its portions of the project, and make Blasting may be required for facilities in service by November 1, recommendations on how to lessen or construction. • 2004. avoid impacts on the various resource Some areas with karst terrain would No nonjurisdicitonal facilities would areas. be crossed. • be constructed. Our independent analysis of the About 1.9 acres of prime farmland The locations of the project facilities issues will be in the EA. Depending on soil would be permanently affected by are shown in appendix 1.2 the comments received during the construction of aboveground facilities. • Fourteen residences would be Land Requirements for Construction scoping process, the EA may be published and mailed to Federal, State, within 50 feet of construction work Construction of Dominion’s proposed and local agencies, public interest areas. • facilities would require about 18.2 acres groups, interested individuals, affected Pipeline construction would cross of land, all but 7.4 acres of this landowners, newspapers, libraries, and the Tuscarora Trail and Buchanan State disturbance would be on land Dominion the Commission’s official service list for Forest. • already owns. Construction of Texas this proceeding. A comment period will About 1.66 acres of forested Eastern’s proposed facilities would be allotted for review if the EA is wetland and 0.71 acre of agricultural require about 623.2 acres. No new published. We will consider all wetland would be permanently affected permanent right-of-way would be comments on the EA before we make by construction of the Quantico required because all of Texas Eastern’s our recommendations to the Compressor Station. new facilities would be located within Commission. an existing pipeline right-of-way. Public Participation Pipeline construction would generally 2 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the You can make a difference by consist of removing an existing pipeline environmental staff of the Office of Energy Projects providing us with your specific and relaying new pipeline in the same (OEP). comments or concerns about the project.

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By becoming a commentor, your file a motion to intervene according to DEPARTMENT OF ENERGY concerns will be addressed in the EA rule 214 of the Commission’s rules of and considered by the Commission. You practice and procedure (18 CFR Federal Energy Regulatory should focus on the potential 385.214) (see appendix 2).3 Only Commission environmental effects of the proposal, Interveners have the right to seek Notice of Application Accepted for alternatives to the proposal (including rehearing of the Commission’s decision. alternative locations/routes), and Filing and Soliciting Motions To measures to avoid or lessen Affected landowners and parties with Intervene, Protests, and Comments environmental concerns may be granted environmental impact. The more February 28, 2003. specific your comments, the more useful Intervener status upon showing good Take notice that the following they will be. Please carefully follow cause by stating that they have a clear hydroelectric application has been filed these instructions to ensure that your and direct interest in this proceeding with the Commission and is available comments are received in time and which would not be adequately for public inspection: properly recorded: represented by any other parties. You do • Send an original and two copies of not need Intervener status to have your a. Type of Application: Preliminary permit. your letter to: Magalie R. Salas, environmental comments considered. b. Project No.: 12313–000. Secretary, Federal Energy Regulatory c. Date filed: July 23, 2002. Commission, 888 First St., NE., Room Environmental Mailing List d. Applicant: Universal Electric 1A, Washington, DC 20426. This notice is being sent to • Label one copy of the comments for Power Corp. individuals, organizations, and the attention of Gas Branch 2. e. Name and Location of Project: The • Reference Docket Nos. CP03–41– government entities interested in and/or Newburgh L&D Hydroelectric Project 000 and CP03–43–000. potentially affected by the proposed would be located on the Ohio River in • Mail your comments so that they project. It is also being sent to all Henderson County, Kentucky. The will be received in Washington, DC on identified potential right-of-way project would occupy lands or before March 31, 2003. grantors. By this notice we are also administered by the U.S. Army Corps of Please note that we are continuing to asking governmental agencies, Engineers. experience delays in mail deliveries especially those in appendix 3, to f. Filed Pursuant to: Federal Power from the U.S. Postal Service. As a result, express their interest in becoming Act, 16 U.S.C. 791(a)–825(r). we will include all comments that we cooperating agencies for the preparation g. Applicant Contact: Mr. Raymond receive within a reasonable time frame of the EA. Helter, Universal Electric Power in our environmental analysis of this Corporation, 1145 Highbrook Street, project. However, the Commission Additional Information Akron, OH 44301, (330) 535–7115. strongly encourages electronic filing of h. FERC Contact: Elizabeth Jones Additional information about the (202) 502–8246. any comments or interventions or project is available from the protests to this proceeding. See18 CFR i. Deadline for filing comments, Commission’s Office of External Affairs, 385.2001(a)(1)(iii) and the instructions protests, and motions to intervene: 60 at 1–866–208–FERC or on the FERC on the Commission’s Web site at days from the issuance date of this http://www.ferc.gov under the ‘‘e- Internet Web site (http:// notice. Filing’’ link and the link to the User’s www.ferc.gov)using the FERRIS link. The Commission’s rules of practice Guide. Before you can file comments Click on the FERRIS link, enter the and procedure require all interveners you will need to create a free account docket number excluding the last three filing documents with the Commission which can be created by clicking on digits in the Docket Number field. Be to serve a copy of that document on ‘‘Login to File’’ and then ‘‘New User sure you have selected an appropriate each person in the official service list Account.’’ date range. For assistance with FERRIS, for the project. Further, if an intervener We may mail the EA for comment. If the FERRIS helpline can be reached at files comments or documents with the you are interested in receiving it, please 1–866–208–3676, TTY (202) 502–8659, Commission relating to the merits of an return the Information Request or at [email protected]. The issue that may affect the responsibilities (appendix 4). If you do not return the FERRIS link on the FERC Internet Web of a particular resource agency, they Information Request, you will be taken site also provides access to the texts of must also serve a copy of the document off the mailing list. formal documents issued by the on that resource agency. j. Description of Project: The proposed Becoming an Intervener Commission, such as orders, notices, and rulemakings. run-of-river project would utilize the In addition to involvement in the EA Corps’ existing Newburgh Lock and scoping process, you may want to Magalie R. Salas, Dam and would consist of: (1) Eight become an official party to the Secretary. proposed 120-inch steel penstocks proceeding known as an ‘‘Intervener’’. [FR Doc. 03–5374 Filed 3–6–03; 8:45 am] approximately 50 feet long, (2) a Interveners play a more formal role in proposed powerhouse containing eight BILLING CODE 6717–01–P the process. Among other things, turbines with a total installed capacity Interveners have the right to receive of 15 MW, (3) approximately 1.5 miles copies of case-related Commission of proposed 14.7kV transmission line, documents and filings by other and (4) appurtenant facilities. Interveners. Likewise, each Intervener The project would have an estimated must provide 14 copies of its filings to annual generation of 92 GWh. the Secretary of the Commission and k. This filing is available for review at must send a copy of its filings to all the Commission in the Public Reference other parties on the Commission’s 3 Interventions may also be filed electronically via Room or may be viewed on the service list for this proceeding. If you the Internet in lieu of paper. See the previous Commission’s Web site at http:// want to become an Intervener you must discussion on filing comments electronically. www.ferc.gov using the ‘‘FERRIS’’ link.

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Enter the docket number excluding the studies, the Applicant would decide agency’s comments must also be sent to last three digits in the docket number whether to proceed with the preparation the Applicant’s representatives. field to access the document. For of a development application to Magalie R. Salas, assistance, call toll-free 1–866–208– construct and operate the project. 3676 or e-mail Secretary. p. Comments, Protests, or Motions to [email protected] . For [FR Doc. 03–5377 Filed 3–6–03; 8:45 am] Intervene: Anyone may submit TTY, call (202) 502–8659. A copy is also BILLING CODE 6717–01–P available for inspection and comments, a protest, or a motion to reproduction at Universal Electric intervene in accordance with the Power Corporation, 1145 Highbrook requirements of rules of practice and DEPARTMENT OF ENERGY Street, Akron, OH 44301 (330) 535– procedure, 18 CFR 385.210, 385.211, Federal Energy Regulatory 7115. 385.214. In determining the appropriate l. Competing Preliminary Permit: action to take, the Commission will Commission Anyone desiring to file a competing consider all protests or other comments Notice of Application Accepted for application for preliminary permit for a filed, but only those who file a motion Filing and Soliciting Motions To proposed project must submit the to intervene in accordance with the Intervene, Protests, and Comments competing application itself, or a notice Commission’s Rules may become a of intent to file such an application, to party to the proceeding. Any comments, February 28, 2003. the Commission on or before the protests, or motions to intervene must Take notice that the following specified comment date for the be received on or before the specified hydroelectric application has been filed particular application (see 18 CFR 4.36). comment date for the particular with the Commission and is available Submission of a timely notice of intent application. for public inspection: allows an interested person to file the q. Filing and Service of Responsive a. Type of Application: Preliminary competing preliminary permit permit. Documents: Any filings must bear in all application no later than 30 days after b. Project No.: 12319–000. capital letters the title ‘‘COMMENTS’’, the specified comment date for the c. Date filed: August 2, 2002. ‘‘NOTICE OF INTENT TO FILE particular application. A competing d. Applicant: Universal Electric COMPETING APPLICATION’’, preliminary permit application must Power Corp. ‘‘COMPETING APPLICATION’’, conform with 18 CFR 4.30(b) and 4.36. e. Name and Location of Project: The m. Competing Development ‘‘PROTEST’’, ‘‘MOTION TO Salamonie Lake Dam Hydroelectric Application: Any qualified development INTERVENE’’, as applicable, and the Project would be located on the applicant desiring to file a competing Project Number of the particular Salamonie River in Wabash County, development application must submit to application to which the filing refers. Indiana. The project would occupy the Commission, on or before a Any of the above-named documents lands administered by the U.S. Army specified comment date for the must be filed by providing an original particular application, either a Corps of Engineers. and eight copies to: The Secretary, f. Filed Pursuant to: Federal Power competing development application or a Federal Energy Regulatory Commission, notice of intent to file such an Act, 16 U.S.C. 791(a)–825(r). 888 First Street, NE., Washington, DC application. Submission of a timely g. Applicant Contact: Mr. Raymond 20426. An additional copy must be sent notice of intent to file a development Helter, Universal Electric Power application allows an interested person to Director, Division of Hydropower Corporation, 1145 Highbrook Street, to file the competing application no Administration and Compliance, Akron, OH 44301, (330) 535–7115. later than 120 days after the specified Federal Energy Regulatory Commission, h. FERC Contact: Elizabeth Jones comment date for the particular at the above-mentioned address. A copy (202) 502–8246. application. A competing license of any notice of intent, competing i. Deadline for filing comments, application must conform with 18 CFR application or motion to intervene must protests, and motions to intervene: 60 4.30(b) and 4.36. also be served upon each representative days from the issuance date of this n. Notice of Intent: A notice of intent of the Applicant specified in the notice. must specify the exact name, business particular application. The Commission’s rules of practice and procedure require all interveners address, and telephone number of the Comments, protests, and filing documents with the Commission prospective applicant, and must include interventions may be filed electronically an unequivocal statement of intent to to serve a copy of that document on via the Internet in lieu of paper; see 18 submit, if such an application may be each person in the official service list CFR 385.2001(a)(1)(iii) and the filed, either a preliminary permit for the project. Further, if an intervener application or a development instructions on the Commission’s Web files comments or documents with the application (specify which type of site under the ‘‘e-Filing’’ link. The Commission relating to the merits of an application). A notice of intent must be Commission strongly encourages issue that may affect the responsibilities served on the applicant(s) named in this electronic filings. of a particular resource agency, they public notice. r. Agency Comments: Federal, State, must also serve a copy of the document o. Proposed Scope of Studies under and local agencies are invited to file on that resource agency. Permit: A preliminary permit, if issued, comments on the described application. j. Description of Project: The proposed does not authorize construction. The A copy of the application may be run-of-river project would utilize the term of the proposed preliminary permit obtained by agencies directly from the Corps’ existing Salamonie Lake Dam would be 36 months. The work Applicant. If an agency does not file and would consist of: (1) Two proposed proposed under the preliminary permit comments within the time specified for 84-inch steel penstocks approximately would include economic analysis, filing comments, it will be presumed to 50 feet long, (2) a proposed powerhouse preparation of preliminary engineering have no comments. One copy of an containing two turbines with a total plans, and a study of environmental installed capacity of 2 MW, (3) impacts. Based on the results of these approximately five miles of proposed

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14.7kV transmission line, and (4) o. Proposed Scope of Studies under Applicant. If an agency does not file appurtenant facilities. Permit: A preliminary permit, if issued, comments within the time specified for The project would have an estimated does not authorize construction. The filing comments, it will be presumed to annual generation of 12.5 GWh. term of the proposed preliminary permit have no comments. One copy of an k. This filing is available for review at would be 36 months. The work agency’s comments must also be sent to the Commission in the Public Reference proposed under the preliminary permit the Applicant’s representatives. would include economic analysis, Room or may be viewed on the Magalie R. Salas, Commission’s Web site at http:// preparation of preliminary engineering Secretary. www.ferc.gov using the ‘‘FERRIS’’ link. plans, and a study of environmental Enter the docket number excluding the impacts. Based on the results of these [FR Doc. 03–5378 Filed 3–6–03; 8:45 am] last three digits in the docket number studies, the Applicant would decide BILLING CODE 6717–01–P field to access the document. For whether to proceed with the preparation assistance, call toll-free 1–866–208– of a development application to DEPARTMENT OF ENERGY 3676 or e-mail construct and operate the project. [email protected]. For TTY, p. Comments, Protests, or Motions to Intervene: Anyone may submit Federal Energy Regulatory call (202) 502–8659. A copy is also Commission available for inspection and comments, a protest, or a motion to reproduction at Universal Electric intervene in accordance with the Notice of Application Accepted for Power Corporation, 1145 Highbrook requirements of rules of practice and Filing and Soliciting Motions To Street, Akron, OH 44301 (330) 535– procedure, 18 CFR 385.210, 385.211, Intervene, Protests, and Comments 7115. 385.214. In determining the appropriate l. Competing Preliminary Permit: action to take, the Commission will February 28, 2003. Anyone desiring to file a competing consider all protests or other comments Take notice that the following application for preliminary permit for a filed, but only those who file a motion hydroelectric application has been filed proposed project must submit the to intervene in accordance with the with the Commission and is available competing application itself, or a notice Commission’s rules may become a party for public inspection: to the proceeding. Any comments, of intent to file such an application, to a. Type of Application: Preliminary protests, or motions to intervene must the Commission on or before the permit. be received on or before the specified specified comment date for the b. Project No.: 12321–000. comment date for the particular particular application (see 18 CFR 4.36). c. Date filed: August 2, 2002. application. d. Applicant: Universal Electric Submission of a timely notice of intent q. Filing and Service of Responsive Power Corp. allows an interested person to file the Documents: Any filings must bear in all e. Name and Location of Project: The competing preliminary permit capital letters the title ‘‘COMMENTS’’, Cagles Mill Lake Dam Hydroelectric application no later than 30 days after ‘‘NOTICE OF INTENT TO FILE Project would be located on Mill Creek the specified comment date for the COMPETING APPLICATION’’, in Putnam County, Indiana. The project particular application. A competing ‘‘COMPETING APPLICATION’’, would occupy lands administered by preliminary permit application must ‘‘PROTEST’’, ‘‘MOTION TO the U.S. Army Corps of Engineers. conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the f. Filed Pursuant to: Federal Power m. Competing Development Project Number of the particular Act, 16 U.S.C. 791(a)–825(r). Application: Any qualified development application to which the filing refers. g. Applicant Contact: Mr. Raymond applicant desiring to file a competing Any of the above-named documents Helter, Universal Electric Power development application must submit to must be filed by providing an original Corporation, 1145 Highbrook Street, the Commission, on or before a and eight copies to: The Secretary, Akron, OH 44301, (330) 535–7115. specified comment date for the Federal Energy Regulatory Commission, h. FERC Contact: Elizabeth Jones particular application, either a 888 First Street, NE., Washington, DC (202) 502–8246. competing development application or a 20426. An additional copy must be sent i. Deadline for filing comments, notice of intent to file such an to Director, Division of Hydropower protests, and motions to intervene: 60 application. Submission of a timely Administration and Compliance, days from the issuance date of this notice of intent to file a development Federal Energy Regulatory Commission, notice. application allows an interested person at the above-mentioned address. A copy The Commission’s rules of practice to file the competing application no of any notice of intent, competing and procedure require all interveners later than 120 days after the specified application or motion to intervene must filing documents with the Commission comment date for the particular also be served upon each representative to serve a copy of that document on application. A competing license of the Applicant specified in the each person in the official service list application must conform with 18 CFR particular application. for the project. Further, if an intervener 4.30(b) and 4.36. Comments, protests, and files comments or documents with the n. Notice of Intent: A notice of intent interventions may be filed electronically Commission relating to the merits of an must specify the exact name, business via the Internet in lieu of paper; see 18 issue that may affect the responsibilities address, and telephone number of the CFR 385.2001(a)(1)(iii) and the of a particular resource agency, they prospective applicant, and must include instructions on the Commission’s Web must also serve a copy of the document an unequivocal statement of intent to site under the ‘‘e-Filing’’ link. The on that resource agency. submit, if such an application may be Commission strongly encourages j. Description of Project: The proposed filed, either a preliminary permit electronic filings. run-of-river project would utilize the application or a development r. Agency Comments: Federal, State, Corps’ existing Cagles Mill Lake Dam application (specify which type of and local agencies are invited to file and would consist of: (1) One proposed application). A notice of intent must be comments on the described application. 62-inch steel penstock approximately 50 served on the applicant(s) named in this A copy of the application may be feet long, (2) a proposed powerhouse public notice. obtained by agencies directly from the containing one turbine with a total

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installed capacity of 938 KW, (3) served on the applicant(s) named in this A copy of the application may be approximately 600 feet of proposed public notice. obtained by agencies directly from the 14.7kV transmission line, and (4) o. Proposed Scope of Studies under Applicant. If an agency does not file appurtenant facilities. Permit: A preliminary permit, if issued, comments within the time specified for The project would have an estimated does not authorize construction. The filing comments, it will be presumed to annual generation of 5.8 GWh. term of the proposed preliminary permit have no comments. One copy of an k. This filing is available for review at would be 36 months. The work agency’s comments must also be sent to the Commission in the Public Reference proposed under the preliminary permit the Applicant’s representatives. would include economic analysis, Room or may be viewed on the Magalie R. Salas, Commission’s Web site at http:// preparation of preliminary engineering Secretary. www.ferc.gov using the ‘‘FERRIS’’ link. plans, and a study of environmental Enter the docket number excluding the impacts. Based on the results of these [FR Doc. 03–5379 Filed 3–6–03; 8:45 am] last three digits in the docket number studies, the Applicant would decide BILLING CODE 6717–01–P field to access the document. For whether to proceed with the preparation assistance, call toll-free 1–866–208– of a development application to DEPARTMENT OF ENERGY 3676 or e-mail construct and operate the project. [email protected]. For TTY, p. Comments, Protests, or Motions to Intervene: Anyone may submit Federal Energy Regulatory call (202) 502–8659. A copy is also Commission available for inspection and comments, a protest, or a motion to intervene in accordance with the reproduction at Universal Electric Notice of Application Accepted for requirements of rules of practice and Power Corporation, 1145 Highbrook Filing and Soliciting Comments, procedure, 18 CFR 385.210, 385.211, Street, Akron, OH 44301 (330) 535– Motions To Intervene, and Protests 7115. 385.214. In determining the appropriate action to take, the Commission will l. Competing Preliminary Permit: February 28, 2003. consider all protests or other comments Anyone desiring to file a competing Take notice that the following filed, but only those who file a motion application for preliminary permit for a hydroelectric application has been filed to intervene in accordance with the proposed project must submit the with the Commission and is available Commission’s rules may become a party competing application itself, or a notice for public inspection: to the proceeding. Any comments, a. Type of Application: Preliminary of intent to file such an application, to protests, or motions to intervene must the Commission on or before the permit. be received on or before the specified b. Project No.: 12410–000. specified comment date for the comment date for the particular particular application (see 18 CFR 4.36). c. Date filed: November 12, 2002. application. d. Applicant: Universal Electric Submission of a timely notice of intent q. Filing and Service of Responsive Power Corporation. allows an interested person to file the Documents: Any filings must bear in all e. Name and Location of Project: The competing preliminary permit capital letters the title ‘‘COMMENTS’’, Wilson Dam Hydroelectric Project application no later than 30 days after ‘‘NOTICE OF INTENT TO FILE would be located on the Saline River in the specified comment date for the COMPETING APPLICATION’’, Russell County, Kansas. The project particular application. A competing ‘‘COMPETING APPLICATION’’, would utilize the U.S. Army Corps of preliminary permit application must ‘‘PROTEST’’, ‘‘MOTION TO Engineers’ existing Wilson Dam and conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the Reservoir. m. Competing Development Project Number of the particular f. Filed Pursuant to: Federal Power Application: Any qualified development application to which the filing refers. Act, 16 U.S.C. 791(a)–825(r). applicant desiring to file a competing Any of the above-named documents g. Applicant Contact: Mr. Raymond development application must submit to must be filed by providing an original Helter, Universal Electric Power the Commission, on or before a and eight copies to: The Secretary, Corporation, 1145 Highbrook Street, specified comment date for the Federal Energy Regulatory Commission, Akron, OH 44301, (330) 535–7115. particular application, either a 888 First Street, NE., Washington, DC h. FERC Contact: James Hunter, (202) competing development application or a 20426. An additional copy must be sent 502–6086. notice of intent to file such an to Director, Division of Hydropower i. Deadline for filing comments, application. Submission of a timely Administration and Compliance, protests, and motions to intervene: 60 notice of intent to file a development Federal Energy Regulatory Commission, days from the issuance date of this application allows an interested person at the above-mentioned address. A copy notice. to file the competing application no of any notice of intent, competing The Commission’s rules of practice later than 120 days after the specified application or motion to intervene must and procedure require all interveners comment date for the particular also be served upon each representative filing documents with the Commission application. A competing license of the Applicant specified in the to serve a copy of that document on application must conform with 18 CFR particular application. each person in the official service list 4.30(b) and 4.36. Comments, protests, and for the project. Further, if an intervener n. Notice of Intent: A notice of intent interventions may be filed electronically files comments or documents with the must specify the exact name, business via the Internet in lieu of paper; see 18 Commission relating to the merits of an address, and telephone number of the CFR 385.2001(a)(1)(iii) and the issue that may affect the responsibilities prospective applicant, and must include instructions on the Commission’s Web of a particular resource agency, they an unequivocal statement of intent to site under the ‘‘e-Filing’’ link. The must also serve a copy of the document submit, if such an application may be Commission strongly encourages on that resource agency. filed, either a preliminary permit electronic filings. j. Description of Project: The proposed application or a development r. Agency Comments: Federal, State, project, using the Corps’ existing Wilson application (specify which type of and local agencies are invited to file Dam and Reservoir, would consist of: (1) application). A notice of intent must be comments on the described application. An 80-foot-long, 108-inch-diameter steel

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penstock, (2) a powerhouse containing served on the applicant(s) named in this A copy of the application may be two generating units with a total public notice. obtained by agencies directly from the installed capacity of 2.0 megawatts, (3) o. Proposed Scope of Studies under Applicant. If an agency does not file a 1,200-foot-long, 14.7-kilovolt Permit: A preliminary permit, if issued, comments within the time specified for transmission line connecting to an does not authorize construction. The filing comments, it will be presumed to existing power line, and (4) appurtenant term of the proposed preliminary permit have no comments. One copy of an facilities. The project would have an would be 36 months. The work agency’s comments must also be sent to average annual generation of 12.3 proposed under the preliminary permit the Applicant’s representatives. gigawatthours. would include economic analysis, k. This filing is available for review at preparation of preliminary engineering Magalie R. Salas, the Commission in the Public Reference plans, and a study of environmental Secretary. Room or may be viewed on the impacts. Based on the results of these [FR Doc. 03–5380 Filed 3–6–03; 8:45 am] Commission’s Web site at http:// studies, the Applicant would decide BILLING CODE 6717–01–P www.ferc.gov using the ‘‘FERRIS’’ link. whether to proceed with the preparation Enter the docket number excluding the of a development application to last three digits in the docket number construct and operate the project. DEPARTMENT OF ENERGY field to access the document. For p. Comments, Protests, or Motions to assistance, call toll-free 1–866–208– Intervene: Anyone may submit Federal Energy Regulatory 3676 or e-mail comments, a protest, or a motion to Commission intervene in accordance with the [email protected]. For TTY, Notice of Application Accepted for call (202) 502–8659. A copy is also requirements of rules of practice and Filing and Soliciting Comments, available for inspection and procedure, 18 CFR 385.210, 385.211, Motions To Intervene, and Protests reproduction at the address in item g. 385.214. In determining the appropriate above. action to take, the Commission will February 28, 2003. l. Competing Preliminary Permit: consider all protests or other comments Take notice that the following Anyone desiring to file a competing filed, but only those who file a motion hydroelectric application has been filed application for preliminary permit for a to intervene in accordance with the with the Commission and is available proposed project must submit the Commission’s rules may become a party for public inspection: competing application itself, or a notice to the proceeding. Any comments, a. Type of Application: Preliminary of intent to file such an application, to protests, or motions to intervene must permit. the Commission on or before the be received on or before the specified b. Project No.: 12413–000. specified comment date for the comment date for the particular c. Date filed: November 8, 2002. particular application (see 18 CFR 4.36). application. d. Applicant: Universal Electric Submission of a timely notice of intent q. Filing and Service of Responsive Power Corporation. allows an interested person to file the Documents: Any filings must bear in all e. Name and Location of Project: The competing preliminary permit capital letters the title ‘‘COMMENTS’’, Toad Suck Ferry L&D #8 Hydroelectric application no later than 30 days after ‘‘NOTICE OF INTENT TO FILE Project would be located on the the specified comment date for the COMPETING APPLICATION’’, Arkansas River in Perry County, particular application. A competing ‘‘COMPETING APPLICATION’’, Arkansas. The project would utilize the preliminary permit application must ‘‘PROTEST’’, or ‘‘MOTION TO U.S. Army Corps of Engineers’ existing conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the Toad Suck Ferry Lock and Dam No. 8. m. Competing Development Project Number of the particular f. Filed Pursuant to: Federal Power Application: Any qualified development application to which the filing refers. Act, 16 U.S.C. 791(a)–825(r). applicant desiring to file a competing Any of the above-named documents g. Applicant Contact: Mr. Raymond development application must submit to must be filed by providing an original Helter, Universal Electric Power the Commission, on or before a and eight copies to: The Secretary, Corporation, 1145 Highbrook Street, specified comment date for the Federal Energy Regulatory Commission, Akron, OH 44301, (330) 535–7115. particular application, either a 888 First Street, NE., Washington, DC h. FERC Contact: James Hunter, (202) competing development application or a 20426. An additional copy must be sent 502–6086. notice of intent to file such an to Director, Division of Hydropower i. Deadline for filing comments, application. Submission of a timely Administration and Compliance, protests, and motions to intervene: 60 notice of intent to file a development Federal Energy Regulatory Commission, days from the issuance date of this application allows an interested person at the above-mentioned address. A copy notice. to file the competing application no of any notice of intent, competing The Commission’s rules of practice later than 120 days after the specified application or motion to intervene must and procedure require all interveners comment date for the particular also be served upon each representative filing documents with the Commission application. A competing license of the Applicant specified in the to serve a copy of that document on application must conform with 18 CFR particular application. each person in the official service list 4.30(b) and 4.36. Comments, protests, and for the project. Further, if an intervener n. Notice of Intent: A notice of intent interventions may be filed electronically files comments or documents with the must specify the exact name, business via the Internet in lieu of paper; see 18 Commission relating to the merits of an address, and telephone number of the CFR 385.2001(a)(1)(iii) and the issue that may affect the responsibilities prospective applicant, and must include instructions on the Commission’s Web of a particular resource agency, they an unequivocal statement of intent to site under the ‘‘e-Filing’’ link. The must also serve a copy of the document submit, if such an application may be Commission strongly encourages on that resource agency. filed, either a preliminary permit electronic filings. j. Description of Project: The proposed application or a development r. Agency Comments: Federal, State, project, using the Corps’ existing Toad application (specify which type of and local agencies are invited to file Suck Ferry Lock and Dam No. 8, would application). A notice of intent must be comments on the described application. consist of: (1) Five 40-foot-long, 114-

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inch-diameter steel penstocks, (2) a served on the applicant(s) named in this A copy of the application may be powerhouse containing five generating public notice. obtained by agencies directly from the units with a total installed capacity of o. Proposed Scope of Studies under Applicant. If an agency does not file 9.0 megawatts, (3) a 4-mile-long, 14.7- Permit: A preliminary permit, if issued, comments within the time specified for kilovolt transmission line connecting to does not authorize construction. The filing comments, it will be presumed to an existing substation, and (4) term of the proposed preliminary permit have no comments. One copy of an appurtenant facilities. The project would be 36 months. The work agency’s comments must also be sent to would have an average annual proposed under the preliminary permit the Applicant’s representatives. generation of 55 gigawatthours. would include economic analysis, k. This filing is available for review at preparation of preliminary engineering Magalie R. Salas, the Commission in the Public Reference plans, and a study of environmental Secretary. Room or may be viewed on the impacts. Based on the results of these [FR Doc. 03–5381 Filed 3–6–03; 8:45 am] Commission’s Web site at http:// studies, the Applicant would decide BILLING CODE 6717–01–P www.ferc.gov using the ‘‘FERRIS’’ link. whether to proceed with the preparation Enter the docket number excluding the of a development application to last three digits in the docket number construct and operate the project. DEPARTMENT OF ENERGY field to access the document. For p. Comments, Protests, or Motions to assistance, call toll-free 1–866–208– Intervene: Anyone may submit Federal Energy Regulatory 3676 or e-mail comments, a protest, or a motion to Commission intervene in accordance with the [email protected]. For TTY, Notice of Application Ready for call (202) 502–8659. A copy is also requirements of rules of practice and Environmental Analysis and Soliciting available for inspection and procedure, 18 CFR 385.210, 385.211, Comments, Recommendations, Terms reproduction at the address in item g. 385.214. In determining the appropriate and Conditions, and Prescriptions above. action to take, the Commission will l. Competing Preliminary Permit: consider all protests or other comments February 28, 2003. Anyone desiring to file a competing filed, but only those who file a motion Take notice that the following application for preliminary permit for a to intervene in accordance with the hydroelectric application has been filed proposed project must submit the Commission’s rules may become a party with the Commission and is available competing application itself, or a notice to the proceeding. Any comments, for public inspection. of intent to file such an application, to protests, or motions to intervene must a. Type of Application: New major the Commission on or before the be received on or before the specified license. specified comment date for the comment date for the particular b. Project No.: 2516–026. particular application (see 18 CFR 4.36). application. c. Date filed: December 17, 2001. Submission of a timely notice of intent q. Filing and Service of Responsive d. Applicant: Allegheny Energy allows an interested person to file the Documents: Any filings must bear in all Supply Company, LLC. competing preliminary permit capital letters the title ‘‘COMMENTS’’, e. Name of Project: Dam No. 4 Hydro application no later than 30 days after ‘‘NOTICE OF INTENT TO FILE Station. the specified comment date for the COMPETING APPLICATION’’, f. Location: On the Potomac River, particular application. A competing ‘‘COMPETING APPLICATION’’, near the Town of Shepherdstown, in preliminary permit application must ‘‘PROTEST’’, or ‘‘MOTION TO Berkeley and Jefferson Counties, West conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the Virginia. m. Competing Development Project Number of the particular g. Filed Pursuant to: Federal Power Application: Any qualified development application to which the filing refers. Act 16 U.S.C. 791(a)–825(r). applicant desiring to file a competing Any of the above-named documents h. Applicant Contact: Charles L. development application must submit to must be filed by providing an original Simons, Allegheny Energy Supply the Commission, on or before a and eight copies to: The Secretary, Company, LLC, 4350 Northern Pike, specified comment date for the Federal Energy Regulatory Commission, Monroeville, PA 15146, (412) 858–1675. particular application, either a 888 First Street, NE., Washington, DC i. FERC Contact: Peter Leitzke, (202) competing development application or a 20426. An additional copy must be sent 502–6059 or [email protected]. notice of intent to file such an to Director, Division of Hydropower j. Deadline for filing comments, application. Submission of a timely Administration and Compliance, recommendations, terms and notice of intent to file a development Federal Energy Regulatory Commission, conditions, and prescriptions: 60 days application allows an interested person at the above-mentioned address. A copy from the issuance of this notice to file the competing application no of any notice of intent, competing All documents (original and eight later than 120 days after the specified application or motion to intervene must copies) should be filed with: Magalie R. comment date for the particular also be served upon each representative Salas, Secretary, Federal Energy application. A competing license of the Applicant specified in the Regulatory Commission, 888 First application must conform with 18 CFR particular application. Street, NE., Washington, DC 20426. 4.30(b) and 4.36. Comments, protests, and Please include the project number (P– n. Notice of Intent: A notice of intent interventions may be filed electronically 2516–026) on any documents filed. must specify the exact name, business via the Internet in lieu of paper; see 18 The Commission’s rules of practice address, and telephone number of the CFR 385.2001(a)(1)(iii) and the require all intervenors filing documents prospective applicant, and must include instructions on the Commission’s Web with the Commission to serve a copy of an unequivocal statement of intent to site under the ‘‘e-Filing’’ link. The that document on each person on the submit, if such an application may be Commission strongly encourages official service list for the project. filed, either a preliminary permit electronic filings. Further, if an intervenor files comments application or a development r. Agency Comments: Federal, State, or documents with the Commission application (specify which type of and local agencies are invited to file relating to the merits of an issue that application). A notice of intent must be comments on the described application. may affect the responsibilities of a

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particular resource agency, they must COMMENTS’’, All documents (original and eight also serve a copy of the document on ‘‘RECOMMENDATIONS,’’ ‘‘TERMS copies) should be filed with: Magalie R. that resource agency. AND CONDITIONS,’’ or Salas, Secretary, Federal Energy Comments, recommendations, terms ‘‘PRESCRIPTIONS;’’ (2) set forth in the Regulatory Commission, 888 First and conditions, and prescriptions may heading the name of the applicant and Street, NE., Washington, DC 20426. be filed electronically via the Internet in the project number of the application to Please include the project number (P– lieu of paper. The Commission strongly which the filing responds; (3) furnish 2517–012) on any documents filed. encourages electronic filings. See 18 the name, address, and telephone The Commission’s rules of practice CFR 385.2001(a)(1)(iii) and the number of the person submitting the require all intervenors filing documents instructions on the Commission’s Web filing; and (4) otherwise comply with with the Commission to serve a copy of site (http://www.ferc.gov) under the ‘‘e- the requirements of 18 CFR 385.2001 that document on each person on the Filing’’ link. through 385.2005. All comments, official service list for the project. k. This application has been accepted, recommendations, terms and conditions Further, if an intervenor files comments and is ready for environmental analysis or prescriptions must set forth their or documents with the Commission at this time. evidentiary basis and otherwise comply relating to the merits of an issue that l. The existing Dam No. 4 Hydro with the requirements of 18 CFR 4.34(b). may affect the responsibilities of a Station Project consists of: (1) A 200- Agencies may obtain copies of the particular resource agency, they must foot-long, 80-foot-wide headrace; (2) a application directly from the applicant. also serve a copy of the document on stone and concrete powerhouse Each filing must be accompanied by that resource agency. containing three generating units with a proof of service on all persons listed on Comments, recommendations, terms total installed capacity of 1,900 the service list prepared by the and conditions, and prescriptions may kilowatts; (3) a 350-foot-long, 90-foot- Commission in this proceeding, in be filed electronically via the Internet in wide tailrace; (4) a substation; (5) a 4.5- accordance with 18 CFR 4.34(b), and lieu of paper. The Commission strongly mile-long, 34.5-kilovolt transmission 385.2010. encourages electronic filings. See 18 line; and (6) appurtenant facilities. The CFR 385.2001(a)(1)(iii) and the applicant estimates that the total Magalie R. Salas, instructions on the Commission’s Web average annual generation would be Secretary. site (http://www.ferc.gov) under the ‘‘e- 7,886 megawatthours. All generated [FR Doc. 03–5382 Filed 3–6–03; 8:45 am] Filing’’ link. power is sold to Allegheny Power for BILLING CODE 6717–01–P k. This application has been accepted, use in the existing electric grid system and is ready for environmental analysis serving West Virginia and Maryland. at this time. The project dam and reservoir are DEPARTMENT OF ENERGY l. The existing Dam No. 5 Hydro owned by the United States and Station Project consists of: (1) A 100- operated by the National Park Service. Federal Energy Regulatory foot-long, 80-foot-wide headrace; (2) a m. A copy of the application is Commission brick and concrete powerhouse available for review at the Commission containing two generating units with a in the Public Reference Room or may be Notice of Application Ready for total installed capacity of 1,210 viewed on the Commission’s Web site at Environmental Analysis and Soliciting kilowatts; (3) a 250-foot-long, 90-foot- http://www.ferc.gov using the ‘‘FERRIS’’ Comments, Recommendations, Terms wide tailrace; (4) a substation; and (5) link. Enter the docket number excluding and Conditions, and Prescriptions appurtenant facilities. The applicant estimates that the total average annual the last three digits in the docket February 28, 2003. number field to access the document. generation would be 5,945 Take notice that the following For assistance, contact FERC Online megawatthours. All generated power is hydroelectric application has been filed Support at sold to Allegheny Power for use in the with the Commission and is available [email protected] or toll- existing electric grid system serving for public inspection. free at 1–866–208–3676, or for TTY, West Virginia and Maryland. The (202) 502–8659. A copy is also available a. Type of Application: Subsequent project dam and reservoir are owned by for inspection and reproduction at the minor license. the United States and operated by the address in item h above. b. Project No.: 2517–012. National Park Service. n. The Commission directs, pursuant c. Date filed: December 17, 2001. m. A copy of the application is to section 4.34(b) of the regulations (see d. Applicant: Allegheny Energy available for review at the Commission Order No. 533 issued May 8, 1991, 56 Supply Company, LLC. in the Public Reference Room or may be FR 23108, May 20, 1991) that all e. Name of Project: Dam No. 5 Hydro viewed on the Commission’s Web site at comments, recommendations, terms and Station. http://www.ferc.gov using the ‘‘FERRIS’’ conditions and prescriptions concerning f. Location: On the Potomac River, link. Enter the docket number excluding the application be filed with the near the Town of Hedgesville, in the last three digits in the docket Commission within 60 days from the Berkeley County, West Virginia. number field to access the document. issuance date of this notice. All reply g. Filed Pursuant to: Federal Power For assistance, contact FERC Online comments must be filed with the Act 16 U.S.C. 791 (a)—825(r). Support at Commission within 105 days from the h. Applicant Contact: Charles L. [email protected] or toll- date of this notice. Simons, Allegheny Energy Supply free at 1–866–208–3676, or for TTY, Anyone may obtain an extension of Company, LLC, 4350 Northern Pike, (202) 502–8659. A copy is also available time for these deadlines from the Monroeville, PA 15146, (412) 858–1675. for inspection and reproduction at the Commission only upon a showing of i. FERC Contact: Peter Leitzke, (202) address in item h above. good cause or extraordinary 502–6059 or [email protected]. n. The Commission directs, pursuant circumstances in accordance with 18 j. Deadline for filing comments, to section 4.34(b) of the regulations (see CFR 385.2008. recommendations, terms and Order No. 533 issued May 8, 1991, 56 All filings must (1) bear in all capital conditions, and prescriptions: 60 days FR 23108, May 20, 1991) that all letters the title ‘‘COMMENTS’’, ‘‘REPLY from the issuance of this notice. comments, recommendations, terms and

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conditions and prescriptions concerning Panels of the EPA Science Advisory one, two and four that a major part of the application be filed with the Board provided on the SAB Web site. the EPA’s mission is to safeguard the Commission within 60 days from the The form can be accessed through a link natural environment, air, water, healthy issuance date of this notice. All reply on the blue navigational bar on the SAB communities and ecosystems, upon comments must be filed with the Web site, http://www.epa.gov/sab. To be which life depends. The goals address Commission within 105 days from the considered, all nominations must ecosystem protection and restoration. date of this notice. include the information required on that Goal one, for example, specifies links Anyone may obtain an extension of form. Anyone who is unable to submit between reductions in air pollution and time for these deadlines from the nominations via this form may contact protection of the environment, and such Commission only upon a showing of Dr. Angela Nugent, Designated Federal benefits as restoring life in damaged good cause or extraordinary Officer, U.S. EPA Science Advisory ecosystems. The Agency is seeking circumstances in accordance with 18 Board (1400A), by telephone/voice mail scientific guidance on measures to CFR 385.2008. at (202) 564–4562, by fax at (202) 501– improve quantification and All filings must (1) bear in all capital 0323, or via e-mail at characterization of benefits of protecting letters the title ‘‘COMMENTS’’, ‘‘REPLY [email protected]. ecosystems and restoring life in damaged ecosystems and to inform COMMENTS’’, FOR FURTHER INFORMATION CONTACT: Any ‘‘RECOMMENDATIONS,’’ ‘‘TERMS environmental protection decisions. member of the public wishing further Goals two and four of the EPA AND CONDITIONS,’’ or information regarding this Request for ‘‘PRESCRIPTIONS;’’ (2) set forth in the Strategic Plan include ‘‘the restoration Nomination may contact Dr. Angela and protection of watersheds and their heading the name of the applicant and Nugent at the address above. the project number of the application to aquatic ecosystems to improve public SUPPLEMENTARY INFORMATION: which the filing responds; (3) furnish health, enhance water quality, reduce 1. Action: Notice; request for flooding, and provide habitat for the name, address, and telephone nominations to a new ‘‘Panel on Valuing number of the person submitting the wildlife and the desire of ‘‘preventing the Protection of Ecological Systems and pollution and reducing risk in filing; and (4) otherwise comply with Services’’ of the EPA’s Science Advisory the requirements of 18 CFR 385.2001 communities, homes, workplaces, and Board (SAB). ecosystems.’’ Meeting these goals will through 385.2005. All comments, 2. Summary: The EPA’s SAB is recommendations, terms and conditions require a scientifically rigorous method announcing the formation of a new to quantify not only losses of or prescriptions must set forth their Panel to provide advice to strengthen evidentiary basis and otherwise comply commercially exploited ecosystem the EPA’s approaches for assessing the benefits (e.g., recreational fishing, with the requirements of 18 CFR 4.34(b). costs and benefits of environmental Agencies may obtain copies of the impact of atmospheric sulfur and programs that protect ecological systems nitrogen oxides, lost commercial timber application directly from the applicant. and services, to identify research needs Each filing must be accompanied by from ozone damage), but also to to improve how ecological resources are quantify and characterize the benefits of proof of service on all persons listed on valued, and to support decision making the service list prepared by the protecting ecological systems and to protect ecological resources. The SAB services (emphasize more strongly) (e.g., Commission in this proceeding, in is soliciting nominations to establish the accordance with 18 CFR 4.34(b), and carbon sequestration, water purification, members of the new Panel. water retention, biodiversity, existence 385.2010. This Panel is being formed to provide values, aesthetic values, and habitat). Magalie R. Salas, advice to the Agency, as part of the EPA In short, the EPA needs a Secretary. SAB’s mission, to provide independent comprehensive effort that will improve [FR Doc. 03–5383 Filed 3–6–03; 8:45 am] scientific and technical advice, the methods used to value the benefits consultation, and recommendations to BILLING CODE 6717–01–P of protecting ecological systems and the EPA Administrator on the technical services to facilitate Agency decisions bases for EPA regulations. The project it concerning the protection and will undertake is a self-initiated project restoration of ecosystems. Developing ENVIRONMENTAL PROTECTION of the Board, intended as a multi-year and implementing such methods will AGENCY effort; the background for the effort and assist the Agency in meeting the eighth [FRL–7460–4] the charge to the Panel is described Goal of the Strategic Plan, ‘‘to develop below. The Board is a chartered Federal and apply the best available science for Science Advisory Board; Request for advisory Committee, which reports addressing current and future Nominations for Experts for a Panel on directly to the Administrator. environmental hazards as well as new Valuing the Protection of Ecological Members of the Panel will provide approaches toward improving Systems and Services advice to the Agency, through the SAB’s environmental protection.’’ Executive Committee, over a two-to- The SAB Executive Committee has AGENCY: Environmental Protection three year period. Over that period, the determined that the issue of protection Agency (EPA). Panel will comply with the provisions of ecological systems and services and ACTION: Notice. of FACA and all appropriate SAB valuing of their protection is an procedural policies, including the SAB important, multi-dimensional issue SUMMARY: The EPA’s SAB is announcing process for panel formation described in where the scientific and technical the formation of a new SAB Panel and the Overview of the Panel Formation advice of the Board is needed. It has is soliciting nominations for members of Process at the Environmental Protection acknowledged that valuing the the panel. Agency Science Advisory Board, which protection of ecological systems and DATES: Nominations should be can be found on the SAB’s Web site at: services has proved a challenging submitted on or before March 28, 2003. http://www.epa.gov/sab/pdf/ problem for the Agency and existing ADDRESSES: Nominations should be ec02010.pdf. SAB Advisory committees to address. submitted in electronic format through 3. Background: EPA’s Strategic Plan In regard to this last point, the Board the Form for Nominating Individuals to (EPA–190–R–00–002) states as goals notes that in 2001, the independent

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Advisory Council on Clean Air Report identified opportunities to (e) Make recommendations as to how Compliance Analysis, whose chair sits improve consideration of values in these alternative approaches may inform on the SAB Executive Committee, environmental decision making in the and be incorporated in the Agency’s identified that a ‘‘major effort’’ was following areas: environmental science; valuing the protection of ecological needed ‘‘to develop credible methods to social, economic and behavioral systems and services and to contribute quantify and monetize the effects of sciences; actions to be taken by policy to the work of other SAB committees. marginal changes in air pollution on makers and their roles; roles and Specific activities to respond to this ecosystem processes’’ and to include requirements of stakeholders; and charge are to be defined by the new SAB non-market ecosystem services in future research development and research Panel. Section 812 reports (Draft Analytical needs. 5. SAB Request for Nominations: Any Plan for EPA’s Second Prospective 4. Proposed Charge to the Panel: The interested person or organization may Analysis—Benefits and costs of the Executive Committee notes that the nominate qualified individuals for Clean Air Act, 1990–2020: An Advisory panel will need to synthesize the membership on the Subcommittee. by the Advisory Council for Clean Air existing serious work already invested Individuals should have expertise in Compliance EPA–SAB–COUNCIL– on this issue and currently underway one or more of the following areas: ADV–01–004). The Council advised the elsewhere and define and steer distinct (a) Decision Science Agency to develop a major review of the activities where the SAB can add value (b) Ecology economic literature focusing on the to those efforts. Currently, the National (c) Economics valuation of ecological systems and Academy of Sciences is working on a (d) Engineering services, with the purpose of project titled ‘‘Assessing and Valuing of (e) Psychology differentiating results more useful for Aquatic Ecosystem Services.’’ This (f) Social Sciences with emphasis in the Agency’s 812 analysis of ecological project, which is being co-sponsored by ecosystem protection the EPA, is meant to ‘‘evaluate methods benefits from those less useful. Prior experience that involved valuing The SAB notes that the new Panel is for assessing services and associated of ecosystems and services according to likely to address many of the issues economic values of aquatic and related a structured scientific method is raised in a 2001 SAB report, Toward terrestrial ecosystems. The Executive Integrated Environmental Decision Committee desires coordination with desirable. Making (EPA–SAB–EC–00–011). That efforts such as this one, so that the panel 6. Process and Deadline for report noted the following impediments builds on the information and advice Submitting Nominations: Any interested to the valuing of ecological systems and developed. It envisions a multi-year person or organization may nominate services: difficulty translating changes effort to build upon and go beyond past qualified individuals to add expertise in in ecological conditions into monetary guidance and efforts to support the the above areas Panel. Nominations units: difficulty measuring values Agency’s valuation methods. The SAB’s should be submitted in electronic placed on keeping ecosystems viable effort would identify research needs to format through the Form for Nominating (‘‘existence values’’) because the public improve valuing of ecological resources Individuals to Panels of the EPA often does not have knowledge about and identify scientifically appropriate Science Advisory Board provided on the ecological impacts; difficulty finding methods and suite of tools to be used to SAB Web site. The form can be accessed ecological services reflected well in assist decision making to protect through a link on the blue navigational markets; and difficulty measuring ecological resources. The Executive bar on the SAB Web site, values such as equity and sustainability. Committee envisions that the Panel will MACROBUTTON HtmlResAnchor The report also cited the following plan and conduct a series of activities http://www.epa.gov/sab. To be needs: better methods to estimate value designed to accomplish the following: considered, all nominations must the public places on protecting (a) Enhance the ability of ecological, include the information required on that ecological conditions; better methods to economic, social, and technological form. incorporate values and preferences into analysis to contribute useful assessment Anyone who is unable to submit decision-making; and more open of the value of changes in and the nominations using this form may dialogue among scientists and between protection of ecosystems and ecosystem contact Dr. Angela Nugent at the scientists and decision makers. services. mailing address above. Nominations The Board notes that many of these (b) Explore alternative approaches should be submitted in time to arrive no issues were also discussed at a joint (e.g., benefit-cost analysis, ecological later than 21 days after the publication EPA/SAB workshop in 2001, and analysis, and the analysis of public date of this Federal Register Notice. documented in the report: concerns and values) in terms of the Any questions concerning either this Understanding Public Values and soundness and reliability of the process or any other aspects notice Attitudes Related to Ecological Risk methods involved, the current should be directed to Dr. Nugent. Management: An SAB Workshop Report evidentiary base associated with each, The EPA Science Advisory Board will of an EPA/SAB Workshop (EPA–SAB– data gaps, and potential contributions to acknowledge receipt of the nomination EC–WKSP–01–001). The workshop was decision making. and inform nominators of the panel a public meeting designed to (c) Identify research needs and selected. From the nominees identified demonstrate how researchers using priorities for the further development of by respondents to this Federal Register different kinds of analytical methods, each of these approaches and to explore notice (termed the ‘‘Widecast’’), SAB tools, and approaches from the social innovative strategies to encourage new Staff will develop a smaller subset sciences can mutually inform each other research and new investigators to (known as the ‘‘Short List’’) for more and risk managers in understanding: (a) address the value of ecological systems detailed consideration. Criteria used by Public values and attitudes related to and services. the SAB Staff in developing this Short specific threats to ecological resources, (d) Compare the different approaches, List are given at the end of the following such as Tampa Bay Estuary, a body of identifying areas of convergence and paragraph. The Short List will be posted water threatened with nitrogen divergence and the potential for on the SAB Web site at: http:// deposition and (b) the significance of developing more integrative and www.epa.gov/sab, and will include, for those values to decision makers. The synthetic approaches. each candidate, the nominee’s name and

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their biosketch. Public comments will Panel Formation Process: Immediate Protection Agency, 1200 Pennsylvania be accepted for 21 calendar days on the Steps to Improve Policies and Ave., NW., Washington, DC 20460– Short List. During this comment period, Procedures—An SAB Commentary 0001; telephone number: (202) 554– the public will be requested to provide (EPA–SAB–EC–COM–002–003), which 1404; e-mail address: TSCA- information, analysis or other can be found on the SAB’s Web site at: [email protected]. documentation on nominees that the (http://www.epa.gov/sab) http:// SUPPLEMENTARY INFORMATION: SAB Staff should consider in evaluating www.epa.gov/sab/ecm02003.pdfhttp:// candidates for Panel. www.epa.gov/sab/pdf/ecm02003.pdf. I. General Information For the EPA SAB, a balanced review Additional information concerning A. Does this Notice Apply to Me? panel (i.e., committee, subcommittee, or the EPA Science Advisory Board, panel) is characterized by inclusion of including its structure, function, and This action is directed to the public candidates who possess the necessary composition, may be found on the EPA in general. This action may, however, be domains of knowledge, the relevant SAB Web site at: http://www.epa.gov/ of interest to those persons who are or scientific perspectives (which, among sab; and in the EPA Science Advisory may be required to conduct testing of other factors, can be influenced by work Board FY2001 Annual Staff Report, chemical substances under TSCA. Since history and affiliation), and the which is available from the EPA SAB other entities may also be interested, the collective breadth of experience to Publications Staff at phone: (202) 564– Agency has not attempted to describe all adequately address the charge. Public 4533; via fax at: (202) 501–0256; or on the specific entities that may be affected responses to the Short List candidates the SAB Web site at: http:// by this action. If you have any questions will be considered in the selection of www.epa.gov/sab/annreport01.pdf. regarding the applicability of this action the panel, along with information 7. For Further Information Contact: to a particular entity, consult the person provided by candidates and information Any member of the public wishing listed under FOR FURTHER INFORMATION gathered by EPA SAB Staff further information regarding this CONTACT. independently on the background of Request for Nomination may contact Dr. B. How Can I Get Copies of this each candidate (e.g., financial disclosure Angela Nugent, Designated Federal Document and Other Related information and computer searches to Officer, U.S. EPA Science Advisory Documents? evaluate a nominee’s prior involvement Board (1400A), Suite 6450C by 1. Docket. EPA has established an with the topic under review). Specific telephone/voice mail at (202) 564–4562, official public docket for this action criteria to be used in evaluating an by fax at (202) 501–0323; or via e-mail under docket identification (ID) number individual subcommittee member at [email protected]. include: (a) Scientific and/or technical OPPT–2003–0004. The official public Dated: February 28, 2003. expertise, knowledge, and experience docket consists of the documents (primary factors); (b) absence of Vanessa T. Vu, specifically referenced in this action, financial conflicts of interest; (c) Director, EPA Science Advisory Board Staff any public comments received, and scientific credibility and impartiality; Office. other information related to this action. (d) availability and willingness to serve; [FR Doc. 03–5474 Filed 3–6–03; 8:45 am] Although a part of the official docket, and (e) ability to work constructively BILLING CODE 6560–50–P the public docket does not include CBI and effectively in committees. or other information whose disclosure is Short List candidates will also be restricted by statute. The official public required to fill-out the ‘‘Confidential ENVIRONMENTAL PROTECTION docket is the collection of materials that Financial Disclosure Form for Special AGENCY is available for public viewing at the Government Employees Serving on [OPPT–2003–0004; FRL–7293–1] EPA Docket Center, Rm. B102–Reading Federal Advisory Committees at the Room, EPA West, 1301 Constitution U.S. Environmental Protection Agency’’ Access to Confidential Business Ave., NW., Washington, DC. EPA’s (EPA Form 3110–48). This confidential Information by ASRC Aerospace Docket Center is open from 8:30 a.m. to form, which is submitted by EPA SAB Corporation 4:30 p.m., Monday through Friday, Members and Consultants, allows excluding legal holidays. EPA’s Docket Government officials to determine AGENCY: Environmental Protection Center Reading Room telephone number whether there is a statutory conflict Agency (EPA). is (202) 566–1744 and the telephone between that person’s public ACTION: Notice. number for the OPPT Docket, which is responsibilities (which includes SUMMARY: EPA has authorized ASRC located in EPA Docket Center, is (202) membership on an EPA Federal Aerospace Corporation, of Greenbelt, 566–0280. 2. Electronic access. You may access advisory committee) and private MD, access to information which has this Federal Register document interests and activities, or the been submitted to EPA under all electronically through the EPA Internet appearance of a lack of impartiality, as sections of the Toxic Substances Control under the ‘‘Federal Register’’ listings at defined by Federal regulation. The form Act (TSCA). Some of the information may be viewed and downloaded from http://www.epa.gov/fedrgstr/. may be claimed or determined to be the following URL address: http:// An electronic version of the public Confidential Business Information (CBI). www.epa.gov/sab/pdf/epaform3110– docket is available through EPA’s 48.pdf. Subcommittee members will DATES: Access to the confidential data electronic public docket and comment likely be asked to attend at least one submitted to EPA under all sections of system, EPA Dockets. You may use EPA public face-to-face meeting and several TSCA occurred as a result of an Dockets at http://www.epa.gov/edocket/ public conference call meetings over the approved waiver dated January 31, to submit or view public comments, anticipated course of the advisory 2003. access the index listing of the contents activity. FOR FURTHER INFORMATION CONTACT: of the official public docket, and to The approved policy under which the Barbara A. Cunningham, Acting access those documents in the public EPA SAB selects review panels is Director, Environmental Assistance docket that are available electronically. described in a recent SAB document, Division (7408M), Office of Pollution Although not all docket materials may EPA Science Advisory Board (SAB) Prevention and Toxics, Environmental be available electronically, you may still

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access any of the publicly available ASRC Aerospace Corporation Agency has not attempted to describe all docket materials through the docket personnel will be required to sign the specific entities that may be affected facility identified in Unit I.B.1. Once in nondisclosure agreements and will be by this action. If you have any questions the system, select ‘‘search,’’ then key in briefed on appropriate security regarding the applicability of this action the appropriate docket ID number. procedures before they are permitted to a particular entity, consult the person listed under FOR FURTHER INFORMATION II. What Action is the Agency Taking? access to TSCA CBI. CONTACT. Under Contract Number 68–W–03– List of Subjects B. How Can I Get Copies of this 013, ASRC Aerospace Corporation, of Environmental protection, Document and Other Related 6301 Ivy Lane, Suite 300, Greenbelt, Confidential business information. Information? MD, will assist EPA in managing the Dated: February 26, 2003. Confidential Business Information 1. Docket. EPA has established an Allan S. Abramson, Center (CBIC), which is the centralized official public docket for this action point of contact for TSCA CBI records Director, Information Management Division, under docket identification (ID) number Office of Pollution Prevention and Toxics. and serves as the repository for these OPPT–2003–0004. The official public records. ASRC Aerospace Corporation [FR Doc. 03–5317 Filed 3–6–03; 8:45 am] docket consists of the documents will also receive, data entry, copy, track, BILLING CODE 6560–50–S specifically referenced in this action, and distribute records in accordance any public comments received, and with the TSCA Security Manual. other information related to this action. Under Contract Number 68–W–01– ENVIRONMENTAL PROTECTION Although a part of the official docket, 002, Delivery Order Number 235, ASRC AGENCY the public docket does not include CBI Aerospace Corporation will assist EPA [OPPT–2003–0004; FRL–7294–7] or other information whose disclosure is in managing the Non-confidential restricted by statute. The official public Information Center (NCIC). ASRC Access to Confidential Business docket is the collection of materials that Aerospace Corporation will provide Information by TEK Systems, is available for public viewing at the current and historical records on all Incorporated EPA Docket Center, Rm. B102–Reading TSCA non-CBI submissions received in Room, EPA West, 1301 Constitution AGENCY: Environmental Protection compliance with TSCA; organize, Ave., NW., Washington, DC. EPA’s Agency (EPA). distribute and prepare records for Docket Center is open from 8:30 a.m. to permanent storage; and handle all ACTION: Notice. 4:30 p.m., Monday through Friday, excluding legal holidays. EPA’s Docket docket-related records for OPPT, in SUMMARY: EPA has authorized the Center Reading Room telephone number accordance with the TSCA Security Chemical Abstract Services (CAS) and is (202) 566–1744 and the telephone Manual. its subcontractor TEK Systems, number for the OPPT Docket, which is In accordance with 40 CFR 2.306(j), Incorporated of Dublin, OH access to located in EPA Docket Center, is (202) EPA has determined that under Contract information which has been submitted 566–0280. Numbers 68–W–03–013 and 68–W–01– to EPA under sections 5 and 8 of the 002, ASRC Aerospace Corporation will 2. Electronic access. You may access Toxic Substances Control Act (TSCA). this Federal Register document require access to CBI submitted to EPA Some of the information may be claimed under all sections of TSCA, to perform electronically through the EPA Internet or determined to be Confidential under the ‘‘Federal Register’’ listings at successfully the duties specified under Business Information (CBI). the contract. http://www.epa.gov/fedrgstr/. ASRC Aerospace Corporation DATES: Access to the confidential data An electronic version of the public personnel were given access to submitted to EPA under sections 5 and docket is available through EPA’s information submitted to EPA under all 8 of TSCA occurred as a result of an electronic public docket and comment sections of TSCA. Some of the approved waiver dated December 18, system, EPA Dockets. You may use EPA information may be claimed or 2002, which requested granting TEK Dockets at http://www.epa.gov/edocket/ determined to be CBI. Systems, Incorporated immediate access to submit or view public comments, ASRC Aerospace Corporation was to sections 5 and 8 of TSCA CBI. access the index listing of the contents granted a waiver on January 31, 2003. FOR FURTHER INFORMATION CONTACT: of the official public docket, and to This waiver was necessary to allow Barbara A. Cunningham, Acting access those documents in the public ASRC Aerospace Corporation to assist Director, Environmental Assistance docket that are available electronically. OPPT in the activities listed above. Division (7408M), Office of Pollution Although not all docket materials may EPA is issuing this notice to inform Prevention and Toxics, Environmental be available electronically, you may still all submitters of information under all Protection Agency, 1200 Pennsylvania access any of the publicly available sections of TSCA, that the Agency may Ave., NW., Washington, DC 20460– docket materials through the docket provide ASRC Aerospace Corporation 0001; telephone number: (202) 554– facility identified in Unit I.B.1. Once in access to these CBI materials on a need- 1404; e-mail address: TSCA- the system, select ‘‘search,’’ then key in to-know basis only. All access to TSCA [email protected]. the appropriate docket ID number. CBI under this contract will take place SUPPLEMENTARY INFORMATION: II. What Action is the Agency Taking? at EPA Headquarters. ASRC Aerospace Corporation will be I. General Information Under Contract Number 68–W–00– required to adhere to all provisions of 127, subcontractor TEK Systems, A. Does this Notice Apply to Me? EPA’s TSCA Confidential Business Incorporated of 5115 Parkcenter Information Security Manual. This action is directed to the public Avenue, Suite 170, Dublin, Ohio, will Clearance for access to TSCA CBI in general. This action may, however, be assist the Office of Pollution Prevention under Contract Numbers 68–W–03–013 of interest to those persons who are or and Toxics (OPPT) by providing and 68–W–01–002 may continue until may be required to conduct testing of technical support, for enhancing the December 31, 2009, and October 18, chemical substances under TSCA. Since confidential Master Inventory File. TEK 2006, respectively. other entities may also be interested, the Systems, Incorporated will specifically

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be making changes to coding in the Filed February 24, 2003 Through Operation and Maintenance of the Master Inventory File and testing these February 28, 2003 Missouri River Bank Stabilization and changes to ensure completeness of the Pursuant to 40 CFR 1506.9. Navigation Project (BSNP), Missouri work and integrity of the Master EIS No. 030076, Draft EIS, AFS, WI, River, Sioux City, Iowa to the Mouth Inventory File. McCaslin Project, To Implement near St. Louis, NB, KS and MO, Wait In accordance with 40 CFR 2.306(j), Vegetation Management Activities Period Ends: April 7, 2003, Contact: EPA has determined that under Contract that are Consistent with Direction in Kelly Ryan (816) 983–3324. This Number 68–W–00–127, TEK Systems, the Nicolet Forest Plan, Lakewood/ document is available on the Internet Incorporated will require access to CBI Laona Ranger District, Chequamegon- at: http://www.nwk.usace.army.mil/ submitted to EPA under sections 5 and Nicolet National Forest, Oconto Forest projects/mitigation/supplemental- 8 of TSCA, to perform successfully the Counties, WI, Comment Period Ends: eis.htm. duties specified under the contract. April 21, 2003, Contact: John EIS No. 030083, Draft EIS, NPS, NJ, TEK Systems, Incorporated was Lampereur (715) 276–6333. Morristown National Historical Park granted a waiver on December 18, 2002. EIS No. 030077, Final EIS, FSA, General Management Plan, This waiver was necessary to allow TEK Programmatic EIS—Emergency Implementation, Morris and Somerset Systems, Incorporated to assist OPPT in Conservation Program (ECP), Counties, NJ, Comment Period Ends: the activities listed above. Improvement and Expansion, To May 09, 2003, Contact: Michael D. TEK Systems, Incorporated personnel Provide Emergency Funding to Henderson Ext (973) 539–2016. was given access to information Farmers and Ranchers, In the EIS No. 030084, Draft EIS, BLM, ID, submitted to EPA under sections 5 and Agricultural Lands of the United North Rasmussen Ridge Mine, Agrium 8 of TSCA. Some of the information may States, Wait Period Ends: April 7, Conda Phosphate Operations, be claimed or determined to be CBI. 2003, Contact: Don Steck (202) 609– Proposal to Extend the Existing EPA is issuing this notice to inform 0224. This document is available on Mining Operations, Federal all submitters of information under the Internet at: http:// Phosphate Leases I–04375 and I– sections 5 and 8 of TSCA that the www.fsa.usda.gov/dafp/cepd/epb/ 07619 within the Caribou-Targhee Agency may provide TEK Systems, nepa.htm. National Forest, and State Lease I– EIS No. 030078, Draft EIS, NPS, AK, Incorporated access to these CBI 9313, Soda Springs, Caribou County, Denali National Park and Preserve materials on a need-to-know basis only. ID, Comment Period Ends: May 6, Backcountry Management Plan and All access to TSCA CBI under this 2003, Contact: Wendall Johnson (208) General Management Plan contract will take place at the Chemical 478–6353. Amendment, Implementation, AK, Abstract Services site, located at 2540 EIS No. 030085, Draft EIS, AFS, ID, Comment Period Ends: May 7, 2003, Olentangy River Road, Columbus, Ohio. Golden Hand No. 3 and No. 4 Lode Contact: Mike Tranel (907) 257–2562. TEK Systems, Incorporated will be Mining Claims Proposed Plan of This document is available on the required to adhere to all provisions of Operations, Implementation, Frank Internet at: http://www.nps.gov/dena. Church-River of No Return, (FC– EPA’s TSCA Confidential Business EIS No. 030079, Draft EIS, UAF, AZ, Information Security Manual. RONR) Wilderness, Payette National Barry M. Goldwater Range (BMGR) Forest, Krassel Ranger District, Valley Clearance for access to TSCA CBI Proposed Integrated Natural under Contract Number 68–W–00–127 County, ID, Comment Period Ends: Resources Management Plan (INRMP), April 21, 2003, Contact: Quinn Carver may continue until September 30, 2003. Implementation, Military Lands TEK Systems, Incorporated personnel (208) 634–0600. This document is Withdrawal Act of 1999 (Public Law available on the Internet at: http:// will be required to sign nondisclosure 106–65) and Sike Act (16 U.S.C. 670), agreements and will be briefed on www.fs.fed.us/r4/payette/main.html Yuma, Pima and Maricopa Counties, EIS No. 030086, Final EIS, FRC, WV, appropriate security procedures before AZ, Comment Period Ends: May 7, NC, VA, Greenbrier Pipeline Project, they are permitted access to TSCA CBI. 2003, Contact: Capt. Stephanie (Docket Nos. CPO 2–396–000 and PF List of Subjects Dawley, (623) 856–3823. 01–1–000), Proposal to Construct and EIS No. 030080, Draft EIS, AFS, SC, Environmental protection, Operate a Natural Gas Pipeline and Sumter National Forest Revised Land Confidential business information. Associated Above Ground Facilities, and Resource Management Plan, Extending from east of Clendenin, Dated: February 26, 2003. Implementation, Oconee, Chester, Kanawha County, WV, VA and Allan S. Abramson, Fairfield, Laurens, Newberry, Union- Granville County, NC, Wait Period Director, Information Management Division, Abbeville, Edgefield, Greenwood, Ends: April 7, 2003, Contact: Magalie Office of Pollution Prevention and Toxics. McCormick and Saluda Counties, SC, R. Salas (202) 502–8659. [FR Doc. 03–5318 Filed 3–6–03; 8:45 am] Comment Period Ends: April 21, EIS No. 030087, Draft Supplement, AFS, BILLING CODE 6560–50–S 2003, Contact: Jerome Thomas (803) MT, Keystone-Quartz Ecosystem 561–4000. Management Implementation, EIS No. 030081, Final Supplement, Updated Information on Alternatives, ENVIRONMENTAL PROTECTION AFS, AK, Tongass Land Management Beaverhead-Deerlodge National AGENCY Plan Revision for Roadless Area Forest, Wise River Ranger District, Evaluation for Wilderness [ER–FRL–6638–2] Beaverhead County, MT, Comment Recommendations, Implementation, Period Ends: April 21, 2003, Contact: Environmental Impact Statements; Tongas National Forest, AK, Wait Cindy Tencick (406) 683–3930. Notice of Availability Period Ends: April 7, 2003, Contact: Thomas Puchlerz (907) 228–6202. Amended Notices AGENCY: Office of Federal Activities, EIS No. 030082, Final Supplement, EIS No. 030072, Draft EIS, COE, IL, General Information (202) 564–7167 or COE, Missouri River Fish and Programmatic EIS—East St. Louis and http://www.epa.gov/compliance/nepa/ Wildlife Mitigation Project to Restore Vicinity, Illinois Ecosystem Weekly receipt of Environmental Impact Fish and Wildlife Habitat Losses Restoration and Flood Damage Statements Resulting from Construction, Reduction Project, Implementation,

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Madison and St. Clair Counties, IL, in the proposal, therefore EPA has no Summary: EPA previous issues have Comment Period Ends: May 7, 2003, objection to the action as proposed. been resolved, therefore EPA has no Contact: Deborah Roush (314) 331– ERP No. D–SFW–L64048–WA Rating objection to the action as proposed. 8033. EC2, Nisqually National Wildlife Refuge Dated: March 4, 2003. (NWR) Comprehensive Conservation Joseph C. Montgomery, Revision of FR Notice Published FR 2– Plan, Adoption and Implementation, 28–03 Director, NEPA Compliance Division, Office Puget Sound, Nisqually River Delta, of Federal Activities. Thurston and Pierce Counties, WA. Correction to Website Address: [FR Doc. 03–5483 Filed 3–6–03; 8:45 am] This document is available on the Summary: EPA expressed Internet at: http:// environmental concerns related to the BILLING CODE 6560–50–P www.mvs.usace.army.mil/pm/ Purpose and Need Statement, pmmain.htm. discussion of potential cooperative ENVIRONMENTAL PROTECTION Dated: March 4, 2003 shareholders, ecological connectivity, AGENCY Joseph C. Montgomery, wetlands, potential hazardous waste sites, and agricultural facilities [FRL–7460–3] Director, NEPA Compliance Division, Office decommissioning. of Federal Activities. Meeting of the Local Government ERP No. D–SFW–L99008–WA Rating [FR Doc. 03–5482 Filed 3–7–03; 8:45 am] Advisory Committee EC2, Daybreak Mine Expansion and BILLING CODE 6560–50–P Habitat Enhancement Project, Habitat AGENCY: Environmental Protection Conservation Plan and Issuance of a Agency (EPA). ENVIRONMENTAL PROTECTION Multiple Species Permit for Incidental ACTION: Notice. AGENCY Take, Implementation, Clark County, WA. SUMMARY: The Local Government [ER–FRL–6638–3] Summary: EPA expressed Advisory Committee (LGAC) will meet environmental concerns over the need on March 27–28, 2003, in Atlanta, GA. Environmental Impact Statements and for a more explicit demonstration that As part of its mission to advise the Regulations; Availability of EPA the action alternatives would fulfill the Environmental Protection Agency on Comments Endangered Species Act goal of matters impacting local governments’ Availability of EPA comments recovering endangered species ability to effectively and efficiently prepared pursuant to the Environmental populations. EPA also expressed manage environmental programs, the Review Process (ERP), under section concerns over the need for additional Committee will both meet in plenary 309 of the Clean Air Act and section information about impacts to fish sessions and as individual working 102(2)(c) of the National Environmental habitat, as well as the limited scope of groups for the purposes of fact finding Policy Act as amended. Requests for the analysis of indirect and cumulative and the development of copies of EPA comments can be directed effects. recommendations for the Agency. to the Office of Federal Activities at Final EISs Topics scheduled to be considered (202) 564–7167. An explanation of the include: the working relationship of ratings assigned to draft environmental ERP No. F–AFS–L65392–ID, Middle- local governments and regional offices, impact statements (EISs) was published Black Analysis Project, Vegetation current air quality topics, solid waste in FR dated April 12, 2002 (67 FR Management, Watershed Restoration and water issues in the Atlanta 17992). and Noxious Weed Activities Aimed at Metropolitan area, environmental Ecosystem Restoration, Clearwater management systems, using Draft EISs National Forest, North Fork Ranger environmental indicators, and building ERP No. D–COE–K35043–CA Rating District, Clearwater County, ID. coordination between local EC2, Port of Long Beach Pier J South Summary: No formal comment letter governments, states and EPA. In Terminal Development, Port Terminals was sent to the preparing agency. addition, the Committee will consider Dredging and Landfilling, ERP No. F–COE–H35005–KS, KS–10, its plans for the next year and its Modernization and Expansion, US Highway (commonly known as South organization, structure and charter. Army COE Section 10 and 404 Permits Lawrence Trafficway) Relocation, The Committee will hear comments Issuance, City of Long Beach, CA. Issuance or Denial of U.S. Army COE from the public between 2:30 p.m.–2:45 Summary: EPA expressed Section 404 Permit Request, Lawrence p.m., March 27. Each individual or environmental concerns and requested City, Douglas County, KS. organization wishing to address the additional information on impacts to Summary: The FEIS provided LGAC meeting will be allowed a waters of the U.S. and air quality, as clarifying information to EPA’s previous maximum of five minutes to present well as potential environmental justice objections that were based upon the their point of view. Please contact the impacts on communities surrounding potential for roadway contaminants to Designated Federal Officer (DFO) at the the Port of Long Beach. degrade the Baker Wetlands. EPA number listed below to schedule agenda ERP No. D–NPS–E65061–FL Rating recommended that any Clean Water Act time. Time will be allotted on a first LO, Biscayne National Park General 404 permit be issued with special come, first served basis, and the total Management Plan Amendment, conditions consistent with the U.S. period for comments may be extended, Evaluation of the Effects of Several Army Corps of Engineers recent if the number of requests for Alternatives for the Long-Term Wetlands Mitigation Regulatory appearances required it. Management Plan, Stillsville, Biscayne Guidance Letter (RGL No. 02–2). These are open meetings and all National Park, Homestead, Miami-Dade ERP No. F–NRC–E06021–NC, Generic interested persons are invited to attend. County, FL. EIS—McGuire Nuclear Power Station LGAC meeting minutes and Summary: EPA’s review has not Units 1 and 2, Supplement 8 to Subcommittee summary notes will be identified any potential environmental NUREG–1437, Located on the Shore of available after the meetings and can be impacts requiring substantive changes Lake Norman, Mecklenburg County, NC. obtained by written request from the

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DFO. Members of the public are Environmental Protection Agency, 1200 An electronic version of the public requested to call the DFO at the number Pennsylvania Ave., NW., Washington, docket is available through EPA’s listed below if planning to attend so that DC 20460–0001; telephone number: electronic public docket and comment arrangements can be made to (703) 308–9354; e-mail address: system, EPA Dockets. You may use EPA comfortably accommodate attendees as [email protected]. Dockets at http://www.epa.gov/edocket/ much as possible, and to facilitate to submit or view public comments, SUPPLEMENTARY INFORMATION: security clearance to the meeting. access the index listing of the contents Seating will be on a first come, first I. General Information of the official public docket, and to served basis. access those documents in the public A. Does this Action Apply to Me? DATES: The Local Government Advisory docket that are available electronically. Committee plenary session will begin at You may be potentially affected by Although, not all docket materials may 8:30 a.m. Thursday, March 27 and this action if you are an agricultural be available electronically, you may still conclude at 3 p.m. on March 28. producer, food manufacturer, or access any of the publicly available docket materials through the docket ADDRESSES: The meetings will be held at pesticide manufacturer. Potentially facility identified in Unit I.B.1. Once in the EPA’s Region 4 Office located at 61 affected entities may include, but are the system, select ‘‘search,’’ then key in Forsyth Street, SW., (Sam Nunn Federal not limited to: • the appropriate docket ID number. Center), Atlanta, GA 30303. Plenary Crop production (NAICS 111) • Certain types of information will not sessions will be held in the Atlanta/ Animal production (NAICS 112) • Food manufacturing (NAICS 311) be placed in the EPA dockets. Augusta Rooms( 3B90) in the Third Information claimed as CBI and other floor Bridge Conference center. • Pesticide manufacturing (NAICS 32532) information whose disclosure is Additional information can be restricted by statute, which is not This listing is not intended to be obtained by writing the DFO at 1200 included in the official public docket, exhaustive, but rather provides a guide Pennsylvania Avenue, NW., (1306A), will not be available for public viewing for readers regarding entities likely to be Washington, DC 20460. in EPA’s electronic public docket. EPA’s affected by this action. Other types of FOR FURTHER INFORMATION CONTACT: The policy is that copyrighted material will entities not listed in this unit could also DFO for the Local Government Advisory not be placed in EPA’s electronic public be affected. The North American Committee (LGAC) is Paul Guthrie (202) docket but will be available only in 564–3649. Industrial Classification System printed, paper form in the official public (NAICS) codes have been provided to Dated: February 25, 2003. docket. To the extent feasible, publicly assist you and others in determining available docket materials will be made Paul N. Guthrie, whether this action might apply to Designated Federal Officer, Local Government available in EPA’s electronic public certain entities. If you have any docket. When a document is selected Advisory Committee. questions regarding the applicability of [FR Doc. 03–5473 Filed 3–6–03; 8:45 am] from the index list in EPA dockets, the this action to a particular entity, consult system will identify whether the BILLING CODE 6560–50–P the person listed under FOR FURTHER document is available for viewing in INFORMATION CONTACT. EPA’s electronic public docket. ENVIRONMENTAL PROTECTION B. How Can I Get Copies of this Although, not all docket materials may AGENCY Document and Other Related be available electronically, you may still Information? access any of the publicly available [OPP–2003–0031; FRL–7290–5] docket materials through the docket 1. Docket. EPA has established an facility identified in Unit I.B. EPA Spiroxamine; Notice of Filing Pesticide official public docket for this action intends to work towards providing Petitions to Establish Tolerances for a under docket ID number OPP–2003– electronic access to all of the publicly Certain Pesticide Chemical in or on 0031. The official public docket consists available docket materials through Food of the documents specifically referenced EPA’s electronic public docket. in this action, any public comments AGENCY: Environmental Protection For public commenters, it is received, and other information related Agency (EPA). important to note that EPA’s policy is to this action. Although a part of the that public comments, whether ACTION: Notice. official docket, the public docket does submitted electronically or on paper, SUMMARY: This notice announces the not include Confidential Business will be made available for public initial filing of pesticide petitions Information (CBI) or other information viewing in EPA’s electronic public proposing the establishment of whose disclosure is restricted by statute. docket as EPA receives them and regulations for residues of a certain The official public docket is the without change, unless the comment pesticide chemical in or on various food collection of materials that is available contains copyrighted material, CBI, or commodities. for public viewing at the Public other information whose disclosure is Information and Records Integrity DATES: Comments, identified by docket restricted by statute. When EPA Branch (PIRIB), Rm. 119, Crystal Mall ID number OPP–2003–0031, must be identifies a comment containing #2, 1921 Jefferson Davis Hwy., received on or before April 7, 2003. copyrighted material, EPA will provide Arlington, VA. This docket facility is a reference to that material in the ADDRESSES: Comments may be open from 8:30 a.m. to 4 p.m., Monday version of the comment that is placed in submitted electronically, by mail, or through Friday, excluding legal EPA’s electronic public docket. The through hand delivery/courier. Follow holidays. The docket telephone number entire printed comment, including the the detailed instructions as provided in is (703) 305–5805. copyrighted material, will be available SUPPLEMENTARY Unit I. of the 2. Electronic access. You may access in the public docket. INFORMATION. this Federal Register document Public comments submitted on FOR FURTHER INFORMATION CONTACT: electronically through the EPA Internet computer disks that are mailed or Mary Waller, Registration Division under the ‘‘Federal Register’’ listings at delivered to the docket will be (7505C), Office of Pesticide Programs, http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public

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docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the docket will be other contact information unless you docket and EPA’s electronic public scanned and placed in EPA’s electronic provide it in the body of your comment. docket. If you submit the copy that does public docket. Where practical, physical ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, objects will be photographed, and the e-mail to [email protected], mark the outside of the disk or CD ROM photograph will be placed in EPA’s Attention: Docket ID Number OPP– clearly that it does not contain CBI. electronic public docket along with a 2003–0031. In contrast to EPA’s Information not marked as CBI will be brief description written by the docket electronic public docket, EPA’s e-mail included in the public docket and EPA’s staff. system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment notice. If you have any questions about C. How and To Whom Do I Submit directly to the docket without going Comments? CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under You may submit comments EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. electronically, by mail, or through hand captures your e-mail address. E-mail delivery/courier. To ensure proper addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. period. Comments received after the iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as close of the comment period will be comments on a disk or CD ROM that possible. marked ‘‘late.’’ EPA is not required to you mail to the mailing address 2. Describe any assumptions that you consider these late comments. If you identified in Unit I.C.2. These electronic used. wish to submit CBI or information that submissions will be accepted in 3. Provide copies of any technical is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid information and/or data you used that follow the instructions in Unit I.D. Do the use of special characters and any support your views. not use EPA Dockets or e-mail to submit form of encryption. CBI or information protected by statute. 2. By mail. Send your comments to: 4. If you estimate potential burden or 1. Electronically. If you submit an Public Information and Records costs, explain how you arrived at the electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office estimate that you provide. unit, EPA recommends that you include of Pesticide Programs (OPP), 5. Provide specific examples to your name, mailing address, and an e- Environmental Protection Agency, 1200 illustrate your concerns. mail address or other contact Pennsylvania Ave., NW., Washington, 6. Make sure to submit your information in the body of your DC 20460–0001, Attention: Docket ID comments by the deadline in this comment. Also include this contact number OPP–2003–0031. notice. information on the outside of any disk 3. By hand delivery or courier. Deliver 7. To ensure proper receipt by EPA, or CD ROM you submit, and in any your comments to: Public Information be sure to identify the docket ID number cover letter accompanying the disk or and Records Integrity Branch (PIRIB), assigned to this action in the subject CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), line on the first page of your response. identified as the submitter of the Environmental Protection Agency, Rm. You may also provide the name, date, comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: due to technical difficulties or needs Docket ID number OPP–2003–0031. II. What Action is the Agency Taking? further information on the substance of Such deliveries are only accepted your comment. EPA’s policy is that EPA during the docket’s normal hours of EPA has received pesticide petitions will not edit your comment, and any operation as identified in Unit I.B.1. as follows proposing the establishment identifying or contact information and/or amendment of regulations for provided in the body of a comment will D. How Should I Submit CBI to the residues of a certain pesticide chemical be included as part of the comment that Agency? in or on various food commodities is placed in the official public docket, Do not submit information that you under section 408 of the Federal Food, and made available in EPA’s electronic consider to be CBI electronically Drug, and Cosmetic Act (FFDCA), 21 public docket. If EPA cannot read your through EPA’s electronic public docket U.S.C. 346a. EPA has determined that comment due to technical difficulties or by e-mail. You may claim this petition contains data or and cannot contact you for clarification, information that you submit to EPA as information regarding the elements set EPA may not be able to consider your CBI by marking any part or all of that forth in FFDCA section 408(d)(2); comment. information as CBI (if you submit CBI however, EPA has not fully evaluated i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside the sufficiency of the submitted data at electronic public docket to submit of the disk or CD ROM as CBI and then this time or whether the data support comments to EPA electronically is identify electronically within the disk or granting of the petition. Additional data EPA’s preferred method for receiving CD ROM the specific information that is may be needed before EPA rules on the comments. Go directly to EPA dockets CBI). Information so marked will not be petition. at http://www.epa.gov/edocket, and disclosed except in accordance with List of Subjects follow the online instructions for procedures set forth in 40 CFR part 2. submitting comments. Once in the In addition to one complete version of Environmental protection, system, select ‘‘search,’’ and then key in the comment that includes any Agricultural commodities, Feed docket ID number OPP–2003–0031. The information claimed as CBI, a copy of additives, Food additives, Pesticides system is an ‘‘anonymous access’’ the comment that does not contain the and pests, Reporting and recordkeeping system, which means EPA will not information claimed as CBI must be requirements.

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Dated: February 6, 2003. This notice includes a summary of all spiroxamine in raisin, and no tolerance Debra Edwards, three petitions prepared by Bayer is needed for grape juice. Acting Director, Registration Division, Office CropScience, the manufacturer of ii. Hops. IR-4 has received a request of Pesticide Programs. spiroxamine. from Washington State for the use of spiroxamine on hops. To support this Summary of Petitions A. Residue Chemistry request, three fields trials were The petitioners summaries of the 1. Plant metabolism. Banana and performed in the states of Washington, pesticide petitions are printed below as grape plant metabolism studies have Oregon and Idaho. In each trial, four required by FFDCA section 408(d)(3). been conducted, and the nature of the foliar applications of KWG 4168 300 CS The summary of the petition was residue is adequately understood. spaced 8–14 days apart were applied to prepared by Bayer CropScience, and Animal metabolism studies are not mature hops, and collected 12–14 days represents the view of the petitioner. required since none of the proposed following the last application. The petition summary announces the crops to be treated with spiroxamine are Spiroxamine residue levels ranged from availability of a description of the fed to livestock per EPA’s Table 1. Raw 1.9 to 10.9 ppm. analytical methods available to EPA for Agricultural and Processed iii. Banana. Twelve field trials were the detection and measurement of the Commodities and Feedstuffs Derived conducted in commercial banana pesticide chemical residues or an from Crops. plantations of the major production explanation of why no such method is 2. Analytical method. A method to areas of Latin and South America to needed. determine the total residues of compare the quantity of residues of spiroxamine using gas chromatography spiroxamine in/on bananas following Bayer CropScience has been submitted to EPA. In addition, foliar applications. In 11 trials, Interregional Research Project Number spiroxamine has been evaluated using duplicate composite samples of bananas 4 (IR-4) the multi-residue methodologies as were collected at a 0–day PHI from each published in the Food and Drug of two side-by-side or super-imposed PP 0F6122, PP 3E6518, and PP 3E6538 Administration (FDA) Pesticide plots in which the racemes (bunches) EPA has received pesticide petitions Analytical Manual, Volume I. were bagged or unbagged. In one trial, (OF6122 and 3E6538) from Bayer 3. Magnitude of residues—i. Grape. duplicate composite samples of bananas CropScience, 2 T.W. Alexander Drive, Field trials were conducted at 12 were collected at a 0–, 7–, 14–, and 21– P.O. Box 12014, Research Triangle Park, locations to evaluate the quantity of day PHI from each of the plots NC 27709 proposing, pursuant to spiroxamine, 8-(1,1-dimethylethyl)-N- containing bagged and unbagged section 408(d) of the Federal Food, ethyl-N-propyl-1,4- bananas. The highest total residue value Drug, and Cosmetic Act (FFDCA), 21 dioxaspiro[4,5]decane-2-methanamine, of spiroxamine in unwashed, bagged, U.S.C. 346a(d), to amend 40 CFR part residues in grape (fruit) following whole bananas was 0.46 ppm at a 0–day 180, by establishing tolerances for treatment of grape vines with KWG 4168 PHI. The highest total residue value of residues of spiroxamine, 8-(1,1- 300 CS. In the 11 harvest experiments spiroxamine in unwashed, unbagged, dimethylethyl)-N-ethyl-N-propyl-1,4- conducted, duplicate treated and single whole bananas was 2.44 ppm at a 0–day dioxaspiro[4,5]decane-2-methanamine control samples of grape (fruit) were PHI. The total spiroxamine residues in in or on the raw agricultural collected at 26 to 29 days following the whole bananas appeared to decline with commodities as follows: final application of KWG 4168 300 CS. time. 1. PP 0F6122 proposes tolerances for In the single decline experiment, B. Toxicological Profile grape at 1.0 parts per million (ppm) and duplicate samples of treated grape grape, raisin at 1.3 ppm. (whole fruit) were collected at 21–28–, 1. Acute toxicity—i. KWG 4168 2. PP 3E6538 proposes a tolerance for 34–, and 42–day pre-harvest intervals (spiroxamine) Technical. The acute oral banana at 3.0 ppm. (PHIs). In all trials, the highest average LD50 in male rats was 595 milligrams/ In addition, EPA has received a field trial (HAFT) residue of kilogram (mg/kg) and in female rats was pesticide petition (3E6518) from the spiroxamine observed in grape was 0.61 >500 but <560 mg/kg. The acute dermal Interregional Research Project Number 4 ppm. LD50 in rats was >1,600 and 1,068 mg/ (IR-4), Technology Centre of New Jersey, A study to evaluate the quantity of the kg for males and females, respectively. the State University of New Jersey, 681 residues of spiroxamine in grape The 4–hour inhalation LC50 in rats was U.S. Highway #1 South, North processed commodities following two 2.772 and 1.982 milligrams/liter (mg/L) Brunswick, NJ 08902-3390 proposing, foliar spray applications of KWG 4168 for males and females, respectively. pursuant to section 408(d) of FFDCA, 21 300 CS was conducted in which KWG Irritation studies in rabbits revealed U.S.C. 346a(d), to amend 40 CFR part 4168 300 CS was applied to the grape spiroxamine was severely irritating to 180, by establishing tolerances for vines at 50% fruit maturity (56–day the skin while not irritating to the eye. residues of spiroxamine, 8-(1,1- PHI), and at 80% fruit maturity (28–day Spiroxamine exhibited a skin- dimethylethyl)-N-ethyl-N-propyl-1,4- PHI), using an airblast sprayer. Control sensitizing potential in guinea pigs in dioxaspiro[4,5]decane-2-methanamine and treated grapes were harvested at 28 both the Magnusson/Kligman in or on the raw agricultural commodity days after the second application of maximization test and the Buehler patch hop at 11.0 parts per million (ppm). KWG 4168 300 CS. The grape juice and test. EPA has determined that the petitions raisins were evaluated for the residues. ii. Prosper 300. The acute oral LD50 in contains data or information regarding Total spiroxamine residues in the rats was >2,036 and >2,028 mg/kg for the elements set forth in section processed commodities were 0.434 ppm males and females, respectively. The 408(d)(2) of the FFDCA; however, EPA in grape juice and 0.831 ppm in raisins. acute dermal LD50 in rats was >5,000 has not fully evaluated the sufficiency The concentration factor for mg/kg for males and females. The 4– of the submitted data at this time or spiroxamine residues in raisins was hour inhalation LC50 in rats was >2.730 whether the data support granting of the 1.3X. No concentration of spiroxamine mg/L for both sexes. In an eye irritation petitions. Additional data may be residues occurred in grape juice. study in rabbits, minimal irritation to needed before EPA rules on the Therefore, a tolerance of 1.3 ppm is the iris and conjunctiva was observed petitions. being proposed for residues of with all irritation, resolving by 72 hours

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post-treatment. In a dermal irritation In oral developmental toxicity studies changes in the epidermis of the auricles study in rabbits, mild erythema and/or in rabbits, spiroxamine was and tails. Evidence of liver enzyme edema was observed at 72 hours post- administered by gavage during gestation induction was seen in all treatment treatment with all irritation resolving by at doses of 0, 5, 20, or 80 mg/kg bwt/ groups. The NOEL was <60 mg/kg bwt/ 14 days post-treatment. Prosper 300 did day and in a supplemental study at day for both males and females. not have the potential to induce dermal doses of 0 and 80 mg/kg bwt/day. The Spiroxamine was administered to rats sensitization in guinea pigs under maternal NOEL was 20 mg/kg bwt/day in a subchronic feeding study at dietary conditions of the Buehler patch test. based on clinical findings, reduced body concentrations of 0, 25, 125, or 625 over 2. Genotoxicty. The genotoxic action weight gain, reduced food intake and a period of 13 weeks. Effects included of spiroxamine was studied in bacteria lethality at 80 mg/kg bwt/day. The clinical signs of toxicity, reduced body and mammalian cells with the aid of NOEL for developmental toxicity was 20 weight gains, changes in hematological various in vitro test systems (Salmonella mg/kg bwt/day based on marginal parameters, and effects on the liver, microsome test, forward mutation assay, developmental toxicity (reduced fetal urinary bladder, esophagus and cytogenetic study with Chinese hamster weight and a slight increased rate of forestomach. The NOEL both male and ovary cells and unscheduled DNA spontaneous malformations) at the female was 25 ppm (equal to 1.9 and 2.7 synthesis test), and in one in vivo test highest dose level. mg/kg bw/day, respectively) based on (micronucleus test). None of the tests In a dermal developmental toxicity histopathological findings in the revealed any evidence of a mutagenic or study in rats, spiroxamine was esophagus and forestomach at 125 pwas genotoxic potential of spiroxamine. The administered for 6 hours/day during administered at dietary concentrations compound did not induce point gestation at doses of 0, 5, 20, or 80 mg/ of 0, 25, 750 or 1,500 ppm and at 0, 150, mutations, DNA damage or chromosome kg. Reduced body weight gain occurred 250 or 500 ppm over a period of 13 aberrations. in dams at 20 mg/kg and greater. Dose- weeks. Toxicological effects included 3. Reproductive and developmental related skin reactions were observed at changes in clinical chemistries, toxicity. In a reproduction study using all treated doses. Developmental increased relative liver weights, and rats, spiroxamine was administered for toxicity, such as wavy ribs, occurred in histopathological findings in the liver. 2 generations at dietary concentrations conjunction with maternal toxicity at The overall NOELs from these studies of 20, 80, or 300 ppm. Reproductive the highest dose tested. The NOELs for were 500 (equal to 16.9 mg/kg bw/day) effects such as reduced litter size at systemic and local maternal toxicity and 750 ppm (equal to 21.29 mg/kg bw/ birth and clinical signs of toxicity were 5 and <5 mg/kg, respectively. The day) for males and females, respectively, occurred at the high dose in conjunction NOEL for developmental toxicity was 20 based on liver effects. with maternal toxicity. The parental and mg/kg. Spiroxamine did not reveal any 5. Chronic toxicity. In a chronic dog reproductive no observed effect levels teratogenic potential associated with study, Spiroxamine was administered at (NOELs) were 20 ppm (equal to 2.13 dermal application. dietary concentrations of 0, 25, 75, 1,000 mg/kg body weight/day (bwt/day) and 4. Subchronic toxicity. In subacute or 2,000 ppm for a period of 52 weeks. 80 ppm (equal to 9.19 mg/kg bwt/day), dermal toxicity studies, rabbits were Effects included opthalmological respectively. treated with spiroxamine at doses findings, changes in clinical In a developmental toxicity study in ranging from 0.05 to 5 mg/kg bwt/day chemistries, mild anemia, and rats, spiroxamine was administered by for 6 hours/day over a period of 3 histopathological findings (eye and oral gavage at dose levels of 0, 10, and weeks. Systemic effects were not liver). The NOEL for both sexes was 75 25 mg/kg bwt/day and in a observed in these studies. Local ppm (equal to 2.47 and 2.48 mg/kg bw/ supplemental study at doses of 0 and irritation, increased skin fold thickness, day for males and females, respectively) 150 mg/kg bwt/day. Severe maternal and histopathological findings of the based on eye and liver effects. toxicity occurred at 150 mg/kg bwt/day skin occurred in these studies. The Rats were administered Spiroxamine resulting in the deaths of 21 of 25 overall NOELs for local and systemic for 2 years at dietary concentrations of animals. Embryotoxicity (palatoschisis effects were 0.2 and 5 mg/kg bwt/day, 0, 10, 70 or 490 ppm. Effects included and omphalocele) was observed at the respectively. reduced body weight gains, a slight high dose in conjunction with the In a 90–day feeding study, mice were increase in mortality and severe maternal toxicity. The two lower administered spiroxamine at dietary histopathological findings in the dose levels did not reveal any maternal concentrations of 0, 20, 80, 320, or 1,280 esophagus and urinary bladder. The or developmental toxicity. The results of ppm. Effects observed included clinical NOEL for both sexes was 70 ppm (equal these studies showed that the dose of signs of toxicity, decreased body weight to 4.22 and 5.67 mg/kg bw/day for males 150 mg/kg bwt/day was too high to and food consumption, changes in and females, respectively) based on obtain unequivocal results with respect hematological parameters, hyperplastic esophagus and urinary bladder effects. to embryotoxicity and teratogenicity. changes in the epidermis of the auricles The carcinogenicity potential of In another oral developmental toxicity and/or tail, and effects on the liver, Spiroxamine was investigated in rats study in rats, spiroxamine was kidney, and urinary bladder. The NOEL and mice at maximum dietary administered by gavage during gestation was 20 ppm (equal to 6.2 mg/kg bwt/ concentrations of 490 ppm (equal to at doses of 0, 10, 30, or 100 mg/kg bwt/ day) for male mice based on marginally 32.81 mg/kg bw/day) and 600 ppm day. Developmental toxicity occurred in reduced body weight development at 80 (equal to 149.8 mg/kg bw/day), conjunction with distinct maternal ppm. The NOEL for female mice was 80 respectively. No evidence of an toxicity at the highest dose tested. The ppm (equal to 28.5 mg/kg bwt/day) oncogenic potential of Spiroxamine was maternal NOEL was 30 mg/kg bwt/day based on slight morphological findings found in the long-term studies in rats based on reduced body weight gain and in the liver at 320 ppm. and mice. feed intake at 100 mg/kg bwt/day. The In another subchronic mouse study, 6. Animal metabolism. Rats were NOEL for developmental toxicity was 30 spiroxamine was administered by oral gavaged with 1 or 100 mg/kg radio- mg/kg bwt/day based on delayed gavage at doses of 0, 60, 180 or 240 mg/ labeled technical Spiroxamine. Seventy ossification, slightly reduced fetal kg. Effects observed included clinical percent of the oral low dose was weights and three cases of palatoschisis signs of toxicity, and effects of the liver, absorbed. Within 48 hours of dosing, at 100 mg/kg bwt/day. urinary bladder and hyperplastic over 97 percent of the dose was excreted

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in urine and feces. At sacrifice (48 hours following short- or long-term exposure. degradates do not leach below the 6– post dosing), the radioactivity remaining These studies revealed no primary inch depth level, and show very low in the body was below 1 percent in the endocrine effects due to Spi primary potential to leach into ground water. low dose groups and approximately 1 endocrine effects due to spiroxamine. Therefore, it can be concluded with percent and 2 percent in the male and C. Aggregate Exposure reasonable certainty that no harm will female rats, espectively, from the high result from acute or chronic aggregate 1. Dietary exposure. An aggregate risk dose group. Concentrations found in exposure to spiroxamine residues in assessment was conducted to assess the tissues and organs were relatively low: drinking water. i.e., they do not exceed 0.04 µg/g. The potential acute and chronic dietary highest concentrations were found in exposure from applications of 2. Non-dietary exposure. Spiroxamine liver, thymus and adrenals. Slightly spiroxamine on grape, hop, and banana is not registered nor are registrations smaller concentrations were observed in (imported). Novigen Sciences, Inc.’s pending for uses that would result in the thyroid, spleen, fat, ovaries and Dietary Exposure Evaluation Model non-dietary exposure. (DEEM) was used to estimate the uterus. The main metabolite in all dose D. Cumulative Effects groups is Spiroxamine oxidized to the chronic and acute dietary exposure. carboxylic acid in the t-butyl-moiety. For the acute dietary analysis, the Spiroxamine belongs to a new class of The identification rate was proposed acute reference dose (aRfD) of chemistry known as spiroketalamines. approximately 77 percent of the 0.1 mg/kg/day was used. This aRfD is Therefore, for this tolerance petition, it based on NOELs of 10 mg/kg from an recovered radioactivity in all dose is assumed that spiroxamine does not acute oral toxicity and an acute groups. have a common mechanism of toxicity 7. Metabolite toxicology. neurotoxicity screening study and with other substances and only the Toxicological studies have been applying a 100-fold uncertainty factor. potential risks of spiroxamine in its conducted on KWG 4,168 N-oxide, a For the chronic dietary analysis, the plant and animal metabolite of KWG proposed chronic reference dose cRfD of aggregate exposure are considered. 4168. In an acute oral toxicity study on 0.02 mg/kg/day was used. This cRfD is E. Safety Determination KWG 4,168 N-oxide using female rats, based on a parental toxicity NOEL of the LD50 was 707 mg/kg. In a subacute 2.13 mg/kg/day from the two-generation 1. U.S. population. Based on the toxicity study, rats were administered reproduction study and the application above aggregate food exposure estimates KWG 4168 N-oxide at dietary of a 100-fold uncertainty factor. for the overall U.S. population 8.4% of concentrations of 0, 30, 150 and 1,000 Results from the acute and chronic the aRfD and (8.8% of the cRfD), the low ppm. The highest concentration resulted dietary exposure analyses described potential for spiroxamine and its in treatment-related effects. The main below demonstrate a reasonable degradates to leach into ground water, targets were the epithelia of the certainty that no harm to the overall and the completeness of the toxicity digestive tract and the urinary bladder. U.S. population or any population data base, there is reasonable certainty A mild liver enzyme induction was subgroup will result from the use of that no harm to the U.S. population will observed without any correlating gross- spiroxamine on grape, hop, and banana. result from aggregate exposure to i. Food. An acute dietary (food) risk or micropathological findings. In a spiroxamine. subchronic study, rats were assessment was conducted using the administered KWG 4168 N-oxide at highest residue values and 100% crop 2. Infants and children. In assessing dietary concentrations of 0, 25, 125 and treated. The estimated percent of the the potential for additional sensitivity of 625 ppm, and KWG 4168 at 625 ppm. aRfD for the overall U.S. population (all infants and children to residues of Toxic effects were observed at 625 ppm seasons) at the 95 percentile are 8.4%. spiroxamine, data from developmental for both test substances. Similar effects The most highly exposed population toxicity studies in mice, rats, rabbits and included delayed body weight subgroup, non-nursing infants, had an a 2-generation reproduction study in the development, changes in clinical exposure equal to 33.3% of the aRfD at rat are considered. The developmental chemistries and micropathological the 95 percentile. These exposure toxicity studies are designed to evaluate findings of the esophagus and stomach. estimates are within EPA’s criteria of adverse effects on the developing The effects were less pronounced for acceptability. organism resulting from maternal KWG 4168 N-oxide when compared to A chronic dietary analysis was pesticide exposure during gestation. KWG 4168 (parent). Effects noted only conducted using average residue values Reproduction studies provide in animals treated with KWG 4168 and 100% crop treated. The estimated information relating to effects from percent of the cRfD for the overall U.S. included changes in hematological exposure to the pesticide on the parameters and micropathological population (all seasons) was 8.8%. For reproductive capability of mating findings of the urinary bladder the most highly exposed population animals and data on systemic toxicity. (females). The mutagenic potential of subgroup, children (1–6 years), the KWG 4168 N-oxide was studied in vitro exposure equaled 30.6% of the cRfD. Based on the above aggregate food in bacteria and mammalian cells. It did These exposure estimates are within exposure estimates for the most highly not cause mutations in vitro in the Ames EPA’s criteria of acceptability. exposed population subgroup, non- assay, the V-79-HPRT gene mutation ii. Drinking water. No monitoring data nursing infants (33.3% of the aRfD), and assay, or produce clastogenicity in the are available for residues of spiroxamine children 1–6 years (30.6% of the cRfD), chromosome aberration assay with or in ground water, and EPA has the low potential for spiroxamine and without metabolic activation. established no health advisory levels or its degradates to leach into ground 8. Endocrine disruption. The maximum contaminant levels for water, and on the completeness of the toxicology database for Spiroxamine is residues of spiroxamine in drinking toxicity data base, there is reasonable current and complete. Studies in this water. certainty that no harm to infants and database include evaluation of the Studies show low to no soil mobility children will result from aggregate potential effects on reproduction and for spiroxamine and its primary exposure to spiroxamine. development, and an evaluation of the metabolites. In addition, field studies pathology of the endocrine organs show that spiroxamine and its

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F. International Tolerances assist you and others in determining not be placed in EPA’s electronic public There are no established codex, whether this action might apply to docket but will be available only in Canadian or Mexican maximum residue certain entities. To determine whether printed, paper form in the official public levels for spiroxamine. you or your business may be affected by docket. To the extent feasible, publicly this action, you should carefully available docket materials will be made [FR Doc. 03–5316 Filed 3–6–03; 8:45 am] examine the applicability provisions. If available in EPA’s electronic public BILLING CODE 6560–50–S you have any questions regarding the docket. When a document is selected applicability of this action to a from the index list in EPA Dockets, the ENVIRONMENTAL PROTECTION particular entity, consult the person system will identify whether the FOR FURTHER INFORMATION AGENCY listed under document is available for viewing in CONTACT. EPA’s electronic public docket. [OPP–2003–0025; FRL–7289–8] Although not all docket materials may B. How Can I Get Copies of this be available electronically, you may still Document and Other Related Pyriproxyfen; Notice of Filing Pesticide access any of the publicly available Information? Petitions to Establish a Tolerance for docket materials through the docket a Certain Pesticide Chemical in or on 1. Docket. EPA has established an facility identified in Unit I.B. EPA Food official public docket for this action intends to work towards providing under docket identification (ID) number AGENCY: Environmental Protection electronic access to all of the publicly OPP–2003–0025. The official public Agency EPA). available docket materials through docket consists of the documents EPA’s electronic public docket. ACTION: Notice. specifically referenced in this action, For public commenters, it is SUMMARY: This notice announces the any public comments received, and important to note that EPA’s policy is initial filing of pesticide petitions other information related to this action. that public comments, whether proposing the establishment of Although a part of the official docket, submitted electronically or in paper, regulations for residues of a certain the public docket does not include will be made available for public pesticide chemical in or on various food Confidential Business Information CBI viewing in EPA’s electronic public commodities. or other information whose disclosure is docket as EPA receives them and restricted by statute. The official public without change, unless the comment DATES: Comments, identified by docket docket is the collection of materials that contains copyrighted material, CBI, or ID number OPP–2003–0025, must be is available for public viewing at the other information whose disclosure is received on or before April 7, 2003. Public Information and Records restricted by statute. When EPA ADDRESSES: Comments may be Integrity Branch (PIRIB), Rm. 119, identifies a comment containing submitted electronically, by mail, or Crystal Mall #2, 1921 Jefferson Davis copyrighted material, EPA will provide through hand delivery/courier. Follow Hwy., Arlington, VA. This docket a reference to that material in the the detailed instructions as provided in facility is open from 8:30 a.m. to 4 p.m., version of the comment that is placed in Unit I. of the SUPPLEMENTARY Monday through Friday, excluding legal EPA’s electronic public docket. The INFORMATION. holidays. The docket telephone number entire printed comment, including the FOR FURTHER INFORMATION CONTACT: is (703) 305–5805. copyrighted material, will be available Shaja R. Brothers, Registration Division 2. Electronic access. You may access in the public docket. (7505C), Office of Pesticide Programs, this Federal Register document Public comments submitted on Environmental Protection Agency, 1200 electronically through the EPA Internet computer disks that are mailed or Pennsylvania Ave., NW., Washington, under the ‘‘Federal Register’’ listings at delivered to the docket will be DC 20460–0001; telephone number: http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public (703) 308–3194; e-mail address: An electronic version of the public docket. Public comments that are [email protected]. docket is available through EPA’s mailed or delivered to the docket will be electronic public docket and comment scanned and placed in EPA’s electronic SUPPLEMENTARY INFORMATION: system, EPA Dockets. You may use EPA public docket. Where practical, physical I. General Information Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the to submit or view public comments, photograph will be placed in EPA’s A. Does this Action Apply to Me? access the index listing of the contents electronic public docket along with a You may be potentially affected by of the official public docket, and to brief description written by the docket this action if you are an agricultural access those documents in the public staff. producer, food manufacturer, or docket that are available electronically. C. How and to Whom Do I Submit pesticide manufacturer. Potentially Although not all docket materials may Comments? affected entities may include, but are be available electronically, you may still not limited to: access any of the publicly available You may submit comments • Crop producers (NAICS 111) docket materials through the docket electronically, by mail, or through hand • Animal production (NAICS 112) facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper • Food manufacturing (NAICS 311) the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate • Pesticide manufacturing (NAICS the appropriate docket ID number. docket ID number in the subject line on 32532) Certain types of information will not the first page of your comment. Please This listing is not intended to be be placed in the EPA Dockets. ensure that your comments are exhaustive, but rather provides a guide Information claimed as CBI and other submitted within the specified comment for readers regarding entities likely to be information whose disclosure is period. Comments received after the affected by this action. Other types of restricted by statute, which is not close of the comment period will be entities not listed in this unit could also included in the official public docket, marked ‘‘late.’’ EPA is not required to be affected. The North American will not be available for public viewing consider these late comments. If you Industrial Classification System in EPA’s electronic public docket. EPA’s wish to submit CBI or information that (NAICS) codes have been provided to policy is that copyrighted material will is otherwise protected by statute, please

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follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at the CBI or information protected by statute. 2. By mail. Send your comments to: estimate that you provide. 1. Electronically. If you submit an Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. unit, EPA recommends that you include of Pesticide Programs (OPP), 6. Make sure to submit your your name, mailing address, and an e- Environmental Protection Agency, 1200 comments by the deadline in this mail address or other contact Pennsylvania Ave., NW., Washington, notice. information in the body of your DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, comment. Also include this contact number OPP–2003–0025. be sure to identify the docket ID number information on the outside of any disk 3. By hand delivery or courier. Deliver assigned to this action in the subject or CD ROM you submit, and in any your comments to: Public Information line on the first page of your response. cover letter accompanying the disk or and Records Integrity Branch (PIRIB), You may also provide the name, date, CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), and Federal Register citation. identified as the submitter of the Environmental Protection Agency, Rm. II. What Action is the Agency Taking? comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: EPA has received a pesticide petition due to technical difficulties or needs Docket ID number OPP–2003–0025. as follows proposing the establishment further information on the substance of Such deliveries are only accepted and/or amendment of regulations for your comment. EPA’s policy is that EPA during the docket’s normal hours of residues of a certain pesticide chemical will not edit your comment, and any operation as identified in Unit I.B.1. in or on various food commodities identifying or contact information under section 408 of the Federal Food, provided in the body of a comment will D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 be included as part of the comment that Agency? U.S.C. 346a. EPA has determined that is placed in the official public docket, Do not submit information that you this petition contains data or and made available in EPA’s electronic consider to be CBI electronically information regarding the elements set public docket. If EPA cannot read your through EPA’s electronic public docket forth in FFDCA section (408(d)2); comment due to technical difficulties or by e-mail. You may claim however, EPA has not fully evaluated and cannot contact you for clarification, information that you submit to EPA as the sufficiency of the submitted data at EPA may not be able to consider your CBI by marking any part or all of that this time or whether the data support comment. information as CBI if you submit CBI on granting of the petition. Additional data i. EPA Dockets. Your use of EPA’s disk or CD ROM, mark the outside of the may be needed before EPA rules on the electronic public docket to submit disk or CD ROM as CBI and then petition. comments to EPA electronically is identify electronically within the disk or EPA’s preferred method for receiving CD ROM the specific information that is List of Subjects comments. Go directly to EPA Dockets CBI). Information so marked will not be Environmental protection, at http://www.epa.gov/edocket, and disclosed except in accordance with Agricultural commodities, Feed follow the online instructions for procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides submitting comments. Once in the In addition to one complete version of and pests, Reporting and recordkeeping system, select ‘‘search,’’ and then key in the comment that includes any requirements. docket ID number OPP–2003–0025. The information claimed as CBI, a copy of Dated: January 30, 2003. system is an ‘‘anonymous access’’ the comment that does not contain the Debra Edwards, system, which means EPA will not information claimed as CBI must be know your identity, e-mail address, or Acting Director, Registration Division, Office submitted for inclusion in the public of Pesticide Programs. other contact information unless you docket and EPA’s electronic public provide it in the body of your comment. docket. If you submit the copy that does Summaries of Petitions ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, The petitioner summaries of the e-mail to [email protected], mark the outside of the disk or CD ROM pesticide petitions are printed below as Attention: Docket ID number OPP– clearly that it does not contain CBI. required by FFDCA section 408(d)(3). 2003–0025. In contrast to EPA’s Information not marked as CBI will be The summaries of the petitions were electronic public docket, EPA’s e-mail included in the public docket and EPA’s prepared by the petitioners and system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment represent the views of the petitioners. notice. If you have any questions about The petition summary announces the directly to the docket without going CBI or the procedures for claiming CBI, through EPA’s electronic public docket, availability of a description of the please consult the person listed under analytical methods available to EPA for EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. captures your e-mail address. E-mail the detection and measurement of the addresses that are automatically E. What Should I Consider as I Prepare pesticide chemical residues or an captured by EPA’s e-mail system are My Comments for EPA? explanation of why no such method is needed. included as part of the comment that is You may find the following placed in the official public docket, and suggestions helpful for preparing your Interregional Research Project Number made available in EPA’s electronic comments: IR-4 public docket. 1. Explain your views as clearly as 2E6416, 2E6425, 2E6428, and 2E6436 iii. Disk or CD ROM. You may submit possible. comments on a disk or CD ROM that 2. Describe any assumptions that you EPA has received pesticide petitions you mail to the mailing address used. (2E6416, 2E6425, 2E6428, and 2E6436) identified in Unit I.C.2. These electronic 3. Provide copies of any technical from the Interregional Research Project submissions will be accepted in information and/or data you used that Number IR-4, 681 U.S. Highway #1 WordPerfect or ASCII file format. Avoid support your views. South, North Brunswick, NJ 08902

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proposing, pursuant to section 408(d) of food with residues at the levels pyridine and 2,5-diOH-pyridine, gave the Federal Food, Drug, and Cosmetic proposed for the tolerances. acute oral LD50 values of 124 (male) and Act (FFDCA), 21 U.S.C. 346a(d), to 3. Magnitude of residues. The 166 (female) mg/kg/bwt, and 1,105 amend 40 CFR 180.510 by establishing magnitude of residues for pyriproxyfen (male) and 1,000 (female) mg/kg/bwt, tolerances for residues of pyriproxyfen, is adequately understood for the respectively. 2-[1-methyl-2-4- proposed commodities. 4. Endocrine disruption. While specific tests, uniquely designed to phenoxyphenoxy)ethoxypyridine] in or B. Toxicological Profile on the following raw agricultural evaluate the potential effects of commodities: 1. Acute toxicity. An assessment of pyriproxyfen on mammalian endocrine 1. PP 2E6416 proposes the toxic effects caused by pyriproxyfen is systems have not been conducted, the establishment of tolerances for atemoya, discussed in Unit II.B. of the Federal toxicology of pyriproxyfen has been biriba, cherimoya, custard apple, ilama, Register dated April 4, 2001 (FRL– extensively evaluated in acute, sub- soursop, and sugar apple at 0.20 parts 6772–4) (66 FR 17883). chronic, chronic, developmental, and per million ppm (ppm). 2. Animal metabolism. The reproductive toxicology studies 2. PP 2E6425 proposes the absorption, tissue distribution, including detailed histopathology of establishment of tolerances for fig at metabolism and excretion of 14C-labeled numerous tissues. The results of these 0.30 ppm, and fig, dried at .1 ppm. pyriproxyfen were studied in rats after studies show no evidence of any 3. PP 2E6428 proposes the single oral doses of 2 or 1,000 endocrine-mediated effects and no establishment of tolerances for avocado, milligrams/kilograms body weight (mg/ pathology of the endocrine organs. black sapote, canistel, mamey sapote, kg/bwt) (phenoxyphenyl and pyridyl Consequently, Valent concludes that mango, papaya, sapodilla, and star label), and after a single oral dose of 2 pyriproxyfen does not possess apple at 1.0 ppm. mg/kg/bwt, phenoxyphenyl label only, estrogenic or endocrine disrupting 4. PP 2E6436 proposes the following 14 daily oral doses at 2 mg/ properties applicable to mammals. establishment of a tolerance for okra at kg/bwt of unlabelled material. For all 0.02 ppm. dose groups, most 88–96%) of the C. Aggregate Exposure EPA has determined that the petitions administered radiolabel was excreted in 1. Dietary exposure—i. Food. An contain data or information regarding the urine and feces within 2 days after evaluation of chronic dietary exposure the elements set forth in section radiolabeled test material dosing, and including both food and drinking water 408(d)(2) of the FFDCA; however, EPA 92–98% of the administered dose was has been performed for the U.S. has not fully evaluated the sufficiency excreted within 7 days. Seven days after population and various sub-populations of the submitted data at this time or dosing, tissue residues were generally including infants and children. No acute whether the data support granting of the low, accounting for no more than 0.3% dietary endpoint and dose was petitions. Additional data may be of the dosed 14C. Radiocarbon identified in the toxicology data base for needed before EPA rules on the concentrations in fat were the higher pyriproxyfen, therefore, the Valent petitions. This notice includes a than in other tissues analyzed. Recovery Corporation concludes that there is a summary of the petitions prepared by in tissues over time indicates that the reasonable certainty of no harm from Valent USA Corporation. potential for bioaccumulation is acute dietary exposure. minimal. There were no significant sex Chronic dietary exposure to A. Residue Chemistry or dose-related differences in excretion pyriproxyfen residues was calculated 1. Plant metabolism. The major or metabolism. for the U.S. population and 25 metabolic pathways in plants is aryl 3. Metabolite toxicology. The potential population subgroups assuming hydroxylation and cleavage of the ether for chronic toxicity is adequately tested tolerance level residues, processing linkage, followed by further metabolism by chronic exposure to the parent at the factors from residue studies, and 100% into more polar products by further maximum tolerated dose and of the crop-treated. The analyses oxidation and/or conjugation reactions. consequent chronic exposure to the included residue data for all existing However, the bulk of the radiochemical internally formed metabolites. Seven uses, pending uses, and proposed new residue on raw agricultural commodities metabolites of pyriproxyfen, 4′-OH- uses. samples remained as parent. Comparing pyriproxyfen, 5′-OH-pyriproxyfen, ii. Drinking water. Since pyriproxyfen metabolites detected and quantified desphenyl-pyriproxyfen, POPA, PYPAC, is applied outdoors to growing from cotton, apple, tomato, goat, hen, 2-OH-pyridine and 2,5-diOH-pyridine, agricultural crops, the potential exists and rat shows that there are no have been tested for mutagenicity, via for pyriproxyfen or its metabolites to significant aglycones in plants which Ames assay, and acute oral toxicity to reach ground water or surface water that are not also present in the excreta or mice. All seven metabolites were tested may be used for drinking water. Because tissues of animals. The residue of in the Ames assay with and without S9 of the physical properties of concern is best defined as the parent, at doses up to 5,000 micrograms per pyriproxyfen, it is unlikely that pyriproxyfen. plate or up to the growth inhibitory pyriproxyfen or its metabolites can 2. Analytical method. The extraction dose. The metabolites did not induce leach to potable ground water. To methodology has been validated using any significant increases in revertible quantify potential exposure from aged radiochemical residue samples colonies in any of the test strains. drinking water, surface water from metabolism studies. The methods Positive control chemicals showed concentrations for pyriproxyfen were have been validated in cottonseed, marked increases in reverting colonies. estimated using Generic Expected apples, soil, and oranges at independent The acute toxicity to mice of 4′-OH- Environmental Concentration (GENEEC) laboratories. EPA has successfully pyriproxyfen, 5′-OH-pyriproxyfen, 1.3. validated the analytical methods for desphenyl-pyriproxyfen, POPA, and 2. Non-dietary exposure. Pyriproxyfen analysis of cottonseed, pome fruit, PYPAC did not appear to markedly is currently registered for use on nutmeats, almond hulls, and fruiting differ from pyriproxyfen, with all residential non-food sites. Pyriproxyfen vegetables. The limit of detection of metabolites having acute oral lethal is the active ingredient in numerous pyriproxyfen in the methods is 0.01 dose (LD50) values greater than 2,000 registered products for flea and tick ppm which will allow monitoring of mg/kg/bwt. The two pyridines, 2-OH- control. Formulations include foggers,

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aerosol sprays, emulsifiable that a different margin of safety will be 1% of the active ingredient is available concentrates, and impregnated materials safe for infants and children. for dermal and inhalation exposure per (pet collars). With the exception of the The toxicological data base for day assumption from Draft EPA pet collar uses, consumer use of evaluating prenatal and postnatal Standard Operating Procedures (SOPs) pyriproxyfen typically results in acute toxicity for pyriproxyfen is complete for Residential Exposure Assessments and short-term intermittent exposures. with respect to current data (December 18, 1997). The assessment requirements. There are no special also assumes an absorption rate of D. Cumulative Effects prenatal or postnatal toxicity concerns 100%. This is a conservative There are no other pesticidal for infants and children, based on the assumption since the dermal absorption compounds that are structurally related results of the rat and rabbit was estimated to be 10%. The estimated to pyriproxyfen and have similar effects developmental toxicity studies or the 2- chronic term margin of exposure (MOE) on animals. In consideration of potential generation reproductive toxicity study was 61,000 for children, and 430,000 for cumulative effects of pyriproxyfen and in rats. Valent concludes that reliable adults. The risk estimates indicate that other substances that may have a data support use of the standard 100- potential risks from pet collar uses do common mechanism of toxicity, there fold uncertainty factor and that an not exceed the Agency’s level of are currently no available data or other additional uncertainty factor is not concern. reliable information indicating that any needed for pyriproxyfen to be further F. International Tolerances toxic effects produced by pyriproxyfen protective of infants and children. would be cumulative with those of other ii. Chronic dietary exposure and risk There are no presently existing Codex chemical compounds. Thus, only the infants and children. For the most maximum residue levels for potential risks of pyriproxyfen have highly exposed sub-population, pyriproxyfen. been considered in this assessment of children 1 to 6 years of age, exposure is [FR Doc. 03–5315 Filed 3–6–03; 8:45 am] calculated to be 0.007438 mg/kg/bwt aggregate exposure and effects. Valent BILLING CODE 6560–50–S will submit information for EPA to day, or 2.1% of the RfD. Using the consider concerning potential conservative exposure assumptions, the cumulative effects of pyriproxyfen percentage of the RfD that will be ENVIRONMENTAL PROTECTION consistent with the schedule established utilized by chronic dietary (food only) AGENCY exposure to residues of pyriproxyfen by EPA at (62 FR 42020 August 4, 1997) ranges from 0.002601 mg/kg/bwt day for [OPP–2003–0011; FRL–7290–1] and other subsequent EPA publications nursing infants, up to 0.007438 mg/kg/ pursuant to the Food Quality Protection Sulfentrazone; Notice of Filing bwt day for children (1 to 6 years of Act. age), 0.743 to 2.125% of the RfD, Pesticide Petitions to Establish E. Safety Determination respectively. EPA generally has no Tolerances for a Certain Pesticide concern for exposures below 100% of Chemical in or on Food 1. U.S. population. Chronic exposure the RfD because the RfD represents the to the overall U.S. population is AGENCY: Environmental Protection level at or below which daily aggregate Agency (EPA). estimated to be 0.002984 mg/kg/bwt dietary exposure over a lifetime will not ACTION: Notice. day, representing 0.9% of the Reference pose appreciable risks to human health. Dose (RfD). The results of the chronic Valent concludes that there is a SUMMARY: dietary exposure assessment This notice announces the reasonable certainty that no harm will initial filing of a pesticide petition demonstrate that estimates of chronic result to infants and children from dietary exposure for all existing, proposing the establishment of aggregate, chronic dietary exposure to regulations for residues of a certain pending and proposed uses of pyriproxyfen residues. pyriproxyfen are well below the chronic pesticide chemical in or on various food iii. Drinking water. The average 56– commodities. RfD of 0.35 mg/kg/bwt day. The day concentration predicted in the DATES: Comments, identified by docket estimated chronic dietary exposure from simulated pond water was 0.16 parts per ID number OPP–2003–0011, must be food for the overall U.S. population and billion (ppb). Using standard received on or before April 7, 2003. many non-child/infant subgroups is assumptions about body weight and from 0.002123 to 0.003884 mg/kg/bwt water consumption, the chronic ADDRESSES: Comments may be day, 0.607 to 1.100% of the RfD. exposure to pyriproxyfen from this submitted electronically, by mail, or Generally, the Agency has no cause for drinking water would be 4.57 x 10-6 and through hand delivery/courier. Follow concern if total residue contribution is 1.6 x 10-5 mg/kg/bwt day for adults and the detailed instructions as provided in less than 100% of the RfD. Valent children, respectively; 0.0046% of the Unit I. of the SUPPLEMENTARY concludes that there is a reasonable RfD 0.35 mg/kg/day for children. Based INFORMATION. certainty that no harm will result to the on this worse case analysis, the FOR FURTHER INFORMATION CONTACT: overall U.S. population or any non- contribution of water to the dietary risk Shaja R. Brothers, Registration Division child/infant subgroups from aggregate, is negligible. (7505C), Office of Pesticide Programs, chronic dietary exposure to iv. Non-dietary exposure. Chronic Environmental Protection Agency, 1200 pyriproxyfen residues. residential post-application exposure Pennsylvania Ave., NW., Washington, 2. Infants and children—i. Safety and risk assessments were conducted to DC 20460–0001; telephone number: factor for infants and children. In estimate the potential risks from pet (703) 308–3194; e-mail address: assessing the potential for additional collar uses. The risk assessment was [email protected]. sensitivity of infants and children to conducted using the following residues of pyriproxyfen, FFDCA assumptions: Application rate of 0.58 SUPPLEMENTARY INFORMATION: section 408 provides that EPA shall mg active ingredient day, average body I. General Information apply an additional margin of safety, up weight for a 1–6 year old child of 10 kg, to 10-fold, for added protection for the active ingredient dissipates A. Does this Action Apply to Me? infants and children in the case of uniformly through 365 days the label You may be potentially affected by threshold effects unless EPA determines instruct to change collar (once a year), this action if you are an agricultural

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producer, food manufacturer, or of the official public docket, and to brief description written by the docket pesticide manufacturer. Potentially access those documents in the public staff. affected entities may include, but are docket that are available electronically. C. How and To Whom Do I Submit not limited to: Although not all docket materials may Comments? • Crop production (NAICS 111) be available electronically, you may still • Animal production (NAICS 112) access any of the publicly available You may submit comments • Food manufacturing (NAICS 311) docket materials through the docket electronically, by mail, or through hand • Pesticide manufacturing (NAICS facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper 32532) the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate This listing is not intended to be the appropriate docket ID number. docket ID number in the subject line on exhaustive, but rather provides a guide Certain types of information will not the first page of your comment. Please for readers regarding entities likely to be be placed in the EPA Dockets. ensure that your comments are affected by this action. Other types of Information claimed as CBI and other submitted within the specified comment entities not listed in this unit could also information whose disclosure is period. Comments received after the be affected. The North American restricted by statute, which is not close of the comment period will be Industrial Classification System included in the official public docket, marked ‘‘late.’’ EPA is not required to (NAICS) codes have been provided to will not be available for public viewing consider these late comments. If you assist you and others in determining in EPA’s electronic public docket. EPA’s wish to submit CBI or information that whether this action might apply to policy is that copyrighted material will is otherwise protected by statute, please certain entities. To determine whether not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do you or your business may be affected by docket but will be available only in not use EPA Dockets or e-mail to submit this action, you should carefully printed, paper form in the official public CBI or information protected by statute. examine the applicability provisions in docket. To the extent feasible, publicly 1. Electronically. If you submit an insert appropriate cite to either another available docket materials will be made electronic comment as prescribed in this unit in the preamble or a section in a available in EPA’s electronic public unit, EPA recommends that you include rule. If you have any questions docket. When a document is selected your name, mailing address, and an e- regarding the applicability of this action from the index list in EPA Dockets, the mail address or other contact to a particular entity, consult the person system will identify whether the information in the body of your listed under FOR FURTHER INFORMATION document is available for viewing in comment. Also include this contact CONTACT. EPA’s electronic public docket. information on the outside of any disk or CD ROM you submit, and in any B. How Can I Get Copies of this Although not all docket materials may be available electronically, you may still cover letter accompanying the disk or Document and Other Related CD ROM. This ensures that you can be Information? access any of the publicly available docket materials through the docket identified as the submitter of the 1. Docket. EPA has established an facility identified in Unit I.B. EPA comment and allows EPA to contact you official public docket for this action intends to work towards providing in case EPA cannot read your comment under docket identification (ID) number electronic access to all of the publicly due to technical difficulties or needs OPP–2003–0011. The official public available docket materials through further information on the substance of docket consists of the documents EPA’s electronic public docket. your comment. EPA’s policy is that EPA specifically referenced in this action, For public commenters, it is will not edit your comment, and any any public comments received, and important to note that EPA’s policy is identifying or contact information other information related to this action. that public comments, whether provided in the body of a comment will Although a part of the official docket, submitted electronically or in paper, be included as part of the comment that the public docket does not include will be made available for public is placed in the official public docket, Confidential Business Information (CBI) viewing in EPA’s electronic public and made available in EPA’s electronic or other information whose disclosure is docket as EPA receives them and public docket. If EPA cannot read your restricted by statute. The official public without change, unless the comment comment due to technical difficulties docket is the collection of materials that contains copyrighted material, CBI, or and cannot contact you for clarification, is available for public viewing at the other information whose disclosure is EPA may not be able to consider your Public Information and Records restricted by statute. When EPA comment. Integrity Branch (PIRIB), Rm. 119, identifies a comment containing i. EPA Dockets. Your use of EPA’s Crystal Mall #2, 1921 Jefferson Davis copyrighted material, EPA will provide electronic public docket to submit Hwy., Arlington, VA. This docket a reference to that material in the comments to EPA electronically is facility is open from 8:30 a.m. to 4 p.m., version of the comment that is placed in EPA’s preferred method for receiving Monday through Friday, excluding legal EPA’s electronic public docket. The comments. Go directly to EPA Dockets holidays. The docket telephone number entire printed comment, including the at http://www.epa.gov/edocket, and is (703) 305–5805. copyrighted material, will be available follow the online instructions for 2. Electronic access. You may access in the public docket. submitting comments. Once in the this Federal Register document Public comments submitted on system, select ‘‘search,’’ and then key in electronically through the EPA Internet computer disks that are mailed or docket ID number OPP–2003–0011 The under the‘‘ Federal Register’’ listings at delivered to the docket will be system is an ‘‘anonymous access’’ http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public system, which means EPA will not An electronic version of the public docket. Public comments that are know your identity, e-mail address, or docket is available through EPA’s mailed or delivered to the docket will be other contact information unless you electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment. system, EPA Dockets. You may use EPA public docket. Where practical, physical ii. E-mail. Comments may be sent by Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the e-mail to [email protected], to submit or view public comments, photograph will be placed in EPA’s Attention: Docket ID Number OPP– access the index listing of the contents electronic public docket along with a 2003–0011. In contrast to EPA’s

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electronic public docket, EPA’s e-mail included in the public docket and EPA’s represents the view of FMC Corporation. system is not an ‘‘anonymous access’’ electronic public docket without prior The petitions summaries announces the system. If you send an e-mail comment notice. If you have any questions about availability of a description of the directly to the docket without going CBI or the procedures for claiming CBI, analytical methods available to EPA for through EPA’s electronic public docket, please consult the person listed under the detection and measurement of the EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. pesticide chemical residues or an captures your e-mail address. E-mail explanation of why no such method is E. What Should I Consider as I Prepare addresses that are automatically needed. captured by EPA’s e-mail system are My Comments for EPA? included as part of the comment that is You may find the following Interregional Research Project Number placed in the official public docket, and suggestions helpful for preparing your 4 and FMC Corporation made available in EPA’s electronic comments: PP (0E6149, 1E6311, 2E6405, 2E6498, public docket. 1. Explain your views as clearly as 2E6500, 0F6116, and 2F6391 iii. Disk or CD ROM. You may submit possible. comments on a disk or CD ROM that 2. Describe any assumptions that you EPA has received pesticide petitions you mail to the mailing address used. (0E6149, 1E6311, 2E6405, 2E6498, and identified in Unit I.C.2. These electronic 3. Provide copies of any technical 2E6500) from Interregional Research submissions will be accepted in information and/or data you used that Project Number (IR–4), 681 U.S. WordPerfect or ASCII file format. Avoid support your views. Highway #1 South, North Brunswick, NJ the use of special characters and any 4. If you estimate potential burden or 08902. EPA has also received pesticide form of encryption. costs, explain how you arrived at the petitions (0F6116 and 2F6391) from 2. By mail. Send your comments to: estimate that you provide. FMC Corporation, Agricultural Products Public Information and Records 5. Provide specific examples to Group, 1735 Market Street, Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. Philadelphia, PA 19103 proposing, of Pesticide Programs (OPP), 6. Make sure to submit your pursuant to section 408(d) of the Environmental Protection Agency, 1200 comments by the deadline in this FFDCA, 21 U.S.C. 346a(d), to amend 40 Pennsylvania Ave., NW., Washington, notice. CFR 180.498 by establishing tolerances DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, for residues of sulfentrazone (N-2,4- Number OPP–2003–0011. be sure to identify the docket ID number dichloro-5-[4-(difluoromethyl)-4,5- 3. By hand delivery or courier. Deliver assigned to this action in the subject dihydro-3-methyl-5-oxo-1H-1,2,4- your comments to: Public Information line on the first page of your response. triazol-1-yl]phenyl- and Records Integrity Branch (PIRIB), You may also provide the name, date, methanesulfonamide) and its Office of Pesticide Programs (OPP), and Federal Register citation. metabolites 3-hydroxymethyl- Environmental Protection Agency, Rm. II. What Action is the Agency Taking? sulfentrazone (N-2,4-dichloro-5-[4- 119, Crystal Mall #2, 1921 Jefferson (difluoromethyl)-4,5-dihydro-3- Davis Hwy., Arlington, VA, Attention: EPA has received pesticide petitions hydroxymethyl-5-oxo-1H-1,2,4-triazol-1- Docket ID Number OPP–2003–0011. proposing the establishment and/or yl]phenyl]methanesulfonamide) and 3- Such deliveries are only accepted amendment of regulations for residues desmethyl sulfentrazone (N-[2,4- during the docket’s normal hours of of a certain pesticide chemical in or on dichloro-5-[4-(difluoromethyl)-4,5- operation as identified in Unit I.B.1. various food commodities under section dihydro-5-oxo-1H-1,2,4-triazol-1- 408 of the FFDCA, 21 U.S.C. 346a. EPA yl]phenyl]methanesulfonamide) in or on D. How Should I Submit CBI To the has determined that these petitions the following raw agricultural Agency? contain data or information regarding commodities: Do not submit information that you the elements set forth in FFDCA section 1. PP 0E6149 proposes the consider to be CBI electronically 408(d)(2); however, EPA has not fully establishment of a tolerance for through EPA’s electronic public docket evaluated the sufficiency of the sunflower, seed at 0.2 parts per million or by e-mail. You may claim submitted data at this time or whether (ppm). information that you submit to EPA as the data support granting of these 2. PP 1E6311 proposes the CBI by marking any part or all of that petitions. Additional data may be establishment of tolerances for information as CBI (if you submit CBI needed before EPA rules on the horseradish, roots at 0.2 ppm, cabbage at on disk or CD ROM, mark the outside petitions. 0.2 ppm, peppermint, tops at 0.3 ppm, of the disk or CD ROM as CBI and then List of Subjects and spearmint, tops at 0.3 ppm. identify electronically within the disk or 3. PP 2E6405 proposes the CD ROM the specific information that is Environmental protection, establishment of a tolerance for potato at CBI). Information so marked will not be Agricultural commodities, Feed 0.1 ppm. disclosed except in accordance with additives, Food additives, Pesticides 4. PP 2E6498 proposes the procedures set forth in 40 CFR part 2. and pests, Reporting and recordkeeping establishment of a tolerance for bean, In addition to one complete version of requirements. lima, succulent at 0.15 ppm. the comment that includes any Dated:January 30, 2003. 5. PP 2E6500 proposes the information claimed as CBI, a copy of Debra Edwards, establishment of a tolerance for the comment that does not contain the Acting Director, Registration Division, Office asparagus at 0.15 ppm. information claimed as CBI must be of Pesticide Programs. 6. PP 0F6116 proposes the submitted for inclusion in the public establishment of tolerances for peanut docket and EPA’s electronic public Summaries of Petitions nutmeat and its processed parts at 0.2 docket. If you submit the copy that does The petitioner’s summaries of the ppm, and sugarcane and its processed not contain CBI on disk or CD ROM, pesticide petitions is printed below as parts at 0.1 ppm. mark the outside of the disk or CD ROM required by FFDCA section 408(d)(3). 7. PP 2F6391 proposes the clearly that it does not contain CBI. The summaries of the petitions was establishment of tolerances for corn, Information not marked as CBI will be prepared by FMC Corporation and field, forage at 0.25 ppm, corn, field,

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stover at 0.35 ppm; pea and bean, dried wavy ribs, and incompletely ossified or day for males and 16 mg/kg/day for shelled, except soybean, subgroup 6C at nonossified ischia or pubes occurred at females. The LOAEL for systemic and 0.15 ppm. the high-dose (250 mg/kg/day). An reproductive/development parameters EPA has determined that the petitions additional significant increase in the was 33 mg/kg/day for males and 40 mg/ contain data or information regarding high-dose fetal incidence of variations kg/day for females. Systemic effects the elements set forth in section in the sternebrae (incompletely ossified were comprised of decreased body 408(d)(2) of the FFDCA; however, EPA or unossified) was not judged to be weight gains, while reproductive/ has not fully evaluated the sufficiency treatment-related. At 250 mg/kg/day, the developmental effect at the LOAEL of the submitted data at this time or mean numbers of thoracic vertebral and included degeneration and/or atrophy whether the data support granting of the rib ossification sites were significantly in the testes, with epididymal sperm petitions. Additional data may be decreased, a high-dose effect of deficits, in the second (F1) generation needed before EPA rules on the treatment with sulfentrazone consistent males. Male fertility in the F1 petitions. This notice includes with the significant treatment-related generation was reduced at higher doses; summaries of the petitions prepared by hypoplasia observed in the skeletal litter size, pup survival, and pup body FMC Corporation, Philadelphia, PA evaluation of the ribs. Therefore, the weight for both generations were also 19103. developmental (fetal) LOAEL is 250 mg/ effected at higher doses. kg/day based on decreased fetal body 4. Subchronic toxicity. A 90–day A. Residue Chemistry weight; increased incidences of fetal subchronic toxicity study was 1. Plant metabolism. The metabolism variations: Hypoplastic or wavy ribs, conducted in rats, with dietary intake of sulfentrazone in plants is adequately incompletely ossified lumbar vertebral levels of 0, 3.3, 6.7, 19.9, 65.8, 199.3, or understood for the existing and arches, and incompletely ossified ischia 534.9 mg/kg/day for males and 0, 4, 7.7, proposed tolerances. or pubes; and reduced number of 23.1, 78.1, 230.5, or 404.3 mg/kg/day for 2. Analytical method. The proposed thoracic vertebral and rib ossification females respectively. NOAELs of 19.9 analytical method for determining sites. The developmental (fetal) NOAEL mg/kg/day in males and 23.1 mg/kg/day residues of sulfentrazone is hydrolysis is 100 mg/kg/day. in females were based on clinical followed by gas chromatographic A developmental toxicity study in anemia. separation. rabbits was conducted at gavage dose A 90–day subchronic feeding study 3. Magnitude of residues. The levels of 0, 100, 250, or 375 mg/kg/day. was conducted in mice by dietary admix magnitude of residues is adequately Treatment-related incidences of at doses of 0, 10.3, 17.8, 60.0, 108.4, or understood for the proposed decreased feces and hematuria were 194.4 mg/kg/day for males and 0, 13.9, commodities. noted at 250 mg/kg/day or greater. In 29.0, 79.8, 143.6, or 257.0 mg/kg/day for females, respectively. NOAELs of 60 B. Toxicological Profile addition, at the 375 mg/kg/day dose level, 5 rabbits aborted. Significant mg/kg/day (males) and 79.8 mg/kg/day 1. Acute toxicity. A battery of acute reductions in mean body weight change (females) were based on decreases in toxicity studies placed technical were observed for the dosing period (GD body weights and/or gains; decreased sulfentrazone in toxicity categories III 7–19) and for the study duration (GD 0– erythrocytes, hemoglobin (Hgb) and and IV. No evidence of sensitization was 29, both before and after adjustment for hematocrit (HCT) values; and splenic observed following dermal application gravid uterine weight) at the 250 and microscopic pathology. in guinea pigs. In an acute neurotoxicity 375 mg/kg/day dose levels. Therefore, In a 90–day subchronic feeding study study in rats at gavage doses of 0, 750, the maternal (systemic) LOAEL is 250 in dogs administered by dietary admix or 2,000 milligrams/kilogram (mg/kg), mg/kg/day, based upon increased at doses of 0, 10, 28, or 57 mg/kg/day the no observable adverse effect level abortions, clinical signs (hematuria and for males and 0, 10, 28, or 73 mg/kg/day (NOAEL) of 250 mg/kg and the lowest decreased feces), and reduced body for females, a NOAEL of 28 mg/kg/day observable adverse effect level (LOAEL) weight gain. The maternal (systemic) was determined for both males and of 750 mg/kg were based upon increased NOAEL is 100 mg/kg/day. Skeletal females based on decreases in Hgb and incidences of clinical signs, Functional evaluation in fetuses revealed dose- HCT, elevated alkaline phosphatase Observation Battery (FOB) findings, and related and treatment-related findings at levels, increased liver weights and decreased motor activity which were the 375 mg/kg/day dose level. These microscopic liver as well as splenic reversed by day 14 post-dose. There was included significant increases in both changes. no evidence of neuropathology. the fetal and litter incidences of fused A 90–day subchronic neurotoxicity 2. Genotoxicity. A reverse gene caudal vertebrae (a malformation) and of study in the rat was conducted at mutation assay (salmonella partially fused nasal bones (a variation). dietary levels of 30, 150, or 265 mg/kg/ typhimurium) yielded negative results, In addition, at 375 mg/kg/day, day in males, and 37, 180, or 292 mg/ both with and without metabolic significant treatment-related reductions kg/day in females, with a NOAEL of 30 activation. A mouse lymphoma forward in ossification site averages were mg/kg/day in males and 37 mg/kg/day gene mutation assay yielded negative observed for metacarpals and both in females. The LOAEL was 150 mg/kg/ results with equivocal results without forepaw and hindpaw phalanges. day for males and 180 mg/kg/day for activation. A mouse micronucleus assay Therefore, the developmental (fetal) females based on increased incidences test was negative following LOAEL is 250 mg/kg/day, based upon of clinical signs, decreased body intraperitoneal injection of 340 mg/kg. increased resorptions, decreased live weights, body weight gains, and food 3. Reproductive and developmental fetuses per litter, and decreased fetal consumption in females and increased toxicity. In a dermal developmental weight. The developmental (fetal) motor activity in females at week 13. study in the rat at doses of 0, 5, 25, 50, NOAEL is 100 mg/kg/day. There were no neurohistopathological 100, and 250 mg/kg/day, a maternal A 2–generation reproduction study in effects on the peripheral or central (systemic) NOAEL was established at the rat at dietary levels of 14, 33, or 46 nervous system. 250 mg/kg/day. Significant treatment- mg/kg/day in males and 16, 40, or 56 5. Chronic toxicity. A 12–month related increases in the fetal and litter mg/kg/day in females established a feeding study in dogs was dosed at incidences of incompletely ossified NOAEL for systemic and reproductive/ levels of 0.0, 24.9, or 61.2 mg/kg/day for lumbar vertebral arches, hypoplastic or developmental parameters of 14 mg/kg/ male dogs and 0.0, 10.4, 29.6, or 61.9

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mg/kg/day for female dogs in the control consumption data from the United all adults were found to be 12,353, through high-dose groups, respectively, States Department of Agriculture 7,571, and 6,726 respectively. The acute with a NOAEL of 24.9 mg/kg/day for (USDA) Continuing Surveys of Food dietary (99.9%), non-dietary and males and 29.6 mg/kg/day for females Intake by Individuals (CSFIIs), aggregate MOE for adult females were based on hematology effects and conducted from 1994–1996. 22,857, 6,327, and 5,717 respectively. microscopic liver changes. ii. Drinking water. A Tier 1 short-term The MOE from the limited potential for An 18–month feeding/carcinogenicity drinking water exposure assessment was short-term exposure from residential study in mice was conducted with conducted to determine exposure risk of uses was >1,000. Based on these dietary intake of 0, 46.6, 93.9, 160.5, or sulfentrazone residues from assessments, it can be concluded that 337.6 mg/kg/day for males and 0, 58.0, consumption of water. This analysis there is reasonable certainty of no harm 116.9, 198.0, or 407.1 mg/kg/day for was performed utilizing EPA’s Standard to the U.S. population from exposure to females. A NOAEL of 93.9 mg/kg/day in Operating Procedure (SOP) for Drinking sulfentrazone. males and 116.9 mg/kg/day in females Water Exposure Risk Assessments (DUS 2. Infants and children. The absorbed was based on decreases in Hgb and EPA, 1997b), the absorbed (systemic) (systemic) aggregate exposure estimates HCT. There were no treatment-related aggregate exposure estimates, and water for toddlers were found to be 0.0054 increases in tumors of any kind data from FMC Corporation ground mg/kg/day. The acute dietary (99.9%), observed at any dose level. water study conducted in North non-dietary, and aggregate MOE for In a 24–month chronic feeding/ Carolina. toddlers were found to be 6,721, 2,048, carcinogenicity study in rats at dietary 2. Non-dietary exposure. The primary and 1,869 respectively. The MOE from doses of 0, 24.3, 40.0, 82.8, or 123.5 mg/ source for human non-dietary exposure the limited potential for short-term kg/day for males and 20.0, 36.4, 67.0, or to sulfentrazone will be from post- exposure from residential uses was 124.7 mg/kg/day for females, an overall application exposure to treated >1,000. Based on these assessments, it NOAEL of 40.0 mg/kg/day in males and residential turf grass. The routes of can be concluded that there is 36.4 mg/kg/day in females was based on sulfentrazone exposure were dermal reasonable certainty of no harm to hematology effects and reduced body post-application exposure for adults and infants and children from exposure to weights. There was no evidence of a toddlers, and post-application sulfentrazone. carcinogenic response. incidental ingestion of sulfentrazone The calculated drinking water levels 6. Animal metabolism. A metabolism due to the hand-to-mouth behavior of of concern for all adults, and adult study in rats indicated that toddlers. A worst case short-term non- females were estimated to be 298 parts approximately 84 to 104% of the orally dietary exposure analysis was per billion (ppb), 250 ppb, respectively. administered dose of sulfentrazone was conducted using algorithms and default These values exceed the maximum excreted in the urine, and that the factors published in EPA’s SOPs for water-monitoring residue of 42 ppb pooled urinary radioactivity consisted Residential Exposure Assessments. (from the North Carolina study). almost entirely of 3-hydroxymethyl Therefore, the data indicate a low risk D. Cumulative Effects sulfentrazone. Pooled fecal radioactivity potential due to the aggregate (food, showed that the major metabolite Cumulative exposure to substances water and residential) exposures to consisted of 3-hydroxymethyl- with common mechanism of toxicity. sulfentrazone residues. sulfentrazone (1.26 to 2.55% of the Section 408(b)(2)(D)(v) requires that, administered dose). The proposed when considering whether to establish, F. International Tolerances metabolic pathway appeared to be modify, or revoke a tolerance, the There are no Codex Alimentarius conversion of the parent compound Agency considers ‘‘available Commission (Codex) maximum residue mainly to 3-hydroxymethyl- information’’ concerning the cumulative levels for sulfentrazone. sulfentrazone (excreted in urine and effects of a particular pesticide residue [FR Doc. 03–5319 Filed 3–6–03; 8:45 am] feces). and ‘‘other substances that have a BILLING CODE 6560–50–S 7. Endocrine disruption. An common mechanism of toxicity.’’ evaluation of the potential effects on the In the case of sulfentrazone, EPA has endocrine systems of mammals has not determined that it does not have the ENVIRONMENTAL PROTECTION been determined; however, no evidence capability to apply the information in its AGENCY of such effects were reported in the files to a resolution of common [OPP–2002–0350; FRL–7285–8] chronic or reproductive toxicology mechanism issues in a manner that studies described above. There was no would be useful in a risk assessment. Notice of Filing a Pesticide Petition to observed pathology of the endocrine This tolerance determination therefore Establish a Tolerance for a Certain organs in these studies. There is no does not take into account common Pesticide Chemical in or on Food evidence at this time that sulfentrazone mechanism issues. The Agency will causes endocrine effects. reexamine the tolerances for AGENCY: Environmental Protection sulfentrazone, if reexamination is Agency (EPA). C. Aggregate Exposure appropriate, after the Agency has ACTION: Notice. 1. Dietary exposure—i. Food. A Tier determined how to apply common SUMMARY: 3 short-term exposure analysis has been mechanism issues to its pesticide risk This notice announces the performed to estimate the exposure for assessments. initial filing of a pesticide petition all adults, adult females, and toddlers (3 proposing the establishment of to 4 years of age) in the U.S. population E. Safety Determination regulations for residues of a certain for these raw commodities and 1. U.S. population. The absorbed pesticide chemical in or on various food processed commodities. This analysis (systemic) aggregate exposure estimates commodities. utilized Novigen’s (Novigen Sciences, for all adults, and adult females were DATES: Comments, identified by docket Inc.) Dietary Exposure Evaluation Model found to be 0.0015 mg/kg/day and ID number OPP–2002–0350, must be (DEEM) software; field trial data for 0.0017 mg/kg/day, respectively. The received on or before April 7, 2003. registered and pending crop uses; acute dietary (99.9%), non-dietary, and ADDRESSES: Comments may be percent crop treated information; and aggregate margin of exposure (MOE) for submitted electronically, by mail, or

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through hand delivery/courier. Follow holidays. The docket telephone number entire printed comment, including the the detailed instructions as provided in is (703) 305–5805. copyrighted material, will be available Unit I. of the SUPPLEMENTARY 2. Electronic access. You may access in the public docket. INFORMATION. this Federal Register document Public comments submitted on FOR FURTHER INFORMATION CONTACT: electronically through the EPA Internet computer disks that are mailed or Mike Mendelsohn, Biopesticides and under the ‘‘Federal Register’’ listings at delivered to the docket will be Pollution Prevention Division (7511C), http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public An electronic version of the public Office of Pesticide Programs, docket. Public comments that are docket is available through EPA’s Environmental Protection Agency, 1200 mailed or delivered to the docket will be electronic public docket and comment Pennsylvania Ave., NW., Washington, scanned and placed in EPA’s electronic system, EPA Dockets. You may use EPA DC 20460–0001; telephone number: public docket. Where practical, physical Dockets at http://www.epa.gov/edocket/ (703) 308–8715; e-mail address: objects will be photographed, and the to submit or view public comments, [email protected]. photograph will be placed in EPA’s access the index listing of the contents electronic public docket along with a SUPPLEMENTARY INFORMATION: of the official public docket, and to brief description written by the docket I. General Information access those documents in the public staff. docket that are available electronically. A. Does this Action Apply to Me? Although, not all docket materials may C. How and To Whom Do I Submit Comments? You may be potentially affected by be available electronically, you may still this action if you are an agricultural access any of the publicly available You may submit comments producer, food manufacturer or docket materials through the docket electronically, by mail, or through hand pesticide manufacturer. Potentially facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper affected categories and entities may the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate include, but are not limited to: the appropriate docket ID number. docket ID number in the subject line on • Crop production (NAICS 111) Certain types of information will not the first page of your comment. Please • Animal production (NAICS 112) be placed in the EPA Dockets. ensure that your comments are • Food manufacturing (NAICS 311) Information claimed as CBI and other submitted within the specified comment • Pesticide manufacturing (NAICS information whose disclosure is period. Comments received after the 32532) restricted by statute, which is not close of the comment period will be This listing is not intended to be included in the official public docket, marked ‘‘late.’’ EPA is not required to exhaustive, but rather provides a guide will not be available for public viewing consider these late comments. If you for readers regarding entities likely to be in EPA’s electronic public docket. EPA’s wish to submit CBI or information that affected by this action. Other types of policy is that copyrighted material will is otherwise protected by statute, please entities not listed in this unit could also not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do be affected. The North American docket but will be available only in not use EPA dockets or e-mail to submit Industrial Classification System printed, paper form in the official public CBI or information protected by statute. (NAICS) codes have been provided to docket. To the extent feasible, publicly 1. Electronically. If you submit an assist you and others in determining available docket materials will be made electronic comment as prescribed in this whether this action might apply to available in EPA’s electronic public unit, EPA recommends that you include certain entities. If you have any docket. When a document is selected your name, mailing address, and an e- questions regarding the applicability of from the index list in EPA Dockets, the mail address, or other contact this action to a particular entity, consult system will identify whether the information in the body of your the person listed under FOR FURTHER document is available for viewing in comment. Also, include this contact INFORMATION CONTACT. EPA’s electronic public docket. information on the outside of any disk Although, not all docket materials may or CD ROM you submit, and in any B. How Can I Get Copies of this be available electronically, you may still cover letter accompanying the disk or Document and Other Related access any of the publicly available CD ROM. This ensures that you can be Information? docket materials through the docket identified as the submitter of the 1. Docket. EPA has established an facility identified in Unit I.B. EPA comment and allows EPA to contact you official public docket for this action intends to work towards providing in case EPA cannot read your comment under docket (ID) number OPP–2002– electronic access to all of the publicly due to technical difficulties or needs 0350. The official public docket consists available docket materials through further information on the substance of of the documents specifically referenced EPA’s electronic public docket. your comment. EPA’s policy is that EPA in this action, any public comments For public commenters, it is will not edit your comment, and any received, and other information related important to note that EPA’s policy is identifying or contact information to this action. Although, a part of the that public comments, whether provided in the body of a comment will official docket, the public docket does submitted electronically or on paper, be included as part of the comment that not include Confidential Business will be made available for public is placed in the official public docket, Information (CBI) or other information viewing in EPA’s electronic public and made available in EPA’s electronic whose disclosure is restricted by statute. docket as EPA receives them and public docket. If EPA cannot read your The official public docket is the without change, unless the comment comment due to technical difficulties collection of materials that is available contains copyrighted material, CBI, or and cannot contact you for clarification, for public viewing at the Public other information whose disclosure is EPA may not be able to consider your Information and Records Integrity restricted by statute. When EPA comment. Branch (PIRIB), Rm. 119, Crystal Mall identifies a comment containing i. EPA dockets. Your use of EPA’s #2, 1921 Jefferson Davis Hwy., copyrighted material, EPA will provide electronic public docket to submit Arlington, VA. This docket facility is a reference to that material in the comments to EPA electronically is open from 8:30 a.m. to 4 p.m., Monday version of the comment that is placed in EPA’s preferred method for receiving through Friday, excluding legal EPA’s electronic public docket. The comments. Go directly to EPA dockets

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at http://www.epa.gov/edocket, and disclosed except in accordance with List of Subjects follow the online instructions for procedures set forth in 40 CFR part 2. Environmental protection, submitting comments. Once in the In addition to one complete version of Agricultural commodities, Feed system, select‘‘search,’’ and then key in the comment that includes any additives, Food additives, Pesticides docket ID number OPP–2002–0350. The information claimed as CBI, a copy of and pests, Reporting and recordkeeping system is an ‘‘anonymous access’’ the comment that does not contain the requirements. system, which means EPA will not information claimed as CBI must be Dated: February 28, 2003. know your identity, e-mail address, or submitted for inclusion in the public Janet L. Andersen, other contact information unless you docket and EPA’s electronic public provide it in the body of your comment. docket. If you submit the copy that does Director, Biopesticides and Pollution ii. E-mail. Comments may be sent by Prevention Division, Office of Pesticide not contain CBI on disk or CD ROM, Programs. e-mail to [email protected], mark the outside of the disk or CD ROM Attention: Docket ID number OPP– clearly that it does not contain CBI. Summary of Petition 2002–0350. In contrast to EPA’s Information not marked as CBI will be The petitioner summary of the electronic public docket, EPA’s e-mail included in the public docket and EPA’s system is not an ‘‘anonymous access’’ pesticide petition is printed below as electronic public docket without prior system. If you send an e-mail comment required by FFDCA section 408(d)(3). notice. If you have any questions about directly to the docket without going The summary of the petition was CBI, or the procedures for claiming CBI, through EPA’s electronic public docket, prepared by Mycogen/Dow please consult the person listed under EPA’s e-mail system automatically AgroSciences and represents the view of FOR FURTHER INFORMATION CONTACT. captures your e-mail address. E-mail the petitioner. The petition summary addresses that are automatically E. What Should I Consider as I Prepare announces the availability of a captured by EPA’s e-mail system are My Comments for EPA? description of the analytical methods included as part of the comment that is available to EPA for the detection and placed in the official public docket, and You may find the following measurement of the pesticide chemical made available in EPA’s electronic suggestions helpful for preparing your residues, or an explanation of why no public docket. comments: such method is needed. iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as Mycogen/Dow AgroSciences PP 0G6112 comments on a disk or CD ROM that possible. This notice of filing summarizes you mail to the mailing address 2. Describe any assumptions that you information submitted and cited by identified in Unit I.C.2. These electronic used. submissions will be accepted in Mycogen/Dow AgroSciences in support 3. Provide copies of any technical WordPerfect or ASCII file format. Avoid of a request for a temporary exemption information and/or data you used that the use of special characters and any from tolerance residues of the plant- support your views. form of encryption. incorporated protectant Bacillus 2. By mail. Send your comments to: 4. If you estimate potential burden or thuringiensis (B.t. Cry34/35Ab1 Public Information and Records costs, explain how you arrived at the Insecticidal Crystal Protein (ICP), and Integrity Branch (PIRIB) (7502C), Office estimate that you provide. the genetic material necessary for its of Pesticide Programs (OPP), 5. Provide specific examples to production in corn (formerly known as Environmental Protection Agency, 1200 illustrate your concerns. Bacillus thuringiensis (B.t.)) 149B1 protein and the genetic material Pennsylvania Ave., NW., Washington, 6. Make sure to submit your necessary for its production in corn). DC 20460–0001, Attention: Docket ID comments by the deadline in this The Mycogen/Dow AgroSciences and number OPP–2002–0350. notice. 3. By hand delivery or courier. Deliver Pioneer Hi-Bred experimental use your comments to: Public Information 7. To ensure proper receipt by EPA, permits associated with the petition are and Records Integrity Branch (PIRIB), be sure to identify the docket ID number 68467–EUP–3, 68467–EUP–5, 68467– Office of Pesticide Programs (OPP), assigned to this action in the subject EUP–T, 68467–EUP–I, 29964–EUP–1, Environmental Protection Agency, Rm. line on the first page of your response. 29964–EUP–3, 29964–EUP–U, and 119, Crystal Mall #2, 1921 Jefferson You may also provide the name, date, 29964–EUP–L. and Federal Register citation. Davis Hwy., Arlington, VA, Attention: A. Petition Summary for B.t. Cry34/ Docket ID number OPP–2002–0350. II. What Action is the Agency Taking? 35Ab1 ICP Uses Such deliveries are only accepted during the docket’s normal hours of EPA has received a pesticide petition B.t. Cry34/35Ab1 ICP is expressed in operation as identified in Unit I.B.1. as follows proposing the establishment corn plants to provide protection from and/or amendment of regulations for key coleopteran insect pests such as the D. How Should I Submit CBI To the residues of a certain pesticide chemical western corn rootworm. B.t. Cry34/ Agency? in or on various food commodities 35Ab1 transgenic plants are derived Do not submit information that you under section 408 of the Federal Food, from transformation events that contain consider to be CBI electronically Drug, and Cosmetic Act (FFDCA), 21 the insecticidal genes via a plasmid through EPA’s electronic public docket U.S.C. 346a. EPA has determined that insert. The B.t. Cry34/35Ab1 ICP poses or by e-mail. You may claim this petition contains data or no foreseeable risks to non-target information that you submit to EPA as information regarding the elements set organisms including mammals, birds, CBI by marking any part or all of that forth in FFDCA section 408(d)(2); fish, beneficial insects, and earthworms. information as CBI (if you submit CBI however, EPA has not fully evaluated B.t. Cry34/35Ab1-protected field corn on disk or CD ROM, mark the outside the sufficiency of the submitted data at provides growers with a highly of the disk or CD ROM as CBI and then this time or whether the data support efficacious tool for controlling identify electronically within the disk or granting of the petition. Additional data important insect pests in corn in a CD ROM the specific information that is may be needed before EPA rules on the manner that is fully compatible with CBI). Information so marked will not be petition. integrated pest management practices.

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B. Product Identity and Chemistry (referred to as SGF) in the presence of product, the lack of allergenic potential, The Cry34Ab1 and Cry35Ab1 genes pepsin. The Cry34Ab1(14 kDa protein) and the high degree of digestibility of were isolated from Bacillus was greater than 90% digested in SGF the proteins, are all factors in support of thuringiensis strain PS149B1 and 6.2 minutes. The Cry35Ab1 (44 kDa Mycogen/Dow AgroSciences’ assertion modified before insertion into corn protein) was greater than 97% digested that no significant risk is posed by plants. The Cry34/35Ab1 ICP has been in less than 5 minutes. Also, exposure of the U.S. population to B.t. adequately characterized. Several safety thermolability testing results showed Cry34/35Ab1 ICP. 2. Infants and children. Non-dietary studies were conducted using that the ICP was deactivated following ° ° ° exposure to infants and children is not microbially produced test substances exposure to 60 C, 75 C, and 90 C for anticipated, due to the proposed use that contained 54% of the Cry34Ab1 (14 30 minutes. A search of relevant data pattern of the product. Due to the very kDa) protein and 37% of the Cry35Ab1 bases indicated that the amino acid low toxicity of the product, the lack of (44 kDa) protein. Studies conducted to sequences of the Cry34/35Ab1 ICP allergenic potential, and the high degree establish the equivalence of the Cry34/ exhibit no significant homology to the of digestibility of the proteins, dietary 35Ab1 ICP obtained from corn or from sequences of known protein allergens. exposure is anticipated to be at very low a microbial source demonstrate that the Thus, Cry34/35Ab1 ICP is highly levels and is not anticipated to pose any materials are similar with respect to unlikely to exhibit an allergic response. The genetic material necessary for the harm to infants and children. molecular weight, immunoreactivity, production of the Cry34/35Ab1 ICP is lack of post-translational modification G. Effects on the Immune and Endocrine nucleic acid (DNA) which is common to (glycosylation) N-terminal amino acid System all forms of plant and animal life. There sequence, and spectrum of bioactivity. are no known instances where nucleic Given the high degree of digestibility A qualitative analytical method acids have caused toxic effects as a of the Cry34/35Ab1 ICP, no chronic (lateral flow immunoassay) for the result of dietary exposure. effects are expected. Cry34/35Ab1 ICP, detection of the Cry34Ab1 (14 kDa) Collectively, the available data on or metabolites of the ICP are not known protein has been submitted (MRID Cry34/35Ab1 ICP along with the safe to, or are expected to have any effect on #45383401). use history of microbial Bacillus the immune or endocrine systems. C. Mammalian Toxicity Profile thuringiensis products establishes the Proteins in general are not carcinogenic, safety of the plant-incorporated therefore, no carcinogenic risk is Cry proteins have been deployed as associated with the Cry34/35Ab1 ICP. safe and effective pest control agents in protectant B.t. Cry34/35Ab1 ICP and the microbial Bacillus thuringiensis genetic material necessary for its H. Existing Tolerances or Exemptions formulations for almost 40 years. There production in all raw agricultural from Tolerance commodities. are currently 180 registered microbial There are no existing tolerances or Bacillus thuringiensis products in the D. Aggregate Exposure exemptions from tolerance for B.t. United States for use in agriculture, Because B.t. Cry34/35Ab1 ICP is Cry34/35Ab1 ICP. forestry, and vector control. The expressed in minute quantities and is [FR Doc. 03–5620 Filed 3–7–03; 2:17 pm] numerous toxicology studies conducted retained within the plant, there is BILLING CODE 6560–50–S with these microbial products show no virtually no potential for dermal or significant adverse effects, and inhalation exposure to the protein. demonstrate that the products are Significant dietary exposure to Cry34/ ENVIRONMENTAL PROTECTION practically non-toxic to mammals. An 35Ab1 ICP is unlikely to occur. Dietary AGENCY exemption from the requirement of a exposures at very low levels, via [OPP–2003–0016; FRL–7289–3] tolerance has been in place for these ingestion of processed commodities, products since at least 1971 (40 CFR although, they may occur, are unlikely Experimental Use Permit; Receipt of 180.1011). to be problematic because of the low Application Toxicology studies conducted to toxicity and the high degree of determine the toxicity of Cry34/35Ab1 digestibility of the protein. In addition, AGENCY: Environmental Protection ICP demonstrated that the proteins have the protein is not likely to be present in Agency (EPA). very low toxicity. The acute oral LD50 of drinking water because the protein is ACTION: Notice. Cry34Ab1 (14 kDa) is greater than 5,000 deployed in minute quantities within SUMMARY: This notice announces receipt milligrams/kilogram (mg/kg), and at the plant, and studies demonstrate that 54% purity, the acute LD50 for pure of an application 68467–EUP–4 from Cry34/35Ab1 ICP is rapidly degraded in Mycogen Seeds/Dow Agrosciences LLC protein is greater than 2,700 mg/kg. The soil. In summary, the potential for acute oral LD50 of Cry35Ab1 (44 kDa) is requesting an experimental use permit significant aggregate exposure to Cry34/ (EUP) amendment/extension for greater than 5,000 mg/kg, and at 37% 35Ab1 is highly unlikely. purity, the acute LD50 for pure protein Bacillus thuringiensis moCry1F protein is greater than 1,850 mg/kg in male mice E. Cumulative Exposure and the genetic material necessary for when the proteins were tested Common modes of toxicity are not its production (plasmid insert PHP individually. When tested as a mixture relevant to consideration of the 12537) in corn. The Agency has (1:3 molar ratio of Cry34Ab1:Cry35Ab1 cumulative exposure to B.t. Cry34/ determined that the application may be of regional and national significance. proteins), the acute oral LD50 of 35Ab1 ICP. The product has PS149B1 Cry34/35Ab1 proteins in male demonstrated low toxicity, and these Therefore, in accordance with 40 CFR and female mice is greater than 5,000 effects do not appear to be cumulative 172.11(a), the Agency is soliciting mg/kg, and greater than 2,000 mg/kg of with any other known compounds. comments on this application. an equimolar (1:3) mixture of pure DATES: Comments, identified by docket proteins. F. Safety Determination ID number OPP–2003–0016, must be In in vitro studies, Cry34/35Ab1 ICP 1. U.S. population. The deployment of received on or before April 7, 2003. exhibited a high rate of digestibility the product in minute quantities within ADDRESSES: Comments may be under simulated gastric conditions the plant, the very low toxicity of the submitted electronically, by mail, or

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through hand delivery/courier. Follow electronic public docket and comment electronic public docket along with a the detailed instructions as provided in system, EPA Dockets. You may use EPA brief description written by the docket Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ staff. INFORMATION. to submit or view public comments, C. How and To Whom Do I Submit access the index listing of the contents FOR FURTHER INFORMATION CONTACT: Comments? Mike Mendelsohn, Biopesticides and of the official public docket, and to You may submit comments Pollution Prevention Division (7511C), access those documents in the public electronically, by mail, or through hand Office of Pesticide Programs, docket that are available electronically. delivery/courier. To ensure proper Environmental Protection Agency, 1200 Once in the system, select ‘‘search,’’ receipt by EPA, identify the appropriate Pennsylvania Ave., NW., Washington, then key in the appropriate docket ID docket ID number in the subject line on DC 20460–0001; telephone number: number. the first page of your comment. Please (703) 308–8715; e-mail address: Certain types of information will not ensure that your comments are [email protected]. be placed in the EPA Dockets. Information claimed as CBI and other submitted within the specified comment SUPPLEMENTARY INFORMATION: information whose disclosure is period. Comments received after the I. General Information restricted by statute, which is not close of the comment period will be included in the official public docket, marked ‘‘late.’’ EPA is not required to A. Does this Action Apply to Me? will not be available for public viewing consider these late comments. If you This action is directed to the public in EPA’s electronic public docket. EPA’s wish to submit CBI or information that in general. This action may, however, be policy is that copyrighted material will is otherwise protected by statute, please of interest to those persons who are not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do interested in agricultural biotechnology docket but will be available only in not use EPA Dockets or e-mail to submit or may be required to conduct testing of printed, paper form in the official public CBI or information protected by statute. chemical substances under the Federal docket. To the extent feasible, publicly 1. Electronically. If you submit an Food, Drug, and Cosmetic Act (FFDCA), available docket materials will be made electronic comment as prescribed in this or the Federal Insecticide, Fungicide, available in EPA’s electronic public unit, EPA recommends that you include and Rodenticide Act (FIFRA). Since docket. When a document is selected your name, mailing address, and an e- other entities may also be interested, the from the index list in EPA Dockets, the mail address or other contact Agency has not attempted to describe all system will identify whether the information in the body of your the specific entities that may be affected document is available for viewing in comment. Also include this contact by this action. If you have any questions EPA’s electronic public docket. information on the outside of any disk regarding the applicability of this action Although not all docket materials may or CD ROM you submit, and in any to a particular entity, consult the person be available electronically, you may still cover letter accompanying the disk or listed under FOR FURTHER INFORMATION access any of the publicly available CD ROM. This ensures that you can be CONTACT. docket materials through the docket identified as the submitter of the facility identified in Unit I.B.1. EPA comment and allows EPA to contact you B. How Can I Get Copies of this intends to work towards providing in case EPA cannot read your comment Document and Other Related electronic access to all of the publicly due to technical difficulties or needs Information? available docket materials through further information on the substance of 1. Docket. EPA has established an EPA’s electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2003–0016. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your Although a part of the official docket, without change, unless the comment comment due to technical difficulties the public docket does not include contains copyrighted material, CBI, or and cannot contact you for clarification, Confidential Business Information (CBI) other information whose disclosure is EPA may not be able to consider your or other information whose disclosure is restricted by statute. When EPA comment. restricted by statute. The official public identifies a comment containing i. EPA Dockets. Your use of EPA’s docket is the collection of materials that copyrighted material, EPA will provide electronic public docket to submit is available for public viewing at the a reference to that material in the comments to EPA electronically is Public Information and Records version of the comment that is placed in EPA’s preferred method for receiving Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The comments. Go directly to EPA Dockets Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the at http://www.epa.gov/edocket, and Hwy., Arlington, VA. This docket copyrighted material, will be available follow the online instructions for facility is open from 8:30 a.m. to 4 p.m., in the public docket. submitting comments. Once in the Monday through Friday, excluding legal Public comments submitted on system, select ‘‘search,’’ and then key in holidays. The docket telephone number computer disks that are mailed or docket ID number OPP–2003–0016. The is (703) 305–5805. delivered to the docket will be system is an ‘‘anonymous access’’ 2. Electronic access. You may access transferred to EPA’s electronic public system, which means EPA will not this Federal Register document docket. Public comments that are know your identity, e-mail address, or electronically through the EPA Internet mailed or delivered to the docket will be other contact information unless you under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic provide it in the body of your comment. http://www.epa.gov/fedrgstr/. public docket. Where practical, physical ii. E-mail. Comments may be sent by An electronic version of the public objects will be photographed, and the e-mail to [email protected], docket is available through EPA’s photograph will be placed in EPA’s Attention: Docket ID Number OPP–

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2003–0016. In contrast to EPA’s Information not marked as CBI will be will decide whether to issue or deny the electronic public docket, EPA’s e-mail included in the public docket and EPA’s EUP request. Any issuance of the EUP system is not an ‘‘anonymous access’’ electronic public docket without prior will be announced in the Federal system. If you send an e-mail comment notice. If you have any questions about Register. directly to the docket without going CBI or the procedures for claiming CBI, IV. What is the Agency’s Authority for through EPA’s electronic public docket, please consult the person listed under Taking this Action? EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. captures your e-mail address. E-mail The specific legal authority for EPA to addresses that are automatically E. What Should I Consider as I Prepare take this action is under FIFRA section captured by EPA’s e-mail system are My Comments for EPA? 5. You may find the following included as part of the comment that is List of Subjects placed in the official public docket, and suggestions helpful for preparing your made available in EPA’s electronic comments: Environmental protection, public docket. 1. Explain your views as clearly as Experimental use permits. iii. Disk or CD ROM. You may submit possible. comments on a disk or CD ROM that 2. Describe any assumptions that you Dated: February 28, 2003. you mail to the mailing address used. Janet L. Andersen, identified in Unit I.C.2. These electronic 3. Provide copies of any technical Director, Biopesticides and Pollution submissions will be accepted in information and/or data you used that Prevention Division, Office of Pesticide WordPerfect or ASCII file format. Avoid support your views. Programs. the use of special characters and any 4. If you estimate potential burden or [FR Doc. 03–5619 Filed 3–5–03; 2:17 pm] form of encryption. costs, explain how you arrived at the BILLING CODE 6560–50–S 2. By mail. Send your comments to: estimate that you provide. Public Information and Records 5. Provide specific examples to Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. ENVIRONMENTAL PROTECTION of Pesticide Programs (OPP), 6. Offer alternative ways to improve AGENCY Environmental Protection Agency , 1200 the notice. [FRL–7459–6] Pennsylvania Ave., NW., Washington, 7. Make sure to submit your DC 20460–0001, Attention: Docket ID comments by the deadline in this Proposed Administrative Peripheral Number OPP–2003–0016. document. Party, Inability To Pay, Cash-out 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, Agreement Under the Comprehensive your comments to: Public Information be sure to identify the docket ID number Environmental Response, and Records Integrity Branch (PIRIB), assigned to this action in the subject Compensation, and Liability Act of Office of Pesticide Programs (OPP), line on the first page of your response. 1980 Regarding the Meadowlands Environmental Protection Agency, Rm. You may also provide the name, date, Plating & Finishing Site, East 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. Rutherford, NJ Davis Hwy., Arlington, VA, Attention: II. Background Docket ID Number OPP–2003–0016. AGENCY: Environmental Protection Such deliveries are only accepted Mycogen Seeds/Dow AgroSciences Agency. during the docket’s normal hours of LLC has applied to amend/extend ACTION: Notice of proposed operation as identified in Unit I.B.1. 68467–EUP–4 for Bacillus thuringiensis administrative cash-out agreement and moCry1F protein and the genetic opportunity for public comment. D. How Should I Submit CBI To the material necessary for its production Agency? (plasmid insert PHP 12537) in corn to SUMMARY: The Environmental Protection Do not submit information that you allow the planting of 291 acres of field Agency (‘‘EPA’’) is proposing to enter consider to be CBI electronically corn to conduct insect resistance into an administrative settlement to through EPA’s electronic public docket management, agronomic observation, resolve claims under the or by e-mail. You may claim breeding and observation nursery, Comprehensive Environmental information that you submit to EPA as efficacy, maize demonstration, and Response, Compensation, and Liability CBI by marking any part or all of that herbicide tolerance study trials. The Act of 1980, as amended (‘‘CERCLA’’), information as CBI (if you submit CBI Mycogen Seeds’ program is authorized 42 U.S.C. ’’9601 et seq. In accordance on disk or CD ROM, mark the outside in the States of California, Colorado, with EPA guidance, notice is hereby of the disk or CD ROM as CBI and then Georgia, Hawaii, Illinois, Indiana, Iowa, given of a proposed administrative identify electronically within the disk or Kansas, Kentucky, Louisiana, Maryland, settlement pursuant to section 122(h)(1) CD ROM the specific information that is Michigan, Minnesota, Mississippi, of CERCLA concerning the CBI). Information so marked will not be Missouri, Nebraska, New York, North Meadowlands Plating & Finishing Site, disclosed except in accordance with Dakota, Ohio, Oklahoma, Pennsylvania, located in East Rutherford, New Jersey. procedures set forth in 40 CFR part 2. South Dakota, Texas, Virginia, and Notice is being published to inform the In addition to one complete version of Wisconsin and the Commonwealth of public of the proposed settlement and of the comment that includes any Puerto Rico. The original notice of the opportunity to comment. This information claimed as CBI, a copy of approval for this EUP published in the settlement is intended to resolve a the comment that does not contain the Federal Register on June 26, 2002 (67 responsible party’s civil liability for information claimed as CBI must be FR 43115) (FRL–7182–2). response costs incurred by EPA at the submitted for inclusion in the public Meadowlands Plating & Finishing Site. docket and EPA’s electronic public III. What Action is the Agency Taking? CERCLA provides EPA the authority to docket. If you submit the copy that does Following the review of the Mycogen settle certain claims for response costs not contain CBI on disk or CD ROM, Seeds/Dow Agrosciences LLC incurred by the United States with the mark the outside of the disk or CD ROM application and any comments and data approval of the Attorney General of the clearly that it does not contain CBI. received in response to this notice, EPA United States.

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The proposed settlement provides whether the proposed collection of Implementation of Wireless E911 that John Canavari, will pay $80,000 information is necessary for the proper Service. over 36 months, in reimbursement of performance of the functions of the Form No.: N/A. response costs incurred by EPA in Commission, including whether the Type of Review: New collection. remediating the Meadowlands Plating & information shall have practical utility; Respondents: Business or other for- Finishing site in return for a covenant the accuracy of the Commission’s profit. not sue under section 107 of CERCLA burden estimate; ways to enhance the Number of Respondents: 6 from the United States. quality, utility, and clarity of the respondents; 24 responses. DATES: Comments must be provided by information collected; and ways to Estimated Time Per Response: 8 April 7, 2003. minimize the burden of the collection of hours. ADDRESSES: Comments should be information on the respondents, Frequency of Response: On occasion addressed to the U.S. Environmental including the use of automated reporting requirement. Protection Agency, Office of Regional collection techniques or other forms of Total Annual Burden: 192 hours. Counsel, 290 Broadway—17th Floor, information technology. Total Annual Cost: N/A. New York, New York 10007–1866 and DATES: Written comments should be Needs and Uses: The Commission should refer to: In the Matter of submitted on or before April 7, 2003. If plans to seek information from six of the Meadowlands Plating & Finishing Site, you anticipate that you will be nation’s Local Exchange Carriers (LECs) John Canavari, Settling Party, U.S. EPA submitting comments, but find it regarding the status of their efforts in Region II Docket No. CERCLA–02– difficult to do so within the period of connection with wireless E911 2003–2005. time allowed by this notice, you should deployment. The information will be FOR FURTHER INFORMATION CONTACT: U.S. advise the contact listed below as soon used by the Commission to determine Environmental Protection Agency, as possible. whether the LECs are meeting their Office of Regional Counsel, 290 ADDRESSES: Direct all comments to responsibilities with respect to E911. Broadway—17th Floor, New York, New Judith Boley Herman, Federal Federal Communications Commission. York 10007–1866, Attention: Patricia C. Communications Commission, Room 1– Marlene H. Dortch, Hick, Esq. (212) 637–3137. C804, 445 12th Street, SW., DC 20554 or Secretary. SUPPLEMENTARY INFORMATION: A copy of via the Internet to [email protected]. [FR Doc. 03–5398 Filed 3–6–03; 8:45 am] the proposed administrative settlement FOR FURTHER INFORMATION CONTACT: For BILLING CODE 6712–01–P agreement, as well as background additional information or copies of the information relating to the settlement, information collection(s), contact Judith may be obtained in person or by mail Boley Herman at 202–418–0214 or via FEDERAL COMMUNICATIONS from EPA’s Region II Office of Regional the Internet at [email protected]. COMMISSION Counsel, 290 Broadway—17th Floor, SUPPLEMENTARY INFORMATION: New York, New York 10007–1866. OMB Control No.: 3060–0240. Notice of Public Information Dated: January 3, 2003. Title: Equipment Changes. Collection(s) Being Submitted to OMB William McCabe, Form No.: N/A. for Review and Approval Acting Director, Emergency & Remedial Type of Review: Revision of a February 21, 2003. Response Division. currently approved collection. SUMMARY: The Federal Communications [FR Doc. 03–5475 Filed 3–6–03; 8:45 am] Respondents: Business or other for- Commissions, as part of its continuing BILLING CODE 6560–50–P profit. Number of Respondents: 36. effort to reduce paperwork burden Estimated Time Per Response: .5–1 invites the general public and other hour. Federal agencies to take this FEDERAL COMMUNICATIONS Frequency of Response: On occasion opportunity to comment on the COMMISSION reporting requirement. following information collection, as Notice of Public Information Total Annual Burden: 24 hours. required by the Paperwork Reduction Collection(s) Being Reviewed by the Total Annual Cost: N/A. Act of 1995, Public Law 104–13. An Needs and Uses: The Commission is Federal Communications Commission agency may not conduct or sponsor a consolidating three information collection of information unless it February 27, 2003. collections into one comprehensive displays a currently valid control SUMMARY: The Federal Communications collection covering equipment changes. number. No person shall be subject to Commission, as part of its continuing All three collections are under different any penalty for failing to comply with effort to reduce paperwork burden OMB control numbers but the a collection of information subject to the invites the general public and other Commission will retain 3060–0240 as Paperwork Reduction Act (PRA) that Federal agencies to take this the active number and cancel the other does not display a valid control number. opportunity to comment on the two numbers. All three rule sections Comments are requested concerning (a) following information collection(s), as require that the licensees of various whether the proposed collection of required by the Paperwork Reduction stations notify the Commission in information is necessary for the proper Act of 1995, Public Law 104–13. An writing of equipment changes. The data performance of the functions of the agency may not conduct or sponsor a is used to maintain complete technical Commission, including whether the collection of information unless it records regarding a licensee’s facilities information shall have practical utility; displays a currently valid control and to assure that the changes made are (b) the accuracy of the Commission’s number. No person shall be subject to in compliance with current FCC rules burden estimate; (c) ways to enhance any penalty for failing to comply with and regulations. the quality, utility, and clarity of the a collection of information subject to the OMB Control No.: 3060–XXXX. information collected; and (d) ways to Paperwork Reduction Act (PRA) that Title: Potential Reporting minimize the burden of the collection of does not display a valid control number. Requirements on Local Exchange information on the respondents, Comments are requested concerning Carriers (LECs) to Assist Expeditious including the use of automated

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collection techniques or other forms of and three year reporting requirements; Respondents: Business or other for- information technology. third party disclosure. profit entities. DATES: Written comments should be Total Annual Burden: 9,100 hours. Number of Respondents: 2,000. submitted on or before April 7, 2003. If Total Estimated Cost: None. Estimated Time per Response: 4 to 12 you anticipate that you will be Needs and Uses: 47 CFR 2.948 and hours. submitting comments, but find it 15.117(g)(2) of FCC rules require that Frequency of Response: difficult to do so within the period of data accompanying all requests for Recordkeeping; annual reporting time allowed by this notice, you should equipment authorization are valid and requirements; third party disclosure. advise the contact listed below as soon that proper testing procedures are used. Total Annual Burden: 28,000 hours. Testing ensures that potential Total Annual Costs: $900,000. as possible. Needs and Uses: Pursuant to 47 CFR ADDRESSES: Direct all comments to Les interference to radio communications is controlled, and if necessary, the data 76.923, cable operators must keep Smith, Federal Communications records and file FCC Form 1205 Commission, Room 1–A804, 445 12th may be used for investigating complaints or harmful interference, or annually with the local franchise Street, SW., Washington, DC 20554 or authority (LFA) to demonstrate that via the Internet to [email protected]. for verifying the manufacturer’s compliance with FCC rules. charges for the sale and lease of FOR FURTHER INFORMATION CONTACT: For Manufacturers were no longer required equipment for installation have been additional information or copies of the developed in accordance with the FCC information collections contact Les to file UHF noise figure data documenting the performance of TV rules. The LFA uses the information Smith at (202) 418–0217 or via the derived from FCC Form 1205 filings to Internet at [email protected]. receivers tested and marketed in the U.S. following release of the FCC’s review equipment and installation rates. SUPPLEMENTARY INFORMATION: Report and Order in ET Docket No. 95– Federal Communications Commission. OMB Control Number: 3060–0176. Title: Section 73.1510, Experimental 144. Marlene H. Dortch, Authorizations. OMB Control Number: 3060–0564. Secretary. Form Number: N/A. Title: Section 76.924, Allocation to [FR Doc. 03–5399 Filed 3–6–03; 8:45 am] Type of Review: Extension of a Service Cost Categories. BILLING CODE 6712–01–P currently approved collection. From Number: N/A. Respondents: Business and other for- Type of Review: Extension of profit entities. currently approved collection. FEDERAL COMMUNICATIONS Number of Respondents: 70. Respondents: Business or other for- COMMISSION Estimated Time per Response: 2.25 to profit entities. [Report No. 2596] 5.25 hours. Number of Respondents: 50. Frequency of Response: On occasion Estimated Time per Response: 40 Petitions for Reconsideration and reporting requirements. hours. Clarification of Action in Rulemaking Total Annual Burden: 323 hours. Total Annual Burden: 2,000 hours. Proceedings Total Annual Costs: $53,375. Frequency of Response: Needs and Uses: 47 CFR 73.1510 Recordkeeping; third party disclosure. March 3, 2003. requires a licensee of an AM, FM, and Total Annual Costs: None. Petitions for Reconsideration and TV broadcast station to file an informal Needs and Uses: 47 CFR 76.924 of Clarification have been filed in the application with the FCC to request an FCC rules specifies cost accounting and Commission’s rulemaking proceedings experimental authorization to conduct cost allocation requirements for listed in this public notice and technical experimentation directed regulated cable operators. Section published pursuant to 47 CFR 1.429(e). toward improvement of the technical 76.924 was established as part of the The full text of this document is phases of operation and service. This cable rate regulation requirements set available for viewing and copying in request shall describe the nature and forth in the Cable Television Consumer Room CY–A257, 445 12th Street, SW., purpose of experimentation to be Protection and Competition Act of 1992 Washington, DC or may be purchased conducted, the nature of the (‘‘1992 Cable Act’’), which requires from the Commission’s copy contractor, experimental signal transmission, and cable operators to rearrange their Qualex International, (202) 863–2893. the proposed hours and duration of the accounting records to comply with the Oppositions to these petitions must be experimentation. FCC staff use these requirements set forth in section 76.924. filed by March 24, 2003. See section data to maintain complete technical Because these requirements became 1.4(b)(1) of the Commission’s rules (47 information about a broadcast station effective July 21, 1993, existing cable CFR 1.4(b)(1)). Replies to an opposition and to ensure that such experimentation operators are assumed to have already must be filed within 10 days after the does not cause interference to other rearranged their accounting records and time for filing oppositions has expired. broadcast stations. comply with this recordkeeping Subject: Revision of the Commission’s OMB Control Number: 3060–0398. requirement. Cable operators use the rules to ensure compatibility with Title: Equipment Authorization information derived from their Enhanced 911 Emergency Calling Measurement Standards, Sections 2.948 accounting records to complete their Systems (CC Docket No. 94–102). and 15.117(g)(2). rate filings, while the local franchising Number of Petitions Filed: 3. Form Number: N/A. Subject: Review of the Commission’s authorities use it to review these rate Type of Review: Extension of a Broadcast and Cable Equal Employment filings. currently approved collection. Opportunity rules and policies (MM Respondents: Business or other for- OMB Control Number: 3060–0703. Docket No. 98–204). profit entities. Title: Determining Costs of Regulated Number of Petitions Filed: 3. Number of Respondents: 320. Cable Equipment and Installation, FCC Estimated Time per Response: 5 to 30 Form 1205. Marlene H. Dortch, hours. Form Number: FCC 1205. Secretary. Frequency of Response: Type of Review: Extension of a [FR Doc. 03–5397 Filed 3–6–03; 8:45 am] Recordkeeping; on occasion, one-time, currently approved collection. BILLING CODE 6712–01–M

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FEDERAL MARITIME COMMISSION (Qualifying Individual), Carlos H. Address: 8055 NW., 77th Court, Suite Sanchez, Partner. 3, Medley, FL 33166. Ocean Transportation Intermediary Hansen Shipping, LLC, 223 Winnona Date Revoked: February 9, 2003. License Applicants Drive, Decatur, GA 30030. Officers: Reason: Failed to maintain a valid Peter Aaro-Hansen, President, bond. Notice is hereby given that the (Qualifying Individual). following applicants have filed with the License Number: 15255N. International Freight Logistics LLC, Federal Maritime Commission an Name: Triways Shipping Lines, Inc. 8820 South Sepulveda Blvd., Suite application for license as a non-vessel Address: 11938 South La Cienega 221B, Los Angeles, CA 90045. operating common carrier and ocean Blvd., Hawthorne, CA 90250. Officers: Clemencia T. Hilvano, freight forwarder—ocean transportation Date Revoked: February 6, 2003. President, (Qualifying Individual), intermediary pursuant to section 19 of Reason: Failed to maintain a valid Alejandro Labendia, Vice President. the Shipping Act of 1984 as amended bond. Washington Movers, Inc., 8210 License Number: 17909N. (46 U.S.C. app. 1718 and 46 CFR 515). Cinderbed Road, Lorton, VA 22029. Persons knowing of any reason why Name: Willmar International, Inc. Officer: Sam R. Ghanem, President, the following applicants should not Address: 975 Navajo Drive, Bluffton, (Qualifying Individual). OH 45817. receive a license are requested to Continental Logistic Service Inc., 325 contact the Office of Transportation Date Revoked: February 1, 2003. W. 131st Street, Los Angeles, CA Reason: Failed to maintain a valid Intermediaries, Federal Maritime 90061. Officer: Cindy H. Shin, Commission, Washington, DC 20573. bond. President, (Qualifying Individual). License Number: 2157F. Non-Vessel Operating Common Carrier Dated: March 3, 2003. Name: FNC International Inc. Ocean Transportation Intermediary Bryant L. VanBrakle, Address: 534 Eccles Avenue, So. San Applicants Secretary. Francisco, CA 94080. A.C.T. Logistics, Inc., 147–39 175th [FR Doc. 03–5345 Filed 3–6–03; 8:45 am] Date Revoked: December 23, 2002. Street, Rm. #217, Jamaica, NY 11434. BILLING CODE 6730–01–P Reason: Surrendered license Officer: Annie Chik, President, voluntarily. (Qualifying Individual). License Number: 2023F. Concord Express, Inc., 5500 W. FEDERAL MARITIME COMMISSION Name: Pike Shipping Co., Inc. Rosecrans Avenue, Hawthorne, CA Address: 2 Canal Street, 22nd Fl., 90250. Officers: William Wu, Ocean Transportation Intermediary New Orleans, LA 70130. Secretary, (Qualifying Individual), License Revocations Date Revoked: January 10, 2003. Joseph Chang, Chairman. The Federal Maritime Commission Reason: Failed to maintain a valid Kase Logistics, Inc., 6280 Manchester hereby gives notice that the following bond. Blvd., Suite #117, Buena Park, CA ocean transportation intermediary License Number: 725F. 90621. Officers: Kun Kai Chang, licenses have been revoked pursuant to Name: Fernant Export Shipping Co., President, (Qualifying Individual), section 19 of the Shipping Act of 1984 Inc. Louis Suen, Director. (46 U.S.C. app. 1718) and the Address: 401 Broadway, New York, Speedway Freight Services, Inc., 167–43 regulations of the Commission NY 10013. 148th Avenue 2nd Floor, Jamaica, NY pertaining to the licensing of ocean Date Revoked: January 31, 2003. 11434. Officer: Woong Chol Kang, transportation intermediaries, effective Reason: Surrendered license President, (Qualifying Individual). on the corresponding date shown below: voluntarily. Bestway Logistics Inc., 1611 W. License Number: 15893N. License Number: 2942F. Rosecrans Avenue, Gardena, CA Name: Altamar Shipping Services, Name: Baltimore Shipping Co., Inc. 90249. Officer: Shine Daniel Lee, Inc. Address: 1601 S. Highland Avenue, President, (Qualifying Individual). Address: 1701 N 20th Street, Tampa, Baltimore, MD 21224. J & B Logistics, Inc., 500 Carson Plaza FL 33605. Date Revoked: January 23, 2003. Drive, #109, Carson, CA 90746. Date Revoked: February 7, 2003. Reason: Failed to maintain a valid Officer: OK B. Park, President, Reason: Failed to maintain a valid bond. (Qualifying Individual). bond. License Number: 2659F. Non-Vessel Operating Common Carrier License Number: 15696N. Name: Miriam Martinez. and Ocean Freight Forwarder Name: ENC, Inc. Address: P.O. Box 11478, San Juan, Transportation Intermediary Address: 15606 Broadway Center, PR 00922. Applicants Gardena, CA 90248. Date Revoked: November 22, 2002. Alliance Overseas Shipping Inc., 326 Date Revoked: February 7, 2003. Reason: Failed to maintain a valid Troy Avenue, Brooklyn, NY 11213. Reason: Failed to maintain a valid bond. Officer: James Hubert, President, bond. License Number: 17276NF. (Qualifying Individual). License Number: 14464N. Name: Mega-Trans, Inc. Bahaghari, LLC dba DL Lawin Cargo, Name: Glo Best World Wide Shipping Address: 1080 Randolph Avenue, dba Bahaghari Express Cargo, 102 Inc. Suite #5, Rahway, NJ 07065. Route 66, Suite D, Glendora, CA Address: 110–39 Dunkirk Street, Date Revoked: November 27, 2002, 91740. Officers: Leandro R. Dinglasan, Jamaica, NY 11412. and January 16, 2003. President, (Qualifying Individual), Date Revoked: February 5, 2003. Reason: Failed to maintain valid Elizabeth Z. Dinglasan, Vice Reason: Failed to maintain a valid bonds. President. bond. License Number: 3813F. Louisiana Forwarder, 2440 Veterans License Number: 4637N. Name: Page International, Inc. Blvd., Suite K, Kenner, LA 70062. Name: Lion Cargo Brokers, Inc. dba Address: 109 Minus Avenue, #C–7, Officers: Alba L. Labrano, Partner, Polaris Ocean Line. Garden City, GA 31408.

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Date Revoked: January 31, 2003. Date Revoked: February 10, 2003. FEDERAL MARITIME COMMISSION Reason: Failed to maintain a valid Reason: Failed to maintain a valid bond. bond. Ocean Transportation Intermediary License Number: 995F. License Number: 338F. License Reissuances Name: Marine Agency of Tampa, Inc. Name: Fred P. Gaskell Company, Inc. Address: 2206 Saxon Street, Tampa, Address: P.O. Box 3157, Norfolk, VA Notice is hereby given that the FL 33605. 23514. following ocean transportation Date Revoked: January 1, 2003. Date Revoked: February 5, 2003. intermediary licenses have been Reason: Failed to maintain a valid Reason: Failed to maintain a valid reissued by the Federal Maritime bond. bond. Commission pursuant to section 19 of License Number: 2274N. License Number: 4642F. the Shipping Act of 1984, as amended Name: David K. Lindemuth Co., Inc. Name: Varko International, Corp. by the Ocean Shipping Reform Act of Address: 7700 NW., 73rd Court, dba DKL Container Line. 1998 (46 U.S.C. app. 1718) and the Address: 154 South Spruce Avenue, Medley, FL 33166. Date Revoked: February 7, 2003. regulations of the Commission So. San Francisco, CA 94080. Reason: Failed to maintain a valid pertaining to the licensing of ocean Date Revoked: February 11, 2003. bond. transportation intermediaries, 46 CFR Reason: Failed to maintain a valid 515. bond. Sandra L. Kusumoto, License Number: 279F. Director, Bureau of Consumer Complaints Name: Charles Happel, Inc. and Licensing. Address: 120 Broadway, Suite 3330, [FR Doc. 03–5347 Filed 3–6–03; 8:45 am] New York, NY 10271. BILLING CODE 6730–01–P

License No. Name/address Date reissued

17662N ...... Cargozone Trans Corporation, 19550 Dominguez Hills Drive, Rancho Dominguez, CA 90220 ...... January 11, 2003. 16848N ...... eKKa Forwarding Inc., 223 Bergen Turnpike, Bldg. 3, Ridgefield Park, NJ 07660 ...... December 15, 2001. 16996F ...... UC Bridge Inc., 13353 E. Alondra Blvd., #104, Santa Fe Springs, CA 90670 ...... November 24, 2002. 4648N ...... Mega Express, Inc., 6481 Orangethorpe Avenue, #21, Buena Park, CA 90620 ...... November 18, 2002. 16982NF ...... GKN Freight Services, Inc., 209 S. Washington Street, Van Wert, OH 45891 ...... December 27, 2002. 17754N ...... ADCOM Express, Inc. dba ADCOM Worldwide, 7424 W. 28th Street, Edina, MN 55439 ...... December 15, 2002.

Sandra L. Kusumoto, company/plant, area, government seven general areas for which financial Director, Bureau of Consumer Complaints agency, or industry; and assistance would be appropriate. and Licensing. (B) Are established for the purpose of (1) To improve communication [FR Doc. 03–5346 Filed 3–6–03; 8:45 am] improving labor-management between representatives of labor and BILLING CODE 6730–01–P relationships, job security, and management; (2) To provide workers and employers organizational effectiveness; enhancing with opportunities to study and explore economic development; or involving new and innovative joint approaches to workers in decisions affecting their FEDERAL MEDIATION AND achieving organizational effectiveness; working lives, including improving CONCILIATION SERVICE (3) To assist workers and employers communication with respect to subjects in solving problems of mutual concern Labor-Management Cooperation of mutual interest and concern. not susceptible to resolution within the Program Application Solicitation for The Program Description and other collective bargaining process; Labor-Management Committees FY sections that follow, as well as a (4) To study and explore ways of 2003 separately published FMCS Financial eliminating potential problems which and Administrative Grants Manual, A. Introduction reduce the competitiveness and inhibit make up the basic guidelines, criteria, the economic development of the The following is the final solicitation and program elements a potential company/plant, area, or industry. for the Fiscal Year (FY) 2003 cycle of applicant for assistance under this (5) To enhance the involvement of the Labor-Management Cooperation program must know in order to develop workers in making decisions that affect Program as it pertains to the support of an application for funding consideration their working lives; labor-management committees. These for either a company/plant, area-wide, (6) To expand and improve working guidelines represent the continuing industry, or public sector labor- relationships between workers and efforts of the Federal Mediation and management committee. Directions for managers; and Conciliation Service to implement the obtaining an application kit may be (7) To encourage free collective provisions of the Labor-Management found in section H. A copy of the Labor- bargaining by establishing continuing Cooperation Act of 1978, which was Management Cooperation Act of 1978, mechanisms for communication initially implemented in FY81. The Act included in the application kit, should between employers and their employees authorizes FMCS to provide assistance be reviewed in conjunction with this through Federal assistance in the in the establishment and operation of solicitation. formation and operation of labor company/plant, area, public sector, and management committees. industry-wide labor-management B. Program Description The primary objective of this program committees which: Objectives is to encourage and support the (A) Have been organized jointly by establishment and operation of joint employers and labor organizations The Labor-Management Cooperation labor-management committees to carry representing employees in that Act of 1978 identifies the following out specific objectives that meet the fore

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mentioned general criteria. The term problem(s). This section basically for when they will be finished. A ‘‘labor’’ refers to employees represented discusses WHY the effort is needed. milestone chart must be included that by a labor organization and covered by 2. Results or Benefits Expected—By indicates what specific a formal collective bargaining using specific goals and objectives, the accomplishments (process and impact) agreement. These committees may be application must discuss in detail what will be completed by month over the found at either the plant (company), the labor-management committee will life of the grant using October 1, 2003, area, industry, or public sector levels. accomplish during the life of the grant. as the start date. The accomplishment of A plant or company committee is Applications that promise to provide these tasks and objectives, as well as generally characterized as restricted to objectives after a grant is awarded will problems and delays therein, will serve one or more organizational or receive little or no credit in this area. as the basis for quarterly progress productive units operated by a single While a goal of ‘‘improving reports to FMCS. employer. An area committee is communication between employers and 5. Evaluation—Applicants must generally composed of multiple employees’’ may suffice as one over-all provide for either an external evaluation employers of diverse industries as well goal of a project, the objectives must, or an internal assessment of the project’s as multiple labor unions operating whenever possible, be expressed in success in meeting its goals and within and focusing upon a particular specific and measurable terms. objectives. An evaluation plan must be city, county, contiguous multicounty, or Applicants should focus on the developed which briefly discusses what statewide jurisdiction. An industry outcome, impacts or changes that the basic questions or issues the assessment committee generally consists of a committee’s efforts will have. Existing will examine and what baseline data the collection of agencies or enterprises and committees should focus on expansion committee staff already has or will related labor union(s) producing a efforts/results expected from FMCS gather for the assessment. This section common product or service in the funding. The goals, objectives, and private sector on a local, state, regional, should be written with the application’s projected impacts will become the own goals and objectives clearly in or nationwide level. A public sector foundation for future monitoring and committee consists of government mind and the impacts or changes that evaluation efforts of the grantee, as well the effort is expected to cause. employees and managers in one or more as the FMCS grants program. units of a local or State government, 3. Approach—This section of the 6. Letters of Commitment— managers and employees of public application specifies how the goals and Applications must include current institutions of higher education, or of objectives will be accomplished. At a letters of commitment from all proposed employees and managers of public minimum, the following elements must or existing committee participants and elementary and secondary schools. be included in all grant applications: chairpersons. These letters should Those employees must be covered by a (a) A discussion of the strategy the indicate that the participants support formal collective bargaining agreement committee will employ to accomplish the application and will attend or other enforceable labor-management its goals and objectives; scheduled committee meetings. A agreement. In deciding whether an (b) A listing, by name and title, of all blanket letter signed by a committee application is for an area or industry existing or proposed members of the chairperson or other official on behalf of committee, consideration should be labor-management committee. The all members is not acceptable. We given to the above definitions as well as application should also offer a rationale encourage the use of individual letters to the focus of the committee. for the selection of the committee submitted on company or union In FY 2003, competition will be open members (e.g., members represent 70% letterhead represented by the to company/plant, area, private of the area or company/plant individual. The letters should match the industry, and public sector committees. workforce). names provided under section 3(b). Special consideration will be given to (c) A discussion of the number, type, 7. Other Requirements—Applicants committee applications involving and role of all committee staff persons. are also responsible for the following: innovative or unique efforts. All Include proposed position descriptions application budget requests should for all staff that will have to be hired as (a) The submission of data indicating focus directly on supporting the well as resumes for staff already on approximately how many employees committee. Applicants should avoid board; noting, that grant funds may not will be covered or represented through seeking funds for activities that are be used to pay for existing employees. the labor-management committee; clearly available under other Federal (d) In addressing the proposed (b) From existing committees, a copy programs (e.g., job training, mediation of approach, applicants must also present of the existing staffing levels, a copy of contract disputes, etc.) their justification as to why Federal the by-laws (if any), a breakout of annual operating costs and Required Program Elements funds are needed to implement the proposed approach; identification of all sources and levels of 1. Problem Statement—The (e) A statement of how often the current financial support; application should have numbered committee will meet (we require (c) A detailed budget narrative based pages and discuss in detail what meetings at least every other month) as on policies and procedures contained in specific problem(s) face the company/ well as any plans to form subordinate the FMCS Financial and Administrative plant, area, government, or industry and committees for particular purposes; and Grants Manual; its workforce that will be addressed by (f) For applications from existing the committee. Applicants must committees, a discussion of past efforts (d) An assurance that the labor- document the problem(s) using as much and accomplishments and how they management committee will not relevant data as possible and discuss the would integrate with the proposed interfere with any collective bargaining full range of impacts these problem(s) expanded effort. agreements; and could have or are having on the 4. Major Milestones—This section (e) An assurance that committee company/plant, government, area, or must include an implementation plan meetings will be held at least every industry. An industrial or economic that indicates what major steps, other month and that written minutes of profile of the area and workforce might operating activities, and objectives will all committee meetings will be prepared prove useful in explaining the be accomplished as well as a timetable and made available to FMCS.

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Selection Criteria requirements under part B must be E. Dollar Range and Length of Grants The following criteria will be used in followed. Applications from third-party Awards to expand existing or the scoring and selection of applications entities must document particularly establish new labor-management for award: strong support and participation from committees will be for a period of up to (1) The extent to which the all labor and management parties with 18 months. If successful progress is application has clearly identified the whom the applicant will be working. made during this initial budget period problems and justified the needs that Applications from third-parties which and all grant funds are not obligated the proposed project will address. do not directly support the operation of within the specified period, these grants (2) The degree to which appropriate a new or expanded committee will not may be extended for up to six months. and measurable goals and objectives be deemed eligible, nor will Continuation awards are projected to be have been developed to address the applications signed by entities such as made. problems/needs of the applicant. law firms or other third-parties failing to The dollar range of awards is as (3) The feasibility of the approach meet the above criteria. follows: proposed to attain the goals and Successful grantees will be bound by —Up to $65,000 over a period of up to objectives of the project and the OMB Circular 110 i.e., ‘‘contractors that 18 months for company/plant perceived likelihood of accomplishing develop or draft specifications, committees or single department the intended project results. This requirements, statements of work, public sector applicants; section will also address the degree of invitations for bids and/or requests for —Up to $125,000 per 18-month period innovativeness or uniqueness of the proposals shall be excluded’’ (emphasis for area, industry, and multi- proposed effort. added from competing for such department public sector committee (4) The appropriateness of committee procurements). applicants. membership and the degree of Applicants who receive funding Applicants are reminded that these commitment of these individuals to the under this program in the past for figures represent maximum Federal goals of the application as indicated in committee operations are not eligible to funds only. If total costs to accomplish the letters of support. re-apply. The only exception will be the objectives of the application exceed (5) The feasibility and thoroughness made for grantees that seek funds on the maximum allowable Federal of the implementation plan in behalf of an entirely different committee funding level and its required grantee specifying major milestones and target whose efforts are totally outside of the match, applicants may supplement dates. scope of the original grant. these funds through voluntary (6) The cost effectiveness and fiscal D. Allocations contributions from other sources. soundness of the application’s budget Applicants are also strongly encouraged request, as well as the application’s The FY2003 appropriation for this to consult with their local or regional feasibility vis-a-vis its goals and program anticipated to be $1,490,250, of FMCS field office to determine what approach. which at least $1,000,000 available kinds of training may be available at no (7) The overall feasibility of the competitively for new applicants. cost before budgeting for such training proposed project in light of all of the Specific funding levels will not be in their applications. A list of our field information presented for consideration; established for each type of committee. leadership team and their phone and The review process will be conducted in numbers is included in the application (8) The value to the government of the such a manner that at least two awards kit application in light of the overall will be made in each category objectives of the Labor-Management (company/plant, industry, public sector, F. Cash Match Requirements and Cost Cooperation Act of 1978. This includes and area), provided that FMCS Availability such factors as innovativeness, site determines that at least two outstanding All applicants must provide at least location, cost, and other qualities that applications exist in each category. 10 percent of the total allowable project impact upon an applicant’s value in After these applications are selected for costs in cash. Matching funds may come encouraging the labor-management award, the remaining applications will from State or local government sources committee concept. be considered according to merit or private sector contributions, but may without regard to category. generally not include other Federal C. Eligibility In addition to the competitive process funds. Funds generated by grant- Eligible grantees include state and identified in the preceding paragraph, supported efforts are considered local units of government, labor- FMCS will set aside a sum not to exceed ‘‘project income,’’ and may not be used management committees (or a labor 30 percent of its non-reserved for matching purposes. union, management association, or appropriations to be awarded on a non- It is the policy of this program to company on behalf of a committee that competitive basis. These funds will be reject all requests for indirect or will be created through the grant), and used only to support applications that overhead costs as well as ‘‘in-kind’’ certain third-party private non-profit have been solicited by the Director of match contributions. In addition, grant entities on behalf of one or more the Service and are not subject to the funds must not be used to supplant committees to be created through the dollar range noted in Section E. All private or local/state government funds grant. Federal government agencies and funds returned to FMCS from a currently spent for committee purposes. their employees are not eligible. competitive grant award may be Funding requests from existing Third-party private, non-profit awarded on a non-competitive basis in committees should focus entirely on the entities that can document that a major accordance with budgetary costs associated with the expansion purpose or function of their requirements. efforts. Also, under no circumstances organization is the improvement of FMCS reserves the right to retain up may business or labor officials labor relations are eligible to apply. to five percent of the FY2003 participating on a labor-management However, all funding must be directed appropriation to contract for program committee be compensated out of grant to the functioning of the labor- support purposes (such as evaluation) funds for time spent at committee management committee, and all other than administration. meetings or time spent in committee

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training sessions. Applicants generally to obtain an application kit. Please FEDERAL RESERVE SYSTEM will not be allowed to claim all or a consult the FMCS Web site portion of existing full-time staff as an (www.fmcs.gov) to download forms and Formations of, Acquisitions by, and expense or match contribution. For a information. Mergers of Bank Holding Companies more complete discussion of cost These kits and additional information allowability, applicants are encouraged or clarification can be obtained free of The companies listed in this notice to consult the FY2003 FMCS Financial charge by contacting the Federal have applied to the Board for approval, and Administrative Grants Manual, Mediation and Conciliation Service, pursuant to the Bank Holding Company which will be included in the Labor-Management Grants Program, Act of 1956 (12 U.S.C. 1841 et seq.) application kit. 2100 K Street, NW., Washington, DC (BHC Act), Regulation Y (12 CFR Part G. Application Submission and Review 20427; or by calling 202–606–8181. 225), and all other applicable statutes Process John J. Toner, and regulations to become a bank holding company and/or to acquire the The Application for Federal Chief of Staff, Federal Mediation and Assistance (SF–424) form must be Conciliation Service. assets or the ownership of, control of, or signed by both a labor and management [FR Doc. 03–5442 Filed 3–6–03; 8:45 am] the power to vote shares of a bank or representative. In lieu of signing the SF– BILLING CODE 6732–01–M bank holding company and all of the 424 form representatives may type their banks and nonbanking companies name, title, and organization on plain owned by the bank holding company, bond paper with a signature line signed including the companies listed below. FEDERAL RESERVE SYSTEM and dated, in accordance with block 18 The applications listed below, as well of the SF–424 form. Applications must Change in Bank Control Notices; as other related filings required by the be postmarked no later than June 28, Acquisition of Shares of Bank or Bank Board, are available for immediate 2003. No applications or supplementary Holding Companies inspection at the Federal Reserve Bank materials will be accepted after the indicated. The application also will be deadline. It is the responsibility of the The notificants listed below have available for inspection at the offices of applicant to ensure that the U.S. Postal applied under the Change in Bank the Board of Governors. Interested Service or other carrier correctly Control Act (12 U.S.C. 1817(j)) and persons may express their views in postmarks the application. An original § 225.41 of the Board’s Regulation Y (12 writing on the standards enumerated in application containing numbered pages, CFR 225.41) to acquire a bank or bank the BHC Act (12 U.S.C. 1842(c)). If the plus three copies, should be addressed holding company. The factors that are to the Federal Mediation and considered in acting on the notices are proposal also involves the acquisition of Conciliation Service, Labor- set forth in paragraph 7 of the Act (12 a nonbanking company, the review also Management Grants Program, 2100 K U.S.C. 1817(j)(7)). includes whether the acquisition of the Street, NW., Washington, DC 20427. The notices are available for nonbanking company complies with the FMCS will not consider videotaped immediate inspection at the Federal standards in section 4 of the BHC Act submissions or video attachments to Reserve Bank indicated. The notices (12 U.S.C. 1843). Unless otherwise submissions. also will be available for inspection at noted, nonbanking activities will be After the deadline has passed, all the office of the Board of Governors. conducted throughout the United States. eligible applications will be reviewed Interested persons may express their Additional information on all bank and scored preliminarily by one or more views in writing to the Reserve Bank holding companies may be obtained Grant Review Boards. The Board(s) will indicated for that notice or to the offices from the National Information Center recommend selected applications for of the Board of Governors. Comments Web site at www.ffiec.gov/nic/. rejection or further funding must be received not later than March Unless otherwise noted, comments consideration. The Director, Labor- 21, 2003. regarding each of these applications Management Grants Programs, will A. Federal Reserve Bank of Dallas must be received at the Reserve Bank finalize the scoring and selection (W. Arthur Tribble, Vice President) 2200 indicated or the offices of the Board of process. The individual listed as contact North Pearl Street, Dallas, Texas 75201- Governors not later than March 31, person in item 6 on the application form 2272: 2003. will generally be the only person with 1. Robert C. Dunn, Jr., Hobbs, New whom FMCS will communicate during Mexico, as trustee for the Dunn Family A. Federal Reserve Bank of Dallas the application review process. Please Trust, Hobbs, New Mexico; Keith (W. Arthur Tribble, Vice President) 2200 be sure that person is available between Wayland Pearson, Gainsville, Texas; North Pearl Street, Dallas, Texas 75201- June and September of 2003. Samuel S. Spencer Jr., Hobbs, New 2272: All FY2003 grant applicants will be Mexico, as trustee for the Separate 1. Blanco National Holdings, Inc., notified of results and all grant awards Property Trust, Hobbs, New Mexico; Blanco, Texas, and Blanco National will be made before October 1, 2003. and William Trent Stradley, Seminole, Applications submitted after the June 28 Holdings of Delaware, Inc., Dover, Texas, to acquire voting common stock Delware; to become bank holding deadline date or fail to adhere to of Lea County Bancshares, Inc., Hobbs, companies by acquiring 100 percent of eligibility or other major requirements New Mexico, and indirectly acquire the voting shares of Blanco National will be administratively rejected by the voting common stock of Lea County Bank, Blanco, Texas. Director, Labor-Management Grants State Bank, Hobbs, New Mexico. Program. Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve H. Contact System, March 3, 2003. System, March 3, 2003. Robert deV. Frierson, Individuals wishing to apply for Robert deV. Frierson, funding under this program should Deputy Secretary of the Board. Deputy Secretary of the Board. contact the Federal Mediation and [FR Doc. 03–5367 Filed 3–6–03; 8:45 am] [FR Doc. 03–5366 Filed 3–6–03; 8:45 am] Conciliation Service as soon as possible BILLING CODE 6210–01–S BILLING CODE 6210–01–S

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GOVERNMENT PRINTING OFFICE DEPARTMENT OF HEALTH AND filariasis research priorities. Recent HUMAN SERVICES advances in the management of chronic Depository Library Council to the lymphedema include a prescribed Public Printer; Meeting Centers for Disease Control and hygiene and wound care intervention. Prevention This intervention has shown promising The Depository Library Council to the [30DAY–23–03] results in preventing bacterial infections Public Printer (DLC) will meet on thus reducing acute attacks, and Sunday, April 6, 2003, through Agency Forms Undergoing Paperwork anecdotally improving overall quality of Wednesday, April 9, 2003, in Reno, Reduction Act Review life, alleviating pain and preventing Nevada. The sessions will take place further suffering. The Centers for Disease Control and This pilot study will provide a micro- from 1 p.m. until 4 p.m. and 7 p.m. to Prevention (CDC) publishes a list of level perspective of women’s own 10 p.m. on Sunday, 8:30 a.m. until 5 information collection requests under experiences of living with lymphedema p.m. on Monday and Tuesday and from review by the Office of Management and and others responses to it, illuminating 8:30 a.m. until 3:30 p.m. on Wednesday. Budget (OMB) in compliance with the the nature of the disease, the The meeting will be held at the Paperwork Reduction Act (44 U.S.C. Peppermill Hotel, 2707 South Virginia Chapter 35). To request a copy of these vulnerability of those disabled by the Street, Reno, Nevada. The purpose of requests, call the CDC Reports Clearance disease, and the impact of an this meeting is to discuss the Federal Officer at (404) 498–1210. Send written intervention to influence the Depository Library Program. All comments to CDC, Desk Officer, Human consequences of having the disease. sessions are open to the public. Resources and Housing Branch, New This study will provide a better understanding, through a combination A limited number of rooms are being Executive Office Building, Room 10235, Washington, DC 20503. Written of qualitative and quantitative methods, held for Council attendees at the rate of the influence of lymphadema as well as $55 (plus tax). The rate for a Friday and/ comments should be received within 30 days of this notice. the efficacy of a lymphedema or Saturday night stay is $79 (plus tax). Proposed Project: Evaluating the management intervention in reducing Reservations can be made by dialing toll Impact of Lymphedema and a episodes of bacterial infections and free, 1–800–282–2444 or the hotel Lymphedema Management Intervention improving quality of life in women with directly at (775) 826–2121. The rate is for Women with Lymphatic Filariasis: lymphedema in two developing good for the meeting dates as well as the Understanding Issues Related to Quality countries. three (3) days prior to the meeting and of Life—New—National Center for Women will be queried through in- the three (3) days after the meeting. To Infectious Diseases (NCID), Centers for depth interviews, focus groups, and receive the Government rate, you must Disease Control and Prevention (CDC). questionnaire surveys as to the make your reservation no later than Lymphatic filariasis, a mosquito- influence of lymphadema on their lives. March 14, 2003 and mention the U.S. transmitted parasitic disease affecting Quality of life domains that will be Government Printing Office or the over 120 million people, is the second explored include physical health, Depository Library Council meeting. leading cause of permanent disability psychological health, social After that date, rooms will be subject to worldwide. Globally, lymphatic relationships, economic productivity, availability at the best obtainable rate. filariasis causes debilitating genital spiritual health, stigma, and disease in an estimated 25 million men environment. Recommendations will be Bruce R. James, and lymphedema or elephantiasis of the derived from this study for the global Public Printer. leg in 15 million people, mostly women community of lymphatic filariasis [FR Doc. 03–5431 Filed 3–6–03; 8:45 am] in poverty stricken countries. The researchers in developing countries BILLING CODE 1520–01–P World Health Organization (WHO) initiating national and local programs recently identified community for the management of chronic management of chronic lymphedema as lymphedema. There are no costs to one of the top twenty lymphatic respondents.

Average Number of Number of burden/ Forms respondents responses/ response respondent (in hours)

In-depth Survey at Sites A and B ...... 50 1 60/60 Cross-sectional Survey at Sites A and B ...... 200 1 60/60

Dated: February 28, 2003. DEPARTMENT OF HEALTH AND review by the Office of Management and Thomas Bartenfeld, HUMAN SERVICES Budget (OMB) in compliance with the Acting Associate Director for Policy, Planning Paperwork Reduction Act (44 U.S.C. and Evaluation, Centers for Disease Control Centers for Disease Control and Chapter 35). To request a copy of these and Prevention. Prevention requests, call the CDC Reports Clearance [FR Doc. 03–5394 Filed 3–6–03; 8:45 am] [30DAY–30–03] Officer at (404) 498–1210. Send written BILLING CODE 4163–18–P comments to CDC, Desk Officer, Human Agency Forms Undergoing Paperwork Resources and Housing Branch, New Reduction Act Review Executive Office Building, Room 10235, The Centers for Disease Control and Washington, DC 20503. Written Prevention (CDC) publishes a list of comments should be received within 30 information collection requests under days of this notice.

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Proposed Project: An Evaluation of folic acid daily both prior to and during language media messages on the levels Targeted Health Communication early pregnancy. Studies also indicate of awareness, knowledge, and vitamin Messages: Folic Acid and Neural Tube that Hispanic women have a greater risk use among Hispanic women of Defects (OMB No. 0920–0461)— for NTD-affected pregnancies than childbearing age. Revision—The National Center on Birth women in the general population. Hispanic women’s exposure to Defects and Developmental Disabilities Specific, culturally sensitive, targeted Spanish-language media messages and (NCBDDD), Centers for Disease Control media messages need to be directed at educational materials on folic acid and Prevention (CDC). this population. information will be collected and Background CDC and the March of Dimes Birth measured to determine whether these The Division of Birth Defects and Defects Foundation developed health exposures influenced the women’s Developmental Disabilities, within communication media messages and knowledge and usage of folic acid. The NCBDDD launched a national education educational materials targeted to health number and frequency of women’s campaign in January 1999 to increase care providers and English- and exposures to the media messages such women’s knowledge about neural tube Spanish-speaking women. These media as television and radio PSAs will be birth defects (NTDs) and the beneficial messages and educational materials collected from media channels and role folic acid, a B vitamin, plays in the consist of television and radio public compared to information collected from prevention of NTDs. Studies show that service announcements (PSA), survey data, National Council on Folic a 50 to 70 percent reduction in the risk brochures and resource manuals. The Acid organizations and the National of neural tube birth defects is possible Spanish-language folic acid Clearinghouse on Folic Acid activities. if all women capable of becoming communication evaluation survey The estimated annualized burden is 250 pregnant consume 400 micrograms of examines the impact of Spanish- hours.

Avg. bur- Number of Number of den/re- Respondents respondents responses/ sponse respondent (in hours)

Telephone Interview ...... 1,000 1 15/60

Dated: February 28, 2003. Promotion (NCCDPHP), Centers for and Parents’ Youth Media Survey) that Thomas Bartenfeld, Disease Control and Prevention (CDC). assessed aspects of the knowledge, attitudes, beliefs, and levels of Acting Associate Director for Policy, Planning Background and Evaluation, Centers for Disease Control involvement in positive activities of and Prevention. In FY 2001, Congress established the tweens and a parent or guardian. The [FR Doc. 03–5395 Filed 3–6–03; 8:45 am] Youth Media Campaign at the Centers baseline survey was conducted prior to BILLING CODE 4163–18–P for Disease Control and Prevention the launch of the campaign from April (CDC). Specifically, the House 8, 2002 through June 21, 2002. The Appropriations Language said: The methodology was to use a panel design DEPARTMENT OF HEALTH AND Committee believes that, if we are to and to survey 3000 dyads (3000 parents HUMAN SERVICES have a positive impact on the future and 3000 tweens) from a nationally health of the American population, we representative sample and to survey Centers for Disease Control and must change the behaviors of our 3000 dyads (again 3000 parents and Prevention children and young adults by reaching 3000 tweens) from the six ‘‘high dose’’ them with important health messages. [30DAY–32–03] communities for a total of 6000 dyads or CDC, working in collaboration with 12,000 respondents. The survey was federal partners, is coordinating an Agency Forms Undergoing Paperwork conducted using random digit dial. Reduction Act Review effort to plan, implement, and evaluate a campaign designed to clearly The next steps in the measurement of The Centers for Disease Control and communicate messages that will help effects of the campaign is to collect Prevention (CDC) publishes a list of youth develop habits that foster good follow-up data one year post baseline information collection requests under health over a lifetime. The Campaign is survey and two years post baseline review by the Office of Management and based on principles that have been survey. The same panel members Budget (OMB) in compliance with the shown to enhance success, including: (minus attrition) of 6000 tween/parent Paperwork Reduction Act (44 U.S.C. designing messages based on research; dyads used in the baseline survey— Chapter 35). To request a copy of these testing messages with the intended nationally and in the six selected requests, call the CDC Reports Clearance audiences; involving young people in metropolitan areas—would be re- Officer at (404) 498–1210. Send written all aspects of Campaign planning and contacted to complete a survey that comments to CDC, Desk Officer, Human implementation; enlisting the would be similar to that used at Resources and Housing Branch, New involvement and support of parents and baseline. Items on campaign awareness Executive Office Building, Room 10235, other influencers; refining the messages would be added to the survey to enable Washington, DC 20503. Written based on research; and measuring the segmentation of the respondents by comments should be received within 30 effect of the campaign on the target awareness of the campaign. Thus, the days of this notice. audiences. data collection would be with Proposed Project: Outcome Follow-up To measure the effect of the campaign approximately 4,200 tween/parent Survey for CDC’s Youth Media on the target audiences, CDC designed dyads in spring 2003 and 3,350 tween/ Campaign—New—National Center for a baseline survey for tween and parent parent dyads in 2004. The average Chronic Disease Prevention and Health dyads (Children’s Youth Media Survey annualized burden is 2,571 hours.

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Average Number of Number of burden/ Respondents respondents responses/ response respondent (in hours)

2003: Screener ...... 7,502 1 1/60 Child ...... 4,242 1 20/60 Parent ...... 4,009 1 20/60 2004: Screener ...... 4,009 1 1/60 Child ...... 3,353 1 20/60 Parent ...... 3,247 1 20/60

Dated: February 28, 2003. the Americas) under this cooperative universities, community groups, and Thomas Bartenfeld, agreement for the following reasons: others in all member countries. Acting Associate Director for Policy, Planning 1. PAHO is the one single health 5. PAHO has nearly 100 years of and Evaluation, Centers for Disease Control organization that represents all experience working to improve health and Prevention. countries in the Americas Region. It and living standards of countries of the [FR Doc. 03–5396 Filed 3–6–03; 8:45 am] began as the International Sanitary Americas. BILLING CODE 4163–18–P Bureau, established in 1902 by the International Conference of American 6. PAHO serves as the regional office States to serve as ‘‘a general convention for the Americas for the World Health DEPARTMENT OF HEALTH AND of representatives of the health Organization and is a component of the HUMAN SERVICES organizations of the different American United Nations. republics.’’ In 1924, the 21 American C. Funding Centers for Disease Control and republics assigned broader functions Prevention and responsibilities to the International Approximately $500,000 is available Sanitary Bureau as the central [Program Announcement 03052] in FY 2003 to fund this award. It is coordinating agency for international expected that the award will begin on or Building Capacity To Address health activities in the Americas. PAHO before May 16, 2003, and will be made Emerging Infectious Diseases in the continues in this role for countries in for a 12-month budget period within a Americas; Notice of Intent To Fund North, Central, and South America, project period of up to five years. Single Eligibility Award including the Caribbean nations. Funding estimates may change. 2. PAHO has access to national health A. Purpose promotion and disease prevention D. Where To Obtain Additional The Centers for Disease Control and programs and potential research sites in Information the Americas through their 35 member Prevention (CDC) announces the intent For general comments or questions to fund fiscal year (FY) 2003 funds for governments, scientific and technical about this announcement, contact: a cooperative agreement program for expert employees, 28 country offices, Technical Information Management, Building Capacity to Address Emerging and 10 scientific centers. PAHO member CDC Procurement and Grants Office, Infectious Diseases in the Americas. The countries are: Antigua and Barbuda, purpose of the program is to implement Argentina, Bahamas, Barbados, Belize, 2920 Brandywine Road, Atlanta, GA a coordinated plan to assist national Bolivia, Brazil, Canada, Chile, 30341–4146, Telephone: (770) 488– governments and regional authorities in Colombia, Costa Rica, Cuba, Dominica, 2700. the Americas to better address Dominican Republic, Ecuador, El For technical questions about this infectious diseases. Specific activities Salvador, Grenada, Guatemala, Guyana, program, contact: Greg Jones, National will focus on improving surveillance Haiti, Honduras, Jamaica, Mexico, Center for Infectious Diseases, Centers and response, building public health Nicaragua, Panama, Paraguay, Peru, for Disease Control and Prevention, infrastructure, promoting applied Saint Kitts and Nevis, Saint Lucia, Saint 1600 Clifton Road, NE., Atlanta, GA research activities, and developing Vincent and the Grenadines, Suriname, 30333, Telephone: (404) 639–4180, E- Trinidad and Tobago, United States of improved infectious disease prevention mail address: [email protected]. and control strategies. The Catalog of America, Uruguay, and Venezuela. Federal Domestic Assistance number for PAHO maintains country offices in 28 of Dated: February 28, 2003. this program is 93.283. the above member states and is Sandra R. Manning, headquartered in Washington, DC. Director, Procurement and Grants Office, B. Eligible Applicant 3. Because of its unique status Centers for Disease Control and Prevention. Assistance will be provided only to representing and uniting all member [FR Doc. 03–5389 Filed 3–6–03; 8:45 am] the Pan American Health Organization country health agencies, PAHO is the BILLING CODE 4163–18–P (PAHO). only appropriate ‘‘pinnacle’’ PAHO is the only international/ organization to conduct the activities intergovernmental agency qualified to under this cooperative agreement. conduct the activities (improve 4. In its role as the central infectious disease surveillance and coordinating agency for health in the response, develop infectious disease Americas, PAHO collaborates with prevention and control strategies, build Ministries of Health, social security public health infrastructure and agencies, other government institutions, promote applied research activities in non-governmental organizations,

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Written comments and HUMAN SERVICES HUMAN SERVICES recommendations for the proposed information collections must be mailed Centers for Disease Control and Centers for Medicare and Medicaid within 60 days of this notice directly to Prevention Services the CMS Paperwork Clearance Officer [Document Identifiers: CMS–R–38] designated at the following address: [Program Announcement 03005] CMS, Office of Strategic Operations and Agency Information Collection Regulatory Affairs, Division of Cooperative Agreement With the Activities: Proposed Collection; Regulations Development and United Nations Children’s Fund; Notice Comment Request Issuances, Attention: Dawn Willinghan, Room: C5–14–03, 7500 Security of Intent To Fund Single Eligibility AGENCY: Centers for Medicare and Award Boulevard, Baltimore, Maryland 21244– Medicaid Services, HHS. 1850. In compliance with the requirement A. Purpose of section 3506(c)(2)(A) of the Dated: February 26, 2003. The Centers for Disease Control and Paperwork Reduction Act of 1995, the John P. Burke III, Prevention (CDC) announces the intent Centers for Medicare and Medicaid CMS Reports Clearance Officer, Office of Strategic Operations and Strategic Affairs, to fund fiscal year (FY) 2003 funds for Services (CMS) (formerly known as the Health Care Financing Administration Division of Regulations Development and a cooperative agreement program for Issuances. polio eradication, measles mortality (HCFA)), Department of Health and Human Services, is publishing the [FR Doc. 03–5437 Filed 3–6–03; 8:45 am] reduction and control, and reduction following summary of proposed BILLING CODE 4120–03–P and control of other vaccine preventable collections for public comment. diseases. Interested persons are invited to send DEPARTMENT OF HEALTH AND B. Eligible Applicant comments regarding this burden estimate or any other aspect of this HUMAN SERVICES Assistance will be provided only to collection of information, including any Centers for Medicare and Medicaid the United Nations Children’s Fund of the following subjects: (1) The Services (UNICEF). UNICEF is the only necessity and utility of the proposed organization with a worldwide vaccine information collection for the proper [Document Identifier: CMS–10068] procurement and distribution network. performance of the agency’s functions; (2) the accuracy of the estimated Agency Information Collection UNICEF has established relationships Activities: Submission for OMB burden; (3) ways to enhance the quality, with member governments and their Review; Comment Request immunization programs. utility, and clarity of the information to be collected; and (4) the use of AGENCY: Centers for Medicare and C. Funding automated collection techniques or Medicaid Services, HHS. other forms of information technology to In compliance with the requirement Approximately $60,000,000 is minimize the information collection of section 3506(c)(2)(A) of the available in FY 2003 to fund this award. burden. Paperwork Reduction Act of 1995, the It is expected that the award will begin Type of Information Collection Centers for Medicare and Medicaid on or before April 1, 2003, and will be Request: Extension of a currently Services (CMS) (formerly known as the made for a 9-month budget period in approved collection; Title of Health Care Financing Administration year one, and 12-month budget periods Information Collection: Conditions for (HCFA), Department of Health and for years two through five. The project Coverage for Rural Health Clinics—42 Human Services, is publishing the period will be up to five years. Funding CFR 491.9 Subpart A; Form No.: CMS- following summary of proposed estimates may change. R–38 (OMB #0938–0334); Use: This collections for public comment. information is needed to determine if Interested persons are invited to send D. Where To Obtain Additional rural health clinics meet the comments regarding this burden Information requirements for approval for Medicare estimate or any other aspect of this For general comments or questions Participation.; Frequency: Initial collection of information, including any about this announcement, contact: Application for Medicare approval; of the following subjects: (1) The Technical Information Management, Affected Public: Business or other for- necessity and utility of the proposed CDC Procurement and Grants Office, profit, State, Local, or Tribal Gov’t., and information collection for the proper 2920 Brandywine Road, Atlanta, GA not-for-profit institutions, Individuals or performance of the agency’s functions; 30341–4146, Telephone: (770) 488– households, Farms, and Federal (2) the accuracy of the estimated Government; Number of Respondents: burden; (3) ways to enhance the quality, 2700. 3,305; Total Annual Responses: 3,305; utility, and clarity of the information to For technical questions about this Total Annual Hours: 8,580. be collected; and (4) the use of program, contact: Denise Johnson, 1600 To obtain copies of the supporting automated collection techniques or Clifton Road NE., Mailstop E–05, statement and any related forms for the other forms of information technology to Atlanta, GA 30333, Telephone: (404) proposed paperwork collections minimize the information collection 639–8252, E-mail: [email protected]. referenced above, access CMS’s Web site burden. Dated: February 26, 2003. address at http://cms.hhs.gov/ Type of Information Collection regulations/pra/default.asp, or E-mail Request: New Collection; Title of Sandra R. Manning, your request, including your address, Information Collection: Assessing the Director, Procurement and Grants Office, phone number, OMB number, and CMS Division of Beneficiary Inquiry Centers for Disease Control and Prevention. document identifier, to Customer Service’s Performance for [FR Doc. 03–5388 Filed 3–6–03; 8:45 am] [email protected], or call the Reports Written Responses; Form No.: CMS– BILLING CODE 4163–18–P Clearance Office on (410) 786–1326. 10068 (OMB# 0938–NEW); Use: DBICS

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will collect information several times FOR FURTHER INFORMATION CONTACT: Resources Management (HFA–250), during FY 2003 to assess the customer Peggy Robbins, Office of Information Food and Drug Administration, 5600 service provided via written responses. Resources Management (HFA–250), Fishers Lane, rm. 16B–26, Rockville, DBICS will conduct the written survey Food and Drug Administration, 5600 MD 20857, 301–827–1472. through mailings that will accompany Fishers Lane, Rockville, MD 20857, SUPPLEMENTARY INFORMATION: In actual responses. The envelopes will be 301–827–1223. compliance with 44 U.S.C. 3507, FDA sent by Release Clerks so that the actual SUPPLEMENTARY INFORMATION: In the has submitted the following proposed writer has no knowledge that a Federal Register of December 23, 2002 collection of information to OMB for particular response is being rated.; (67 FR 78234), the agency announced review and clearance: Frequency: Quarterly; Affected Public: that the proposed information collection Veterinary Adverse Drug Reaction, Individuals or Households; Number of had been submitted to OMB for review Lack of Effectiveness, Product Defect Respondents: 2,872; Total Annual and clearance under 44 U.S.C. 3507. An Report—21 CFR Part 510 (OMB Control Responses: 2,872; Total Annual Hours: agency may not conduct or sponsor, and Number 0910–0012)—Extension 287. a person is not required to respond to, To obtain copies of the supporting a collection of information unless it In response to a 60-day notice that statement and any related forms for the displays a currently valid OMB control published in the Federal Register of proposed paperwork collections number. OMB has now approved the September 5, 2002 (67 FR 56846), the referenced above, access CMS Web site information collection and has assigned agency received four sets of comments. address at http://cms.hhs.gov/ OMB control number 0910–0492. The Two sets of comments were from a regulations/pra/default.asp, or E-mail approval expires on January 31, 2004. A pharmaceutical company and two were your request, including your address, copy of the supporting statement for this from individuals. A discussion of the phone number, OMB number, and CMS information collection is available on comments with the Center for document identifier, to the Internet at http://www.fda.gov/ Veterinary Medicine’s response follows: [email protected], or call the Reports ohrms/dockets. The two individual comments Clearance Office on (410) 786–1326. pertained to a complaint concerning a Dated: February 19, 2003. veterinary product and the elimination Written comments and William K. Hubbard, recommendations for the proposed of antibacterial soaps. These comments Associate Commissioner for Policy and are not germane to this collection of information collections must be mailed Planning. within 30 days of this notice directly to information. [FR Doc. 03–5354 Filed 3–6–03; 8:45 am] Four comments pertained to the the OMB desk officer: OMB Human BILLING CODE 4160–01–S interim final rule for records and reports Resources and Housing Branch, (21 CFR 514.80) that published February Attention: Brenda Aguilar, New 4, 2002 (67 FR 5046), which is not the Executive Office Building, Room 10235, DEPARTMENT OF HEALTH AND subject of this Federal Register notice. Washington, DC 20503. HUMAN SERVICES The closing date for receiving comments Dated: February 26, 2003. on the interim final rule was April 5, John P. Burke III, Food and Drug Administration 2002. These comments were submitted Paperwork Reduction Act Team Leader, CMS [Docket No. 02N–0383] on November 4, 2002 and thus, FDA Reports Clearance Officer, Office of Strategic will not respond. Further, the substance Operations and Regulatory Affairs, Division Agency Information Collection of these comments were submitted in of Regulations Development and Issuances. Activities; Submission for OMB response to the Interim Final Rule and [FR Doc. 03–5438 Filed 3–6–03; 8:45 am] Review; Comment Request; Veterinary will be addressed in the Final Rule for BILLING CODE 4120–03–P Adverse Drug Reaction, Lack of Records and Reports. Effectiveness, Product Defect Report Three comments asked FDA to increase the amount of time for AGENCY: Food and Drug Administration, DEPARTMENT OF HEALTH AND investigating, gathering, and processing HHS. HUMAN SERVICES information and data for Form FDA ACTION: Notice. 1932. One comment estimated that the Food and Drug Administration SUMMARY: The Food and Drug burden estimate should be increased by as much as 1 to 1.75 hours for product [Docket No. 02N–0063] Administration (FDA) is announcing that the proposed collection of defects. Another comment estimated Agency Information Collection information listed below has been that the burden estimate should be Activities; Announcement of OMB submitted to the Office of Management increased from 0.25 to 1 hours. The Approval; Consumer Surveys on Food and Budget (OMB) for review and third comment stated that it would take and Dietary Supplement Labeling clearance under the Paperwork close to 2 hours to investigate, collect, Issues Reduction Act of 1995 ( the PRA). conduct quality control, and record the DATES: Submit written comments on the information. AGENCY: Food and Drug Administration, FDA will increase the burden for the collection of information by April 7, HHS. Form FDA 1932 from 1 hour to 2 hours. 2003. ACTION: Notice. This will increase the total burden ADDRESSES: Submit written comments hours for the Form FDA 1932 from SUMMARY: The Food and Drug on the collection of information to 18,385 hours to 36,770 hours. Administration (FDA) is announcing Office of Information and Regulatory Section 512(l) of the Federal Food, that a collection of information entitled Affairs, OMB, New Executive Office Drug, and Cosmetic Act (the act) (21 ‘‘Consumer Surveys on Food and Bldg., 725 17th St., NW., rm. 10235, U.S.C. 360b(i)), 21 CFR 510.300, Dietary Supplement Labeling Issues’’ Washington, DC, 20503, Attention: 510.301, and 510.302 require that has been approved by the Office of Stuart Shapiro, Desk Officer for FDA. applicants of approved NADA’s submit Management and Budget (OMB) under FOR FURTHER INFORMATION CONTACT: within 15-working days of receipt, the Paperwork Reduction Act of 1995. Denver Presley, Office of Information complete records of reports of certain

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adverse drug reactions and unusual effects can change over time and less following complaints from animal failure of new animal drugs. Other apparent effects may take years to owners or veterinarians. Likewise, reporting requirements of adverse manifest themselves. Reports are product defects and lack of effectiveness reactions to these drugs must be reviewed along with those previously complaints are submitted to FDA by the reported annually or semi-annually in a submitted for a particular drug to drug manufacturer following their own specific format. This continuous determine if any change is needed in the detection of a problem or complaints monitoring of approved new animal product or labeling, such as package from product users or their veterinarians drugs, affords the primary means by insert changes, dosage changes, using forms FDA Forms 1932 and which FDA obtains information additional warnings or 1932a. Form FDA–2301 is available for contraindications, or product regarding potential problems in safety the required transmittal of periodic reformulation. and effectiveness of marketed animal Adverse reaction reports are required reports and promotional material for drugs and potential manufacturing to be submitted by the drug new animal drug applications. problems. Data already on file with FDA manufacturer on FDA Forms 1932 or FDA estimates the burden for this is not adequate because animal drug 1932a (voluntary reporting form), collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per Total Form No. 21 CFR Section Respondents per Response Responses Response hours

Form FDA 2301 510.302(a) 190 10.94 2,079 0.5 1,040

Form FDA 1932 510.302(b) 190 96.76 18,385 2.0 36,770

Form FDA 1932a 510.302(b) 100 1.0 100 1.0 100 (voluntary)

Total Burden Hours 37,910 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total annual Hours per Total 21 CFR Section Recordkeepers of Recordkeeping response Recordkeeper hours

510.300(a) and 510.301(a) 190 13.16 2,079 10.35 21,518

510.300(b) and 510.301(b) 190 94.74 18,385 0.50 9,193

Total Burden Hours 30,711 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimate of the times required for DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: record preparation and maintenance is HUMAN SERVICES Karen L. Nelson, Office of Information based on agency communication with Resources Management (HFA–250), industry. Other information needed to Food and Drug Administration Food and Drug Administration, 5600 calculate the total burden hours (i.e., [Docket No. 02N–0302] Fishers Lane, Rockville, MD 20857, adverse drug reaction, lack of 301–827–1482. effectiveness, and product defect Agency Information Collection SUPPLEMENTARY INFORMATION: In the reports) are derived from agency records Activities; Announcement of OMB Federal Register of Friday, October 18, and experience. Approval; Guidance for Industry on Formal Meetings With Sponsors and 2002 (67 FR 64390), the agency Dated: February 21, 2003. Applicants for Prescriptions Drug User announced that the proposed William K. Hubbard, Fee Act Products information collection had been Associate Commissioner for Policy and submitted to OMB for review and Planning. AGENCY: Food and Drug Administration, clearance under 44 U.S.C. 3507. An HHS. [FR Doc. 03–5355 Filed 3–6–03; 8:45 am] agency may not conduct or sponsor, and ACTION: Notice. BILLING CODE 4160–01–S a person is not required to respond to, SUMMARY: The Food and Drug a collection of information unless it Administration (FDA) is announcing displays a currently valid OMB control that a collection of information entitled number. OMB has now approved the ‘‘Guidance for Industry on Formal information collection and has assigned Meetings with Sponsors and Applicants OMB control number 0910–0429. The for Prescription Drug User Fee Act approval expires on February 28, 2006. (PDUFA) Products’’ has been approved A copy of the supporting statement for by the Office of Management and this information collection is available Budget (OMB) under the Paperwork on the Internet at http://www.fda.gov/ Reduction Act of 1995. ohrms/dockets.

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Dated: February 28, 2003. DATES: Submit written comments on the radiological, or nuclear substances William K. Hubbard, collection of information by April 7, when adequate and well-controlled Associate Commissioner for Policy and 2003. efficacy studies in humans cannot be Planning. ADDRESSES: Submit written comments ethically conducted because the studies [FR Doc. 03–5356 Filed 3–6–03; 8:45 am] on the collection of information to the would involve administering a BILLING CODE 4160–01–S Office of Information and Regulatory potentially lethal or permanently Affairs, OMB, New Executive Office disabling toxic substance or organism to Bldg., 725 17th St. NW. rm. 10235, healthy human volunteers and field DEPARTMENT OF HEALTH AND Washington, DC 20503, Attn: Stuart trials are not feasible prior to approval. HUMAN SERVICES Shapiro, Desk Officer for FDA. In these circumstances, when it may be Food and Drug Administration FOR FURTHER INFORMATION CONTACT: impossible to demonstrate effectiveness Karen L. Nelson, Office of Information through adequate and well-controlled [Docket No. 02N–0452] Resources Management (HFA–250), studies in humans, FDA is providing Food and Drug Administration, 5600 Agency Information Collection that certain new drug and biological Fishers Lane, Rockville, MD 20857, products intended to treat or prevent Activities; Submission for OMB 301–827–1482. Review; Comment Request; New Drug serious or life-threatening conditions SUPPLEMENTARY INFORMATION: and Biological Drug Products; In could be approved for marketing based Evidence Needed to Demonstrate compliance with 44 U.S.C. 3507, FDA on studies in animals, without the Effectiveness of New Drugs When has submitted the following proposed traditional efficacy studies in humans. Human Efficacy Studies Are Not collection of information to OMB for FDA is taking this action because it Ethical or Feasible review and clearance. recognizes the importance of improving New Drug and Biological Drug medical responses capabilities to the AGENCY: Food and Drug Administration, Products; Evidence Needed to use of lethal or permanently disabling HHS. Demonstrate Effectiveness of New chemical, biological, radiological, and ACTION: Notice. Drugs When Human Efficacy Studies nuclear substances in order to protect SUMMARY: The Food and Drug Are Not Ethical or Feasible individuals exposed to these substances. Administration (FDA) is announcing FDA has amended its new drug and Respondents to this information that the proposed collection of biological product regulations to allow collection are business and other for- information listed below has been appropriate studies in animals in certain profit organizations, and nonprofit submitted to the Office of Management cases to provide substantial evidence of institutions. and Budget (OMB) for review and effectiveness of new drug and biological clearance under the Paperwork products used to reduce or prevent the FDA estimates the burden of this Reduction Act of 1995. toxicity of chemical, biological, collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours

314.610(b)(2), 314.630, 601.91(b)(2), and 601.93 1 1 1 5 5

314.610(b), 314.640, 601.91(b), and 601.94 1 1 1 240 240

Total 245 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers of Recordkeeping Records Recordkeeper Total Hours

314.610(b)(2), 314.630, 601.91(b)(2), and 601.93 1 1 1 1 1

314.610(b), and 601.91(b) 1 1 1 1 1

Total 2 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA estimates that only one biological product to develop patient 314, and 600. Any requirements will be application of this nature may be labeling and to submit the appropriate reported under the adverse experience submitted every 3 years, however, for information and promotional labeling to reporting (AER) information collection calculation purposes. FDA is estimating FDA. At this time, FDA cannot estimate requirements. The estimated hours for the submission of one application the number of postmarketing reports for postmarketing reports range from 1 to 5 annually. FDA estimates 240 hours for information collection. These reports hours based on previous estimates for a manufacturer of a new drugs or are required under 21 CFR parts 310, AER; however, FDA is estimating 5

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hours for the purpose of this 8 a.m. to 4:30 p.m. Submit written or products (excluding blood products information collection. electronic requests to preregister to other than plasma derivatives). As an The majority of the burden for speak by March 21, 2003. Written or initial step, three joint Center for Drug developing the patient labeling is electronic comments on the concept Evaluation and Research (CDER)/Center included under the reporting papers will be accepted until April 30, for Biologics Evaluation and Research requirements; therefore, minimal 2003. However, to have your comments (CBER) working groups have developed burden is calculated for providing the considered at the workshop, submit concept papers outlining FDA’s guide to patients. As discussed them by March 21, 2003. preliminary thoughts for providing previously, no burden can be calculated ADDRESSES: The public workshop will guidance for industry. The concept at this time for the number of AER be held at the National Transportation papers are available at FDA’s Dockets reports that may be submitted after Safety Board Boardroom and Conference Management Branch and on the Internet approval of a new drug or biologic. Center, 429 L’Enfant Plaza, SW., (http://www.fda.gov/cder/meeting/ Therefore, the number of records that Washington, DC 20594; 202–314–6421. riskmanagement.htm). FDA welcomes may be maintained also cannot be The center may be reached by Metro, written and electronic comments on the determined. Any burdens associated using the L’Enfant Plaza Station on the concept papers (see section IV of this with these requirements will be green, yellow, blue, and orange lines) document). reported under the AER information http://www.ntsb.gov/events/ II. Scope of Workshop and Concept collection requirements. The estimated newlocation.htm. Seating is limited and Papers recordkeeping burden of 1 hour is based will be available on a first-come first- on previous estimates for the served basis each day of the workshop. At this public workshop, FDA is recordkeeping requirements associated Submit written or electronic requests interested in receiving comments from with the AER system. to speak and comments to the Dockets stakeholder groups likely to be affected FDA, in the Federal Register of Management Branch (HFA–305), Food by its risk management activities. November 13, 2002 (67 FR 68874), the and Drug Administration, 5630 Fishers Stakeholder groups of interest include, agency requested comments on the Lane, rm. 1061, Rockville, MD 20852; e- but are not limited to: Consumer groups, proposed collection of information. No mail [email protected]; or on the physicians, nurses, pharmacists, drug comments were received. Internet at http:// and biological product manufacturers, and third party payers for health care Dated: February 28, 2003. www.accessdata.fda.gov/scripts/oc/ services and medical products. William K. Hubbard, dockets/edockethome.cfm. Transcripts of the workshop will be available for Each day of the 3-day workshop will Associate Commissioner for Policy and focus on one aspect of risk management Planning. review at the Dockets Management Branch (see address above) and on the activities, including: (1) Premarketing [FR Doc. 03–5357 Filed 3–6–03; 8:45 am] Internet at http://www.fda.gov/ohrms/ risk assessment on April 9, 2003, (2) risk BILLING CODE 4160–01–S dockets. management programs and planning on April 10, 2003, and (3) FOR FURTHER INFORMATION CONTACT: pharmacovigilance and DEPARTMENT OF HEALTH AND For media and press inquiries: Jason pharmacoepidemiologic assessment on HUMAN SERVICES Brodsky, Office of Public Affairs April 11, 2003. (HFI–020), Food and Drug Food and Drug Administration Administration, 5600 Fishers Lane, A. Premarketing Risk Assessment (April [Docket No. 02N–0528] Rockville, MD 20857 301–827–6242, 9, 2003) [email protected]. Risk assessment is the process of Risk Management; Public Workshop For all other inquiries: Lee Lemley, identifying, estimating, and evaluating Center for Drug Evaluation and the nature and severity of risks AGENCY: Food and Drug Administration, Research (HFD–006), Food and Drug associated with a product throughout its HHS. Administration, 5600 Fishers Lane, lifecycle. On April 9, 2003, the public ACTION: Notice of public workshop, Rockville, MD 20857, 301–594–6218, workshop discussion will focus on good request for comments. [email protected]. risk assessment practices during SUPPLEMENTARY INFORMATION: product development. Specifically, the SUMMARY: The Food and Drug Administration (FDA) is announcing a I. Background discussion will focus on issues raised by public workshop to discuss risk the concept paper ‘‘Premarketing Risk On June 12, 2002, the President Assessment’’ (http://www.fda.gov/cder/ management activities for drug and signed the Public Health Security and biological products (excluding blood meeting/riskmanagement.htm). This Bioterrorism Preparedness and concept paper presents FDA’s products other than plasma derivatives). Response Act of 2002 (Public Law 107– The purpose of the workshop is to preliminary thoughts on: 188), which includes the Prescription 1. Important risk assessment concepts, present FDA’s current thoughts on risk Drug User Fee Amendments of 2002 2. Generation and acquisition of safety management activities and to solicit (Public Law 102–571) (PDUFA 3). In data during clinical trials, and views from the public. To facilitate exchange for receiving user fees under 3. Analysis and presentation of safety public input and discussion, FDA is PDUFA 3, FDA agreed to certain data in an application for approval issuing for review and comment three performance goals. As one of its PDUFA concept papers that focus on risk 3 goals, FDA agreed to produce B. Risk Management Programs and assessment, risk management, and guidance for industry on risk Planning (April 10, 2003) pharmacovigilance. The input received management activities. Specifically, Risk management is the overall and at the workshop and from comments on FDA intends to produce three guidance continuing process of minimizing risks the concept papers will be considered in documents by September 30, 2004, throughout a product’s lifecycle to drafting guidance for industry. addressing: Good risk assessment, risk optimize its benefit/risk balance. On DATES: The public workshop will be management, and pharmacovigilance April 10, 2003, the public workshop held on April 9, 10, and 11, 2003, from practices for drug and biological discussion will focus on the

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development, implementation, and techniques (e.g., empirical Bayesian concept paper and issue to which they evaluation of strategic safety programs techniques, proportional reporting refer. Where possible, comments should designed to decrease a product’s risks. ratios) to spontaneous reports databases reference line numbers in the concept Specifically, the discussion will focus for the purpose of identifying safety papers. Two copies of any mailed on issues raised by the concept paper signals? comments are to be submitted, except ‘‘Risk Management Programs’’ (http:// 3. What are possible advantages or that individuals may submit one copy. www.fda.gov/cder/meeting/ disadvantages of performing causality Comments are to be identified with the riskmanagement.htm). This concept assessments at the individual case level? docket number found in brackets in the paper presents FDA’s preliminary 4. Under what circumstances would a heading of this document. The concept thoughts on: registry be useful as a surveillance tool papers and received comments may be 1. Considerations on what comprises and when would it cease to be useful? seen at the Dockets Management Branch and prompts a risk management 5. Under what circumstances would between 9 a.m. and 4 p.m., Monday program, active surveillance strategies prove through Friday. Transcripts of the 2. The selection and development of useful to identify as yet unreported hearing also will be available for review risk management tools, adverse events? at the Dockets Management Branch. 3. The evaluation of risk management 6. Under what circumstances would programs, and additional pharmacoepidemiologic V. Electronic Access studies be useful? 4. The recommended elements of a Electronic versions of the concept risk management program submission to III. Registration and Requests for Oral papers are available via Internet using FDA. Presentations the World Wide Web at http:// Comments on evaluation methods and To speak at the workshop you must www.fda.gov/cder/meeting/ overall concepts are requested, in riskmanagement.htm. particular, from academicians and preregister by March 21, 2003. Requests others with experience in outcomes must be submitted electronically or in Dated: March 3, 2003. research in health care quality or writing. In your request to speak, you William K. Hubbard, pharmacoepidemiology. should state the: (1) Day of the Associate Commissioner for Policy and workshop when you would like to Planning. C. Risk Assessment of Observational speak; (2) specific issue related to that [FR Doc. 03–5353 Filed 3–6–03; 8:45 am] Data: Good Pharmacovigilance Practices day’s topic that you intend to address; BILLING CODE 4160–01–S and Pharmacoepidemiologic (3) names and addresses of all Assessment (April 11, 2003) individuals that plan to participate; and Pharmacovigilance is generally (4) approximate time requested to make DEPARTMENT OF HEALTH AND regarded as all postapproval scientific your presentation. Electronic requests to HUMAN SERVICES and data gathering activities relating to speak at the workshop may be the detection, assessment, submitted at http:// Substance Abuse and Mental Health understanding, and prevention of www.accessdata.fda.gov/scripts/oc/ Services Administration adverse events or any other product- dockets/meetings/meetingdocket.cfm. Center for Substance Abuse related problems. On April 11, 2003, the Requests to speak will be accepted on a Treatment; Notice of Meeting public workshop discussion will focus first-come, first-served basis. Individuals who register to speak will on the assessment of a product’s risk Pursuant to Public Law 92–463, be notified of the scheduled time for profile as identified from observational notice is hereby given that the 36th their presentation before the workshop data sources (including case reports, meeting of the Substance Abuse and and will have reserved seating. case series, and pharmacoepidemiologic Mental Health Service Administration’s Depending on the number of speakers, studies). Specifically, the discussion (SAMHSA) Center for Substance Abuse FDA may need to limit the time allotted will focus on issues raised by the Treatment (CSAT) National Advisory for each presentation. Speakers must concept paper ‘‘Risk Assessment of Council will be held in March 2003. Observational Data: Good submit two copies of each presentation A portion of the meeting is open and Pharmacovigilance Practices and by the date they have registered to includes discussion of the Center’s Pharmacoepidemiologic Assessment’’ speak. If you need special policy issues and current (http://www.fda.gov/cder/meeting/ accommodations due to a disability, administrative, legislative, and program riskmanagement.htm). This concept please inform the registration contact developments. The Council’s meeting paper presents FDA’s preliminary person when you register. Presentations will include reports on SAMHSA’s thoughts on: should be limited to the topics Faith-Based and Community Initiative; 1. Important pharmacovigilance addressed in the concept papers. Pregnant and Postpartum Women (PPW) concepts, Preregistration is not necessary if you 2. Safety signal identification, are not speaking and plan to come only & Residential Women and Children 3. Pharmacoepidemiologic assessment as an attendee to the workshop. (RWC) Cross Site Evaluations; Oral and interpretation of safety signals, and However, seating is limited and will be Fluid Testing; Science to Services; 4. The development of available on each of the workshop days Methadone Deaths; and SAMHSA’s Co- pharmacovigilance plans. on a first-come first-served basis. Occurring Report to Congress. In In particular, in this segment of the addition, the CSAT Director will public workshop, FDA is interested in IV. Request for Comments provide an update on CSAT’s program receiving public input on the following Regardless of attendance at the and activities. questions: workshop, interested persons may The meeting will also include the 1. How can the quality of submit written or electronic comments review, discussion, and evaluation of spontaneously reported case reports be on the concept papers to the Dockets individual grant applications. Therefore improved? Management Branch (see ADDRESSES). a portion of the meeting will be closed 2. What are possible advantages or You should annotate and organize your to the public as determined by the disadvantages of applying datamining comments to identify the specific SAMHSA Administrator, in accordance

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with title 5 U.S.C. 552b(c) and (6) and SUPPLEMENTARY INFORMATION: In educational institutions, private firms, 5 U.S.C. App. 2, § 10(d). accordance with the December 12, 1988 non-profit foundations, and Federally SAMHSA/CSAT welcomes the court order in National Coalition for the acknowledge or state-recognized Native attendance of the public at its advisory Homeless v. Veterans Administration, American tribes or groups. Applications committee, and will make every effort to No. 88–2503–OG (D.D.C.), HUD from Federal agencies will not be accommodate persons with physical publishes a Notice, on a weekly basis, competed against applications from disabilities or special needs. If you identifying unutilized, underutilized, other sources. Authority for this require special accommodations due to excess and surplus Federal buildings program is contained in the Organic Act a disability, please inform the contact and real property that HUD has of March 3, 1879, 43 U.S.C. 31 and person at least 7 days in advance of the reviewed for suitability for use to assist Executive Order 12906. meeting. Substantive program the homeless. Today’s Notice is for the DATES: The program announcements information, a summary of the meeting purpose of announcing that no and application forms for the FY 2003 and a roster of Council members may additional properties have been NSDI Cooperative Agreements Program also be obtained from the contact determined suitable or unsuitable this are expected to be available on or about person. week. March 3, 2003. Applications must be Committee Name: Center for Substance Dated: February 27, 2003. received on or before May 2, 2003. Abuse Treatment, National Advisory John D. Garrity, ADDRESSES: Copies of each Program Council. Director, Office of Special Needs Assistance Announcement #03HQPA0006 for the Meeting Dates: March 12—8:30 a.m.–5:30 Programs. NSDI Cooperative Agreements Program p.m., March 13—9:30 a.m.–1 p.m. [FR Doc. 03–5005 Filed 3–6–03; 8:45 am] will be available through the Internet at Place: Embassy Suites Hotel, Chevy Chase BILLING CODE 4210–29–M http://www.usgs.gov/contracts/ Ballroom, 4300 Military Road, Washington, index.html and http://www.fgdc.gov. DC 20015. Type: Copies of Program Announcement Closed: March 12, 2003—8:30 a.m.–10 DEPARTMENT OF THE INTERIOR #03HQPA0006 may also be obtained by a.m., Open: March 12, 2003—10 a.m.–5:30 writing to Karen Staubs, U.S. Geological p.m., Open: March 13, 2003—9:30 a.m.–1 Geological Survey Survey, Office of Acquisition and p.m. Grants, National Assistance Programs Contact: Cynthia Graham, Public Health Federal Geographic Data Committee Branch, MS 205G, 12201 Sunrise Valley Analyst, SAMHSA/CSAT NAC, 5600 Fishers (FGDC); Application Notice Drive, Reston, Virginia 20192, or Lane, RW II, Ste 618, Rockville, MD 20857. Announcing the Opening Date for emailing [email protected]. Requests (301) 443–8923. FAX: (301) 480–6077. Transmittal of Applications for must be in writing; verbal requests will Dated: February 28, 2003. Funding Assistance Under the FGDC not be honored. Toian Vaughn, National Spatial Data Infrastructure FOR FURTHER INFORMATION CONTACT: Committee Management Officer, Substance (NSDI) Cooperative Agreements For NSDI technical information Abuse and Mental Health Services Program (CAP) for Fiscal Year (FY) contact: David Painter, U.S. Geological Administration. 2003 Survey, Federal Geographic Date [FR Doc. 03–5349 Filed 3–6–03; 8:45 am] AGENCY: Geological Survey, Department Committee, MS 590, 12201 Sunrise BILLING CODE 4162–20–P of the Interior. Valley Drive, Reston, Virginia 20192; ACTION: Notice inviting applications for 703-648-5513, fax 703-648-5755, e-mail the NSDI Cooperative Agreements [email protected]. DEPARTMENT OF HOUSING AND Program Awards for FY 2003, with For the NSDI Cooperative Agreements URBAN DEVELOPMENT performance to begin in August 2003 Program contact: Ms. Karen Staubs, U.S. [Docket No. FR–4809–N–10] through September 2004. Geological Survey, Office of Acquisition and Grants, National Assistance Federal Property Suitable as Facilities SUMMARY: The purpose of the NSDI Programs Branch, MS 205G, 12201 To Assist the Homeless Cooperative Agreements Program is to Sunrise Valley Drive, Reston, Virginia facilitate and foster partnerships, 20192; 703-648-7393, fax 703-648-7901, AGENCY: Office of the Assistant alliances, and technology within the e-mail [email protected]. Secretary for Community Planning and among various public and private SUPPLEMENTARY INFORMATION: Under the Development, HUD. entities to assist in building the NSDI. NSDI Cooperative Agreements Program ACTION: Notice. The NSDI consists of technologies, a total of $1,000,000 is available for policies, organizations and people award. SUMMARY: This Notice identifies necessary to promote cost-effective 2003 NSDI Cooperative Agreement unutilized, underutilized, excess, and production, ready availability, and Program Categories: surplus Federal property reviewed by greater utilization of high quality Category 1: ‘‘Don’t Duck Metadata:’’ HUD for suitability for possible use to geospatial data among a variety of Metadata Implementation and Creation assist the homeless. sectors, disciplines and communities. Assistance. The objectives for this EFFECTIVE DATE: March 7, 2002. The FY 2003 NSDI Cooperative category are the documentation of FOR FURTHER INFORMATION CONTACT: Agreements Program will fund projects geospatial data through metadata Mark Johnson, Department of Housing in five categories of activities: (1) creation and serving that documentation and Urban Development, Room 7262, Metadata implementation assistance, (2) on the Internet through a NSDI 451 Seventh Street SW., Washington, metadata trainer assistance, (3) metadata clearinghouse. Under this category DC 20410; telephone (202) 708–1234; outreach, (4) clearinghouse integration funds are provided for organizations TTY number for the hearing- and with OpenGIS services, and (5) U.S. and needing assistance in receiving speech-impaired (202) 708–2565, (these Canadian Spatial Data Infrastructure metadata training and in metadata telephone numbers are not toll-free), or development. Applications may be creation. call the toll-free Title V information line submitted by Federal agencies, State Category 2: ‘‘Don’t Duck Metadata:’’ at 1–800–927–7588. and local government agencies, Metadata Trainer Assistance. Funding

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in this category is for those EFFECTIVE DATE: March 7, 2003. deaf (TDD) may call the Federal organizations and individual that can FOR FURTHER INFORMATION CONTACT: Information Relay Service at 1–800– provide training assistance to other George T. Skibine, Director, Office of 877–8330, 24 hours a day, seven days a organizations in becoming skilled and Indian Gaming Management, Bureau of week, to contact Mr. Gage. knowledgeable in metadata creation. Indian Affairs, Washington, DC 20240, SUPPLEMENTARY INFORMATION: 5 CFR Category 3: ‘‘Don’t Duck Metadata:’’ (202) 219–4066. 1320.12(a) requires BLM to provide a Metadata Outreach Assistance. Funding Dated: February 25, 2003. 60-day notice in the Federal Register in this category is for organizations with Aurene M. Martin, concerning a collection of information robust metadata programs to extend to solicit comments on: Assistant Secretary—Indian Affairs. their programs and assist other (a) Whether the collection of organizations with resources and staff in [FR Doc. 03–5342 Filed 3–6–03; 8:45 am] information is necessary for the proper innovative approaches to the BILLING CODE 4310–4N–M functioning of the agency, including implementation and service of whether the information will have metadata. DEPARTMENT OF THE INTERIOR practical utility; Category 4: Clearinghouse Integration (b) The accuracy of our estimates of with OpenGIS services will provide Bureau of Land Management the information collection burden, funding to extend existing including the validity of the Clearinghouse Nodes with OpenGIS [NM091–9941–EK–HE931] methodology and assumptions we use; Consortium (OGC) complaint web (c) Ways to enhance the quality, Extension of Approved Information mapping service capabilities and related utility, and clarity of the information Collection, OMB Control Number 1004– standards-based services in a consistent collected; and 0180 way. (d) Ways to minimize the burden of Category 5: Canadian/U.S. Spatial AGENCY: Bureau of Land Management, the collection of information on those Data Infrastructure Project will provide Interior. who are to respond, including the use funding assistance to support a ACTION: Notice and request for of appropriate automated, electronic, collaborative project between comments. mechanical, or other technological organizations in the U.S. and Canada to collection techniques or other forms of coordinate, create, maintain and share SUMMARY: In accordance with the information technology. geospatial data to support decision- Paperwork Reduction Act of 1995, the Owners and operators of helium- making over a common geography. The Bureau of Land Management (BLM) is bearing natural gas wells and FGDC in partnership with the requesting the Office of Management transmission lines must submit Form GeoConnections of Natural Resources and Budget (OMB) to extend an existing 3100–12, Gas Well Data Survey of Canada will fund lead organizations in approval to collect information from Helium-Bearing Natural Gas, to provide their respective countries in a private parties who enter into for gas sampling and analysis we use to collaborative cross-border project. agreements to recover and dispose of locate helium occurrences in natural Dated: January 15, 2003. helium on Federal lands. BLM uses gases. BLM carries out this program Patricia P. Dunham, Form 3100–12, Gas Well Data Survey of under 74 Stat. 920, Public Law 104–273, Deputy Chief, Office of Administrative Policy Helium-Bearing Natural Gas, to collect Helium Privatization Act of 1996. The and Services. this information. This information knowledge of helium occurrences is part [FR Doc. 03–5446 Filed 3–6–03; 8:45 am] allows BLM to determine and evaluate of the Government’s conservation BILLING CODE 4410–Y7–M the extent of any helium resources that program. may exist in natural gas. We request the following information DATES: You must submit your comments on Form 3100–12: DEPARTMENT OF THE INTERIOR to BLM at the address below on or (A) BLM needs the survey information before May 6, 2003. BLM will not to locate natural gas wells and evaluate Bureau of Indian Affairs necessarily consider any comments the helium resources of the United received after the above date. States. Results of released gas well Indian Gaming ADDRESSES: You may mail comments to: analyses and related data are published AGENCY: Bureau of Indian Affairs, Bureau of Land Management, (WO– annually for Government, industry, and Interior. 630), Eastern States Office, 7450 Boston public use. ACTION: Notice of approved Tribal-State Blvd., Springfield, Virginia 22153. (B) Field Survey Number: The BLM, Compact. You may send comments via Internet Helium Operations Office, assigns this to: [email protected]. Please number to record and catalog the gas SUMMARY: Under Section 11 of the include ‘‘ATTN: 1004–0180’’ and your sample. The number is necessary for Indian Gaming Regulatory Act of 1988 name and return address in your reference and future identification of the (IGRA), Public Law 100–497, 25 U.S.C. Internet message. gas sample. 2710, the Secretary of the Interior shall You may deliver comments to the (C) State and County: The publish, in the Federal Register, notice Bureau of Land Management, geographical location is necessary to of the approved Tribal-State compacts Administrative Record, Room 401, 1620 identify the source of the gas sample. for the purpose of engaging in Class III L Street, NW., Washington, DC. After the gas source is identified, BLM gaming activities on Indian lands. The All comments will be available for uses this information to evaluate the Assistant Secretary—Indian Affairs, public review at the L Street address potential for supplying helium. Department of the Interior, through her during regular business hours (7:45 a.m. (D) Field, Well Name, and API delegated authority, has approved the to 4:15 p.m.), Monday through Friday. Number: This information identifies the Class III gaming compact between the FOR FURTHER INFORMATION CONTACT: You source of the gas sample. Each Confederated Tribes of Coos, Lower may contact Brent Gage on (806) 324– producing state assigns official field Umpqua and Siuslaw Indians and the 2659 (Commercial or FTS). Persons who designations to producing areas. BLM State of Oregon. use a telecommunications device for the uses this information to determine

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location and size of helium reserves. determine the volume of helium Horse(s) or Burro(s), to collect this The well name is registered with the reserves presently in a reservoir. information. This information allows state and identifies the specific well (K) Shut-In Wellhead Pressure and BLM to determine whether or not an from where the gas sample came. This Open Flow: This information is individual qualifies to provide humane information provides both the owner necessary to determine the reserves of care and proper treatment, including and BLM a reference so that nay further helium and the adequacy of a well to transportation, feeding and handling, to questions that arise concerning the gas produce sufficient process gas to a an adopted wild horse or burro. sample can be specifically referred to a helium extraction plant. Shut-in DATES: You must submit your comments certain well. Each well in the United wellhead pressure is essential to to BLM at the address below on or States is assigned a unique number estimate the helium reserves. Open flow before May 6, 2003. BLM will not based on guidelines from the American is the capacity of the well to produce necessarily consider any comments Petroleum Institute (API). This number gas. BLM uses this information to received after the above date. determine if the process gas volumes are is essential to assure that wells with ADDRESSES: You may mail comments to: available. similar names are not confused. Bureau of Land Management (WO–630), Without this information, the location (E) Location and Owner: We need the Eastern States Office, 7450 Boston Blvd., and development of helium reserves legal description of the location of the Springfield, Virginia 22153. could not be done, long range helium well. This information will help to You may send comments via Internet production and conservation could not locate the well on maps of the area and to: [email protected]. Please be carried out, and an assured supply of other features, both surface and include ‘‘ATTN: 1004–0042’’ and your helium to the Federal Government subsurface, and to determine helium name and return address in your reserves. The owner’s name and address would not be available. Based on our experience Internet message. are necessary to report analyses results You may deliver comments to the administering the activities described and for further correspondence. Bureau of Land Management, above, we estimate the public reporting (F) Sampled By: This information Administrative Record, Room 401, 1620 burden is 15 minutes per response to provides the name of the person taking L Street, NW., Washington, DC. supply the required information. The the gas sample and allows verification All comments will be available for respondents are owners and operators of of well and sampling conditions if any public review at the L Street address helium-bearing natural gas wells and questions arise concerning the gas during regular business hours (7:45 a.m. transmission lines. The frequency of sample. to 4:15 p.m.), Monday through Friday. (G) Date Completed and Date response is annual. We estimate 200 responses per year and a total annual FOR FURTHER INFORMATION CONTACT: You Sampled: This information refers to the may contact Bea Wade, on (775) 861– date the well was ready for production. burden of 50 hours. BLM will summarize all responses to 6583 (Commercial or FTS). Persons who This information is necessary to this notice and include them in the use a telecommunications device for the determine if this is an older producing request for OMB approval. All deaf (TDD) may call the Federal well or a recently completed well. An comments will become a matter of Information Relay Service (FIRS) at 1– older producing well will have public record. 800–877–8330, 24 hours a day, seven production and pressure records days a week, to contact Ms. Wade. Dated: February 13, 2003. available within the company and at SUPPLEMENTARY INFORMATION: 5 CFR Michael H. Schwartz, state agencies that are of great value to 1320.12(a) requires BLM to provide 60- evaluate the helium reserves. The date Bureau of Land Management, Information day notice in the Federal Register Collection Clearance Officer. sampled is important because we search concerning a collection of information the records to determine under what [FR Doc. 03–5384 Filed 3–6–03; 8:45 am] to solicit comments on: conditions the gas sample was taken if BILLING CODE 4310–84–M (a) Whether the collection of any questions arise concerning the gas information is necessary for the proper sample. functioning of the agency, including DEPARTMENT OF THE INTERIOR (H) Elevation: This information refers whether the information will have to the elevation of the Kelly Bushing or Bureau of Land Management practical utility; ground level elevation on the drilling (b) The accuracy of our estimates of rig. This information is necessary [NV–960–1060–PF–24 1A] the information collection burden, because most wireline logs, mud logs, including the validity of the Extension of Approved Information and other references to the depth of the methodology and assumptions we use; well are made with the Kelly Bushing Collection, OMB Control Number 1004– (c) Ways to enhance the quality, data. The elevation will assist to classify 0042 utility, and clarity of the information the geologic horizons penetrated by the AGENCY: Bureau of Land Management, collected; and well, and give some true depth in Interior. (d) Ways to minimize the burden of relation to sea level data. ACTION: Notice and request for the collection of information on those (I) Name of Producing Formation and comments. who are to respond, including the use Geological Age of Producing Formation: of appropriate automated, electronic, This information is necessary to classify SUMMARY: In accordance with the mechanical, or other technological the subsurface source of the gas sample Paperwork Reduction Act of 1995, the collection techniques or other forms of and to consider other producing zones Bureau of Land Management (BLM) is information technology. in the field or area. requesting the Office of Management Section 3(b)(2)(B) of the Wild Free- (J) Depth (Feet) of Producing and Budget (OMB) to extend an existing Roaming Horse and Burro Act requires Formation and Thickness (Feet): This approval to collect certain information that BLM provide for individuals to information is necessary to consider the from those individuals requesting to adopt wild horses and burros whom the producing zones with those in other adopt a wild horse or burro (43 CFR part Secretary determines are qualified to fields or wells. Thickness of the 4750). BLM uses Form 4710–10, provide humane care and proper producing zone is an essential factor to Application for Adoption of Wild treatment. The regulations are found at

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43 CFR Subpart 4750—Private BLM uses the information to regulations at 43 CFR 3195 to collect Maintenance. Applicants submit Form determine whether individuals are this information. This information 4710–10, Application for Adoption of qualified to provide humane care and allows BLM to monitor reporting and Wild Horse(s) and Burro(s), to adopt proper treatment to one or more adopted recordkeeping of crude helium sales and wild horses and burros. animals. When BLM approves the purchases. BLM requests the following application and the individual DATES: You must submit your comments information on Form 4710–10: completes a Private Maintenance and to BLM at the address below on or (A) The applicant’s name, address, Care Agreement, the individual may before May 6, 2003. BLM will not and telephone number to further adopt one to four wild horses or burros necessarily consider any comments communicate about the adoption. at one time. There is no other source for received after the above date. (B) For possible debt collection the required information, and failure to ADDRESSES: You may mail comments to: purposes, the driver’s license number to furnish the required information will Bureau of Land Management, (WO– locate the adopter if the adopter changes result in the applicant’s denial to adopt 630), Eastern States Office, 7450 Boston his/her address within the state and a wild horse or burro. Blvd., Springfield, Virginia 22153. The collection of information is short, does not leave a forwarding address. You may send comments via Internet simple and does not inconvenience the Wild horses and burros remain the to: [email protected]. Please applicant. Valuable dialogue normally property of the United States until title include ‘‘ATTN: 1004–0179’’ and your occurs during the approval process passes to private individuals. During the name and return address in your when BLM conducts an interview with period between adoption and the Internet message. passing of title, BLM is under obligation the applicant to ensure that the You may deliver comments to the to see that the animals receive human applicant understands the obligations Bureau of Land Management, care and proper treatment. For that and prohibited acts and is Administrative Record, Room 401, 1620 reason, BLM visits and contacts the knowledgeable about horses and burros L Street, NW., Washington, DC 20036. adopter to determine that status and or has access to assistance from a All comments will be available for condition of the animals. BLM uses this knowledgeable individual. public review at the L Street address Based on BLM’s experience in information to also determine the during regular business hours (7:45 a.m. administering the activities described location and condition of animals if the to 4:15 p.m., Monday through Friday). adopter should change the location of above, we estimate the public reporting burden is 10 minutes per response to FOR FURTHER INFORMATION CONTACT: You the animals within the State. may contact Connie H. Neeley, Crude (C) The birth date of the applicant to complete the required information. We estimate 30,000 responses per year and Helium Sales Analyst, on (806) 324– assure that the applicant qualifies to 2635 (Commercial or FTS). Persons who adopt an animal under 43 CFR 4750.3– a total annual burden of 5,000 hours. BLM will summarize all responses to use a telecommunications device for the 2 (must be at least 18 years or older). this notice and include them in the deaf (TDD) may call the Federal (D) The applicant’s social security request for OMB approval. All Information Relay Service on 1–800– number. In those states where the comments will become a matter of 877–8330, 24 hours a day, seven days a driver’s license and social security public record. week, to contact Ms. Neely. numbers are the same, the applicant SUPPLEMENTARY INFORMATION: 5 CFR Dated: February 13, 2003. needs only his/her driver’s license 1320.12(a) requires that we provide a Michael H. Schwartz, number. BLM uses this information for 60-day notice in the Federal Register possible debt collection purposes and to Bureau of Land Management, Information concerning a collection of information Collection Clearance Officer. track the location of the adopter if the to solicit comments on: adopter moves out-of-state. [FR Doc. 03–5385 Filed 3–6–03; 8:45 am] (a) Whether the collection of (E) The applicant must indicate the BILLING CODE 4310–84–M information is necessary for the proper number and species of animals the functioning of the agency, including adopter wishes to adopt so we can whether the information will have DEPARTMENT OF THE INTERIOR determine the availability of the animals practical utility; requested. Bureau of Land Management (b) The accuracy of our estimates of (F) The applicant must provide a map the information collection burden, of the location where the adopted [HE–952–9911–EK] including the validity of the animals will be located so that we can methodology and assumptions we use; conduct inspections of the facility and Extension of Approved Information (c) Ways to enhance the quality, the animals to ensure compliance under Collection, OMB Control Number 1004– utility, and clarity of the information 43 CFR 4750.3–2 relating to private 0179 collected; and maintenance. AGENCY: Bureau of Land Management, (d) Ways to minimize the burden of (G) The applicant must understand Interior. the collection of information on those the restrictions related to adopting a ACTION: Notice and request for who are to respond, including the use wild horse or burro. comments. of appropriate automated, electronic, (H) BLM needs the information on the mechanical, or other technological site where the animals are kept to assure SUMMARY: In accordance with the collection techniques or other forms of that the facilities provide for humane Paperwork Reduction Act of 1995, the information technology. care and comply with the private Bureau of Land Management (BLM) is The Helium Privatization Act of 1996 maintenance regulations located at 43 requesting the Office of Management requires the Department of Defense, the CFR 4750.3–2. and Budget (OMB) to extend an existing Atomic Energy Commission, the (I) The applicant must sign a Private approval to collect helium sales National Aeronautics and Space Maintenance and Care Agreement (a information from Federal agencies and Administration, and other Federal part to the Form 4710–10) after BLM helium suppliers. BLM uses the In-Kind agencies to purchase major helium approves the application to adopt a wild Crude Helium Sales Contract and requirements from authorized horse or burro. nonform information from the contractors. These contractors must

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purchase an equivalent amount of crude BLM uses this information to track calendar days after the end of the helium from the Department of the sales of refined helium and to determine previous quarter. Interior, Bureau of Land Management. the use of the helium. (B) Federal helium suppliers must The In-Kind Crude Helium Sales (B) Section 3.5 requires helium report the annual cumulative helium Contract requires that contract holders suppliers to notify BLM 14 days in delivery report by November 15 of each supply the following information to advance of needing Federal helium in year. BLM: order to provide BLM sufficient time to (C) The name of the company from (A) Section 3.3 asks for reporting each deliver the helium. which you purchased helium. quarter the deliveries made of refined (C) Section 3.7 requires contractors to (D) The amount of helium you helium. The section refers to Addendum keep available for BLM inspection all purchased and the date it was delivered. B of the contract, which specifies pertinent documents and records. We (E) The helium use location. providing the following: use this information to audit the Based on our experience (1) Company name; contractors and to determine whether or administering the activities described (2) Address and contract number; not helium sales were reported above, we estimate the public reporting accurately. burden is one hour for the contract and (3) Name of the Federal agency to (D) Section 7.4 prohibits assigning the two hours for the nonform quarterly which helium sold; contract to another contractor without helium sales reports at 43 CFR 3195. We (4) Date of delivery; BLM’s prior approval. estimate 76 respondents will submit a (5) Sale reference number; BLM also requires the following contract once and quarterly provide (6) Location of helium use; nonform information at 43 CFR 3195: helium sales information. We estimate (7) Volume; and (A) Federal helium suppliers and 380 responses per year and a total (8) Units of helium sold during the buyers must report the total itemized annual burden of 684 hours as indicated itemized sales for the quarterly report. quarterly deliveries of helium within 45 in the table below:

Hours per Number of Burden Requirement responses responses hours

In-kind crude helium sales contract ...... 1 76 76 Helium sales information ...... 2 304 608

Total ...... 380 684

We will summarize all responses to for 45 days after the publication date of academicians involved in natural this notice and send them to OMB when this notice. sciences, representatives of Indian we request approval. All comments will SUPPLEMENTARY INFORMATION: The tribes, and the public-at-large. become a matter of public record. Federal Land Policy and Management Individuals may nominate themselves Dated: March 3, 2003. Act (FLPMA) directs the Secretary of the or others. Nominees must be residents Interior to involve the public in of the State or States in which the RAC Michael H. Schwartz, has jurisdiction. Nominees will be Bureau of Land Management, Information planning and issues related to management of lands administered by evaluated based on their education, Collection Clearance Officer. training, and experience and their [FR Doc. 03–5386 Filed 3–6–03; 8:45 am] BLM. Section 309 of FLPMA directs the Secretary to select 10 to 15 member knowledge of the geographical area of BILLING CODE 4310–84–M citizen-based advisory councils that are the RAC. Nominees should have established and authorized consistent demonstrated a commitment to collaborative resource decisionmaking. DEPARTMENT OF THE INTERIOR with the requirements of the Federal Advisory Committee Act (FACA). As All nominations must be accompanied Bureau of Land Management required by the FACA, RAC by letters of reference from represented membership must be balanced and interests or organizations, a completed background information nomination [WO640 1020 PF 24 1A] representative of the various interests concerned with the management of the form, as well as any other information that speaks to the nominee’s Call for Nominations for Resource public lands. These include three qualifications. Advisory Councils categories: Category One—Holders of federal Simultaneous with this notice, BLM AGENCY: Bureau of Land Management, grazing permits and representatives of State Offices will issue press releases Interior. energy and mineral development, providing additional information for submitting nominations, with specifics ACTION: Notice of Resource Advisory timber industry, transportation or rights- about the number and categories of Council Call for Nominations. of-way, off-highway vehicle use, and commercial recreation; member positions available for each SUMMARY: The purpose of this notice is Category Two—Representatives of RAC in the State. Nominations for RACs to solicit public nominations for each of nationally or regionally recognized should be sent to the appropriate BLM the Bureau of Land Management (BLM) environmental organizations, offices listed below. Resource Advisory Councils (RACs) that archaeological and historic interests, Alaska have member terms expiring this year. dispersed recreation, and wild horse The RACs provide advice and and burro groups; Alaska RAC recommendations to BLM on land use Category Three—Holders of State, Teresa McPherson, Alaska State Office, planning and management of the public county or local elected office, BLM, 222 West 7th Avenue, #13, lands within their geographic areas. employees of a State agency responsible Anchorage, Alaska 99513, (907) 271– Public nominations will be considered for management of natural resources, 3322

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Arizona Lewistown, Montana 59457, (406) DEPARTMENT OF THE INTERIOR 538–1957 Arizona RAC Bureau of Land Management Deborah Stevens, Arizona State Office, Western Montana RAC Notice of Availability of a Draft BLM, 222 N. Central Avenue, Marilyn Krause, Butte Field Office, Phoenix, Arizona 85004–2203, (602) Environmental Impact Statement for BLM, 106 North Parkmont, Butte, 417–9215 the Black Rock Desert-High Rock Montana 59701–3388, (406) 533–7617 Canyon Emigrant Trails National California Dakotas RAC Conservation Area Resource Central California RAC Management Plan, Nevada Mary Ramsey, North Dakota Field AGENCY: Bureau of Land Management, Larry Mercer, Bakersfield Field Office, Office, BLM, 2933 Third Avenue Interior. BLM, 3801 Pegasus Avenue, West, Dickinson, North Dakota Bakersfield, California 93308, (661) 58601–2619, (701) 227–7700 ACTION: Notice of Availability of a Draft 391–6000 Environmental Impact Statement (DEIS) Northeastern California RAC Nevada for the Black Rock Desert-High Rock Canyon Emigrant Trails National Mojave-Southern RAC; Northeastern Jeff Fontana, Eagle Lake Field Office, Conservation Area Resource BLM, 2950 Riverside Drive, Great Basin RAC; Sierra Front Management Plan (RMP), Nevada. Susanville, California 96130, (530) Northwestern RAC 257–0456 SUMMARY: In accordance with Section Debra Kolkman, Nevada State Office, 202 of the National Environmental Northwestern California RAC BLM, 1340 Financial Boulevard, Policy Act of 1969, a Draft Resource Jeff Fontana, Eagle Lake Field Office, Reno, Nevada 89502–7147, (775) 289– Management Plan/Environmental BLM, 2950 Riverside Drive, Susanville, 1946 Impact Statement has been prepared for California 96130, (530) 257–0456 New Mexico the Black Rock Desert-High Rock Canyon Emigrant Trails National Colorado New Mexico RAC Conservation Area. Front Range RAC The Black Rock Desert-High Rock Theresa Herrera, New Mexico State Canyon Emigrant Trails National Ken Smith, Canon City Field Office, Office, BLM, 1474 Rodeo Road, Sante Conservation Area Act of 2000 (the Act) BLM, 3170 E. Main Street, Canon Fe, New Mexico 87505, (505) 438– gave special designation to 1.2 million City, Colorado 81212, (719) 269–8513 7517 acres of public lands managed by the Southwest RAC; Northwest RAC Oregon/Washington Bureau of Land Management (BLM) in Larry Porter, Grand Junction Field northwestern Nevada, collectively Eastern Washington RAC; John Day/ Office, BLM, 2815 H Road, Grand known as ‘‘Black Rock-High Rock.’’ The Snake RAC; Southeast Oregon RAC Junction, Colorado 81506, (970) 244– Act designated 815,000 acres as a 3012 National Conservation Area (NCA) and Pam Robbins, Medford District Office, 752,000 acres as 10 Wilderness Areas Idaho BLM, 3040 Biddle Road, Medford, (378,000 of the Wilderness acres overlap Oregon 97504, (541) 618–2456 Upper Columbia RAC the NCA). The NCA and associated Utah Wilderness Areas were created Stephanie Snook, Upper Columbia- specifically to protect one of the last Salmon Clearwater Field Office, BLM, Utah RAC nationally significant segments of the 1808 North Third Street, Coeur historic emigrant trails used by pioneers d’Alene, Idaho 83814–3407, (208) Sherry Foot, Utah State Office, BLM, to travel from the eastern States to 769–5004 324 South State Street, Suite 301, P.O. Oregon and California, and a landscape Box 45155, Salt Lake City, Utah Upper Snake RAC largely unchanged since the mid-1800s. 84145–0155 (801) 539–4195 Black Rock-High Rock contains an array David Howell, Upper Snake River DATE: All nominations should be of unique historic, cultural, educational, District Office, BLM, 1405 Hollipark received by the appropriate BLM State wildlife, riparian, and wilderness Drive, Idaho Falls, Idaho 83401, (208) resources, threatened species, and 524–7559 Office by 45 days from the publication date of this notice. recreational values. The Act also Lower Snake RAC identified wilderness, grazing, and FOR FURTHER INFORMATION CONTACT: special recreation permit events as MJ Byrne, Lower Snake River District Alden Boetsch, U.S. Department of the valuable existing land uses that are Office, BLM, 3948 Development Interior, Bureau of Land Management, expected to continue. Avenue, Boise, Idaho 83705, (208) Intergovernmental Affairs, MS–LS–406, Designating Black Rock-High Rock as 384–3393 Washington, DC, 20240; 202–452–0393. an NCA and Wilderness Areas placed Montana and Dakotas Dated: February 27, 2003. new emphasis and requirements on resource uses in the area. The DEIS/ Eastern Montana RAC Kathleen Clarke, RMP has been developed to address Mark Jacobsen, Miles City Field Office, Director, Bureau of Land Management. these changes. This DEIS/RMP does not BLM, 111 Garryowen Road, Miles [FR Doc. 03–5468 Filed 3–6–03; 8:45 am] evaluate the designation of the NCA and City, Montana 59301, (406) 233–2831 BILLING CODE 4310–84–P Wilderness Areas, but rather develops several resource management Central Montana RAC alternatives that fully comply with the Kaylene Patten, Lewistown Field Ofice, NCA Act and the Wilderness Act and BLM, Airport Road, PO Box 1160, other applicable laws, regulations and

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policies, and analyzes the Freedom of Information Act, you must interested members of the public environmental consequences associated state this prominently at the beginning informed and involved during the with implementation of each of your written comment. Such requests planning process. A total of 49 meetings alternative. Additionally, approximately will be honored to the extent allowed by involving participation of other federal 15,000 acres in the south playa, 16,000 law. All submissions from organizations agencies, State and Tribal acres in the Lahontan Cutthroat Trout or businesses, and from individuals representatives, and interested publics (LCT) Area, and 3,000 acres included in identifying themselves as have been conducted in northern wilderness access and boundary roads representatives or officials of California and northern Nevada. and road corridors located outside the organizations or businesses, will be Alternative Descriptions and Impacts NCA that are not included in the made available for public review in Expected from Each: designation are evaluated in the DEIS/ their entirety. Copies of the Draft RMP/ No Action—Continuation of Current RMP due to their being contiguous EIS are available for review online at the Management: This alternative entails lands with similar planning issues. Web site http:// continuation of those management These designated and adjacent areas, www.BlackRockHighRock.org/, at the activities that already occur in the totaling approximately 1,221,000 acres BLM NV Winnemucca Field Office at planning area that are consistent with of public lands, are referred to as the the above address, and at the following the requirements of the NCA Act and planning area. repositories: U of Nevada-Reno Getchell the Wilderness Act. Changes to these In addition to other existing laws, Library, Humboldt County Library, BLM management practices would be made regulations and policies, the NCA Act NV Carson City Field Office, BLM NV for the sole purpose of compliance with and the Wilderness Act govern land and State Office, Gerlach NV Library, Reno the NCA Act and other applicable laws resource use decisions in 97.4% of the NV Public Library, Pershing County NV and regulations. Natural resources and planning area. As a result, the range of Public Library, Lyon County NV visitation would be managed in alternatives presented in this planning Library—Dayton NV, BLM CA Surprise accordance with existing law, regulation document and the impacts anticipated Field Office, Modoc County CA and policy. from their implementation are more Library—Cedarville CA, Modoc County Impacts—The only impacts expected constrained than is typical of BLM Library—Alturas CA, BLM CA State are those that would occur as a result of management plans. Office, and BLM CA Eagle Lake Field continuing current management Current management is guided by four Office. Persons who are not able to practices in or adjacent to the planning Management Framework Plans (MFPs): review the DEIS in either of these ways area. The No Action Alternative is the baseline that the other alternatives are The Sonoma-Gerlach, Paradise-Denio, may request one of a limited number of compared to, to determine impacts. Tuledad-Homecamp, and Cowhead- printed copies or compact discs (CDs) Alternative A—Emphasis on Natural Massacre MFPs. The No Action by contacting the NCA Planning Staff at Processes: This alternative emphasizes Alternative in the DEIS/RMP would the Winnemucca Field Office. In providing visitors with a self-directed continue management under these addition, you can e-mail a request for a opportunity to experience what the MFPs consistent with the requirements copy of the DEIS to [email protected], emigrants and other early visitors to the of the NCA Act of 2000 as amended and call in a request to (775) 623–1500, or area experienced in the mid 1800s. the Wilderness Act of 1964. fax a request to (775) 623–1503. Please Visitors would experience the area as an DATES: Written comments on the Draft be sure to direct the request to the NCA unspoiled, cross-section of the RMP/EIS will be accepted for 90 days Planning Staff, clearly state that it is a northwestern Great Basin where natural following the date the Environmental request for a printed copy or CD of the processes have been allowed to Protection Agency publishes the Notice Black Rock-High Rock DEIS, and continue with specific restrictions on of Availability in the Federal Register. include your name, mailing address and visitor activities to protect both visitors Future meetings or hearings and any phone number. and resources. The focus of resource other public involvement activities will FOR FURTHER INFORMATION CONTACT: management would minimize be announced in 15 days in advance David C. Cooper, NCA Manager, BLM intervention into natural processes to through public notices, media news Winnemucca Field Office, 5100 East allow for their continued progression, releases, and/or mailings. Winnemucca Blvd., Winnemucca, NV provided degradation was not occurring. ADDRESSES: Comments may be 89445–2921, (775) 623–1500. Specific management would be submitted by any one of several SUPPLEMENTARY INFORMATION: The DEIS/ developed if degradation were to occur. methods. Comments can be mailed to RMP have been developed through a Impacts—The impacts from this the Bureau of Land Management, collaborative planning process alternative are similar to the no action Winnemucca Field Office, Attention: involving two BLM State Offices and alternative with few visitor services NCA Plan, 5100 E. Winnemucca Blvd., two BLM Field Offices, other federal provided, but more opportunities for Winnemucca, NV 89445–2921. agencies, the State of Nevada Black self-discovery. Minor impacts to natural Comments can be posted through the Rock Planning Team, area Tribal resources are anticipated from Internet at http:// Government representatives, increased, primarily self-directed www.BlackRockHighRock.org/ by representatives of the local communities visitation. This alternative could reduce clicking on ‘‘Submit Your Input’’ and of Cedarville, California and Empire- the anticipated rate of increase in completing the online form. Comments Gerlach, Nevada, Modoc County, visitation due to difficulty in accessing will be accepted at public meetings in California, Humboldt County, Nevada, the area. March 2003. Finally, comments can be Pershing County, Nevada, and many Alternative B—Emphasis on Response hand-delivered to the Bureau of Land diverse interests represented on a to Change (Preferred Alternative): This Management, Winnemucca Field Office, Resource Advisory Council Subgroup alternative also emphasizes providing at the above address. Individual formed specifically to participate with visitors with a self-directed opportunity respondents may request BLM in the planning process. In to experience what the emigrants and confidentiality. If you wish to withhold addition, a planning Web site was other early visitors to the area your name or street address from public created at http:// experienced in the mid 1800s. It is review or from disclosure under the www.BlackRockHighRock.org/ to keep distinguished from Alternative A in that

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it employs a management approach that ACTION: Notice of availability of Draft Pocatello, Idaho 83201, or e-mail would more readily identify and Environmental Impact Statement (DEIS). [email protected]. accommodate changing conditions over SUMMARY: In accordance with Section SUPPLEMENTARY INFORMATION: The time by allowing the application of agency Preferred Alternative is the management decisions responsive to 202 of the National Environmental Policy Act of 1969, a Draft Proposed Action because it disturbs the these changing conditions. This least acreage of the action alternatives alternative has the flexibility to respond Environmental Impact Statement has been prepared for the Supplemental and all waste material is backfilled to to increasing visitation and resource the pits. In addition to the Proposed deterioration that could occur over the Mine and Reclamation Plan for the North Rasmussen Ridge phosphate Action of continuing mining along the long term. A visitor center would be strike of the ore while backfilling developed outside the NCA. mine, Caribou County, Idaho. The Environmental Impact Statement was previously mined-out pits, two Impacts—The impacts from this additional alternatives are being alternative are less spontaneity for prepared to assess the impacts of implementing the Supplemental Mine considered. Alternative 1 is similar to visitor use, but more visitor services the proposed alternative, but includes than alternative A. These visitor and Reclamation Plan, and to disclose those impacts to the public and the lead impermeable capped backfilled wastes. services will have minimal impacts on Alternative 2 is described as the No- agency decision-maker. The DEIS visual quality and feeling of remoteness. Action Alternative and would not allow analyzes the potential impacts related to Alternative B is preferred because it mineral extraction to occur on the the expansion of mining at Agrium’s provides for a management approach approved leases. that is balanced between No Action North Rasmussen Ridge Mine in The BLM believes, at this early stage, (little regulation of use) and Alternative southeast Idaho. The Proposed Action it is important to give reviewers notice C (emphasis on visitation and includes developing two mine pits and of several court rulings related to public interpretation including possible a haul road. Use of existing support and participation in the environmental construction of a visitor center inside transportation systems would continue. review process. First, reviewers of draft the NCA), while offering the best means Existing operations at the Central environmental impact statements must of responding to changing conditions Rasmussen Ridge Mine were approved structure their participation in the and public needs over the life of the in a 1997 Record of Decision. This environmental review of the proposal so RMP. environmental analysis reviews that it is meaningful and alerts an Alternative C—Emphasis on potential impacts from selenium and agency to the reviewer’s position and Visitation and Interpretation: Emphasis updates the previous impact analyses contentions. Vermont Yankee Nuclear focuses on more active visitor support for other resources. Alternatives to the Power Corp. v. NRDC, 435 U.S. 519,553 in this alternative. Resource Proposed Action are also analyzed and (1978). Also, environmental objections management activities allow for site-specific mitigation measures that could be raised at the draft EIS necessary intervention at varying levels developed. stage but that are not raised until after in geographic areas to enable both the DATES: Written comments on the DEIS completion of the final EIS may be natural and historic context to be will be accepted for 60 days following waived or dismissed by the courts. City experienced while ensuring that the date the Environmental Protection of Angoon v. Hodel, 803 F. 2d 1016, resource protection is not compromised. Agency publishes the Notice of 1022 (9th Cir. 1986) and Wisconsin A visitor center would be developed in Availability in the Federal Register. Heritages, Inc. v. Harris, 490 F. Supp. or near the NCA. ADDRESSES: Written comments should 1334, 1338 (E.D. Wis. 1980). Because of Impacts—This alternative has a be sent to the Pocatello Field Office these court rulings, it is very important slightly higher impact on visual quality Manager, BLM, 1111 N. 8th Avenue, that those interested in this proposed and the feeling of remoteness than Pocatello, Idaho 83201, or e-mailed to action participate by the close of the 60- alternative B. This alternative could also [email protected]. Our day comment period for the draft EIS so result in increases in visitation due to practice is to make comments, including that substantive comments and the increased visitor services and easier names and home addresses of objections are made available to the access to the area. respondents, available for public review BLM at a time when it can meaningfully Dated: December 11, 2002. during regular business hours. consider and respond to them in the Terry A. Reed, Individual respondents may request final EIS. Field Manager, Winnemucca Field Office, confidentiality. If you wish to withhold Phil Damon, your name or street address from public Bureau of Land Management. Field Office Manager. [FR Doc. 03–5304 Filed 3–6–03; 8:45 am] review or from disclosure under the Freedom of Information Act, you must [FR Doc. 03–5303 Filed 3–6–03; 8:45 am] BILLING CODE 4310–AG–P state this prominently at the beginning BILLING CODE 4310–GG–P of your written comment. Such requests DEPARTMENT OF THE INTERIOR will be honored to the extent allowed by DEPARTMENT OF THE INTERIOR law. All submissions from organizations Bureau of Land Management and businesses, and from individuals Bureau of Land Management identifying themselves as [ID–075–03–1330–EO] representatives or officials of [OR–090–5882–PH–EE01; GP3–0101] organizations or businesses, will be Notice of Availability of Supplemental Eugene District BLM Resource available for public inspection in their Mine and Reclamation Plan, North Advisory Committee Meeting entirety. Rasmussen Ridge Mine, and AGENCY: Bureau of Land Management, Associated Draft Environmental Impact FOR FURTHER INFORMATION CONTACT: To Interior. Statement, Caribou County, ID request a copy of the document, please call (208) 478–6353, or write or e-mail ACTION: Meeting notice for the Eugene AGENCY: Bureau of Land Management, Mr. Wendell Johnson, BLM Pocatello District, Bureau of Land Management Interior. Field Office, 1111 North 8th Avenue, (BLM) Resource Advisory Committees

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under Section 205 of the Secure Rural DEPARTMENT OF THE INTERIOR Dated: February 28, 2003. Schools and Community Self Linda S.C. Rundell, Determination Act of 2000 (Pub. L. 106– Bureau of Land Management State Director. 393). [NM–910–03–1020–PG] [FR Doc. 03–5435 Filed 2–6–03; 8:45 am] BILLING CODE 4310–FB–M SUMMARY: This notice is published in Notice of Public Meeting, New Mexico accordance with section 10(a)(2) of the Resource Advisory Council Meeting DEPARTMENT OF THE INTERIOR Federal Advisory Committee Act. AGENCY: Bureau of Land Management, Meeting notice is hereby given for the Interior. Bureau of Land Management Eugene District BLM Resource Advisory ACTION: Notice of public meeting. Committee pursuant to section 205 of [CA–942–5700–BJ–044B) the Secure rural Schools and SUMMARY: In accordance with the Community Self Determination Act of Federal Land Policy and Management California: Filing of Plat of Survey 2000, Public Law 106–393 (the Act). Act (FLPMA) and the Federal Advisory Topics to be discussed by the BLM Committee Act of 1972 (FACA), the U.S. AGENCY: Bureau of Land Management, Resource Advisory Committee include Department of the Interior, Bureau of Interior. selection of a chairperson, public forum Land Management (BLM) New Mexico ACTION: Notice of filing of plat of survey. and proposed projects for funding in Resource Advisory Council (RAC), will ‘‘Round III FY 04’’ under Title II of the meet as indicated below. SUMMARY: The Bureau of Land Act. DATES: The meeting will be held on Management (BLM) will file the plats of April 3–4, 2003, at the NM Tech, Macey survey of the lands described below in DATES: The BLM Resource Advisory Center, Galena Room, Olive Lane, the BLM California State Office, Committees will meet on the following Socorro, NM, beginning at 8 a.m. The Sacramento, California, in 30 days from dates: The Eugene Resource Advisory meeting will adjourn between 4 and 5 the date of publication in the Federal Committee will meet at the BLM Eugene p.m. both days. An optional Field Trip Register. District Office, 2890 Chad Drive. is planned for April 2 to view the SUPPLEMENTARY INFORMATION: The plats Eugene, Oregon 97440, 9 a.m. to 3 p.m., Socorro off-highway vehicle area east of of Survey of Lands described below on May 22, 2003 and 9 a.m. to 3 p.m., Johnson Hill, Sierra Ladrones have been officially filed at the on June 26, 2003. The public forum will Wilderness Study Area, and Ladrone California State Office of the Bureau of be held from 12:30–1 p.m. on both days. Area of Critical Environmental Concern, Land Management in Sacramento, private in-holdings, Dogs Trials, a stop SUPPLEMENTARY INFORMATION: Pursuant California. at Riley to discuss cultural issues, and to the Act, five Resource Advisory Box Canyon Special Management Area. Humboldt Meridian, California Committees have been formed for The three established RAC T. 4 N., R 1 W. western Oregon BLM districts that subcommittees will meet in the late contain Oregon & California (O&C) afternoon or evening on Thursday, April Corrective dependent resurvey of a Grant Lands and Coos Bay Wagon Roads 3. The public comment period will portion of the subdivisional lines, and a lands. The Act establishes a six-year begin at 10 a.m. on Friday, April 4, and portion of the metes-and-bounds survey payment schedule to local counties in end at 12 noon. of the Headwaters Tract under (Group lieu of funds derived from the harvest SUPPLEMENTARY INFORMATION: The 15- 1354) accepted September 9, 2002 to of timber on federal lands, which have member Council advises the Secretary meet certain administrative needs of the dropped dramatically over the past 10 of the Interior, through the Bureau of BLM, Arcata Field Office. years. Land Management, on a variety of T. 6N., R 5 E. The Act creates a new mechanism for planning and management issues local community collaboration with associated with public land Dependent resurvey, retracement, and federal land management activities in management in New Mexico. At this metes-and-bounds survey under (Group the selection of projects to be conducted meeting, the topics we plan to discuss 1367) accepted September 30, 2002 to on federal lands or that will benefit include: Wilderness Study Proposal, meet certain administrative needs of the resources on federal lands using funds Socorro Resource Management Plan, BLM, Arcata Field Office. under Title II of the Act. The BLM Resource Management Plan Process. Mount Diablo Meridian, California Resource Advisory Committees consist All meetings are open to the public. T. 1 S., R 25 E. of 15 local citizens (plus 6 alternates) The public may present written representing a wide array of interests. comments to the Council. Each formal Amended protraction diagram for Council meeting will also have time unsurveyed area, accepted February 27, FOR FURTHER INFORMATION CONTACT: allocated for hearing public comments. 2002 to meet certain administrative Additional information concerning the Depending on the number of persons needs of the BLM, Bishop Field Office. BLM Resource Advisory Committees wishing to comment and time available, may be obtained from Wayne Elliott, the time for individual oral comments T. 2 S., R 21 E. Designated Federal Official, Eugene may be limited. New Mexico RAC Amended protraction diagram, District Office, P.O. Box 10226, Eugene, meetings are coordinated with the accepted March 4, 2002 to meet certain Oregon 97440, (541) 683–6600, or representative of the Governor of the administrative needs of the BLM, [email protected]. State of New Mexico. Folsom Field Office. Dated: February 28, 2003. FOR FURTHER INFORMATION CONTACT: Theresa Herrera, RAC Coordinator, New T. 29 N., R 4 E. Julia Dougan, Mexico State Office, Office of External Dependent resurvey of a portion of Eugene District Manager. Affairs, Bureau of Land Management, the South boundary, and the metes-and- [FR Doc. 03–5390 Filed 3–6–03; 8:45 am] PO box 27115, Santa Fe, NM 87502– bounds Survey of Tract 37, under BILLING CODE 4310–33–M 0115, (505) 438–7517. (Group 1360) accepted March 29, 2002

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to meet certain administrative needs of T. 8 S., R 29 E. T. 30 S., R 15 E. the BLM, Folsom Field Office. Amended protraction diagram for Dependent resurvey and subdivision T. 47 N., R 1 W. unsurveyed area, accepted April 26, of section 19, under Group (1329) 2002, to meet certain administrative accepted July 3, 2002, to meet certain Supplemental plat showing new needs of the BLM, Bishop Field Ofifce needs of the BLM, Bakersfield Field lotting in section 14, accepted April 8, and Bakersfield Field Office. Office. 2002 to meet certain administrative needs of the BLM, Redding Field Office. T. 8 S., R 31 E. T. 44 N., R 7 W. T. 6 S., R 26 E. Amended protraction diagram for Dependent resurvey and subdivision unsurveyed area, accepted April 29, of section 2, under Group (1381) Amended protraction diagram for 2002, to meet certain needs of the BLM, accepted July 3, 2002, to meet certain unsurveyed area, accepted April 8, 2002 Bishop Field Office. needs of the BLM, Redding Field Office. to meet certain administrative needs of the BLM, Bakersfield Field Office. T. 7 S., R 27 E. T. 2 N., R 25 E. Amended protraction diagram for T. 6 S., R 27 E. Dependent resurvey and subdivision unsurveyed area, accepted May 7, 2002, of section 13, under Group (1338) Amended protraction diagram for to meet certain needs of the BLM, accepted July 26, 2002, to meet certain unsurveyed area, accepted April 8, 2002 Bakersfield Field Office. needs of the BLM, Redding Field Office. to meet certain administrative needs of T. 8 S., R 27 E. the BLM, Bakersfield Field Office. T. 5 S., R 30 E. Amended protraction diagram for T. 30 S., R 14 E. Dependent resurvey and subdivision unsurveyed area, accepted May 7, 2002, of section 24, under Group (1380) 1 Supplemental plat of the NW ⁄4 of to meet certain needs of the BLM, accepted July 26, 2002, to meet certain 1 section 2 and N ⁄2 of section 3, accepted Bakersfield Field Office. needs of the BLM, Bishop Field Office. April 8, 2002, to meet certain T. 32 N., R 5 W. administrative needs of the BLM, T. 5 N., R 25 E. Dependent resurvey, subdivision of Bakersfield Field Office. Dependent resurvey and subdivision section 30, and metes-and-bounds of section 28, under Group (1348) T. 10 N., R 11 E. survey under Group (1336) accepted accepted July 26, 2002, to meet certain June 18, 2002, to meet certain needs of Supplemental plat of a portion of needs of the BLM, Bishop Field Office. section 6, accepted April 15, 2002, to BLM, Redding Field Office. T. 6 N., R 8 E. meet certain administrative needs of the T. 33 N., R 11 W. BLM, Folsom Field Office. Dependent resurvey and metes-and- Dependent resurvey of a portion of T. 2 S., R 9 E. bounds survey of tract 37 under Group the west boundary, a portion of the subdivisional lines, and the subdivision Supplemental plat showing Tract 37, (1376) accepted June 20, 2002, to meet certain needs of BLM, Redding Field of section 18, under Group (1348) containing new lots 8, 9, 10, 11, and 12, accepted July 31, 2002, to meet certain 1 Office. Replacing old lot 6 in the SW ⁄4 of needs of the BLM, Palm Springs Field section 23, accepted April 15, 2002, to T. 21 N., R 9 W. Office. meet certain administrative needs of the Dependent resurvey, corrective BLM, Folsom Field Office. T. 1 S., R 27 E. dependent resurvey and survey under T. 6 S., R 28 E. Group (1156) accepted July 1, 2002, to Dependent resurvey and Metes-and- bounds of Tract 37, under Group (1361) Amended protraction diagram for meet certain needs of BLM, Redding Field Office. accepted July 31, 2002, to meet certain unsurveyed area, accepted April 24, needs of the BLM, Bishop Field Office. 2002, to meet certain administrative T. 38 N., R 6 E. T. 4 S., R 30 E. needs of the BLM, Bishop Field Office Dependent resurvey and subdivision and Bakersfield Field Office. of sections 19 and 20, accepted July 1, Dependent resurvey and subdivision T. 5 S., R 29 E. 2002, to meet certain needs of BLM, of section 29, under Group (1355) Alturas Field Office. accepted July 31, 2002, to meet certain Amended protraction diagram, needs of the BLM, Bishop Field Office. accepted April 24, 2002, to meet certain T. 18 N., R 10 W. T. 2 N., R 26 E. administrative needs of the BLM, Corrective dependent resurvey, Bishop Field Office and Bakersfield dependent resurvey, and metes-and- Dependent resurvey and subdivision Field Office. bounds survey, under Group (1309) and metes-and-bounds survey, under T. 5 S., R 28 E. accepted July 1, 2002, to meet certain Group (1284) accepted August 1, 2002, needs of the BLM, Redding Field Office. to meet certain needs of the BLM, Amended protraction diagram for Bishop Field Office. unsurveyed area, accepted April 24, T. 4 N., R 10 E. T. 16 N., R 8 E. 2002, to meet certain administrative Dependent resurvey and subdivision needs of the BLM, Bishop Field Office of section 3, under Group (1328) Supplemental plat of the SW1⁄4SW1⁄4 and Bakersfield Field Office. accepted July 1, 2002, to meet certain of section 1, under Group (1400) accepted August 8, 2002, to meet certain T. 6 S., R 29 E. needs of the BLM, Folsom Field Office. needs of the BLM, Folsom Field Office. Amended protraction diagram for T. 5 N., R 10 E. unsurveyed area, accepted April 24, Dependent resurvey and subdivision T.47 N., R 12 W. 2002 to meet certain administrative of section 34, under Group (1328) Dependent resurvey and metes and needs of the BLM, Bishop Field Office accepted July 1, 2002, to meet certain bounds survey, under Group (1310) and Bakersfield Field Office. needs of the BLM, Folsom Field Office. accepted August 13, 2002, to meet

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certain needs of the BLM, Redding Field of sections 30, 31, 32, and 33, under automated information collection Office. Group (1353) accepted August 1, 2002, techniques or other forms of information to meet certain needs of the BLM, Palm technology. These information T. 10 S., R 22 E. Springs-South Coast Field Office. collections are associated with permits Dependent resurvey and subdivision implementing provisions of the agency T. 10 and 11 S., R 1 W. of section 11 and 15, under Group regulations pertaining to the use of (1357) accepted August 13, 2002, to Dependent resurvey of a portion of public lands. The application forms are meet certain needs of the BLM, the subdivisional lines and certain tract up for renewal. The forms have been Bakersfield Field Office. boundaries, Under Group (1358) modified slightly and are the subject of accepted August 26, 2002, to meet T. 32 N., R 5 W. this request for comments. certain needs of the BLM, Palm Springs DATES: Written comments must be Supplemental plat of the NE1⁄4NE1⁄4 of Field Office. submitted on or before May 6, 2003. section 31, accepted September 13, We will place a copy of the plats we 2002, to meet certain needs of the BLM, described in the open files. They will be ADDRESSES: Comments should be Redding Field Office. available to the public as a matter of addressed to Lee Dickinson, National information. Park Service, 1849 C Street, NW. (org. T. 46 N., R 16 E. If BLM receives a protest against any code 2460), Washington, DC 20240. All Dependent resurvey and metes-and- of these surveys, as shown on these responses to this notice will be bounds survey, under Group (1383) plats, prior to the date of the official summarized and included in the request accepted September 13, 2002, to meet filing, we will stay the filing pending for OMB renewal of the forms, as certain needs of the BLM, Alturas Field our consideration of the protest. modified. All comments will become a Office. We will not officially file these plats matter of public record. Copies of the until the day after we have accepted or above mentioned draft forms may be T. 13 S., R 39 E. dismissed all protests and they have obtained from the Internet at http:// Dependent resurvey and subdivision become final, including decisions on www.nps.gov/policy/Dorders/ of sections 17, 18, 19, and 20, Under appeals. Permitform.pdf or by contacting Lee Group (1350) accepted September 19, Dickinson. FOR FURTHER INFORMATION CONTACT: 2002, to meet certain needs of the BLM, Bureau of Land Management, 2800 FOR FURTHER INFORMATION CONTACT: Lee Ridgecrest Field Office. Cottage Way, Room W–1834, Dickinson, Ranger Activities Division, San Bernardino Meridian, California Sacramento, CA 95825, (916) 978–4310. National Park Service, at telephone 202– Dated: February 24, 2003. 513–7092, or by e-mail at T. 13 S., R 3 E. [email protected]. Lance J. Bishop, Dependent resurvey and subdivision SUPPLEMENTARY INFORMATION: There are of section 25, under Group (1382) Chief, Branch of Geographic Services, Division of Support Services. three (3) collection information forms accepted January 23, 2002, to meet up for renewal. certain needs of the USDA, Forest [FR Doc. 03–5441 Filed 3–6–03; 8:45 am] BILLING CODE 4310–40–M Title: Application for Special Use Service, Cleveland National Forest. Permit (10–930); Application for T. 11 N., R 10 E. Photography/Filming Permit—Short DEPARTMENT OF THE INTERIOR Form (10–931); Application for Dependent resurvey and subdivision Photography/Filming Permit—Long of section 29, under Group (1389) National Park Service Form (10–932). accepted February 8, 2002, to meet OMB Number: 1024–0026. certain needs of the BLM, Needles Field 60 Day Notice of Intention To Request Expiration Date of Approval: Office. for Clearance of Information September 30, 2003. T. 1 S., R 1 E. Collection, Special Park Use Type of Request: Extension of and Application Forms, Opportunity for Dependent resurvey and subdivision revision to currently approved Public Comment information collection. of the NE1⁄4 section 18, under Group (1389) accepted March 26, 2002, to meet AGENCY: National Park Service, Abstract: The National Park Service’s certain needs of the BLM, Needles Field Department of the Interior. legislative mandate is to preserve Office. ACTION: Notice and request for America’s natural and cultural treasures comments. unimpaired for future generations, T. 1 N., R 18 W. while also making them available for the Metes-and-bounds survey in Rancho SUMMARY: Under the provisions of the enjoyment of the visitor (16 U.S.C. 1). Las Virgenes, under Group (1349) Paperwork Reduction Act of 1995 (Pub. NPS regulations, codified at title 36 accepted July 1, 2002, to meet certain L. 104–14, 44 U.S.C. 3507 and 5 CFR code of Federal Regulations, are needs of the BLM, Spring-South Coast part 1320, Reporting and Record promulgated to allow for the enjoyment Field Office. Keeping Requirements), the National and use of the resource by the public Park Service (NPS) invites public while protecting the resource. These T. 25 N., R 5 E. comment on a request for renewal for forms are intended to gather sufficient Dependent resurvey and subdivision, the information collection requirements. information to enable park managers to under Group (1379), accepted July 31, The NPS seeks comments on the be able to approve or deny the requested 2002, to meet certain needs of the BLM, necessity for this information collection, uses of public lands authorized in 36 Bishop Field Office. the accuracy of our burden estimates, CFR and, if approved, to provide ways to enhance the quality, utility and sufficient conditions to protect park T. 6 S., R 3 E. clarity of the information to be collected lands from impairment or derogation of Dependent resurvey of a portion of and alternative methods of collection to the resources, values and purposes for the South boundary, a portion of the minimize burden and improve service which the park was created. The uses subdivisional lines, and the subdivision to the public, including the use of considered under these information

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collection applications generally Historical Park, 30 Washington Place, 343–1836. Written or faxed comments include those which regulate or limit Morristown, NJ 07960, (973) 539–2016, should be submitted by March 24, 2003. those activities not available to the ext. 201. Carol D. Shull, public at large, such as special events, SUPPLEMENTARY INFORMATION: Copies of commercial filming, and grazing in Keeper of the National Register of Historic the document will be available for Places. parks where such activity is authorized review at the following locations: by law. • Morristown National Park GEORGIA Respondents: Individuals, not-for- headquarters, 30 Washington Place, DeKalb County profit institution, for profit businesses. Morristown, New Jersey • Briarcliff—Normandy Apartments, Roughly Estimated annual burden on Morris County Library, 30 E. along Briarcliff Rd., Normandy Dr. and respondents: 11,150 hours. Hanover Avenue, Whippany, New Chalmette Dr., Atlanta, 03000136 Estimated average burden hours per Jersey response: .6 hours. • The Joint Free Public Library of Jackson County Estimated average number of Morristown and Morris Township, 1 Jefferson Historic District, Roughly centered respondents: 18,600 annually. Miller Road, Morristown, New Jersey on the downtown central business district Estimated frequency of response: • Mendham Borough Library, 10 of Jefferson extending to city limits to NW 18,600 annually. Hilltop Road, Mendham, New Jersey and SW, Jefferson, 03000137 • Bernards Township Library, 32 S. Jasper County Leonard E. Stowe, Maple Avenue, Basking Ridge, New Phillips—Turner—Kelly House, 3321 Calvin Acting Information Collection Clearance Jersey Rd., Monticello, 03000135 Officer, National Park Service, WAPC. • Somerset County Library, 1 Vogt [FR Doc. 03–5499 Filed 3–6–03; 8:45 am] Drive, Bridgewater, New Jersey Muscogee County BILLING CODE 4310–70–M To request copies of the document, Peacock Woods-Dimon Circle Historic please contact the park. After public and District, Bounded by Cherokee and Forest interagency review of the draft GMP/ Aves. and 13th and 17th Sts., Columbus, DEPARTMENT OF THE INTERIOR EIS, comments will be considered, and 03000134 a final EIS, followed by a Record of INDIANA National Park Service Decision, will be prepared. The process Allen County is anticipated to be completed by July Environmental Statements; Notice of Wabash Railroad Depot, 530 State St., New Availability 2003. Comments on the draft General Haven, 03000146 AGENCY: National Park Service, Interior. Management Plan/Environmental Grant County ACTION: Notice of availability. Impacts Statement should be submitted Jay, Abijah C., House, 118 W 7th St., Marion, to Brian Aviles, Project Manager, at the 03000145 SUMMARY: Pursuant to section 102(2)(C) NPS Boston Support Office, 15 State Jenkins, Israel, House, 7453 E 400 S, Marion, of the National Environmental Policy Street, Boston, MA 02109. Comments 03000139 Act of 1969, the National Park Service may also be faxed to (617) 223–5164. Hendricks County announces the availability of the draft Dated: January 9, 2003. Hendricks County Bridge Number 316, General Management Plan and draft Michael D. Henderson, Center Rd., Friendship Gardens over White Environmental Impact Statement for Lick Creek, Plainfield, 03000140 Morristown National Historical Park, Superintendent, Morristown National Historical Park. New Jersey. The draft GMP/EIS Jackson County proposes a long-term approach to [FR Doc. 03–5500 Filed 3–6–03; 8:45 am] Beatty—Trimpe Farm, 4475 E IN 258, managing Morristown NHP. Consistent BILLING CODE 4310–70–P Seymour, 03000138 with the park’s mission, NPS policy, Knox County and other laws and regulations, three DEPARTMENT OF THE INTERIOR Hack and Simon Office Building, 1006 N 3rd alternatives are presented to guide the St., Vincennes, 03000141 management of the park over the next National Park Service 15 to 20 years. The alternatives Lake County incorporate various zoning and National Register of Historic Places; Lowell Commercial Historic District, 305– management prescriptions to ensure Notification of Pending Nominations 519 Commercial Ave. and 108–110 Clark resource preservation and public St., Lowell, 03000144 Nominations for the following enjoyment of the park. The Marion County properties being considered for listing environmental consequences that are Franklin, Benjamin, Public School Number anticipated from implementing the in the National Register were received by the National Park Service before 36, (Public School Buildings in various alternatives are evaluated in the Indianapolis Built Before 1940 MPS) 2801 report. Impact topics include cultural February 15, 2003. Pursuant to section N. Capitol Ave., Indianapolis, 03000143 and natural resources, visitor 60.13 of 36 CFR Part 60 written Indianapolis Park and Boulevard System, experience, park operations, the comments concerning the significance Roughly bounded by 38th St., Emerson, socioeconomic environment, of these properties under the National Southern and Tibbs Aves., ext. to Fall impairment, and sustainability. Register criteria for evaluation may be Creek and Pleasant Run Pkwys to Shadeland, Indianapolis, 03000149 Alternative C is the preferred forwarded by United States Postal alternative. Service, to the National Register Historic Morgan County Places, National Park Service, 1849 C Cedar Point Farm, 8185 E. IN 252, DATES: The draft GMP/EIS will remain St., NW., 2280, Washington, DC 20240; on public review for 60 days, from Morgantown, 03000148 by all other carriers, National Register of Mooresville Commericial Historic District, February 7, 2003 through April 8, 2003. Historic Places, National Park Service, roughly, one blk N,S, E and W of the corner FOR FURTHER INFORMATION CONTACT: 1201 Eye St., NW., 8th floor, of Main and Indiana, Mooresville, Superintendent, Morristown National Washington DC 20005; or by fax, 202– 03000147

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Tippecanoe County Dane County Washtenaw County Dayton Historic District, Roughly bounded by Cold, Jens and Ingeborg, House, 111 S Fifth Devereaux, Nathan B., Octagon House, 66425 Walnut, Harrison, and Pennsylvania Sts., St., Stoughton, 03000169 Eight Mile Rd., Northfield, 03000177 Dayton, 03000142 Door County Wayne County TENNESSEE Bullhead Point Historical and Archeological Cherry Hill Historic District, Cherry Hill and Haywood County District, (Great Lakes Shipwreck Sites of Ridge Rds., Canton Township, 03000176 Woodland Baptist Church, 885 Woodland Wisconsin MPS) N. Duluth Ave., Sturgeon Clyde, Thomas and Isabella Moore, House, Church Rd., Woodland, 03000150 Bay, 03000167 50325 Cherry Hill Rd., Canton Township, Montgomery County Oneida County 03000175 Truesdell, Ephraim and Emma Woodworth, Guildfield Missionary Baptist Church, (Rural Jollywood, 999 Leatzow Rd., Three Lakes, House, (Canton Township MPS) 1224 African-American Churches in Tennessee 03000166 MPS) Guildfield Church Rd., South Haggerty Rd., Canton, 03000174 [FR Doc. 03–5502 Filed 3–6–03; 8:45 am] Guthrie, 03000151 MISSOURI BILLING CODE 4310–70–P UTAH Crawford County Davis County Wagon Wheel Motel, Cafe and Station, 901– DEPARTMENT OF THE INTERIOR West Bountiful Historic District, 800 West, 905 e. Washington St., Cuba, 03000183 400 North, 1000 North, West Bountiful, 03000158 National Park Service Greene County Kane County National Register of Historic Places; Rock Fountain Court Historic District, 2400 W. College St., Springfield, 03000179 Kanab (Union Pacific) Lodge, (Kanab, Utah Notification of Pending Nominations MPS) 86 S 200 W, Kanab, 03000153 Jasper County 66 Drive-In, Kanab Hotel and Cafe, (Kanab, Utah MPS) 19 Nominations for the following 17231 Old 66 Blvd., Carthage, 03000182 W. Center St., Kanab, 03000152 properties being considered for listing Salt Lake County in the National Register were received St. Louis County Salt Lake Engineering Works—Bogue Supply by the National Park Service before Big Chief Restaurant, 17352 Old Manchester Company Building, 741 W 400 S, Salt Lake February 22, 2003. Pursuant to section Rd., Wildwood, 03000181 City, 03000156 60.13 of 36 CFR Part 60 written Red Cedar Inn, 1047 East Osage, Pacific, comments concerning the significance 03000180 San Juan County of these properties under the National RHODE ISLAND Jones, Frederick Issac and Mary M., House, Register criteria for evaluation may be 117 E 200 S, Monticello, 03000154 forwarded by United States Postal Providence County Summit County Service, to the National Register Historic Smith—Ballou House, 641 Harris Avenue, Echo Post Office, 3455 S. Echo Rd., Echo, Places, National Park Service, 1849 C Woonsocket, 03000184 03000159 St., NW., 2280, Washington, DC 20240; McPolin Farmstead, UT 224, Park City, by all other carriers, National Register of TEXAS 03000155 Historic Places, National Park Service, Dallas County 1201 Eye St., NW., 8th floor, Utah County Texas Theatre, 231 W. Jefferson Blvd., Dallas, Washington, DC 20005; or by fax, 202– Springville Historic District, (Springville 03000187 MPS) Roughly bounded by 400 North, 400 343–1836. Written or faxed comments East, 800 South, Main St., 400 South and should be submitted by March 24, 2003. Harris County 400 West, Springville, 03000157 Beth Boland, Texas Company Building, 1111 Rusk, Houston, 03000185 WASHINGTON Acting Keeper of the National Register of King County Historic Places. Travis County Cooper, Frank B., Cooper Elementary School, CONNECTICUT Fogel, Seymour and Barbara, House, 2411 4408 Delridge Way SW, Seattle, 03000161 Kinney Rd., Austin, 03000186 Gaffney’s Lake Wilderness Lodge, 22500 SE Hartford County VIRGINIA 248th St., Maple Valley, 03000163 Colt Industrial District (Boundary Increase), Northern Bank and Trust Building, 1500 34 Sequassen St., 1–3 and 17 Van Dyke Buena Vista Independent City Fourth Ave., Seattle, 03000165 Ave., and 47, 49, 50 and 53 Vredendale Buena Vista Colored School, 30th St. and Ave., Hartford, 03000171 Lewis County Aspen Ave., Buena Vista (Independent Centralia Downtown Historic District, DELAWARE City), 03000191 Roughly bounded by Center St., Burlington New Castle County Loudoun County Northern right-of-way, Walnut St., and Pearl St., Centralia, 03000164 Mount Cuba, 3120 Barley Mill Rd., Smith, William, House, 38678 Piggott Bottom Grace Evangelical Church of Vader, 618 D St., Greenville, 03000172 rd., Hamilton, 03000189 Vader, 03000162 Richmond Independent City National GEORGIA Pierce County Theater, 700–710 E. Broad St., Richmond Baldwin County (Independent City), 03000188 North Slope Historic District, Area bounded Pine Camp Tuberculosis Hospital, 4901 Old by Division Ave., N. Grant Ave, N. Steele Fort—Hammond—Willis House, 1760 St., and N I St., Tacoma, 03000160 Irwinton rd., Milledgeville, 03000173 Brook Rd., Richmond (Independent City), 03000190 WISCONSIN MICHIGAN [FR Doc. 03–5503 Filed 3–6–03; 8:45 am] Clark County Livingston County BILLING CODE 4310–70–P First Church of Christ, Scientist, 132 E Fishbeck, Jacob, Farmstead, 5151 Crooked Fourth St., Neillsville, 03000168 Lake Rd., Genoa Township, 03000178

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DEPARTMENT OF THE INTERIOR (3)(D), this cultural item has ongoing This notice is published as part of the historical, traditional, or cultural National Park Service’s administrative National Park Service importance central to the Native responsibilities under NAGPRA, 25 American group or culture itself, rather U.S.C. 3003, Sec. 5 (d)(3). The Notice of Intent to Repatriate a Cultural than property owned by an individual. determinations within this notice are Item: American Museum of Natural Officials of the American Museum of the sole responsibility of the museum, History, New York, NY Natural History also have determined institution, or Federal agency that has AGENCY: National Park Service, Interior. that, pursuant to 25 U.S.C. 3001, Sec. 2 control of these Native American human (2), there is a relationship of shared remains and associated funerary objects. ACTION: Notice. group identity that can be reasonably The National Park Service is not Notice is here given in accordance traced between this object of cultural responsible for the determinations with the Native American Graves patrimony and Central Council Tlingit within this notice. Protection and Repatriation Act and Haida Indian Tribes of Alaska. This notice corrects the list of Native (NAGPRA), 25 U.S.C. 3005, Sec. 7, of Representatives of any other Indian American tribes to which these human the intent to repatriate a cultural item in tribe that believes itself to be culturally remains and associated funerary objects the possession of the American Museum affiliated with this object should contact are affiliated. The Chickasaw Nation, of Natural History, New York, NY, that Craig Morris, Acting Director of Cultural Oklahoma was inadvertently omitted meets the definition of ‘‘object of Resources, American Museum of from the last two paragraphs of a Notice of Inventory Completion published in cultural patrimony’’ under 25 U.S.C. Natural History, Central Park West at the Federal Register on August 29, 2002 3001. 79th Street, New York, NY 10024, telephone (212) 769-5883, before April (FR Doc. 02-22000, pages 55426-55428). This notice is published as part of the Paragraphs 16 and 17 are corrected by 7, 2003. Repatriation of this object of National Park Service’s administrative substituting the following paragraphs: responsibilities under NAGPRA, 25 cultural patrimony to Central Council Based on the above-mentioned U.S.C. 3003, Sec. 5 (d)(3). The Tlingit and Haida Indian Tribes of information, officials at Fort Benning determinations within this notice are Alaska on behalf of the Kiks.adi Clan and the U.S. Army installation staff, the sole responsibility of the museum, may proceed after that date if no U.S. Army Engineer District, St. Louis, institution, or Federal agency that has additional claimants come forward. Mandatory Center of Expertise for the control of these cultural items. The The American Museum of Natural Curation and Management of National Park Service is not responsible History is responsible for notifying Archaeological Collections have for the determinations within this Central Council Tlingit and Haida determined that, pursuant to 43 CFR notice. Indian Tribes of Alaska, Sealaska 10.2 (d)(1), the human remains listed The cultural item is a hat resembling Corporation, and Sitka Tribe of Alaska above represent the physical remains of a Tlingit spruce wood hat but made of that this notice has been published. 25 individuals of Native American brass. A row of sea lion whiskers Dated: January 21, 2003. ancestry. Officials at Fort Benning and inserted into the hat extends halfway John Robbins, the U.S. Army installation staff, U.S. around the base. The whiskers are held Army Engineer District, St. Louis, in place by twisted thread. Faceted blue, Assistant Director, Cultural Resources Stewardship and Partnerships. Mandatory Center of Expertise for the red, and amber beads are attached to the [FR Doc. 03–5508 Filed 3–6–03; 8:45 am] Curation and Management of bases of most of the whiskers. Smaller Archaeological Collections have also BILLING CODE 4310–70–S blue and white beads are attached in determined that, pursuant to 43 CFR various places along the length of some 10.2 (d)(2), the 1,551 funerary objects of the whiskers. The hat is topped with DEPARTMENT OF THE INTERIOR listed above are reasonably believed to four cylinders surmounted by a four- have been placed with or near scrolled finial, all made of brass. National Park Service individual human remains at the time of The brass hat was procured by George death or later as part of the death rite Thorton Emmons at an unknown date. Notice of Inventory Completion for or ceremony. Lastly, officials at Fort In 1894, the American Museum of Native American Human Remains and Benning and the U.S. Army installation Natural History acquired the brass hat Associated Funerary Objects in the staff, the U.S. Army Engineer District, from Mr. Emmons and accessioned this Possession of the U.S. Department of St. Louis, Mandatory Center of Expertise cultural item into its collection the same Defense, Department of the Army, Fort for the Curation and Management of year. Benning, GA; Correction Archaeological Collections have The cultural affiliation of this item is determined that, pursuant to 43 CFR Sitka Tlingit as indicated by museum AGENCY: National Park Service, Interior. 10.2 (e), there is a relationship of shared records and by representatives of ACTION: Notice; correction. group identity that can reasonably be Central Council Tlingit and Haida traced between these Native American Indian Tribes of Alaska during Notice is here given in accordance human remains and associated funerary consultation. Central Council Tlingit with the Native American Graves objects and the Muscogee-speaking and Haida Indian Tribes of Alaska has Protection and Repatriation Act people who inhabited the region prior to filed a claim for this cultural item on (NAGPRA), 25 U.S.C. 3003, Sec. 5, of their removal to Oklahoma and behalf of the Kiks.adi Clan of Sitka. the completion of an inventory of elsewhere in 1836, namely the Alabama- Museum records and consultation with human remains and associated funerary Coushatta Tribes of Texas; Alabama- Central Council Tlingit and Haida objects in the possession of the U.S. Quassarte Tribal Town, Oklahoma; Indian Tribes of Alaska indicate that the Department of Defense, Department of Chickasaw Nation, Oklahoma; brass hat was given to a Sitka Kiks.adi the Army, Fort Benning, GA. These Coushatta Tribe of Louisiana; Kialegee Clan chief. human remains and associated funerary Tribal Town, Oklahoma; Miccosukee Officials of the American Museum of objects were removed from various sites Tribe of Indians of Florida; Muscogee Natural History have determined that, in Chattahoochee, Muscogee, and (Creek) Nation, Oklahoma; Poarch Band pursuant to 25 U.S.C. 3001, Sec. 2 Russell Counties, GA. of Creek Indians of Alabama; Seminole

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Nation of Oklahoma; Seminole Tribe of responsibilities under NAGPRA, 25 the museum has reached an agreement Florida; and Thlopthlocco Tribal Town, U.S.C. 3003, Sec. 5 (d)(3). The with the Ho-Chunk Nation of Wisconsin Oklahoma. determinations within this notice are that will allow the museum to return the This notice has been sent to officials the sole responsibility of the museum, war bundle to the tribe pursuant to the of the Alabama-Coushatta Tribes of institution, or Federal agency that has compromise of claim provisions of the Texas; Alabama-Quassarte Tribal Town, control of these cultural items. The museum’s repatriation policy. The Oklahoma; Chickasaw Nation, National Park Service is not responsible museum will return the war bundle to Oklahoma; Coushatta Tribe of for the determinations within this the Ho-Chunk Nation of Wisconsin in Louisiana; Kialegee Tribal Town, notice. reliance upon passage by the Ho-Chunk Oklahoma; Miccosukee Tribe of Indians The cultural item is a Thunder Clan Nation Legislature on November 4, of Florida; Muscogee (Creek) Nation, War Bundle, which consists of a club, 2002, of Resolution #11-04-02B, ‘‘Tribal Oklahoma; Poarch Band of Creek a pipe and rest, 13 whistles, animal Property Rights of Repatriated Items,’’ Indians of Alabama; Seminole Nation of skins, 3 small containers, a fire drill, a which identifies the war bundle as a Oklahoma; Seminole Tribe of Florida; headpiece, and a rattle. sacred object and provides that any and Thlopthlocco Tribal Town, The museum purchased the war object repatriated to the Ho-Chunk Oklahoma. Representatives of any other bundle in 1926 in Winnebago, NE, from Nation of Wisconsin shall be considered Indian tribe that believes itself to be Oliver La Mere, a member of the property of the Ho-Chunk Nation of culturally affiliated with these human Winnebago Tribe of Nebraska. The Wisconsin and shall be inalienable from remains and associated funerary objects museum accessioned the war bundle the tribe. should contact Dr. Christopher E. into its collection the same year. Representatives of any other Indian Hamilton, Attention: ATZB-ELN-E, The war bundle is culturally affiliated tribe that believes itself to be culturally Cultural Resource Manager, Fort with the Ho-Chunk people, who are affiliated with this sacred object should Benning, GA 31905-5000, telephone now the Ho-Chunk Nation of Wisconsin contact Jonathan Haas, MacArthur (706) 545-2377, before April 7, 2003. and the Winnebago Tribe of Nebraska. Curator of North American Repatriation of the human remains and In a letter dated April 20, 1998, the Anthropology, Field Museum of Natural associated funerary objects to the Winnebago Tribe of Nebraska advised History, 1400 South Lake Shore Drive, Alabama-Coushatta Tribes of Texas; the museum that, ‘‘[t]he Repatriation Chicago, IL 60605, telephone (312) 665- Alabama-Quassarte Tribal Town, Department, representing the 7829, before April 7, 2003. Repatriation Oklahoma; Chickasaw Nation, Winnebago Tribe of Nebraska has agreed of this sacred object to the Ho-Chunk Oklahoma; Coushatta Tribe of to let the Ho-Chunk Nation of Nation of Wisconsin may proceed after Louisiana; Kialegee Tribal Town, Wisconsin repatriate the sacred that date if no additional claimants Thunder Clan War Bundle (Catalog No. Oklahoma; Miccosukee Tribe of Indians come forward. of Florida; Muscogee (Creek) Nation, 155613) from the Chicago Field The Field Museum of Natural History Museum in Chicago. The Winnebago Oklahoma; Poarch Band of Creek is responsible for notifying the Ho- Tribe has agreed that all War Bundles go Indians of Alabama; Seminole Nation of Chunk Nation of Wisconsin and the back to Wisconsin, even though they Oklahoma; Seminole Tribe of Florida; Winnebago Tribe of Nebraska that this come from Nebraska, because the Ho- and Thlopthlocco Tribal Town, notice has been published. Chunk Nation still does War Bundle Oklahoma may proceed after that date if ceremonies.’’ Based on this letter and December 17, 2002. no additional claimants come forward. other information provided to the John Robbins, Dated: December 12, 2002. museum by the Ho-Chunk Nation of Assistant Director, Cultural Resources John Robbins, Wisconsin, it is the museum’s Stewardship and Partnerships. Assistant Director, Cultural Resources understanding that the Winnebago Tribe [FR Doc. 03–5514 Filed 3–6–02; 8:45 am] Stewardship and Partnerships. of Nebraska no longer practices the BILLING CODE 4310–70–S [FR Doc. 03–5506 Filed 3–6–03; 8:45 am] traditional ways of the Ho-Chunk BILLING CODE 4310–70–S people and that the Winnebago Tribe of Nebraska will not seek repatriation of DEPARTMENT OF THE INTERIOR the war bundle pursuant to NAGPRA. DEPARTMENT OF THE INTERIOR Officials of the museum have National Park Service determined that, pursuant to 25 U.S.C., Notice of Inventory Completion: National Park Service Sec. 2 (3)(C), this cultural item is a Horner Collection, Oregon State specific ceremonial object needed by Notice of Intent to Repatriate a Cultural University, Corvallis, OR traditional Native American religious Item: Field Museum of Natural History, leaders for the practice of traditional AGENCY: National Park Service, Interior. Chicago, IL Native American religions by their ACTION: Notice. AGENCY: National Park Service, Interior. present-day adherents. ACTION: Notice. Officials of the museum also have Notice is here given in accordance determined that, pursuant to 25 U.S.C. with the Native American Graves Notice is here given in accordance 3001, Sec. 2 (2), there is a relationship Protection and Repatriation Act with the Native American Graves of shared group identity that can be (NAGPRA), 25 U.S.C. 3003, Sec. 5, of Protection and Repatriation Act reasonably traced between the war the completion of an inventory of (NAGPRA), 25 U.S.C. 3005, Sec. 7, of bundle and the Winnebago Tribe of human remains in the possession of the the intent to repatriate a cultural item in Nebraska and the Ho-Chunk Nation of Horner Collection, Oregon State the possession of the Field Museum of Wisconsin. University, Corvallis, OR. These human Natural History, Chicago, IL, that meets Officials of the museum recognize remains were removed from Crescent the definition of ‘‘sacred object’’ under that the war bundle is significant to the City, Del Norte County, CA. 25 U.S.C. 3001. Ho-Chunk Nation of Wisconsin, and This notice is published as part of the This notice is published as part of the assert that the museum has right of National Park Service’s administrative National Park Service’s administrative possession of the war bundle. However, responsibilities under NAGPRA, 25

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U.S.C. 3003, Sec. 5 (d)(3). The Representatives of any other Indian (16WF002), West Feliciana Parish, LA. determinations within this notice are tribe that believes itself to be culturally No known individuals were identified. the sole responsibility of the museum, affiliated with these human remains The 7,899 funerary objects recovered institution, or Federal agency that has should contact Orcilia Forbes, Vice during this excavation are 7,298 glass control of these Native American human President for University Advancement, beads, 15 shell beads, 22 ceramic beads, remains. The National Park Service is Oregon State University, 2 Gill 400 ceramic sherds, 14 metal gun not responsible for the determinations Coliseum, Corvallis, OR 97331, fragments, 73 metal nails and stakes, 1 within this notice. telephone (541) 737-9260, before April metal button, 19 metal pellets, 3 metal A detailed assessment of the human 7, 2003. Repatriation of these human tinkers, 21 metal fragments, 20 lead remains was made by the Horner remains to the Smith River Rancheria, balls, 4 lead pellets, 1 copper fragment, Collection professional staff in California may proceed after that date if 2 pewter buckles, 4 glass fragments, and consultation with representatives of the no additional claimants come forward. 2 stone objects. Confederated Tribes of the Grand Ronde The Horner Collection is responsible In 1935 and 1939, Dr. Ford donated Community of Oregon; Confederated for notifying the Confederated Tribes of the human remains and associated Tribes of the Siletz Reservation, Oregon; the Grand Ronde Community of Oregon; funerary objects to the Louisiana State Elk Valley Rancheria, California; and Confederated Tribes of Siletz University Museum of Natural Science Smith River Rancheria, California. Reservation, Oregon; Elk Valley where they were curated until 1974 In 1892, human remains representing Rancheria, California; and Smith River when they were loaned to Dr. Jeffrey one individual were removed from an Rancheria, California that this notice Brain at the Peabody-Essex Museum, unknown site in Crescent City, CA. The has been published. Salem, MA, for restudy. The human human remains consist of a skull, on remains and associated funerary objects Dated: January 14, 2003. which is written ‘‘1892 Crescent City were returned to the Louisiana State Cal Indian Skull.’’ The skull was John Robbins, University Museum of Natural Science included as part of the Dr. J.L. Hill Assistant Director, Cultural Resources in 2002. collection, which was acquired from Dr. Stewardship and Partnerships. On December 13, 2000, the National Hill’s daughter in 1925. It is unknown [FR Doc. 03–5505 Filed 3–6–03; 8:45 am] Park Service published a separate notice how Dr. Hill acquired these human BILLING CODE 4310–70–S of inventory completion of behalf of remains and no provenance Louisiana State University Museum of documentation is available other than Natural Science for the remains of 1 the writing on the skull. No known DEPARTMENT OF THE INTERIOR individual and 11 associated funerary individual was identified. No associated objects from the Angola Farm site funerary objects are present. National Park Service (16WF002) (Federal Register Document Smith River Rancheria, California Notice of Inventory Completion: 00-31658, pages 77907-77908). believes the skull to be that of a Tolowa Officials of the Louisiana State Louisiana State University Museum of person. The territory of the Tolowa University Museum of Natural Science Natural Science, Baton Rouge, LA people extended from Wilson Creek in have determined that, pursuant to 25 southern Del Norte County, CA, AGENCY: National Park Service, Interior. U.S.C. 3001, Sec. 2 (9) and 2 (10), the northward along the coast to the Sixes ACTION: Notice. human remains described above River, OR, and eastward to the crest of represent the physical remains of five the Coast Range. The Crescent City area Notice is hereby given in accordance individuals of Native American was heavily occupied by Tolowa people with provisions of the Native American ancestry. Officials of the Louisiana State well into historical times. The Smith Graves Protection and Repatriation Act University Museum of Natural Science River Rancheria, California includes (NAGPRA), 25 U.S.C. 3003, Sec. 5, of also have determined that, pursuant to approximately 900 enrolled Tolowa the completion of an inventory of 25 U.S.C. 3001, Sec. 2 (3)(A), the 7,899 members. human remains and associated funerary objects described above are reasonably Officials of the Horner Collection objects in the possession of the believed to have been placed with or have determined that, pursuant to 25 Louisiana State University Museum of near individual human remains at the U.S.C. 3001, Sec. 2 (9-10), the human Natural Science, Baton Rouge, LA. time of death or later as part of the death remains listed above represent the This notice is published as part of the rite or ceremony. Lastly, officials of the physical remains of one individual of National Park Service’s administrative Louisiana State University Museum of Native American ancestry. Officials of responsibilities under NAGPRA, 25 Natural Science have determined that, the Horner Collection also have U.S.C. 3003, Sec. 5 (d)(3). The pursuant to 25 U.S.C. 3001, Sec. 2 (2), determined that, pursuant to 25 U.S.C. determinations within this notice are there is a relationship of shared group 3001, Sec. 2(2), there is a relationship of the sole responsibility of the museum, identity that can be reasonably traced shared group identity that can be institution, or Federal agency that has between these Native American human reasonably traced between these Native control of these Native American human remains and associated funerary objects American human remains and the remains and associated funerary objects. and the Tunica-Biloxi Indian Tribe of Smith River Rancheria, California. The National Park Service is not Louisiana. The Smith River Rancheria, California responsible for the determinations Representatives of any other Indian submitted a request for repatriation of within this notice. tribe that believes itself to be culturally these human remains. The Confederated A detailed assessment of the human affiliated with these human remains and Tribes of the Grand Ronde Community remains was made by Louisiana State associated funerary objects should of Oregon; Confederated Tribes of the University Museum of Natural Science contact Dr. Rebecca Saunders, Curator Siletz Reservation, Oregon; and Elk professional staff in consultation with of Anthropology, Louisiana State Valley Rancheria, California have representatives of the Tunica-Biloxi University Museum of Natural Science, indicated either verbally or in writing Indian Tribe of Louisiana. 119 Foster Hall, Baton Rouge, LA 70803, that they agree that the Smith River In 1934, human remains representing telephone (225) 578-6562, before April Rancheria, California is the appropriate five individuals were excavated by Dr. 7, 2003. Repatriation of the human claimant for these human remains. James A. Ford at the Angola Farm site remains and associated funerary objects

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to the Tunica-Biloxi Indian Tribe of the University of California, Berkeley, DEPARTMENT OF THE INTERIOR Louisiana may proceed after that date if CA, identified the figures as shamans’ no additional claimants come forward. wands originating from the Olympic National Park Service Dated: December 18, 2002. Peninsula, WA. Dr. Robin Wright, Curator of Native American Art at the Notice of Inventory Completion of John Robbins, Burke Museum, University of Human Remains and Associated Assistant Director, Cultural Resources Washington, Seattle, WA, described Funerary Objects in the Possession of Stewardship and Partnerships. them as Quinault shamans’ power the Peabody Museum of Archaeology [FR Doc. 03–5509 Filed 3–6–03; 8:45 am] figures. Similar objects are described as and Ethnology, Harvard University, BILLING CODE 4310–70–S Quinault shamans’ rattles by Ronald Cambridge, MA; Correction Olsen in his 1967 book, ‘‘The Quinault AGENCY: National Park Service, Interior. Indian. Adze, Canoe, and House Types DEPARTMENT OF THE INTERIOR ACTION: of the Northwest Coast.’’ Consultation Notice; correction. National Park Service evidence presented by representatives of Notice is here given in accordance the Quinault Tribe of the Quinault with provisions of the Native American Notice of Intent to Repatriate Cultural Reservation, Washington confirms that Graves Protection and Repatriation Act Items: Oakland Museum of California, these figures are used in potlatches and (NAGPRA), 25 U.S.C. 3003, Sec. 3, of Oakland, CA other ceremonies, including the first the completion of an inventory of salmon ceremony, the salmonberry AGENCY: National Park Service, Interior. human remains and associated funerary feast, and the elk ceremony. objects in the possession of the Peabody ACTION: Notice. Representatives of the Quinault Tribe of Museum of Archaeology and Ethnology, the Quinault Reservation, Washington Notice is here given in accordance Harvard University, Cambridge, MA. have also stated that these objects are with the Native American Graves These human remains and associated needed by traditional religious leaders Protection and Repatriation Act funerary objects were removed from a for the practice of traditional Native (NAGPRA), 25 U.S.C. 3005, Sec. 7, of gravesite near Kelseyville, Lake County, American religions by their present-day the intent to repatriate cultural items in CA. adherents. the possession of the Oakland Museum This notice is published as part of the Officials of the Oakland Museum of National Park Service’s administrative of California, Oakland, CA, that meet California have determined that, the definition of ‘‘sacred objects’’ under responsibilities under NAGPRA, 25 pursuant to 25 U.S.C. 3001, Sec. 2 U.S.C. 3003, Sec. 5 (d)(3). The 25 U.S.C. 3001. (3)(C), these cultural items are specific This notice is published as part of the determinations within this notice are ceremonial objects needed by traditional National Park Service’s administrative the sole responsibility of the museum, Native American religious leaders for responsibilities under NAGPRA, 25 institution, or Federal agency that has the practice of traditional Native U.S.C. 3003, Sec. 5 (d)(3). The control of these Native American human American religions by their present-day determinations within this notice are remains and associated funerary objects. adherents. Officials of the Oakland the sole responsibility of the museum, The National Park Service is not Museum of California also have institution, or Federal agency that has responsible for the determinations determined that, pursuant to 25 U.S.C. control of these cultural items. The within this notice. 3001, Sec. 2 (2), there is a relationship National Park Service is not responsible This notice corrects the number of of shared group identity that can be for the determinations within this associated funerary objects listed in reasonably traced between these sacred notice. paragraphs 4 and 6 of a Notice of objects and the Quinault Tribe of the The cultural items are two 19th- Inventory Completion published in the Quinault Reservation, Washington. century shamans’ power figures Federal Register on November 22, 2000 Representatives of any other Indian (Oakland Museum of California (FR Doc. 00-29834, pages 70363-70364). tribe that believes itself to be culturally accession number H18.781A-B). Both Paragraph 4 is corrected by affiliated with these sacred objects are carved from wood and depict human substituting the following paragraph: should contact Ms. Carey Caldwell, figures with a three-step facial structure In 1908, human remains representing Curator of Special Projects, History and a skeletal body structure. The first one individual were collected by Grace Department, Oakland Museum of figure (H81.781A) is carved with its A. Nicholson, and donated to the California, 1000 Oak Street, Oakland, hands on its belly and measures 18 Peabody Museum of Archaeology and CA 94607-4892, telephone (510) 238- inches by 1.5 inches by 1 inch. The Ethnology by Lewis H. Farlow. This 3842, before April 7, 2003. Repatriation second figure (H18.781B) is carved with individual had been identified as of these sacred objects to the Quinault its hands at its sides and measures 17 Captain Posh-ka of the Kuh-lah-na-pi Tribe of the Quinault Reservation, inches by 1.75 inches by 1.5 inches. It Tribe of Pomo Indians. The 118 Washington may proceed after that date has inlaid shell eyes and a broken base. associated funerary objects are 10 lots of if no additional claimants come Both figures were donated to the shell beads, 10 stone beads, 30 clam forward. shells, 5 stone chips, 9 stone knives, 5 Oakland Public Museum (now Oakland The Oakland Museum of California is bone fragments, 3 ceramic fragments, 29 Museum of California) in 1927 by Mrs. responsible for notifying the Quinault buttons, 9 nails, 3 metal toy fragments, A. Ellwood Brown. It is unknown how Tribe of the Quinault Reservation, 2 obsidian fragments, 2 stone pestles, and when Mrs. Brown acquired these Washington that this notice has been and 1 stone mortar. figures. They originally were described published. and catalogued as coming from the Paragraph 6 is corrected by Pacific Islands. Dated: January 21, 2003. substituting the following paragraph: Modern researchers have identified John Robbins, Based on the above-mentioned these objects as Quinault shamans’ Assistant Director, Cultural Resources information, officials of the Peabody figures. Lawrence Dawson of the Lowie Stewardship and Partnerships. Museum of Archaeology and Ethnology Museum of Anthropology (now Phoebe [FR Doc. 03–5507 Filed 3–6–03; 8:45 am] have determined that pursuant to 43 A. Hearst Museum of Anthropology) at BILLING CODE 4310–70–S CFR 10.2 (d)(1), the human remains

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listed above represent the physical cultural patrimony’’ under 25 U.S.C. by Mrs. Anna Klaney of Klukwan in remains of one individual of Native 3001. 1938. It was passed from Mrs. Hopkins American ancestry. Officials of the This notice is published as part of the to her son, Peter Nielsen. Peter Nielsen Peabody Museum of Archaeology and National Park Service’s administrative sold the robe to Mr. Joe Ashby of Sitka Ethnology also have determined that responsibilities under NAGPRA, 25 in 1967, and Mr. Ashby sold the robe to pursuant to 43 CFR 10.2 (d)(2), the 118 U.S.C. 3003, Sec. 5 (d)(3). The the Mt. McKinley Natural History objects listed above are reasonably determinations within this notice are Association in 1969. The Mt. McKinley believed to have been placed with or the sole responsibility of the National Natural History Association donated the near individual human remains at the Park unit that has control of these robe to Sitka National Historical Park time of death or later as part of the death cultural items. The Assistant Director, that year. rite or ceremony. Lastly, officials of the Cultural Resources Stewardship and The claim asserting that the robe is an Peabody Museum of Archaeology and Partnerships is not responsible for the object of cultural patrimony was filed by Ethnology have determined that, determinations within this notice. the Central Council of Tlingit and Haida pursuant to 43 CFR 10.2 (c), there is a The first object is a Russian Indian Tribes acting on behalf of the relationship of shared group identity blacksmith’s hammer known as Kiks.a´di clan of Sitka, AK. Oral history that can be reasonably traced between K’alyaan aayi ta´kl’ or Katlian’s Hammer. recordings, archival documentation, and these human remains and associated The hammerhead is iron, formed in a historical photographs in the collection funerary objects and the Big Valley modified cylindrical shape. Rounded, of Sitka National Historical Park and the Band of Pomo Indians of the Big Valley hammered surfaces are at both ends, Southeast Alaska Indian Cultural Rancheria, California. This notice has with a large crack running through the Center, as well as testimony provided by been sent to officials of the Big Valley entire body near the topside. The the Kiks.a´di clan of Sitka, identify the Band of Pomo Indians of the Big Valley hammer measures 14 centimeters long Herring Rock site, Herring Rock crest, Rancheria, California, and the Lake by 4.5 centimeters in diameter. An oval Herring Rock story, and the Herring County Inter-Tribal NAGPRA hole for a handle is in the middle of the Rock robe as traditional property of the Consortium. Representatives of any length of the head. The handle is Kiks.a´di clan of Sitka. As an object of other Indian tribe that believes itself to missing. cultural patrimony, the Herring Rock In 1972 Mrs. Mary Williams, a be culturally affiliated with these Robe has been and is of ongoing Kiks.a´di woman of Sitka, AK, sold the human remains and associated funerary historical, traditional, or cultural hammer to Sitka National Historical objects should contact Patricia Capone, importance central to the clan itself. The Park. clan also states that such property is Repatriation Coordinator, Peabody The claim asserting that the hammer Museum of Archaeology and Ethnology, held in perpetuity by the group, and is an object of cultural patrimony was may not be alienated by an individual 11 Divinity Avenue, Cambridge, MA filed by the Central Council of Tlingit 02138, telephone (617) 496-3702, before clan member. and Haida Indian Tribes acting on Officials of Sitka National Historical April 7, 2003. Repatriation of the human behalf of the Kiks.a´di clan of Sitka, AK. Park have determined that, pursuant to remains and associated funerary objects Originally a Russian blacksmith’s 25 U.S.C. 3001, Sec. 2 (3)(D), these to the Big Valley Band of Pomo Indians hammer, it was captured by the Kiks.a´di cultural items have ongoing historical, of the Big Valley Rancheria, California during their 1802 attack on the Russian traditional, or cultural importance may begin after that date if no fort at Old Sitka, and subsequently used central to the Native American group or additional claimants come forward. by the Kiks.a´di warrior K’alyaan during culture itself, rather than property Dated: December 17, 2002. the Kiks.a´di battle against the Russians owned by an individual. John Robbins, in 1804 at the mouth of Indian River in Officials of Sitka National Historical Assistant Director, Cultural Resources Sitka. It is a Western object that took on Park also have determined that, Stewardship and Partnerships. ceremonial significance in Kiks.a´di pursuant to 25 U.S.C. 3001, Sec. 2 (2), [FR Doc. 03–5504 Filed 3–6–03; 8:45 am] memory, symbolizing their loss of life there is a relationship of shared group BILLING CODE 4310–70–S and resistance to domination. Oral identity that can be reasonably traced history recordings and archival between these objects of cultural documentation at Sitka National patrimony and the Central Council of DEPARTMENT OF THE INTERIOR Historical Park, as well as evidence Tlingit and Haida Indian Tribes acting provided by the Kiks.a´di clan of Sitka, on behalf of the Kiks.a´di clan of Sitka, National Park Service confirm that the hammer has been and AK. is of ongoing historical, traditional, or Representatives of any other Indian Notice of Intent to Repatriate Cultural cultural importance to the clan and that tribe that believes itself to be culturally Items: U.S. Department of the Interior, no individual had the right to alienate affiliated with these objects of cultural National Park Service, Sitka National it from clan ownership. patrimony should contact Gary Historical Park, Sitka, AK The second object is a Chilkat robe Gauthier, Superintendent, Sitka known as the Yaaw T’eiyı´ Naaxein or National Historical Park, P.O. Box 738, AGENCY: National Park Service, Interior. Herring Rock Robe. The robe is 5 feet 4 Sitka, AK 99835, telephone (907) 747- ACTION: Notice. inches wide and 3 feet long at its 6281, before April 7, 2003. Repatriation deepest point, with a row of fringe 16 of these objects of cultural patrimony to Notice is here given in accordance inches long along the bottom edge. It is the Central Council of Tlingit and Haida with the Native American Graves woven of goat wool and cedar bark in Indian Tribes acting on behalf of the Protection and Repatriation Act the traditional manner. The crest design, Kiks.a´di clan of Sitka, AK, may begin (NAGPRA), 25 U.S.C. 3005, Sec. 7, of woven in green, black, yellow, and after that date if no additional claimants the intent to repatriate cultural items in white, represents the story of the come forward. the possession of the U.S. Department of Herring Rock in Sitka. Sitka National Historical Park is the Interior, National Park Service, Sitka The robe was commissioned in the responsible for notifying the Central National Historical Park, Sitka, AK, that traditional manner by Mrs. Sally Council of Tlingit and Haida Indian meet the definition of ‘‘objects of Hopkins of the Kiks.a´di clan and woven Tribes acting on behalf of the Kiks.a´di

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clan of Sitka, AK, that this notice has Also in 1982, the Springfield Science American religions by their present-day been published. Museum acquired a steatite tubular pipe adherents. Officials of the Springfield Dated: January 21, 2003. stem with incised decorations from an Science Museum also have determined unknown site in Agawam, Hampden John Robbins, that, pursuant to 25 U.S.C. 3001, Sec. 2 County, MA. This item was donated to (2), there is a relationship of shared Assistant Director, Cultural Resources the museum by C.W. Hull. The Stewardship and Partnerships. group identity that can be reasonably circumstances surrounding its removal traced between these sacred objects and [FR Doc. 03–5513 Filed 3–6–03; 8:45 am] from Agawam are unknown. This pipe the Stockbridge Munsee Community, BILLING CODE 4310–70–S likely dates to the Early Woodland Wisconsin. period (circa 1000 B.C.-A.D. 600). Representatives of any other Indian In 1986, the Springfield Science tribe that believes itself to be culturally DEPARTMENT OF THE INTERIOR Museum acquired a clay tubular pipe affiliated with these sacred objects National Park Service stem and a worked bone tubular pipe, should contact David Stier, Director, which had been removed from the Bark Springfield Science Museum, 220 State Notice of Intent to Repatriate Cultural Wigwams site (MA site 19-HS-280), Street, Springfield, MA 01103, Items: Springfield Science Museum, Northampton, Hampshire County, MA, telephone (413) 263-6800, extension Springfield, MA by W.S. Rodimon. The year the objects 321, before April 7, 2003. Repatriation were removed is unknown. The Bark of these sacred objects to the AGENCY: National Park Service, Interior. Wigwams site likely dates to the Early Stockbridge Munsee Community, ACTION: Notice. Historic period (circa A.D. 1625-1637) Wisconsin may proceed after that date based on the presence of Dutch trade if no additional claimants come Notice is here given in accordance beads recovered from the site. forward. with the Native American Graves Also in 1986, the Springfield Science The Springfield Science Museum is Protection and Repatriation Act Museum acquired a steatite turtle pipe, responsible for notifying the (NAGPRA), 25 U.S.C. 3005, Sec. 7, of which had been removed from MA site Stockbridge Munsee Community, the intent to repatriate cultural items in 19-FR-24 in Deerfield, Franklin County, Wisconsin that this notice has been the possession of the Springfield MA, by W.S. Rodimon. The year it was published. removed is unknown. The site in Science Museum, Springfield, MA, that Dated: January 24, 2003. meet the definition of ‘‘sacred objects’’ Deerfield likely dates to the Late John Robbins, under 25 U.S.C. 3001. Woodland and Contact periods (circa Assistant Director, Cultural Resources This notice is published as part of the A.D. 1580-1700). Also in 1986, the Springfield Science Stewardship and Partnerships. National Park Service’s administrative Museum acquired a slate animal effigy [FR Doc. 03–5511 Filed 3–6–03; 8:45 am] responsibilities under NAGPRA, 25 pipe removed from the Baptist Hill site BILLING CODE 4310–70–S U.S.C. 3003, Sec. 5 (d)(3). The in Palmer, Hampden County, MA, by determinations within this notice are C.W. Hull. The year it was removed is the sole responsibility of the museum, unknown. The Baptist Hill site likely DEPARTMENT OF THE INTERIOR institution, or Federal agency that has dates to the Late Woodland and Contact control of these cultural items. The periods (circa A.D. 1580-1700). National Park Service National Park Service is not responsible In 1986, the Springfield Science Notice of Inventory Completion: for the determinations within this Museum acquired a steatite platform Springfield Science Museum, notice. pipe removed from the Riverside Y-4 Springfield, MA The eight cultural items, removed site (MA site19-FR-269), Gill, Franklin from various locations in western County, MA, by W.S. Rodimon. The AGENCY: National Park Service, Interior. Massachusetts, are a ceramic elbow year it was removed is unknown. The ACTION: Notice. pipe, a steatite elbow pipe, a steatite site in Gill likely dates to the Middle pipe with incised decoration, a clay Woodland period (circa A.D. 600-1000). Notice is here given in accordance tubular pipe stem, a worked bone Based on the geographic location of with the Native American Graves tubular pipe, a steatite turtle pipe, a these sites within the historically Protection and Repatriation Act slate animal effigy pipe bowl, and a known homeland of the Mohican (NAGPRA), 25 U.S.C. 3003, Sec. 5, of steatite platform pipe. Indians, these pipes are most likely the completion of an inventory of In 1929, L. Lamb donated a ceramic culturally affiliated with the human remains and associated funerary elbow pipe from an unknown site in Stockbridge Munsee Community, objects in the possession of the South Hadley, Hampshire County, MA, Wisconsin, also known as the Springfield Science Museum, to the Springfield Science Museum. The Stockbridge Munsee Tribe of Mohican Springfield, MA. These human remains circumstances surrounding its removal Indians. The Stockbridge Indians were and associated funerary objects were from South Hadley are unknown. This removed from Massachusetts in the late removed from various sites in Florida. pipe likely dates to the Late Woodland 1700s. Mohican traditional religious This notice is published as part of the period (circa A.D. 1000-1580). leaders indicated during consultation National Park Service’s administrative In 1982, the Springfield Science that the pipes are needed for the responsibilities under NAGPRA, 25 Museum acquired a steatite elbow pipe practice of traditional Mohican religion U.S.C. 3003, Sec. 5 (d)(3). The from an unknown site in Belchertown, by present-day adherents. determinations within this notice are Hampshire County, MA. This item was Officials at the Springfield Science the sole responsibility of the museum, donated to the museum by C.W. Hull Museum have determined that, institution, or Federal agency that has who purchased it from S. Grasso. The pursuant to 25 U.S.C. 3001, Sec. 2 control of these Native American human circumstances surrounding its removal (3)(C), these eight pipes are specific remains and associated funerary objects. from Belchertown are unknown. This ceremonial objects needed by traditional The National Park Service is not pipe likely dates to the Late Woodland Native American religious leaders for responsible for the determinations period (circa A.D. 1000-1580). the practice of traditional Native within this notice.

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A detailed assessment of the human minimum of 1 individual, and human Moore and were donated to the remains was made by Springfield remains consisting of 61 bone Springfield Science Museum the same Science Museum professional staff in fragments, representing a minimum of 2 year. No known individual was consultation with representatives of the individuals, were removed from a shell identified. The associated funerary Miccosukee Tribe of Indians of Florida. mound in Oak Hill, Volusia County, FL, objects are 14 shell beads. According to In 1906, human remains consisting of by J.T. Bowne. These human remains the Florida State Archaeologist, the site one bone fragment, representing one were donated to the Springfield Science dates to the St. Johns II period (A.D. individual, were removed from Rice Museum in 1925 by Mr. Bowne. No 750-1562). Creek Mound (Florida site #8PU2), known individuals were identified. No Putnam County, FL, by J.T. Bowne. associated funerary objects are present. The nine sites listed above are located These human remains were donated to According to the Florida State within the known territory historically the Springfield Science Museum in Archaeologist, the site is either Florida occupied by the Miccosukee Indians. 1925 by Mr. Bowne. No known site #VO125 or VO128, both of which During consultation, the sites were individual was identified. No associated date from the Mount Taylor period to identified as earlier occupation areas by funerary objects are present. Two the St. Johns period (circa 5000 B.C.- representatives of the Miccosukee Tribe projectile points collected from the shell A.D. 1562). of Indians. mound have been identified as Putnam In 1906, human remains consisting of Officials of the Springfield Science and Levy stemmed varieties, dating the 31 bone fragments, representing a Museum have determined that, shell mound to the Archaic period minimum of 3 individuals, were pursuant to 25 U.S.C. 3001, Sec. 2 (9- (5000-1000 B.C.). removed from the Hernandez Shell In 1906, human remains consisting of Mound (Cotton site) (Florida site 10), the human remains listed above 10 bone fragments, representing a #8VO83), Ormond, Volusia County, FL, represent the physical remains of a minimum of 1 individual, were by J.T. Bowne. These human remains minimum of 15 individuals of Native removed from a shell mound on the east were donated to the Springfield Science American ancestry. Officials of the bank of the St. Johns River, 5 miles west Museum in 1925 by Mr. Bowne. No Springfield Science Museum also have of Enterprise, Seminole County, FL, by known individuals were identified. No determined that, pursuant to 25 U.S.C. J.T. Bowne. These remains were associated funerary objects are present. 3001, Sec. 2 (3)(A), the 18 objects listed donated to the Springfield Science According to the Florida State above are reasonably believed to have Museum in 1925 by Mr. Bowne. No Archaeologist, fragments of Orange been placed with or near individual known individual was identified. No plain, Orange incised, St. Johns plain, human remains at the time of death or associated funerary objects are present. St. Johns incised, St. Johns cord-marked, later as part of the death rite or According to the Florida State and St. Johns check-stamped pottery ceremony. Lastly, officials of the Archaeologist, this site is either the recovered from the site suggest that the Springfield Science Museum have Mound Near Fort Florida (Florida site site dates from 1500 B.C. to A.D. 1562. determined that, pursuant to 25 U.S.C. #8VO50) or Fort Florida Mound (Florida In 1909, human remains consisting of 3001, Sec. 2 (2), there is a relationship site #8V049), both of which date to the seven bone fragments, representing a of shared group identity that can be St. Johns II period (A.D. 750-1562). minimum of two individuals, were reasonably traced between these Native In 1906, human remains consisting of removed from a shell mound in American human remains and 42 bone fragments, representing a Everglades, Collier County, FL, by L.J. associated funerary objects and the minimum of 2 individuals, were Sikes. These human remains were removed from the Spring Grove Shell donated to the Springfield Science Miccosukee Tribe of Indians of Florida. Mound (Florida site #VO55), Enterprise, Museum in 1928 by Mr. Sikes. No Representatives of any other Indian Seminole County, FL, by J.T. Bowne. known individuals were identified. No tribe that believes itself to be culturally These human remains were donated to associated funerary objects are present. affiliated with these human remains and the Springfield Science Museum in Ten fragments of St. Johns plain pottery associated funerary objects should 1925 by Mr. Bowne. No known collected in the vicinity of the graves contact David Stier, Director, individuals were identified. No place the age of the site between 500 Springfield Science Museum, 220 State associated funerary objects are present. B.C. and A.D. 1562. Street, Springfield, MA 01103, According to the Florida State In 1912, human remains consisting of telephone (413) 263-6800, extension Archaeologist, this site dates to the 35 bone fragments, representing a 321, before April 7, 2003. Repatriation Orange period (circa 2000-100 B.C.). minimum of 1 individual, were of these human remains and associated In 1906, human remains consisting of removed from the Orangedale Shell funerary objects to the Miccosukee Tribe 41 bone fragments, representing a Mound (Florida site #8SJ21), St. Johns of Indians of Florida may proceed after minimum of 1 individual, were County, FL, by C.B. Moore and were removed from a burial mound at Ross donated to the Springfield Science that date if no additional claimants Hummock, 3 miles south of Oak Hill, Museum the same year. No known come forward. Volusia County, FL, by J.T. Bowne. individual was identified. No associated The Springfield Science Museum is These human remains were donated to funerary objects are present. According responsible for notifying the the Springfield Science Museum in to the Florida State Archaeologist, the Miccosukee Tribe of Indians of Florida 1925 by Mr. Bowne. No known plain and stamped pottery recovered at that this notice has been published. individual was identified. The four the site dates to the St. Johns I and II Dated: January 17, 2003. associated funerary objects are one periods and places the age of the site turtle carapace fragment, two clam between 700 B.C. and A.D. 1562. John Robbins, shells, and one fragment of St. Johns In 1912, human remains consisting of Assistant Director, Cultural Resources plain pottery, which suggest that the site three bone fragments, representing a Stewardship and Partnerships. dates to between 700 B.C. and A.D. minimum of one individual, were [FR Doc. 03–5512 Filed 3–6–03; 8:45 am] 1562. removed from the Old Okahumpta Shell BILLING CODE 4310–70–S In 1906, human remains consisting of Mound (Florida site #LA57) near Old 15 bone fragments, representing a Okahumpta, Lake County, FL, by C.B.

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DEPARTMENT OF THE INTERIOR the burials are reasonably believed to be DEPARTMENT OF THE INTERIOR culturally affiliated with the Otoe- National Park Service Missouria Tribe of Indians, Oklahoma. National Park Service Notice of Inventory Completion: Officials of the University of Notice of Inventory Completion: Walter University of Missouri–Columbia, Missouri–Columbia have determined Elwood Museum and the Greater Museum of Anthropology, Columbia, that, pursuant to 25 U.S.C. 3001, Sec. 2 Amsterdam School District, MO (9-10), the human remains listed above Amsterdam, NY represent the physical remains of six AGENCY: National Park Service, Interior. individuals of Native American AGENCY: National Park Service, Interior. ACTION: Notice. ancestry. Officials of the University of ACTION: Notice. Missouri–Columbia also have Notice is hereby given in accordance determined that, pursuant to 25 U.S.C. Notice is here given in accordance with provisions of the Native American 3001, Sec. 2 (3)(A), the 12 objects listed with the Native American Graves Graves Protection and Repatriation Act above are reasonably believed to have Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, Sec. 5, of been placed with or near individual (NAGPRA), 25 U.S.C. 3003, Sec. 5, of the completion of an inventory of human remains at the time of death or the completion of an inventory of human remains and associated funerary later as part of the death rite or human remains and associated funerary objects in the possession of the ceremony. Lastly, officials of the objects in the possession of Walter University of Missouri–Columbia, University of Missouri–Columbia have Elwood Museum, Amsterdam, NY, and Museum of Anthropology, Columbia, determined that, pursuant to 25 U.S.C. in the control of the Greater Amsterdam MO. These human remains and funerary 3001, Sec. 2 (2), there is a relationship School District, Amsterdam, NY. These objects were removed from a site in of shared group identity that can be human remains and associated funerary Saline County, MO. reasonably traced between these Native objects were removed from a site in This notice is published as part of the American human remains and Montgomery County, NY. National Park Service’s administrative associated funerary objects and the This notice is published as part of the responsibilities under NAGPRA, 25 Otoe-Missouria Tribe of Indians, National Park Service’s administrative U.S.C. 3003, Sec. 5 (d)(3). The Oklahoma. responsibilities under NAGPRA, 25 determinations within this notice are Additional human remains and U.S.C. 3003, Sec. 5 (d)(3). The the sole responsibility of the museum, funerary objects from the Utz site determinations within this notice are institution, or Federal agency that has (23SA002) were described in two the sole responsibility of the museum, control of these Native American human Notices of Inventory Completion institution, or Federal agency that has remains and associated funerary objects. published in the Federal Register July control of these Native American human The National Park Service is not 18, 2000 (FR doc. 00-18137, page remains and associated funerary objects. responsible for the determinations 44545), and April 3, 2001 (FR doc. 01- The National Park Service is not within this notice. 8175, pages 17732-17733), and were responsible for the determinations A detailed assessment of the human subsequently repatriated to the Iowa within this notice. remains was made by University of Tribe of Oklahoma on behalf of the A detailed assessment of the human Missouri–Columbia professional staff in Otoe-Missouria Tribe of Indians, remains was made by the Walter consultation with representatives of the Oklahoma. Elwood Museum professional staff in Iowa Tribe of Kansas and Nebraska; consultation with representatives of the Iowa Tribe of Oklahoma; and Otoe- Representatives of any other Indian Akwesasne Mohawk Nation. Missouria Tribe of Indians, Oklahoma. tribe that believes itself to be culturally In 1903 and 1904, human remains Between 1939 and 1980, human affiliated with these human remains and representing a minimum of four remains representing a minimum of six associated funerary objects should individuals were removed from the individuals were removed from site contact Dr. Michael O’Brien, Director, Wemp site (NYSM site #1100) near the 23SA002 (Utz site), Saline County, MO, Museum of Anthropology, 317 Lowry hamlet of Fort Hunter in the town of during excavations conducted by Hall, University of Missouri–Columbia, Florida, Montgomery County, NY. The University of Missouri–Columbia Columbia, MO 65211, telephone (573) human remains were removed either by professional staff, supervised field 882-4421, before April 7, 2003. a farmer or a canal worker during gravel school students, and volunteers of the Repatriation of the human remains and excavations to repair the Erie Canal, and Missouri Archaeological Society. No associated funerary objects to the Otoe- subsequently were purchased by Mr. known individuals were identified. The Missouria Tribe of Indians, Oklahoma Max Reid. Mr. Reid’s daughter, Mrs. 12 associated funerary objects are faunal may begin after that date if no Frazier Whitcomb, inherited the human remains, 5 pieces of debitage, and 6 additional claimants come forward. remains from her father. In 1948, Mrs. pottery fragments. The University of Missouri–Columbia, Whitcomb donated the human remains Based on oral tradition, types of Museum of Anthropology is responsible to the Walter Elwood Museum. No associated funerary objects, and for notifying the Iowa Tribe of Kansas known individuals were identified. The historical documents, these individuals and Nebraska; Iowa Tribe of Oklahoma; five associated funerary objects are have been determined to be Native and Otoe-Missouria Tribe of Indians, pottery sherds. American. Based on radiocarbon dating, Oklahoma that this notice has been The pottery sherds represent types presence of trade objects, and historical published. common during the Late Woodland documents, the Utz site has been period that preceded the historic Dated: December 10, 2002. identified as a village occupation Mohawk settlement at Fort Hunter. The estimated to date to approximately A.D. John Robbins, burials excavated at the Wemp site were 1460-1712. Oral tradition, archeological Assistant Director, Cultural Resources located on a gravel ridge east of Fort evidence, and historical documents Stewardship and Partnerships. Hunter where Mohawk groups indicate that the Utz site was a village [FR Doc. 03–5515 Filed 3–6–03; 8:45 am] established one of two remaining of the Missouria Tribe, and therefore, BILLING CODE 4310–70–S villages in the Mohawk Valley in the

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early 18th century. The historically ACTION: Notice of public meeting. provided to the AMWG and TWG documented ‘‘Lower Mohawk Castle,’’ members. also known as ‘‘Tionondoroge’’ or SUMMARY: The Adaptive Management Program (AMP) was implemented as a FOR FURTHER INFORMATION CONTACT: ‘‘Tehandaloga,’’ is generally assumed to Dennis Kubly, telephone (801) 524– be associated with a settlement located result of the Record of Decision on the Operation of Glen Canyon Dam Final 3715; faxogram (801) 524–3858; or via e- near the confluence of the Schoharie mail at [email protected]. Creek and the Mohawk River, which Environmental Impact Statement to included the Wemp site cemetery. The comply with consultation requirements Dated: February 24, 2003. Mohawk people established the of the Grand Canyon Protection Act Randall V. Peterson, settlement around 1710 and most had (Pub. L. 102–575) of 1992. The AMP Manager, Adaptive Management and abandoned it by 1776. provides an organization and process to Environmental Resources Division, Upper Officials of the Walter Elwood ensure the use of scientific information Colorado Regional Office. Museum have determined that, in decision making concerning Glen [FR Doc. 03–5393 Filed 3–6–03; 8:45 am] pursuant to 25 U.S.C. 3001, Sec. 2 (9- Canyon Dam operations and protection BILLING CODE 4310–MN–P 10), the human remains listed above of the affected resources consistent with represent the physical remains of at the Grand Canyon Protection Act. The least four individuals of Native AMP has been organized and includes a federal advisory committee (AMWG), INTERNATIONAL TRADE American ancestry. Officials of the COMMISSION Walter Elwood Museum have also a technical work group (TWG), a determined that, pursuant to 25 U.S.C. monitoring and research center, and [Investigation No. 332–451] 3001, Sec. (3)(A), the five objects listed independent review panels. The TWG is above are reasonably believed to have a subcommittee of the AMWG and Advice Concerning Possible been placed with or near individual provides technical advice and Modifications to the U.S. Generalized human remains at the time of death or information for the AMWG to act upon. System of Preferences, 2002 Review later as part of the death rite or Date and Location: The Glen Canyon Dam Adaptive Management Work AGENCY: International Trade ceremony. Lastly, officials of the Walter Commission. Elwood Museum have determined that, Group will conduct the following public ACTION: pursuant to 25 U.S.C. 3001, Sec. 2 (2), meeting: Institution of investigation and Flagstaff, Arizona—March 28, 2003. there is a relationship of shared group scheduling of hearing. The meeting will begin at 9:30 a.m. and identity that can be reasonably traced conclude at 4 p.m. The meeting will be SUMMARY: Following receipt on February between these Native American human held at the Grand Canyon Monitoring 20, 2003, of a request from the United remains and associated funerary objects and Research Center, 2255 N. Gemini States Trade Representative (USTR) and the Akwesasne Mohawk Nation. Drive, Building #3 Conference Room, under section 332(g) of the Tariff Act of Representatives of any other Indian 1930 (19 U.S.C. 1332(g)), the tribe that believes itself to be culturally Flagstaff, Arizona. Agenda: The purpose of the meeting Commission instituted investigation No. affiliated with these human remains and will be to address the status of the 332–451, Advice Concerning Possible associated funerary objects should humpback chub in the Colorado River. Modifications to the U.S. Generalized contact Ronald E. Limoncelli, At the AMWG Meeting held on January System of Preferences, 2002 Review. Superintendent, Greater Amsterdam 28–29, 2003, the following motion was Background: As requested by the School District, 11 Liberty Street, passed: ‘‘AMWG meet in special session USTR, in accordance with sections Amsterdam, New York 12101, telephone on or about April 1, 2003, to consider 503(a)(1)(A), 503(e), and 131(a) of the (518) 843-5217, before April 7, 2003. actions to implement a comprehensive Trade Act of 1974 (1974 Act), and under Repatriation of these human remains research and management program for section 332(g) of the Tariff Act of 1930, and associated funerary objects to the the HBC, and in the interim an ad hoc the Commission will provide advice as Akwesasne Mohawk Nation may committee of AMWG, TWG, GCMRC, to the probable economic effect on U.S. proceed after that date if no additional and science advisors develop industries producing like or directly claimants come forward. recommendations and report to AMWG competitive articles and on consumers The Walter Elwood Museum is of the elimination of U.S. import duties responsible for notifying the Akwesasne at the special session.’’ In conjunction with that motion, the HBC Ad Hoc for all beneficiary countries under the Mohawk Nation that this notice has GSP for the following HTS subheadings: been published. Group was formed and will present their report to the AMWG at the 0406.20.51, 0710.22.37, 0710.22.40, Dated: January 24, 2003. meeting. There will be no additional 0710.30.00, 0710.80.97 (pt.), John Robbins, agenda items. 0710.80.9730, 0710.90.91, 0804.20.80, Assistant Director, Cultural Resources Time will be allowed for any 1508.10.00, 1508.90.00, 1604.13.20, Stewardship and Partnerships. individual or organization wishing to 1604.13.30, 2001.90.20, 2008.19.20, [FR Doc. 03–5510 Filed 3–6–03; 8:45 am] make formal oral comments (limited to 2009.31.6020, 2009.39.6020, 2903.69.70 BILLING CODE 4310–70–S 5 minutes) at the meeting. (pts.), 2917.12.10, 2921.43.15, To allow full consideration of 2921.43.80 (pt.), 2922.42.10, 7202.93.00 information by the AMWG members, (pt.), 8108.20.0010, 8528.12.3224, DEPARTMENT OF THE INTERIOR written notice must be provided to 8528.12.3235, 8528.12.3250, and Dennis Kubly, Bureau of Reclamation, 8528.21.70. In providing its advice on Bureau of Reclamation Upper Colorado Regional Office, 125 these articles, the USTR asked that the Glen Canyon Dam Adaptive South State Street, Room 6107, Salt Commission assume that the benefits of Management Work Group (AMWG), Lake City, Utah, 84138; telephone (801) the GSP would not apply to imports that Notice of Meeting 524–3715; faxogram (801) 524–3858; e- would be excluded from receiving such mail at [email protected] at least FIVE benefits by virtue of the competitive AGENCY: Bureau of Reclamation, (5) days prior to the meeting. Any need limits specified in section Interior. written comments received will be 503(c)(2)(A) of the 1974 Act.

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As requested by the USTR, in EFFECTIVE DATE: February 27, 2003. addressed to the Secretary at the accordance with section 503(a)(1)(B), FOR FURTHER INFORMATION CONTACT: (1) Commission’s office in Washington, DC. 503(e) and 131(a) of the Trade Act of Project Manager, Cynthia B. Foreso The Commission’s rules do not 1974 (1974 Act), and under authority (202–205–3348 or [email protected]). authorize filing of submissions with the delegated by the President, delegated to (2) Deputy Project Manager, Eric Land Secretary by facsimile or electronic the USTR by sections 4(c) and 8(c) of (202–205–3349 or [email protected]). The means, except to the extent permitted by Executive Order 11846 of March 31, above persons are in the Commission’s section 201.8 of the Commission’s rules, 1975, the Commission will provide Office of Industries. For information on as amended, 67 FR 68036 (Nov. 8, advice as to the probable economic legal aspects of the investigation, 2002). The public record for this effect on U.S. industries producing like contact William Gearhart of the investigation may be viewed on the or directly competitive articles and on Commission’s Office of the General Commission’s electronic docket (EDIS) consumers of the elimination of U.S. Counsel at 202–205–3091 or at http://edis.usitc.gov. Hearing- import duties for countries designated [email protected]. impaired individuals are advised that as least-developed beneficiary Public Hearing: A public hearing in information on this matter can be developing countries in general note connection with this investigation is obtained by contacting our TDD 4(b)(i) of the HTS for the following HTS scheduled to begin at 9:30 a.m. on April terminal on (202) 205–1810. subheadings: 8211.91.20, 8215.99.01, 8, 2003, at the U.S. International Trade By order of the Commission. 8215.99.10, and 8215.99.30. In Commission Building, 500 E Street, Issued: March 3, 2003. providing its advice on these articles, SW., Washington, DC. All persons have Marilyn R. Abbott, the USTR asked that the Commission the right to appear by counsel or in Secretary to the Commission. assume that the benefits of the GSP person, to present information, and to would apply to imports that would be [FR Doc. 03–5400 Filed 3–6–03; 8:45 am] be heard. Persons wishing to appear at BILLING CODE 7020–02–P normally excluded from receiving such the public hearing should file a letter benefits by virtue of the competitive with the Secretary, United States need limits specified in section International Trade Commission, 500 E INTERNATIONAL TRADE 503(c)(2)(A) of the 1974 Act (an St., SW., Washington, DC 20436, not exemption from the application of the COMMISSION later than the close of business (5:15 competitive need limits for the least- [Investigations Nos. 731–TA–1015–1016 p.m.) on March 17, 2003. In addition, developed beneficiary developing (Final)] persons appearing should file countries is provided for in section prehearing briefs (original and 14 503(c)(2)(D) of the 1974 Act). Polyvinyl Alcohol From Germany and As requested under section 332(g) of copies) with the Secretary by the close Japan the Tariff Act of 1930, the Commission of business on March 20, 2003. Posthearing briefs should be filed with AGENCY: United States International will provide advice as to the probable Trade Commission. economic effect on U.S. industries the Secretary by the close of business on ACTION: Scheduling of the final phase of producing like or directly competitive April 14, 2003. In the event that no antidumping investigations. articles and on consumers of the requests to appear at the hearing are received by the close of business on removal of Russia from eligibility for SUMMARY: The Commission hereby gives March 19, 2003, the hearing will be duty-free treatment under the GSP for notice of the scheduling of the final canceled. Any person interested in HTS subheading 8108.90.60. phase of antidumping investigations attending the hearing as an observer or As requested under section 332(g) of Nos. 731–TA–1015–1016 (Final) under non-participant may call the Secretary the Tariff Act of 1930 and in accordance section 735(b) of the Tariff Act of 1930 with section 503(d)(1)(A) of the 1974 to the Commission (202–205–1816) after (19 U.S.C. 1673d(b)) (the Act) to Act, the Commission will provide March 19, 2003, to determine whether determine whether an industry in the advice on whether any industry in the the hearing will be held. United States is materially injured or United States is likely to be adversely Written Submissions: In lieu of or in threatened with material injury, or the affected by a waiver of the competitive addition to appearing at the public establishment of an industry in the need limits specified in section hearing, interested persons are invited United States is materially retarded, by 503(c)(2)(A) of the 1974 Act for to submit written statements concerning reason of less-than-fair-value imports Argentina for 1508.10.00, 2009.31.6020, the investigation. Written statements from Germany and Japan of polyvinyl and 2009.39.6020; for Brazil for should be received by the close of alcohol, provided for in subheading 2909.19.14, 7202.93.00, 8413.30.10, and business on April 14, 2003. Commercial 3905.30.00 of the Harmonized Tariff 8708.99.67; for India for 7418.19.10, or financial information which a Schedule of the United States.1 7418.19.50, 9405.50.20, 9405.50.30, and submitter desires the Commission to 9405.50.40; for Kazakhstan for treat as confidential must be submitted 1 For purposes of these investigations, the 7202.50.00 and 8108.20.0010; for on separate sheets of paper, each clearly Department of Commerce has defined the subject Morocco for HTS subheadings marked ‘‘Confidential Business merchandise as all polyvinyl alcohol (‘‘PVA’’) hydrolyzed in excess of 80 percent, whether or not 1604.13.20, 1604.13.30, and 2001.90.20; Information’’ at the top. All submissions mixed or diluted with commercial levels of for Thailand for 8414.51.00 (pt.), requesting confidential treatment must defoamer or boric acid, except as noted below. 8528.12.28, and 8544.30.00; and for conform with the requirements of The following products are specifically excluded Turkey for 0813.10.00, and 7113.19.29. section 201.6 of the Commission’s Rules from the scope of these investigations: With respect to the competitive need of Practice and Procedure (19 CFR (1) PVA in fiber form (2) PVA with hydrolysis less than 83 mole limit in section 503(c)(2)(A)(i)(I) of the 201.6). All written submissions, except percent and certified not for use in the production 1974 Act, the Commission, as requested, for confidential business information, of textiles will use the dollar value limit of will be made available for inspection by (3) PVA with hydrolysis greater than 85 percent $105,000,000. interested persons. The Commission and viscosity greater than or equal to 90 cps As requested by the USTR, the may include such confidential business (4) PVA with a hydrolysis greater than 85 percent, viscosity greater than or equal to 80 cps but less Commission will seek to provide its information in the report it sends to than 90 cps, certified for use in an ink jet advice not later than May 21, 2003. USTR. All submissions should be application

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For further information concerning Background issued thereafter, pursuant to section the conduct of this phase of these The final phase of these investigations 207.22 of the Commission’s rules. investigations, hearing procedures, and is being scheduled as a result of Hearing rules of general application, consult the affirmative preliminary determinations The Commission will hold a hearing Commission’s Rules of Practice and by the Department of Commerce that Procedure, part 201, subparts A through in connection with the final phase of imports of polyvinyl alcohol from these investigations beginning at 9:30 E (19 CFR part 201), and part 207, Germany and Japan are being sold in the a.m. on May 8, 2003, at the U.S. subparts A and C (19 CFR part 207). United States at less than fair value International Trade Commission EFFECTIVE DATE: February 26, 2003. within the meaning of section 733 of the Building. Requests to appear at the Act (19 U.S.C. 1673b). The hearing should be filed in writing with FOR FURTHER INFORMATION CONTACT: investigations were requested in a the Secretary to the Commission on or Debra Baker (202–205–3180), Office of petition filed on September 5, 2002, by before May 1, 2003. A nonparty who has Investigations, U.S. International Trade Celanese Chemicals, Ltd. of Dallas, TX testimony that may aid the Commission, 500 E Street SW., and E.I. du Pont de Nemours & Co. of Commission’s deliberations may request Washington, DC 20436. Hearing- Wilmington, DE. permission to present a short statement impaired persons can obtain Participation in the Investigations and at the hearing. All parties and information on this matter by contacting Public Service List nonparties desiring to appear at the the Commission’s TDD terminal on 202– hearing and make oral presentations 205–1810. Persons with mobility Persons, including industrial users of should attend a prehearing conference impairments who will need special the subject merchandise and, if the to be held at 9:30 a.m. on May 5, 2003, assistance in gaining access to the merchandise is sold at the retail level, at the U.S. International Trade Commission should contact the Office representative consumer organizations, Commission Building. Oral testimony of the Secretary at 202–205–2000. wishing to participate in the final phase and written materials to be submitted at of these investigations as parties must General information concerning the the public hearing are governed by file an entry of appearance with the Commission may also be obtained by sections 201.6(b)(2), 201.13(f), and Secretary to the Commission, as accessing its Internet server (http:// 207.24 of the Commission’s rules. provided in section 201.11 of the Parties must submit any request to www.usitc.gov). The public record for Commission’s rules, no later than 21 these investigations may be viewed on present a portion of their hearing days prior to the hearing date specified testimony in camera no later than 7 the Commission’s electronic docket in this notice. A party that filed a notice days prior to the date of the hearing. (EDIS–ON–LINE) at http:// of appearance during the preliminary edis.usitc.gov. phase of the investigations need not file Written Submissions an additional notice of appearance Each party who is an interested party SUPPLEMENTARY INFORMATION: during this final phase. The Secretary shall submit a prehearing brief to the will maintain a public service list Commission. Prehearing briefs must (5) PVA for use in the manufacture of an containing the names and addresses of conform with the provisions of section excipient or as an excipient in the manufacture of 207.23 of the Commission’s rules; the film coating systems which are components of a all persons, or their representatives, drug or dietary supplement, and accompanied by an who are parties to the investigations. deadline for filing is May 1, 2003. end-use certification Parties may also file written testimony (6) PVA covalently bonded with cationic Limited Disclosure of Business in connection with their presentation at monomer uniformly present on all polymer chains Proprietary Information (BPI) Under an the hearing, as provided in section in a concentration equal to or greater than one mole Administrative Protective Order (APO) 207.24 of the Commission’s rules, and percent and BPI Service List (7) PVA covalently bonded with carboxylic acid posthearing briefs, which must conform uniformly present on all polymer chains in a Pursuant to section 207.7(a) of the with the provisions of section 207.25 of concentration equal to or greater than two mole Commission’s rules, the Secretary will the Commission’s rules. The deadline percent, certified for use in a paper application make BPI gathered in the final phase of for filing posthearing briefs is May 15, (8) PVA covalently bonded with thiol uniformly present on all polymer chains, certified for use in these investigations available to 2003; witness testimony must be filed emulsion polymerization of non-vinyl acetic authorized applicants under the APO no later than three days before the material issued in the investigations, provided hearing. In addition, any person who (9) PVA covalently bonded with paraffin that the application is made no later has not entered an appearance as a party uniformly present on all polymer chains in a than 21 days prior to the hearing date to the investigations may submit a concentration equal to or greater than one mole percent specified in this notice. Authorized written statement of information (10) PVA covalently bonded with silan uniformly applicants must represent interested pertinent to the subject of the present on all polymer chains certified for use in parties, as defined by 19 U.S.C. 1677(9), investigations on or before May 15, paper coating applications who are parties to the investigations. A 2003. On May 30, 2003, the Commission (11) PVA covalently bonded with sulfonic acid party granted access to BPI in the will make available to parties all uniformly present on all polymer chains in a concentration level equal to or greater than one preliminary phase of the investigations information on which they have not had mole percent need not reapply for such access. A an opportunity to comment. Parties may (12) PVA covalently bonded with acetoacetylate separate service list will be maintained submit final comments on this uniformly present on all polymer chains in a by the Secretary for those parties information on or before June 3, but concentration level equal to or greater than one mole percent authorized to receive BPI under the such final comments must not contain (13) PVA covalently bonded with polyethylene APO. new factual information and must oxide uniformly present on all polymer chains in otherwise comply with section 207.30 of a concentration level equal to or greater than one Staff Report the Commission’s rules. All written mole percent The prehearing staff report in the final submissions must conform with the (14) PVA covalently bonded with quaternary amine uniformly present on all polymer chains in phase of these investigations will be provisions of section 201.8 of the a concentration level equal to or greater than one placed in the nonpublic record on April Commission’s rules; any submissions mole percent. 24, 2003, and a public version will be that contain BPI must also conform with

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the requirements of sections 201.6, By order of the Commission. (2) Evaluate the accuracy of the 207.3, and 207.7 of the Commission’s Issued: March 4, 2003. agency’s estimate of the burden of the rules. The Commission’s rules do not Marilyn R. Abbott, proposed collection of information, authorize filing of submissions with the Secretary to the Commission. including the validity of the Secretary by facsimile or electronic [FR Doc. 03–5599 Filed 3–5–03; 11:33 am] methodology and assumptions used; means, except to the extent permitted by BILLING CODE 7020–02–P (3) Enhance the quality, utility, and section 201.8 of the Commission’s rules, clarity of the information to be as amended, 67 FR 68036 (November 8, collected; and 2002). (4) Minimize the burden of the In accordance with sections 201.16(c) DEPARTMENT OF JUSTICE collection of information on those who and 207.3 of the Commission’s rules, are to respond, including through the each document filed by a party to the Office of Community Oriented Policing use of appropriate automated, investigations must be served on all Services; Agency Information electronic, mechanical, or other other parties to the investigations (as Collection Activities: Proposed technological collection techniques or identified by either the public or BPI Collection; Comments Requested other forms of information technology, service list), and a certificate of service e.g., permitting electronic submission of ACTION: must be timely filed. The Secretary will 60-day emergency notice of information collection under review: responses. not accept a document for filing without Overview of this information a certificate of service. reinstatement, with change, of a previously approved collection for collection: Authority: These investigations are being which approval has expired; COPS (1) Type of Information Collection: conducted under authority of title VII of the Making Officer Redeployment Effective Reinstatement, with change, of a Tariff Act of 1930; this notice is published (‘‘MORE’’) Grant Program Application previously approved collection for pursuant to section 207.21 of the Kit. which approval has expired. Commission’s rules. (2) Title of the Form/Collection: COPS By order of the Commission. The Department of Justice Office of Making Officer Redeployment Effective Issued: March 3, 2003. Community Policing Services has (‘‘MORE’’) Grant Program Application Marilyn R. Abbott, submitted the following information Kit. Secretary to the Commission. collection request to the Office of (3) Agency form number, if any, and [FR Doc. 03–5364 Filed 3–6–03; 8:45 am] Management and Budget (OMB) for the applicable component of the review and clearance in accordance Department of Justice sponsoring the BILLING CODE 7020–02–P with emergency review procedures of collection: Department of Justice, Office the Paperwork Reduction Act of 1995. of Community Oriented Policing INTERNATIONAL TRADE OMB approval has been requested by Services (COPS) Form Number: N/A. COMMISSION March 14, 2003. The proposed (4) Affected public who will be asked information collection is published to or required to respond, as well as a brief [USITC SE–03–008] obtain comments from the public and abstract: Primary State, local and Tribal law enforcement agencies. Other: Sunshine Act Meeting Notice affected agencies. If granted, the emergency approval is only valid for University police, housing authorities, AGENCY HOLDING THE MEETING: 180 days. Comments should be directed and school districts. Abstract: The International Trade Commission. to OMB, Office of Information information collected will be used by TIME AND DATE: March 17, 2003, at 11 Regulation Affairs, Attention: the COPS Office to determine whether a.m. Department of Justice Desk Officer (202) law enforcement agencies are eligible PLACE: Room 101, 500 E Street, SW., 395–6466, Washington, DC 20503. for one year grants specifically targeted Washington, DC 20436, Telephone: During the first 60 days of this same to provide funding for technology and (202) 205–2000. review period, a regular review of this equipment. The grants are meant to enhance law enforcement IT STATUS: Open to the public. information collection is also being undertaken. Written comments and/or infrastructure and community policing MATTERS TO BE CONSIDERED: efforts in these communities. 1. Agenda for future meetings: none. suggestions regarding additional 2. Minutes. information, including obtaining a copy (5) An estimate of the total number of 3. Ratification List. of the proposed information collection respondents and the amount of time 4. Inv. Nos. 701–TA–423 and 731– instrument with instructions, should be estimated for an average respondent to TA–1024–1028 (Preliminary) directed to Gretchen DePasquale, 202– respond: There will be an estimated (Prestressed Concrete Steel Wire Strand 305–7780, Office of Community 2,500 responses per year. The estimated from Brazil, India, Korea, Mexico, and Oriented Policing Services, 1100 amount of time required for the average Thailand)—briefing and vote. (The Vermont Avenue, NW., Washington, DC respondent to respond is 26 hours. Commission is currently scheduled to 20530. (6) An estimate of the total public transmit its determination to the Written comments and suggestions burden (in hours) associated with the Secretary of Commerce on March 17, from the public and affected agencies collection: The total number of annual 2003; Commissioners’ opinions are concerning the proposed collection of burden hours associated with this currently scheduled to be transmitted to information are encouraged. Your collection is 65,000. the Secretary of Commerce on or before comments should address one or more If additional information is required March 24, 2003.) of the following four points: contact: Brenda Dyer, Deputy Clearance 5. Outstanding action jackets: none. (1) Evaluate whether the proposed Officer, Information Management and In accordance with Commission collection of information is necessary Security Staff, Justice Management policy, subject matter listed above, not for the proper performance of the Division, United States Department of disposed of at the scheduled meeting, functions of the agency, including Justice, 601 D Street NW., Patrick Henry may be carried over to the agenda of the whether the information will have Building, Suite 1600, NW., Washington, following meeting. practical utility; DC 20530.

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Dated: February 27, 2003. (2) Evaluate the accuracy of the If additional information is required Brenda Dyer, agencies estimate of the burden of the contact: Mrs. Brenda E. Dyer, Deputy Deputy Clearance Officer, United States proposed collection of information, Clearance Officer, United States Department of Justice. including the validity of the Department of Justice, Information [FR Doc. 03–5523 Filed 3–6–03; 8:45 am] methodology and assumptions used; Management and Security Staff, Justice BILLING CODE 4410–AT–M (3) Enhance the quality, utility, and Management Division, Suite 1600, clarity of the information to be Patrick Henry Building, 601 D Street collected; and NW., Washington, DC 20530. DEPARTMENT OF JUSTICE (4) Minimize the burden of the collection of information on those who Dated: February 27, 2003. Office of Justice Program are to respond, including through the Brenda E. Dyer, use of appropriate automated, Agency Information Collection Department Deputy Clearance Officer, United electronic, mechanical, or other States Department of Justice. Activities: Proposed Collection; technological collection techniques or [FR Doc. 03–5522 Filed 3–6–03; 8:45 am] Comments Requested other forms of information technology, BILLING CODE 4410–18–M ACTION: 30-day notice of information e.g., permitting electronic submission of collection under review: reinstatement, responses. without change, of a previously Overview of This Information DEPARTMENT OF JUSTICE approved collection for which approval Collection National Institute of Corrections has expired; COPS Universal Hiring (1) Type of information collection: Program (UHP) and COPS in Schools Reinstatement, without change, of a (CIS) Grant Applications. Solicitation for a Cooperative previously approved collection for Agreement—‘‘Executive Training for The Department of Justice (DOJ), which approval has expired. Women—Team Development’’ Office of Office of Community Oriented (2) The title of the form/collection: Policing Services has submitted the Universal Hiring Program and COPS in AGENCY: National Institute of following information collection request Schools Grant Applications. Corrections, Department of Justice. to the Office of Management and Budget (3) The agency form number, if any, (OMB) for review and approval in and the applicable component of the ACTION: Solicitation for a cooperative accordance with the Paperwork Department sponsoring the collection: agreement. Reduction Act of 1995. The proposed Form number: None. Sponsoring information collection is published to component: Office of Community SUMMARY: The Department of Justice obtain comments from the public and Oriented Policing Services, U.S. (DOJ), National Institute of Corrections affected agencies. This proposed Department of Justice. (NIC), announced the availability of information collection was previously (4) Affected public who will be asked funds in FY2003 for a cooperative published in theFederal Register or required to respond, as well as a brief agreement to fund the project, abstract: Primary: State, local and tribal Volume 67, Number 219, page 68885 on ‘‘Executive Training for Women—Team governments. Other: none. The COPS November 13, 2002, allowing for a 60 Building’’. This announcement, day comment period. Office requests OMB approval of a reinstatement, without change, of a published in the Federal Register The purpose of this notice is to allow February 20, 2003, (Volume 68, Number for an additional 30 days for public previously approved collection for 34, Page 8308–8311), is amended to comment until April 7, 2003. This which approval has expired. It will clarify funding availability for FY2004. process is conducted in accordance with continue to be used by state, local and 5 CFR 1320.10. tribal jurisdictions to apply for federal Funds Available: The award amount Written comments and/or suggestions funding which will be used to increase will be limited to a maximum of regarding the items contained in this the number of sworn law enforcement $175,000 (direct and indirect costs) notice, especially the estimated public positions in their law enforcement $100,00 will be paid in FY2003 and burden and associated response time, agencies. These grants are meant to $75,000 in FY2004. should be directed to The Office of enhance law enforcement Number of Awards: One (1). Management and Budget, Office of infrastructures and community policing Information and Regulatory Affairs, efforts in both local communities NIC Application Number: 03P22. This Attention Department of Justice desk (Universal Hiring Program) and local number should appear as a reference Officer, Washington, DC 20503. schools (COPS in Schools). line in the cover letter, in box 11 of Additionally, comments may be (5) An estimate of the total number of Standard Form 424, and on the outside submitted to OMB via facsimile to (202) respondents and the amount of time of the envelope in which the application 395–7285. estimated for an average respondent to is sent. Request written comments and respond: There are an estimated 3,500 Catalog of Federal Domestic suggestions from the public and affected respondents (or grantees): 2,000 Assistance Number is: 16.601, Title: agencies concerning the proposed respondents for the UHP, and 1,500 Training and Staff Development. collection of information are respondents for the CIS. The estimated encouraged. Your comments should amount of time required for the average Executive Order 12372: This program address one or more of the following respondent is 8 hours. is not subject to the provisions of four points: (6) An estimate of the total public Executive Order 12372. (1) Evaluate whether the proposed burden (in hours) associated with the Dated: March 3, 2003. collection of information is necessary collection: There are 31,500 estimated Morris L. Thigpen, for the proper performance of the burden hours associated with this functions of the agency, including collection: 18,000 annual burden hours Director, National Institute of Corrections. whether the information will have for UHP, and 13,500 burden hours for [FR Doc. 03–5524 Filed 3–6–03; 8:45 am] practical utility; CIS. BILLING CODE 4410–36–M

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DEPARTMENT OF JUSTICE 6423 extension 44222 or e-mail prisons and special population units, rippetoe@bop. gov. and identification of ‘‘best practices’’ in National Institute of Corrections All technical or programmatic the field of prison staffing analysis. questions concerning this Purpose: To develop a training Solicitation for a Cooperative announcement should be directed to program which can be used by state Agreement—‘‘Best Practices in Prison Madeline Ortiz, National Institute of prisons to train staff how to conduct a Staffing Analysis’’ Corrections. She can be reached by staffing analysis, to provide information on staffing analysis in women’s prisons AGENCY: National Institute of calling 1–800–995–6423 extension and special population units, and to Corrections, Department of Justice. 30481 or by e-mail at [email protected]. SUPPLEMENTARY INFORMATION: identify ‘‘best practices’’ used in ACTION: Solicitation for a cooperative conducting staffing analysis by agreement. Background: The National Institute of Corrections has offered the training departments of corrections for state program, ‘‘Conducting Prison Staffing prisons. SUMMARY: The Department of Justice Scope of Work: The awardee will Analysis,’’ over the last several years. (DOJ), National Institute of Corrections research the NIC training materials, Many participants have taken numerous (NIC), announces the availability of examine other sources of information ideas from this program back to their funds in FY 2003 for a cooperative regarding staffing analysis in prisons, home agencies to implement within agreement to fund the project ‘‘Prison and obtain specific information from their institutions. The manuals used in Staffing Analysis.’’ NIC will award a one various adult state and federal the training programs are available to year cooperative agreement to develop a correction agencies to complete the the field through the NIC Information training program, with accompanying following tasks: materials, which can be used by state Center. These manuals will help inform 1. Identify criteria required to conduct prisons to train their staff on how to the applicant about the scope of the a valid staffing analysis in general male conduct a prison staffing analysis; to course work provided through those inmate populations, women’s prisons examine staffing patterns and needs in programs. In addition, the NIC Jails populations, and for special populations women’s prisons as well as special Division has produced a document and such as mentally ill and chronically ill. offender populations, such as units for e-learning program regarding staffing 2. Update the assessment tool used in the mentally ill and chronically ill, and analysis in jails which may also provide previous NIC programs as an example, to provide staffing recommendations for helpful information. The ‘‘Staffing not a model, of a comprehensive tool for these units; and to identity best Analysis Workbook for Jails’’ is assessing a correctional agency’s staffing practices which are used in conducting available on the NIC Web site (http:// requirements. Examples of assessment a prison staffing analysis. A total of www.nicic.org; click on ‘‘publications’’ instruments from other correctional $100,000 (direct and indirect costs) is then ‘‘jails’’). For a CD of the e-learning systems that meet established criteria reserved for this project commencing in training ‘‘Staffing Analysis for Jails’’ should also be considered and included fiscal year 2003. contact Sharon Floyd, NIC Prisons’ in the training material if the awardee A cooperative agreement is a form of Division, at 1–800–995–6423 ext 44072. thinks advisable. assistance relationship where the In 2002 the National Institute of 3. Provide an example, or examples, National Institute of Corrections is Corrections’ Prisons Division and of staffing assessment instruments that substantially involved during the Information Center conducted a survey may be used in women’s prisons as well performance of the award. The recipient of state corrections agencies on the as special offender population units, of the award will be selected through subject of staffing needs and analysis of such as for the mentally ill and the the competitive solicitation process. women’s prisons as well as special chronically ill. This can be done offender population units, such as for DATES: Applications must be received through identifying systems with the mentally ill and the chronically ill. by 4 p.m. Eastern Standard Time on existing formulas/strategies that meet The responses varied from state to state, April 25, 2003. established criteria, or the awardee may however, the survey identified a clear need to develop formulas/strategies. ADDRESSES: Mailed applications must be need for different staffing requirements 4. Provide a comprehensive list of the sent to: Director, National Institute of for these prison populations. Results of range of issues that a correctional Corrections, 320 First Street, NW., Room this survey will be available after March agency should address in their staffing 5007, Washington, DC 20534. 15, 2003, on the NIC Web site (http:// plans. Provide sample policies and Applicants are encouraged to use www.nicic.org). procedure that readers could use to Federal Express, UPS, or similar service Numerous changes in the correctional improve their own. to ensure delivery by the due date as environment, such as budget reductions, 5. Identify ‘‘best practices’’ which mail at NIC is still being delayed due to changes in the characteristics of the have been identified from state extensive screening procedures. workforce, changes in the demographics departments of corrections regarding Hand delivered applications should and characteristics of the inmate staffing analysis for various types of be brought to 500 First Street, NW., population, have created an even more offender populations. Washington, DC 20534. At the front pronounced need for assessing the 6. Develop a training program, with desk, call (202) 307–3106, extension 0 current policies and procedures that all necessary materials, which can be for pickup. Faxed or emailed systems have in place for establishing used by a state prison to train staff on applications will not be accepted. staffing patterns. conducting a staffing analysis. The FOR FURTHER INFORMATION CONTACT: A A goal of the Prisons Division is to training materials are intended to be copy of this announcement and the provide the most current information to used on site at a prison without the required application forms can be correctional managers regarding prison necessity of an NIC instructor. The downloaded from the NIC Web page at staffing analysis. Included in this delivery method may include e- www.nicic.org (Click on ‘‘cooperative project will be the compilation of learning, self-explanatory course and agreements.’’) Hard copies of the relevant materials from past programs, workbook, in-house trainer delivered announcement can be obtained by the development of new information content, or other methods as identified calling Rita Rippetoe at 1–800–995– regarding staffing analysis for women’s by the awardee. The materials must be

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amenable to delivery on site without 1. A brief paragraph indicating the NIC Application Number: 03P25. This outside/consultant expertise. applicant’s understanding of the number should appear as a reference 7. Compile relevant materials from purpose of this cooperative agreement; line in the cover letter, in box 11 of previous NIC training programs and 2. One or more paragraphs detailing Standard Form 424, and on the outside other sources on staffing analysis into a the applicants understanding of the of the envelope in which the application workbook which can be used as part of history of and need for doing staffing is sent. the developed training program. analysis in prisons; Catalog of Federal Domestic 8. Identify strategies that could be 3. A brief paragraph summarizing the Assistance Number is: 16.601, Title: used to defend appropriate staffing project goals and objectives; Training and Staff Development. levels in the climate of budget 4. A clear description of the Executive Order 12372: This program reductions. Case examples where methodology for project completion and is not subject to the provisions of staffing analysis have been used achievement of its goals; Executive Order 12372. 5. A clearly developed Project Plan successfully to defend appropriate Dated: March 3, 2003. staffing levels should be included. which demonstrates how and when the various goals and objectives of the Morris L. Thigpen, Specific Requirements: 1. The Director, National Institute of Corrections. applicant must proposed a project team project will be achieved through its [FR Doc. 03–5525 Filed 3–6–03; 8:45 am] which includes a person(s) with prison various activities so as to produce the staffing analysis expertise and a required results; BILLING CODE 4410–36–M 6. A chart of measurable project person(s) with correctional management milestones and time lines for the and operations experience. completion of each milestone; DEPARTMENT OF LABOR Documentation of the principal’s and all 7. A description of the qualifications team members relevant knowledge, of the applicant organization and each Office of the Secretary skills, abilities, and specific experience project staff direct experience in related to carrying out the described conducting staffing analysis should be All Items Consumer Price Index for All tasks must be included in the highlighted; Urban Consumers United States City application. 8. A description of the staffing plan Average 2. The person designated as project for the project, including the role of director must be the person who will each project staff, the percentage of the Pursuant to Section 112 of the 1976 manage the project on a day-to-day basis time commitment for each (in days), the amendments to the Federal Election and who has full decision making relationship among the staff (who Campaign Act (Pub. L. 94–283, 2 U.S.C. authority to work with the NIC project reports to whom), and a statement from 441a), the Secretary of Labor has manager. This person must have enough individual staff that they will be certified to the Chair of the Federal time dedicated to the project to assure available to work on this project and Election Commission and publishes this they are available to direct the day-to- meet the required level of experience. notice in the Federal Register that the day activities of the project and to be 9. A budget detailing all costs for the United States City Average All Items available for collaboration with the NIC project, shows consideration for all Consumer Price Index for All Urban project manager. contingencies for this project, and notes Consumers (1967=100) increased 264.8 3. Applicants should identify in the a commitment to work within the percent from its 1974 annual average of proposal specific strategies for assuring budget proposed. The budget should be 147.7 to its 2002 annual average of a collaborative effort between their divided into object class categories as 538.8. Using 1974 as a base (1974=100), project team and NIC. Specific examples shown on application Standard Form I certify that the United States City of successful collaboration with NIC or 424A. A budget narrative must be Average All Items Consumer Price Index other agencies will be helpful. The included which explains how all costs for All Urban Consumers thus increased requirement, in federal law and policy, were determined. 264.8 percent from its 1974 annual that NIC/the government agency be average of 100 to its 2002 annual ‘‘substantially involved’’ in all aspects Authority: Public Law 93–415. average of 364.8. of the project work needs to be Funds Available: The award will be Signed at Washington, DC on the 3rd day addressed in the proposal. limited to a maximum of $100,000 of March, 2003. Application Requirements: (direct and indirect costs). Funds may Elaine L. Chao, Applications must be submitted using only be used for the activities that are Secretary of Labor. OMB Standard Form 424, Federal linked to the desired outcome of the [FR Doc. 03–5408 Filed 3–6–03; 8:45 am] Assistance, and attachments. (Copies project. No funds are transferred to state BILLING CODE 4510–24–M can be downloaded from the NIC Web or local governments. This project will page at http:www.nicic.org/service/ be a collaborative venture with the NIC coop/default.htm.) The applications Prisons Division. DEPARTMENT OF LABOR should be concisely written, typed Eligibility of Applicants: An eligible double-spaced and refer to the project applicant is any state or general unit of Employment and Training by the ‘‘NIC Application Number;’’ and local government, private agency, Administration Title in this announcement. educational institution, organization, [TA–W–50,626] Submit an original and six copies. individuals or team with expertise in The original should have the applicant’s the requested areas in order to Crowe Logging, Inc., Encampment, signature in blue ink. A cover letter successfully meet the objectives of this WY; Notice of Termination of must identify the responsible audit project. Investigation agency for the applicant’s financial Review Considerations: Applications accounts. received under this announcement will Pursuant to section 221 of the Trade The narrative portion of this be subject to a 3- to 5-member Peer Act of 1974, as amended, an cooperative agreement application Review Process. investigation was initiated on January should include, at a minimum: Number of Awards: One (1). 22, 2003, in response to a worker

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petition filed by a company official on apply for Trade Adjustment Assistance Systems, only then, could the engineers behalf of workers at Crowe Logging, (TAA). The denial notice applicable to be included in a certification for TAA. Inc., Encampment, Wyoming. workers of General Electric Industrial Conclusion The petitioner has requested that the Systems, Salem, Virginia was signed on petition be withdrawn. Consequently, September 3, 2002, and published in the After review of the application and the investigation has been terminated. Federal Register on September 23, 2002 investigative findings, I conclude that there has been no error or Signed at Washington, DC this 24th day of (67 FR 59551). February 2003. Pursuant to 29 CFR 90.18(c) misinterpretation of the law or of the reconsideration may be granted under facts which would justify Richard Church, the following circumstances: reconsideration of the Department of Certifying Officer, Division of Trade (1) If it appears on the basis of facts Labor’s prior decision. Accordingly, the Adjustment Assistance. not previously considered that the application is denied. [FR Doc. 03–5417 Filed 3–6–03; 8:45 am] determination complained of was Signed at Washington, DC, this 5th day of BILLING CODE 4510–30–P erroneous; February 2003. (2) If it appears that the determination Edward A. Tomchick, complained of was based on a mistake DEPARTMENT OF LABOR Director, Division of Trade Adjustment in the determination of facts not Assistance. previously considered; or Employment and Training (3) If in the opinion of the Certifying [FR Doc. 03–5415 Filed 3–6–03; 8:45 am] Administration Officer, a mis-interpretation of facts or BILLING CODE 4510–30–P [TA–W–50,887] of the law justified reconsideration of the decision. DEPARTMENT OF LABOR General Binding Corporation, Notice of The TAA petition, filed on behalf of Termination of Investigation, De workers at General Electric Industrial Employment and Training Forest, WI Systems, Salem, Virginia, engaged in Administration activities related to production of drives Pursuant to Section 221 of the Trade and control systems, was denied [TA–W–50,775] Act of 1974, as amended, an because the ‘‘contributed importantly’’ investigation was initiated on February group eligibility requirement of Section Harman Wisconsin, Inc., Prairie Du 13, 2003 in response to a worker 222(3) of the Trade Act was not met. Chien, WI; Notice of Termination of petition filed on behalf of workers at The contributed importantly test is Investigation General Binding Corporation, De Forest, generally demonstrated through a Pursuant to Section 221 of the Trade Wisconsin. survey of customers of the workers’ Act of 1974, as amended, an The petitioning group of workers is firm. Results of the survey revealed that investigation was initiated on February covered by an earlier petition filed on customers did not increase their imports 4, 2003 in response to a worker petition January 31, 2003 (TA–W–50,813) that is of competitive products during the filed by a company official on behalf of the subject of an ongoing investigation relevant period. The subject firm did not workers at Harman Wisconsin, Inc., for which a determination has not yet import drives and control systems Prairie du Chien, Wisconsin. been issued. Further investigation in during the relevant period. The petitioner has requested that the this case would duplicate efforts and In requesting reconsideration, the petition be withdrawn. Consequently, serve no purpose; therefore the petitioner(s) stated that their function as the investigation has been terminated. investigation under this petition has engineers merited separate been terminated. Signed at Washington, DC, this 26th day of consideration from the negative February 2003. determination issued to production Signed at Washington, DC this 21st day of Richard Church, February, 2003. workers. This separate consideration appears to be based on the belief that Certifying Officer, Division of Trade Richard Church, Adjustment Assistance. their jobs had been shifted overseas and Certifying Officer, Division of Trade [FR Doc. 03–5418 Filed 3–6–03; 8:45 am] Adjustment Assistance. the understanding that ‘‘the moving of BILLING CODE 4510–30–P [FR Doc. 03–5420 Filed 3–6–03; 8:45 am] business functions overseas is the BILLING CODE 4510–30–P equivalent of importing products when U.S. jobs are eliminated.’’ DEPARTMENT OF LABOR The work conducted by the DEPARTMENT OF LABOR engineering group is considered a Employment and Training service. Since the engineering worker Administration Employment and Training group was engaged in design and Administration development and not the actual [TA–W–50,779] production of drive and control systems Jacobson Greenhouse, Inc. Spokane, [TA–W–41,799] produced at the subject plant they do WA; Notice of Termination of not meet the eligibility requirements General Electric Industrial Systems, Investigation Salem, VA; Notice of Negative under section 222 of the Trade Act of Determination Regarding Application 1974, as amended. Only in very limited Pursuant to Section 221 of the Trade for Reconsideration instances are service workers certified Act of 1974, as amended, an for TAA, namely the worker separations investigation was initiated on February By application received on September must be caused by a reduced demand 4, 2003 in response to a worker petition 30, 2002, petitioners requested for their services from a parent or filed by a company official on behalf of administrative reconsideration of the controlling firm or subdivision under workers of Jacobson Greenhouse, Inc., Department’s negative determination certification for TAA. If import impact Spokane, Washington. regarding eligibility for workers and had been established for the production The petitioning group of workers was former workers of the subject firm to workers of General Electric Industrial separated from the Jacobson

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Greenhouse, Inc., Spokane, Washington of the Trade Act of 1974, as amended; DEPARTMENT OF LABOR in January 1998, when the company was not met. The denial was based on ceased all its production. Consequently, evidence the workers developed Employment and Training further investigation in this case would software for e-commerce and software Administration serve no purpose, and the investigation solutions used in the mortgage and real Investigations Regarding Certifications has been terminated. estate industries. The workers did not of Eligibility To Apply for Worker Signed at Washington, DC, this 20th day of produce an article as required for Adjustment Assistance February, 2003. certification under Section 222 of the Linda G. Poole, Trade Act of 1974. Petitions have been filed with the Certifying Officer, Division of Trade The petitioner alleges that software Secretary of Labor under section 221(a) Adjustment Assistance. development activities conducted at the of the Trade Act of 1974 (‘‘the Act’’) and [FR Doc. 03–5419 Filed 3–6–03; 8:45 am] Carlsbad, California plant were shifted are identified in the Appendix to this BILLING CODE 4510–30–P to an affiliated foreign source. The notice. Upon receipt of these petitions, the Director of the Division of Trade petitioner further states that the parent Adjustment Assistance, Employment firm shipped the software that was in a DEPARTMENT OF LABOR and Training Administration, has later stage in the development back to instituted investigations pursuant to Employment and Training the United States for quality section 221(a) of the Act. Administration adjustments to the software prior to the The purpose of each of the release of the software. [TA–W–41,448] investigations is to determine whether The Department considers the the workers are eligible to apply for Ocwen Technology Xchange, development stage of an article as a adjustment assistance under Title II, Carlsbad, CA; Notice of Negative service activity. In the case of the Chapter 2, of the Act. The investigations Determination Regarding Application workers identified as developing will further relate, as appropriate, to the for Reconsideration software, they were exclusively engaged determination of the date on which total or partial separations began or By application received on October 7, in the development and design of a product, rather than the actual threatened to begin and the subdivision 2002, a petitioner requested of the firm involved. administrative reconsideration of the production of an article, they do not produce an article within the meaning The petitioners or any other persons Department’s negative determination showing a substantial interest in the regarding eligibility to apply for Trade of section 222(3) of the Trade Act of 1974. subject matter of the investigations may Adjustment Assistance (TAA), request a public hearing, provided such applicable to workers and former Conclusion request is filed in writing with the workers of the subject firm. The denial Director, Division of Trade Adjustment notice was signed on August 27, 2002, After review of the application and Assistance, at the address shown below, and published in the Federal Register investigative findings, I conclude that not later than March 17, 2003. on September 10, 2002 (67 FR 57456). there has been no error or Interested persons are invited to Pursuant to 29 CFR 90.18(c) misinterpretation of the law or of the submit written comments regarding the reconsideration may be granted under facts which would justify subject matter of the investigations to the following circumstances: reconsideration of the Department of the Director, Division of Trade (1) If it appears on the basis of facts Labor’s prior decision. Accordingly, the Adjustment Assistance, at the address not previously considered that the application is denied. shown below, not later than March 17, determination complained of was 2003. erroneous; Signed at Washington, DC this 10th day of (2) If it appears that the determination February 2003. The petitions filed in this case are available for inspection at the Office of complained of was based on a mistake Edward A. Tomchick, the Director, Division of Trade in the determination of facts not Director, Division of Trade Adjustment previously considered; or Adjustment Assistance, Employment Assistance. and Training Administration, U.S. (3) If in the opinion of the Certifying [FR Doc. 03–5414 Filed 3–6–03; 8:45 am] Officer, a mis-interpretation of facts or Department of Labor, Room C–5311, 200 of the law justified reconsideration of BILLING CODE 4510–30–P Constitution Avenue, NW., Washington, the decision. DC 20210. The petition for the workers of Ocwen Signed at Washington, DC this 12th day of Technology Xchange, Carlsbad, February, 2003. California was denied because the Edward A. Tomchick, ‘‘contributed importantly’’ group Director, Division of Trade Adjustment eligibility requirement of Section 222(3) Assistance.

APPENDIX [Petitions Instituted Between 01/27/2003 and 01/31/2003]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

50,684 ...... Producto Machine Company (Comp) ...... Bridgeport, CT ...... 01/27/2003 01/24/2003 50,685 ...... Elm Tex, Inc. (Comp) ...... Springfield, MA ...... 01/27/2003 01/24/2003 50,686 ...... First Source Furniture Group (Comp) ...... Halls, TN ...... 01/27/2003 12/30/2002 50,687 ...... Metso Paper (Wkrs) ...... Beloit, WI ...... 01/27/2003 01/14/2003 50,688 ...... Golden Northwest Aluminum (USWA) ...... The Dalles, OR ...... 01/27/2003 01/15/2003

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APPENDIX—Continued [Petitions Instituted Between 01/27/2003 and 01/31/2003]

Date of institu- Date of TA–W Subject Firm (petitioners) Location tion petition

50,689 ...... F/V Wendy Anne (Comp) ...... Larsen Bay, AK ...... 01/27/2003 01/24/2003 50,690 ...... Pillsbury Company General Mills (Wkrs) ...... Denison, TX ...... 01/27/2003 01/24/2003 50,691 ...... Terry Wassillie (Comp) ...... Iliamna, AK ...... 01/27/2003 01/24/2003 50,692 ...... Findlay Industries (Comp) ...... Findlay, OH ...... 01/27/2003 01/24/2003 50,693 ...... Wards Cove Packing Company (Comp) ...... Seattle, WA ...... 01/27/2003 01/15/2003 50,694 ...... Modern Mold-Manufacturing, Inc. (MI) ...... Port Huron, MI ...... 01/28/2003 01/17/2003 50,695 ...... F/V Miss Maddison, Inc. (Comp) ...... Mercer Island, WA ...... 01/28/2003 01/25/2003 50,696 ...... Lustar Dyeing and Finishing (Comp) ...... Asheville, NC ...... 01/28/2003 01/22/2003 50,697 ...... F/V Able Mabel (Comp) ...... Sand Pt, AK ...... 01/28/2003 01/25/2003 50,698 ...... Motor Coach Industries, Inc. (IAM) ...... Pembina, ND ...... 01/28/2003 01/24/2003 50,699 ...... Jideco of Bardstown, Inc. (Comp) ...... Bardstown, KY ...... 01/28/2003 01/22/2003 50,700 ...... 20th Century Machine (Comp) ...... Armada, MI ...... 01/28/2003 01/21/2003 50,701 ...... Midwest Electric Products, Inc. (Comp) ...... Mankato, MN ...... 01/28/2003 01/24/2003 50,702 ...... Motorola, Inc. (Wkrs) ...... Phoenix, AZ ...... 01/28/2003 01/23/2003 50,703 ...... Versa-Tool, Inc. (Wkrs) ...... Meadville, PA ...... 01/28/2003 01/27/2003 50,704 ...... Tarcon, Inc. (Wkrs) ...... Pulaski, WI ...... 01/28/2003 01/09/2003 50,705 ...... Rexam (NJ) ...... Mt. Holly, NJ ...... 01/28/2003 01/27/2003 50,706 ...... Oregon Steel Mills (Wkrs) ...... Portland, OR ...... 01/28/2003 01/27/2003 50,707 ...... Nippon Wiper Blade Co., Ltd. (Comp) ...... Petersburg, VA ...... 01/28/2003 01/28/2003 50,708 ...... Peace Industries, Ltd. (Comp) ...... Rolling Meadows, IL ...... 01/28/2003 01/27/2003 50,709 ...... Coilcraft, Inc. (Comp) ...... Cary, IL ...... 01/28/2003 01/20/2003 50,710 ...... F/V Kona Rose, Inc. (Comp) ...... Seattle, WA ...... 01/28/2003 01/27/2003 50,711 ...... F/V Capt. Anvis (Comp) ...... Manokatak, AK ...... 01/28/2003 01/21/2003 50,712 ...... F/V Mikna Rene (Comp) ...... Manokatak, AK ...... 01/28/2003 01/21/2003 50,713 ...... Jideco (Comp) ...... Farmington Hill, MI ...... 01/28/2003 01/22/2003 50,714 ...... F/V Missy Mary (Comp) ...... Manokatak, AK ...... 01/28/2003 01/21/2003 50,715 ...... F/V Aaron and Eric (Comp) ...... Manokotak, AK ...... 01/28/2003 01/21/2003 50,716 ...... F/V Miss Kristy (Comp) ...... Clark’s Point, AK ...... 01/28/2003 01/21/2003 50,717 ...... F/V Echo 3 (Comp) ...... Clark’s Point, AK ...... 01/28/2003 01/21/2003 50,718 ...... F/V Adrian D. (Comp) ...... Clark’s Point, AK ...... 01/28/2003 01/21/2003 50,719 ...... Menasha Packaging Co., LLC (Comp) ...... Colona, MI ...... 01/29/2003 01/23/2003 50,720 ...... Siemens Business Services (Wkrs) ...... Mason, OH ...... 01/29/2003 01/27/2003 50,721 ...... CPM Electronic Industries (Wkrs) ...... Roseville, MI ...... 01/29/2003 01/22/2003 50,722 ...... Bickford Woodworking Products, Inc. (Comp) Monmouth, ME ...... 01/29/2003 01/23/2003 50,723 ...... The Rival Company (Wkrs) ...... Sweet Springs, MO ...... 01/29/2003 01/28/2003 50,724 ...... Zimmerman Sign Company (Comp) ...... Longview, TX ...... 01/29/2003 01/28/2003 50,725 ...... Maxtor Corporation (Comp) ...... Shrewsbury, MA ...... 01/29/2003 01/06/2003 50,726 ...... Accuride International (Comp) ...... Santa Fe Spring, CA ...... 01/29/2003 01/29/2003 50,727 ...... United Defense (Comp) ...... York, PA ...... 01/29/2003 01/28/2003 50,728 ...... Delco Remy America, Inc. (UAW) ...... Anderson, IN ...... 01/29/2003 01/27/2003 50,729 ...... Rockshox, Inc. (Comp) ...... Colorado Spring, CO ...... 01/29/2003 01/24/2003 50,730 ...... PPG (Wkrs) ...... Troy, MI ...... 01/29/2003 01/23/2003 50,731 ...... Protectoseal Company (The) (IAMAW) ...... Bensenville, IL ...... 01/29/2003 01/27/2003 50,732 ...... Delphax Technologies, Inc. (Comp) ...... Minnetonka, MN ...... 01/29/2003 01/27/2003 50,733 ...... Nidec America Corporation (Comp) ...... Canton, MA ...... 01/30/2003 01/29/2003 50,734 ...... Genesis Designs (Comp) ...... Bend, OR ...... 01/30/2003 01/29/2003 50,735 ...... Kincaid Furniture Co., Inc. (Comp) ...... Lenoir, NC ...... 01/30/2003 01/27/2003 50,736 ...... Isola Laminate Systems (Comp) ...... LaCrosse, WI ...... 01/30/2003 01/27/2003 50,737 ...... Austin Powder Company (OR) ...... Bend, OR ...... 01/30/2003 01/29/2003 50,738 ...... Alcoa (Comp) ...... Massena, NY ...... 01/30/2003 01/17/2003 50,739 ...... Canron Construction Corporation (Wkrs) ...... Conlin, NY ...... 01/30/2003 01/29/2003 50,740 ...... Argus Services, Inc. (Comp) ...... Libby, MT ...... 01/30/2003 01/21/2003 50,741 ...... Consolidated Freightways, Inc. (MN) ...... Shoreview, MN ...... 01/30/2003 01/29/2003 50,742 ...... Tweel Home Furnishing (NJ) ...... Newark, NJ ...... 01/30/2003 01/24/2003 50,743 ...... Comp Air (Comp) ...... Sidney, OH ...... 01/30/2003 01/16/2003 50,744 ...... Warren Fabricating Corporation (Wkrs) ...... Niles, OH ...... 01/30/2003 01/28/2003 50,745 ...... Monaco Coach Corporation (OR) ...... Bend, OR ...... 01/30/2003 01/29/2003 50,746 ...... CSI Employment Services (IA) ...... Mt. Pleasant, IA ...... 01/30/2003 12/10/2002 50,747 ...... Temp Associates (IA) ...... Mt. Pleasant, IA ...... 01/30/2003 12/10/2002 50,748 ...... F/V Aldebaran (Comp) ...... Ketchikan, AK ...... 01/30/2003 01/28/2003 50,749 ...... Kimberly C. Peterson (Comp) ...... Kodiak, AK ...... 01/30/2003 01/24/2003 50,750 ...... F/V Roeboat (Comp) ...... Togiak, AK ...... 01/30/2003 01/23/2003 50,751 ...... F/V Anuskat (Comp) ...... Manokotak, AK ...... 01/30/2003 01/21/2003 50,752 ...... F/V Todd Andrew (Comp) ...... Togiak, AK ...... 01/30/2003 01/23/2003 50,753 ...... F/V Rainbow (Comp) ...... Manokotak, AK ...... 01/30/2003 01/21/2003 50,754 ...... F/V Areil Rochelle (Comp) ...... Manokotak, AK ...... 01/30/2003 01/21/2003 50,755 ...... F/V Centurion (Comp) ...... Manokotak, AK ...... 01/30/2003 01/21/2003 50,756 ...... F/V Camelot (Comp) ...... Togiak, AK ...... 01/30/2003 01/23/2003 50,757 ...... F/V Desiree Marie III (Comp) ...... Togiak, AK ...... 01/30/2003 01/23/2003 50,758 ...... F/V Maryna J. (Comp) ...... NakNek, AK ...... 01/30/2003 01/24/2003

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APPENDIX—Continued [Petitions Instituted Between 01/27/2003 and 01/31/2003]

Date of institu- Date of TA–W Subject Firm (petitioners) Location tion petition

50,759 ...... Cape Menemikof (Comp) ...... Dillingham, AK ...... 01/30/2003 01/27/2003 50,760 ...... Joseph Wassily (Comp) ...... Clark’s Point, AK ...... 01/30/2003 01/21/2003 50,761 ...... Nick J. Timurphy (Comp) ...... Dillingham, AK ...... 01/30/2003 01/27/2003 50,762 ...... Jerrold Wayne Braswell (Comp) ...... Dillingham, AK ...... 01/30/2003 01/27/2003 50,763 ...... Pfizer (CT) ...... Groton, CT ...... 01/31/2003 01/30/2003 50,764 ...... Permagrain Products, Inc. (Wkrs) ...... Karthaus, PA ...... 01/31/2003 01/30/2003 50,765 ...... Irving Forest Products (PACE) ...... Ashland, ME ...... 01/31/2003 01/30/2003 50,766 ...... Vishay Sprague Sanford (Comp) ...... Sanford, ME ...... 01/31/2003 01/30/2003 50,767 ...... Delta Airlines (Wkrs) ...... Atlanta, GA ...... 01/31/2003 01/31/2003 50,768 ...... F/V Maya Ann (Comp) ...... Anchorage, AK ...... 01/31/2003 01/23/2003 50,769 ...... Magic Fish Company (Comp) ...... False Pass, AK ...... 01/31/2003 01/29/2003

[FR Doc. 03–5411 Filed 3–6–03; 8:45 am] initiated on October 14, 2002 in Signed in Washington, DC this 13th day of BILLING CODE 4510–30–M response to a petition filed on behalf of February, 2003. workers at Eaton Corporation, Rochester Linda G. Poole, Hills, Michigan. Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. The petitioners have requested that [FR Doc. 03–5412 Filed 3–6–03; 8:45 am] Employment and Training the petition be withdrawn. BILLING CODE 4510–30–P Administration Consequently, the petition has been terminated. [TA–W–50,311] Signed at Washington, DC, this 13th day of DEPARTMENT OF LABOR Relizon, Newark, OH; Notice of February, 2003. Termination of Investigation Linda G. Poole, Employment Standards Administration Pursuant to section 221 of the Trade Certifying Officer, Division of Trade Proposed Collection; Comment Act of 1974, as amended, an Adjustment Assistance. Request investigation was initiated on December [FR Doc. 03–5413 Filed 3–6–03; 8:45 am] 12, 2002 in response to a worker BILLING CODE 4510–30–P ACTION: Notice. petition filed by a company official on SUMMARY: The Department of Labor, as behalf of workers at Relizon, Newark, part of its continuing effort to reduce Ohio. DEPARTMENT OF LABOR The petitioners have requested that paperwork and respondent burden, the petition be withdrawn. Employment and Training conducts a preclearance consultation Consequently, the investigation has Administration program to provide the general public been terminated. and Federal agencies with an opportunity to comment on proposed Signed at Washington, DC this 26th day of [NAFTA–7616] and/or continuing collections of February 2003. information in accordance with the Oneida Limited Silversmiths, Sherrill, Richard Church, Paperwork Reduction Act of 1995 NY; Notice of Termination of Certifying Officer, Division of Trade (PRA95) (44 U.S.C. 3506(c)(2)(A)). This Adjustment Assistance. Investigation program helps to ensure that requested [FR Doc. 03–5416 Filed 3–6–03; 8:45 am] data can be provided in the desired Pursuant to title V of the North BILLING CODE 4510–30–P format, reporting burden (time and American Free Trade Agreement financial resources) is minimized, Implementation Act (Pub. L. 103–182) collection instruments are clearly DEPARTMENT OF LABOR concerning transitional adjustment understood, and the impact of collection assistance, hereinafter called NAFTA– requirements on respondents can be Employment and Training TAA and in accordance with section properly assessed. Currently, the Administration 250(a), subchapter D, chapter 2, title II, Employment Standards Administration [NAFTA–7622] of the Trade Act of 1974, as amended is soliciting comments concerning the (19 U.S.C. 2331), an investigation was proposed collection: Economic Survey Eaton Corporation, Rochester Hills, MI; initiated on October 8, 2002, in response Schedule (WH–1). A copy of the Notice of Termination of Investigation to a petition filed on behalf of workers proposed information collection request Pursuant to Title V of the North at Oneida Limited Silversmiths, can be obtained by contacting the office American Free Trade Agreement Sherrill, New York. listed below in the addresses section of Implementation Act (Pub. L. 103–182) The petitioner has requested that the this Notice. concerning transitional adjustment petition be withdrawn. Consequently, DATES: Written comments must be assistance, hereinafter called NAFTA– further investigation in this case would submitted to the office listed in the TAA and in accordance with section serve no purpose, and the investigation addresses section below on or before 250(a), subchapter D, chapter 2, title II, has been terminated. May 6, 2003. of the Trade Act of 1974, as amended ADDRESSES: Ms. Hazel M. Bell, U.S. (19 U.S.C. 2331), an investigation was Department of Labor, 200 Constitution

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Ave., NW., Room S–3201, Washington, III. Current Actions requirements on respondents can be DC 20210, telephone (202) 693–0418, The Department of Labor seeks properly assessed. Currently, the fax (202) 693–1451, E-mail approval for the extension of this Employment Standards Administration [email protected]. Please use information collection in order to gather is soliciting comments concerning the only one method of transmission for information necessary to prepare the proposed collection: Wage Statement comments (mail, fax, or Email). required economic report to be used by (WH–501 (English) and WH–501S (Spanish)). A copy of the proposed SUPPLEMENTARY INFORMATION the committee to set industry wage rates in American Samoa. information collection request can be I. Background Type of Review: Extension. obtained by contacting the office listed Agency: Employment Standards below in the addresses section of this Sections 5, 6(a)(3) and 8 of the Fair Notice. Labor Standards Act (FLSA), Administration. administered by the Wage Hour Title: Economic Survey Schedule. DATES: Written comments must be Division, provide that covered, OMB Number: 1215–0028. submitted to the office listed in the nonexempt employees in American Agency Number: WH–1. addresses section below on or before Affected Public: Business or other for- Samoa may be paid a minimum wage May 6, 2003. profit and State, Local or Tribal rate established by a special industry ADDRESSES: Government. Ms. Hazel M. Bell, U.S. committee. The committee is to Total Respondents: 55. Department of Labor, 200 Constitution recommend to the Secretary of Labor the Total Responses: 55. Ave., NW., Room S–3201, Washington, highest minimum wage rate (not to Time per Response: 45 minutes. DC 20210, telephone (202) 693–0418, exceed the rate required under section Frequency: Biennially. fax (202) 693–1451, E-mail 6(a)(1) of the FLSA) that it will not Estimated Total Burden Hours: 41. [email protected]. Please use substantially curtail employment in the Total Burden Cost (capital/startup): only one method of transmission for industry and will not give any industry $0. comments (mail, fax, or E-mail). in American Samoa a competitive Total Burden Cost (operating/ SUPPLEMENTARY INFORMATION: advantage over any other industry in the maintenance): $0. United States outside of American Comments submitted in response to I. Background Samoa. The Secretary of Labor must this notice will be summarized and/or The Migrant and Seasonal submit to the industry committee included in the request for Office of Agricultural Worker Protection Act economic data to enable the committee Management and Budget approval of the (MSPA) and it regulations 29 CFR part to recommend the industry wage rates. information collection request; they will 500 requires that each Farm labor The Economic Survey Schedule (WH–1) also become a matter of public record. contractor, agricultural employer, and is a voluntary use form completed by agricultural association that employs employers in American Samoa to Dated: March 3, 2003. Sue Blumenthal, any migrant or seasonal worker, make, disclose certain economic data keep, and preserve itemized records for concerning their establishment. Acting Chief, Branch of Management Review and Internal Control, Division of Financial three years for each worker. These This information collection is Management, Office of Management, records include the basis on which currently approved for use through Administration and Planning, Employment earnings are paid, the number of piece August 31, 2003. Standards Administration. work units earned, if applicable, the II. Review Focus [FR Doc. 03–5409 Filed 3–6–03; 8:45 am] number of hours worked, the total pay BILLING CODE 4510–27–P period earnings, the specific sums The Department of Labor is withheld and the purpose of each sum particularly interested in comments withheld, and the net pay. It is also which: DEPARTMENT OF LABOR required that an itemized written • Evaluate whether the proposed statement of this information be Employment Standards Administration collection of information is necessary provided to each worker each pay for the proper performance of the period. The WH–501 (English) and WH– Proposed Collection; Comment 501S (Spanish) are optional forms functions of the agency, including Request whether the information will have which an employer may use for this purpose. This information collection is practical utility; ACTION: Notice. currently approved for use through • Evaluate the accuracy of the SUMMARY: The Department of Labor, as August 31, 2003. agency’s estimate of the burden of the part of its continuing effort to reduce proposed collection of information, II. Review Focus paperwork and respondent burden, including the validity of the conducts a preclearance consultation The Department of Labor is methodology and assumptions used; program to provide the general public particularly interested in comments • Enhance the quality, utility and and Federal agencies with an which: clarity of the information to be opportunity to comment on proposed • Evaluate whether the proposed collected; and and/or continuing collections of collection of information is necessary • Minimize the burden of the information in accordance with the for the proper performance of the collection of information on those who Paperwork Reduction Act of 1995 functions of the agency, including are to respond, including through the (PRA95) (44 U.S.C. 3506(c)(2)(A)). This whether the information will have use of appropriate automated, program helps to ensure that requested practical utility; electronic, mechanical, or other data can be provided in the desired • Evaluate the accuracy of the technological collection techniques or format, reporting burden (time and agency’s estimate of the burden of the other forms of information technology, financial resources) is minimized, proposed collection of information, e.g., permitting electronic submissions collection instruments are clearly including the validity of the of responses. understood, and the impact of collection methodology and assumptions used;

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• Enhance the quality, utility and DEPARTMENT OF LABOR in accordance with the provisions of 29 clarity of the information to be CFR Parts 1 and 5. Accordingly, the collected; and Employment Standards applicable decision, together with any Administration; Wage and Hour • Minimize the burden of the modifications issued, must be made a Division collection of information on those who part of every contract for performance of the described work within the are to respond, including through the Minimum Wages for Federal and geographic area indicated as required by use of appropriate automated, Federally Assisted Construction; an applicable Federal prevailing wage electronic, mechanical, or other General Wage Determination Decisions law and 29 CFR Part 5. The wage rates technological collection techniques or General wage determination decisions and fringe benefits, notice of which is other forms of information technology, published herein, and which are e.g., permitting electronic submissions of the Secretary of Labor are issued in accordance with applicable law and are contained in the Government Printing of responses. based on the information obtained by Office (GPO) document entitled III. Current Actions the Department of Labor from its study ‘‘General Wage Determinations Issued of local wage conditions and data made Under the Davis-Bacon and Related The Department of Labor seeks available from other sources. They Acts,’’ shall be the minimum paid by approval for the extension of this specify the basic hourly wage rates and contractors and subcontractors to information collection in order to carry fringe benefits which are determined to laborers and mechanics. out its responsibility to determine be prevailing for the described classes of Any person, organization, or compliance with applicable provisions laborers and mechanics employed on governmental agency having an interest of the Migrant and Seasonal construction projects of a similar in the rates determined as prevailing is Agricultural Worker Protection Act character and in the localities specified encouraged to submit wage rate and (MSPA). While use of the forms is therein. fringe benefit information for optional, disclosure and maintenance of The determinations in these decisions consideration by the Department. the information is required by MSPA. of prevailing rates and fringe benefits Further information and self- have been made in accordance with 29 explanatory forms for the purpose of Type of Review: Extension. CFR Part 1, by authority of the Secretary submitting this data may be obtained by Agency: Employment Standards of Labor pursuant to the provisions of writing to the U.S. Department of Labor, Administration. the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, Title: Wage Statement. as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution OMB Number: 1215–0148. statutes referred to in 29 CFR Part 1, Avenue, NW., Room S–3014, Agency Number: WH–501 (English) Appendix, as well as such additional Washington, DC 20210. and WH–501S (Spanish). statutes as may from time to time be Modification to General Wage Affected Public: Farms; Business or enacted containing provisions for the Determination Decisions other for-profit; Individuals or payment of wages determined to be The number of the decisions listed to households. prevailing by the Secretary of Labor in accordance with the Davis-Bacon Act. the Government Printing Office Total Respondents: 1.4 million. The prevailing rates and fringe benefits document entitled ‘‘General Wage Total Responses: 34 million. determined in these decisions shall, in Determinations Issued Under the Davis- Bacon and related Acts’’ being modified Time per Response: 1 minute. accordance with the provisions of the foregoing statutes, constitute the are listed by Volume and State. Dates of Frequency: Recordkeeping; Third minimum wages payable on Federal and publication in the Federal Register are party disclosure, Reporting on occasion. federally assisted construction projects in parentheses following the decisions Estimated Total Burden Hours: to laborers and mechanics of the being modified. 566,667. specified classes engaged on contract Volume I: Total Burden Cost (capital/startup): work of the character and in the Connecticut $0. localities described therein. CT020001 (Mar. 1, 2002) Good cause is hereby found for not CT020004 (Mar. 1, 2002) Total Burden Cost (operating/ utilizing notice and public comment CT020005 (Mar. 1, 2002) maintenance): $0. procedure thereon prior to the issuance Massachusetts Comments submitted in response to of these determinations as prescribed in MA020001 (Mar. 1, 2002) this notice will be summarized and/or 5 U.S.C. 553 and not providing for delay MA020002 (Mar. 1, 2002) included in the request for Office of in the effective date as prescribed in that MA020003 (Mar. 1, 2002) MA020005 (Mar. 1, 2002) Management and Budget approval of the section, because the necessity to issue MA020007 (Mar. 1, 2002) information collection request; they will current construction industry wage MA020012 (Mar. 1, 2002) also become a matter of public record. determinations frequently and in large MA020013 (Mar. 1, 2002) volume causes procedures to be MA020017 (Mar. 1, 2002) Dated: March 3, 2003. impractical and contrary to the public MA020018 (Mar. 1, 2002) Sue Blumenthal, interest. MA020019 (Mar. 1, 2002) Acting Chief, Branch of Management Review General wage determination MA020020 (Mar. 1, 2002) and Internal Control, Division of Financial decisions, and modifications and MA020021 (Mar. 1, 2002) Management, Office of Management, supersedeas decisions thereto, contain Maine ME020001 (Mar. 1, 2002) Administration and Planning, Employment no expiration dates and are effective Standards Administration. ME020002 (Mar. 1, 2002) from their date of notice in the Federal ME020005 (Mar. 1, 2002) [FR Doc. 03–5410 Filed 3–6–03; 8:45 am] Register, or on the date written notice New Jersey BILLING CODE 4510–27–P is received by the agency, whichever is NJ020002 (Mar. 1, 2002) earlier. These decisions are to be used NJ020003 (Mar. 1, 2002)

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NJ020005 (Mar. 1, 2002) Kansas publication is available at each of the 50 New York KS020002 (Mar. 1, 2002) Regional Government Depository NY020003 (Mar. 1, 2002) KS020007 (Mar. 1, 2002) Libraries and many of the 1,400 Rhode Island KS020008 (Mar. 1, 2002) Government Depository Libraries across RI020001 (Mar. 1, 2002) KS020013 (Mar. 1, 2002) Vermont KS020015 (Mar. 1, 2002) the country. VT020001 (Mar. 1, 2002) KS020017 (Mar. 1, 2002) General wage determinations issued VT020011 (Mar. 1, 2002) KS020018 (Mar. 1, 2002) under the Davis-Bacon and related Acts KS020019 (Mar. 1, 2002) are available electronically at no cost on Volume II KS020020 (Mar. 1, 2002) the Government Printed Office site at Virginia KS020021 (Mar. 1, 2002) http://www.access.gpo.gov/davisbacon. VA020018 (Mar. 1, 2002) KS020023 (Mar. 1, 2002) They are also available electronically by VA020025 (Mar. 1, 2002) KS020026 (Mar. 1, 2002) VA020026 (Mar. 1, 2002) subscription to the Davis-Bacon Online KS020028 (Mar. 1, 2002) Service (http:// VA020076 (Mar. 1, 2002) KS020029 (Mar. 1, 2002) VA020080 (Mar. 1, 2002) KS020035 (Mar. 1, 2002) davisbacon.fedworld.gov) of the VA020084 (Mar. 1, 2002) Texas National Technical Information Service (NTIS) of the U.S. Department of Volume III TX020010 (Mar. 1, 2002) Commerce at 1–800–363–2068. This Florida Volume VI subscription offers value-added features FL020017 (Mar. 1, 2002) Alaska such as electronic delivery of modified FL020045 (Mar. 1, 2002) AK020001 (Mar. 1, 2002) FL020103 (Mar. 1, 2002) wage decisions directly to the user’s Colorado desktop, the ability to access prior wage Georgia CO020002 (Mar. 1, 2002) GA020004 (Mar. 1, 2002) CO020003 (Mar. 1, 2002) decisions issued during the year, GA020036 (Mar. 1, 2002) CO020004 (Mar. 1, 2002) extensive Help desk Support, etc. GA020053 (Mar. 1, 2002) CO020005 (Mar. 1, 2002) Hard-copy subscriptions may be Kentucky CO020007 (Mar. 1, 2002) purchased from: Superintendent of KY020002 (Mar. 1, 2002) Idaho Documents, U.S. Government Printing KY020004 (Mar. 1, 2002) ID020001 (Mar. 1, 2002) Office, Washington, DC 20402, (202) KY020007 (Mar. 1, 2002) ID020002 (Mar. 1, 2002) KY020029 (Mar. 1, 2002) 512–1800. ID020013 (Mar. 1, 2002) When ordering hard-copy Mississippi ID020014 (Mar. 1, 2002) MS020055 (Mar. 1, 2002) subscription(s), be sure to specify the Oregon MS020056 (Mar. 1, 2002) OR020002 (Mar. 1, 2002) State(s) of interest, since subscriptions Volume IV Washington may be ordered for any or all of the six WA020001 (Mar. 1, 2002) separate Volumes, arranged by State. Illinois Subscriptions include an annual edition IL020010 (Mar. 1, 2002) WA020002 (Mar. 1, 2002) IL020002 (Mar. 1, 2002) WA020007 (Mar. 1, 2002) (issued in January or February) which IL020003 (Mar. 1, 2002) Wyoming includes all current general wage IL020004 (Mar. 1, 2002) WY020008 (Mar. 1, 2002) determinations for the States covered by IL020005 (Mar. 1, 2002) WY020009 (Mar. 1, 2002) each volume. Throughout the remainder IL020007 (Mar. 1, 2002) WY020023 (Mar. 1, 2002) of the year, regular weekly updates will IL020008 (Mar. 1, 2002) Volume VII be distributed to subscribers. IL020009 (Mar. 1, 2002) IL020011 (Mar. 1, 2002) California Signed at Washington, DC this 27 day of IL020012 (Mar. 1, 2002) CA020001 (Mar. 1, 2002) February 2003. IL020013 (Mar. 1, 2002) CA020002 (Mar. 1, 2002) Carl J. Poleskey, CA020004 (Mar. 1, 2002) IL020014 (Mar. 1, 2002) Chief, Branch of Construction Wage CA020009 (Mar. 1, 2002) IL020015 (Mar. 1, 2002) Determinations. CA020013 (Mar. 1, 2002) IL020016 (Mar. 1, 2002) [FR Doc. 03–5119 Filed 3–6–03; 8:45 am] IL020017 (Mar. 1, 2002) CA020019 (Mar. 1, 2002) IL020018 (Mar. 1, 2002) CA020023 (Mar. 1, 2002) BILLING CODE 4510–27–M IL020026 (Mar. 1, 2002) CA020025 (Mar. 1, 2002) IL020040 (Mar. 1, 2002) CA020027 (Mar. 1, 2002) IL020041 (Mar. 1, 2002) CA020028 (Mar. 1, 2002) IL020049 (Mar. 1, 2002) CA020029 (Mar. 1, 2002) NATIONAL SCIENCE FOUNDATION Indiana CA020030 (Mar. 1, 2002) IN020002 (Mar. 1, 2002) CA020031 (Mar. 1, 2002) Adivisory Committee for mathematical IN020004 (Mar. 1, 2002) CA020033 (Mar. 1, 2002) and Physical Sciences; Notice of IN020005 (Mar. 1, 2002) CA020035 (Mar. 1, 2002) Meeting IN020006 (Mar. 1, 2002) CA020036 (Mar. 1, 2002) IN020007 (Mar. 1, 2002) CA020037 (Mar. 1, 2002) In accordance with Federal Advisory Ohio Hawaii Committee Act (Pub. L. 92–463, as OH020002 (Mar. 1, 2002) HI020001 (Mar. 1, 2002) amended), the National Science OH020023 (Mar. 1, 2002) General Wage Determination Foundation announces the following OH020028 (Mar. 1, 2002) meeting: OH020029 (Mar. 1, 2002) Publication OH020037 (Mar. 1, 2002) General wage determination issued Name: Advisory Committee for under the Davis-Bacon and related Acts, Mathematical and Physical Sciences (66). Volume V Date/Time: April 3, 2003, 8 a.m.–6 p.m. Iowa including those noted above, may be April 4, 2004, 8 a.m.–3 p.m. IA020008 (Mar. 1, 2002) found in the Government Printing Office Place: National Science Foundation, 4201 IA020024 (Mar. 1, 2002) (GPO) document entitled ‘‘General Wage Wilson Boulevard, Arlington, VA 22230, IA020031 (Mar. 1, 2002) Determinations Issued Under the Davis- Room 1235. IA020037 (Mar. 1, 2002) Bacon And Related Acts’’. This Type of Meeting: Open.

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Contact Person: Dr. Morris L. Aizenman, loading and un-loading the cask are 1. Does the proposed change involve a Senior Science Associate, Directorate for required to be demonstrated by the user significant increase in the probability or Mathematical and Physical Sciences, Room prior to the first usage with spent fuel, consequences of an accident previously 1005, National Science Foundation, 4201 in accordance with the certificate of evaluated? Wilson Boulevard, Arlington, VA 22230. Response: No. (703) 292–8807. compliance for the new spent fuel The potential load carrying capability of Purpose of Meeting: To provide advice and storage cask system; (2) prior to the the new L–3 crane has been increased from recommendations concerning NSF science certificate-required demonstrations, 100 tons to 130 tons. The transporting of a and education activities within the detailed checkout of the equipment and spent fuel cask is the maximum load that the Directorate for Mathematical and Physical sufficient training, including on-the-job crane is designed to handle. The process for Sciences. use of the equipment, must occur to transporting of a cask is essentially Agenda: provide assurance of craft and unchanged from that previously performed. Briefing on current status of Directorate. supervisory proficiency; (3) there is Once a cask is loaded with spent fuel it is Update and Discussion of MPS Long-term insufficient space in the ANO–2 spent lifted from the cask loading pit, transported Planning Activities. to the hatch, and lowered to the railroad bay. Review by MPSAC of Committee of fuel pool and dry storage racks to store This arrangement is such that the cask is Visitors Report for The Division of all of the fuel required for the fall 2003 never carried over the spent fuel pool. The Physics. ANO–2 refueling outage, unless at least transport height of the cask has been Meeting of MPSAC with Divisions within one cask is loaded; (4) another cask increased to a minimum of 1.5 feet and the MPS Directorate. needs to be loaded prior to the refueling impact limiters used under the previous cask Summary Minutes: May be obtained from outage to avoid having to perform an in- transport process have been eliminated. the contact person listed above. core shuffle of control element Because the crane is single failure proof, a postulated cask drop is no longer a credible Dated: March 4, 2003. assemblies; and (5) the loading of one more cask (total of three) prior to the fall event; therefore, no [a]effects on plant Susanne E. Bolton, operation are anticipated to occur and the refueling outage, combined with storage structural integrity of the spent fuel cask will Committee Management Officer. spaces recovered as a result of [FR Doc. 03–5426 Filed 3–6–03; 8:45 am] not be impaired. installation of the new neutron poison The probability of a load drop is reduced BILLING CODE 7555–01–M panels, will ensure capability of full from that previously analyzed since the crane core discharge to the spent fuel pool is single failure proof and the likelihood of following the refueling outage. The a drop is no longer considered credible. If a NUCLEAR REGULATORY licensee provided a detailed timetable of portion of the L–3 lifting devices malfunction COMMISSION the above activities which demonstrates or fail, the crane system is designed such that the load will move a limited distance [Docket Nos. 50–313 and 50–368] over the next seven months the complexity involved with managing the downward prior to backup restraints becoming engaged. An increased minimum Entergy Operations, Inc.; Notice of spent fuel pool inventories. In addition, transport height (1.5 feet) is established to Consideration of Issuance of the licensee believes that the need to accommodate this design feature. [A single Amendment to Facility Operating optimize pool storage space, the malfunction or failure of a portion of the License, Proposed No Significant increased impact on the ANO–2 spent crane will prevent the load from being Hazards Consideration Determination, fuel pool activity management, and the dropped. This will allow additional and Opportunity for a Hearing possible constraints described above, restrictions such as impact limiters to be creates a significant plant cost and fuel removed. The radiological consequences will The U.S. Nuclear Regulatory control concern. Therefore, the licensee not be increased.] The impact on the spent Commission (NRC or the Commission) has requested the proposed amendment fuel contained in the cask has been analyzed is considering issuance of amendments be issued by March 31, 2003. under an assumed dropped cask event and to Renewed Facility Operating License Before issuance of the proposed has been determined to be within design basis limits. Heavy loads are restricted from (FOL) No. DPR–51 and FOL No. NPF– license amendment, the Commission 6, issued to Entergy Operations, Inc. (the being moved over the spent fuel pools in will have made findings required by the accordance with ANO technical licensee), for operation of Arkansas Atomic Energy Act of 1954, as amended specifications. Nuclear One (ANO), Units 1 and 2 (the Act) and the Commission’s Therefore, the proposed change does not (ANO–1 and ANO–2), respectively, regulations. involve a significant increase in the located in Pope County, Arkansas. Pursuant to 10 CFR 50.91(a)(6) for probability or consequences of an accident The proposed amendments would amendments to be granted under previously evaluated. allow the licensee to use the spent fuel exigent circumstances, the NRC staff 2. Does the proposed change create the crane (L–3 crane) to lift heavy loads in must determine that the amendment possibility of a new or different kind of excess of 100 tons. Specifically the request involves no significant hazards accident from any accident previously licensee is requesting approval to use consideration. Under the Commission’s evaluated? Response: No. the upgraded L–3 crane for loads up to regulations in 10 CFR 50.92, this means The ANO Safety Analysis Reports (SARs) a total of 130 tons. that operation of the facility in have previously analyzed the drop of a cask The amendment application was accordance with the proposed up to 100 tons. This was as a result of a submitted on an exigent basis because amendment would not (1) Involve a potential spent fuel cask drop event. The the need for a license amendment was significant increase in the probability or cask load has been increased to 130 tons identified as a result of recent consequences of an accident previously under the new single failure proof L–3 crane discussions between the licensee and evaluated; or (2) create the possibility of design for heavier casks being employed at NRC staff. The licensee had previously a new or different kind of accident from ANO. This increased load could provide a believed that prior NRC approval was any accident previously evaluated; or more severe impact on safety related not required to use the upgraded L–3 (3) involve a significant reduction in a equipment that exists in areas below the load path if a load drop event were to occur. crane for heavy loads in excess of 100 margin of safety. As required by 10 CFR However, to ensure that no safety related tons. Approval to use the upgraded L– 50.91(a), the licensee has provided its equipment or control rooms are impacted, 3 crane on an exigent basis is necessary analysis of the issue of no significant the construction of a single failure proof for several reasons, including: (1) hazards consideration, which is crane mitigates the potential for a more Numerous activities associated with presented below: severe consequence to that already analyzed

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in the ANO SARs, since a load drop event Register notice. Written comments may the proceeding; and (3) the possible is not considered credible. also be delivered to Room 6D59, Two effect of any order which may be Therefore, the proposed change does not White Flint North, 11545 Rockville entered in the proceeding on the create the possibility of a new or different Pike, Rockville, Maryland, from 7:30 petitioner’s interest. The petition should kind of accident from any previously evaluated. a.m. to 4:15 p.m. Federal workdays. also identify the specific aspect(s) of the 3. Does the proposed change involve a Documents may be examined, and/or subject matter of the proceeding as to significant reduction in a margin of safety? copied for a fee, at the NRC’s Public which petitioner wishes to intervene. Response: No. Document Room (PDR), located at One Any person who has filed a petition for The L–3 crane has been upgraded to White Flint North, Public File Area O1 leave to intervene or who has been comply with the single failure proof F21, 11555 Rockville Pike, Rockville, admitted as a party may amend the requirements of NUREG–0554, Single Failure Maryland. petition without requesting leave of the Proof Cranes for Nuclear Power Plants and The filing of requests for hearing and Board up to 15 days prior to the first Revision 3 of NRC approved Ederer Topical petitions for leave to intervene is prehearing conference scheduled in the Report EDR–1 dated October 8, 1982. To discussed below. proceeding, but such an amended comply with the requirements of the topical By April 7, 2003, the licensee may file report the crane was modified to provide petition must satisfy the specificity additional load carrying capability and a request for a hearing with respect to requirements described above. additional safety features to prevent a cask issuance of the amendments to the Not later than 15 days prior to the first drop event. The safety margins provided by subject FOLs and any person whose prehearing conference scheduled in the the new crane design have either remained interest may be affected by this proceeding, a petitioner shall file a the same or increased to ensure adequate proceeding and who wishes to supplement to the petition to intervene safety margin to prevent failure of the crane participate as a party in the proceeding which must include a list of the or any lifting devices associated with the must file a written request for a hearing contentions which are sought to be lifting of a spent fuel cask. and a petition for leave to intervene. litigated in the matter. Each contention Therefore, the proposed change does not Requests for a hearing and a petition for must consist of a specific statement of involve a significant reduction in a margin of leave to intervene shall be filed in the issue of law or fact to be raised or safety. accordance with the Commission’s controverted. In addition, the petitioner The NRC staff has reviewed the ‘‘Rules of Practice for Domestic shall provide a brief explanation of the licensee’s analysis and, based on this Licensing Proceedings’’ in 10 CFR part bases of the contention and a concise review, it appears that the three 2. Interested persons should consult a statement of the alleged facts or expert standards of 10 CFR 50.92(c) are current copy of 10 CFR 2.714,1 which is opinion which support the contention satisfied. Therefore, the NRC staff available at the Commission’s PDR, and on which the petitioner intends to proposes to determine that the located at One White Flint North, Public rely in proving the contention at the amendment request involves no File Area O1 F21, 11555 Rockville Pike, hearing. The petitioner must also significant hazards consideration. Rockville, Maryland, and available provide references to those specific The Commission is seeking public electronically on the Internet at the NRC sources and documents of which the comments on this proposed Web site http://www.nrc.gov/reading- petitioner is aware and on which the determination. Any comments received rm/doc-collections/cfr/. If a request for a petitioner intends to rely to establish within 14 days after the date of hearing or petition for leave to intervene those facts or expert opinion. Petitioner publication of this notice will be is filed by the above date, the must provide sufficient information to considered in making any final Commission or an Atomic Safety and show that a genuine dispute exists with determination. Licensing Board, designated by the the applicant on a material issue of law Normally, the Commission will not Commission or by the Chairman of the or fact. Contentions shall be limited to issue amendments until the expiration Atomic Safety and Licensing Board matters within the scope of the of the 14-day notice period. However, Panel, will rule on the request and/or amendment under consideration. The should circumstances change during the petition; and the Secretary or the contention must be one which, if notice period, such that failure to act in designated Atomic Safety and Licensing proven, would entitle the petitioner to a timely way would result, for example, Board will issue a notice of hearing or relief. A petitioner who fails to file such in derating or shutdown of the facility, an appropriate order. a supplement which satisfies these the Commission may issue the license As required by 10 CFR 2.714, a requirements with respect to at least one amendments before the expiration of the petition for leave to intervene shall set contention will not be permitted to 14-day notice period, provided that its forth with particularity the interest of participate as a party. final determination is that the the petitioner in the proceeding, and Those permitted to intervene become amendments involve no significant how that interest may be affected by the parties to the proceeding, subject to any hazards consideration. The final results of the proceeding. The petition limitations in the order granting leave to determination will consider all public should specifically explain the reasons intervene, and have the opportunity to and State comments received. Should why intervention should be permitted participate fully in the conduct of the the Commission take this action, it will with particular reference to the hearing, including the opportunity to publish in the Federal Register a notice following factors: (1) The nature of the present evidence and cross-examine of issuance. The Commission expects petitioner’s right under the Act to be witnesses. that the need to take this action will made a party to the proceeding; (2) the If the amendments are issued before occur very infrequently. nature and extent of the petitioner’s the expiration of the 30-day hearing Written comments may be submitted property, financial, or other interest in period, the Commission will make a by mail to the Chief, Rules and final determination on the issue of no Directives Branch, Division of 1 The most recent version of title 10 of the Code significant hazards consideration. If a Administrative Services, Office of of Federal Regulations, published January 1, 2002, hearing is requested, the final Administration, U.S. Nuclear Regulatory inadvertently omitted the last sentence of 10 CFR determination will serve to decide when 2.714(d) and subparagraphs (d)(1) and (2), regarding Commission, Washington, DC 20555– petitions to intervene and contentions. For the the hearing is held. 0001, and should cite the publication complete, corrected text of 10 CFR 2.714(d), please If the final determination is that the date and page number of this Federal see 67 FR 20885 published April 29, 2002.’’ amendment request involves no

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significant hazards consideration, the Access and Management System’s exposure were within the jurisdiction of Commission may issue the amendments (ADAMS) Public Electronic Reading the State of Maryland. and make them immediately effective, Room on the Internet at the NRC web Although this event occurred while notwithstanding the request for a site http://www.nrc.gov/reading-rm/ the radiographer was performing hearing. Any hearing held would take adams.html. Persons who do not have activities in an NRC Agreement State, place after issuance of the amendment. access to ADAMS or who encounter the same equipment was possessed and If the final determination is that the problems in accessing the documents used pursuant to an NRC license. amendment request involves a located in ADAMS, should contact the Therefore, NRC inspections were significant hazards consideration, any NRC PDR Reference staff by telephone conducted at the Licensee’s facilities in hearing held would take place before at 1–800–397–4209, 301–415–4737, or New Jersey during October 2001. the issuance of any amendments. by e-mail to [email protected]. Subsequent inspections were also A request for a hearing or a petition conducted in November 2001 and in for leave to intervene must be filed with Dated in Rockville, Maryland, this 28th day of February, 2003. May 2002. In addition, the NRC Office the Secretary of the Commission, U.S. of Investigations conducted an For the Nuclear Regulatory Commission. Nuclear Regulatory Commission, investigation, between October 31, 2001, Washington, DC 20555–0001, Attention: Thomas W. Alexion, and August 14, 2002, of the Licensee’s Rulemakings and Adjudications Staff, or Project Manager, Section 1, Project activities. Based on the inspection and may be delivered to the Commission’s Directorate IV, Division of Licensing Project investigation, the NRC has determined, PDR, located at One White Flint North, Management, Office of Nuclear Reactor among other things, that Mr. Hinman Regulation. Public File Area O1 F21, 11555 participated in the creation of false Rockville Pike, Rockville, Maryland, by [FR Doc. 03–5352 Filed 3–6–03; 8:45 am] records, allowed an uncertified the above date. Because of continuing BILLING CODE 7590–01–P radiographer to conduct radiography disruptions in delivery of mail to United without the presence of a certified States Government offices, it is radiographer, deliberately conducted NUCLEAR REGULATORY requested that petitions for leave to radiography at an unauthorized COMMISSION intervene and requests for hearing be location, and knowingly transported a transmitted to the Secretary of the radiography device without an end cap Commission either by means of [IA 02–049] cover. Specifically, Mr. Hinman: facsimile transmission to 301–415–1101 1. Participated in the creation of a or by e-mail to [email protected]. In the Matter of Mr. Donald Hinman; false radiographer annual refresher A copy of the request for hearing and Order Prohibiting Involvement in NRC- training examination, dated September petition for leave to intervene should Licensed Activities 1, 2001 (later changed to September 4, also be sent to the Office of the General I 2001). The examination, which was Counsel, U.S. Nuclear Regulatory required to be maintained in accordance Commission, Washington, DC 20555– Mr. Donald Hinman (Mr. Hinman) with 10 CFR 34.79, was inaccurate 0001, and because of continuing was formerly Operations Manager of because it was not completed by the disruptions in delivery of mail to United United Evaluation Services (UES) radiographer whose name was on the States Government offices, it is (Licensee), also previously known as examination and it was not completed requested that copies be transmitted Accurate Technologies Incorporated. on the date indicated on the either by means of facsimile UES was the holder of Byproduct examination. Mr. Hinman’s actions in transmission to 301–415–3725 or by e- Nuclear Material License No. 29–28358– causing this violation were deliberate mail to [email protected]. A copy 02 issued by the Nuclear Regulatory because he directed an individual to of the request for hearing and petition Commission (NRC or Commission) take the exam for the radiographer. Mr. for leave to intervene should also be pursuant to 10 CFR part 30. The license Hinman testified to the NRC, during an sent to Nicholas S. Reynolds, Esquire, authorized UES to possess and use enforcement conference conducted on Winston and Strawn, 1400 L Street, sealed sources for use in industrial November 19, 2002, that he asked an NW., Washington, DC 20005–3502, radiography and depleted uranium for assistant radiographer to take a refresher attorney for the licensee. shielding material. The license, which training examination for the Nontimely filings of petitions for was issued on November 16, 2001, was radiographer on or about October 9, leave to intervene, amended petitions, due to expire on November 30, 2011, 2001. In addition, that assistant supplemental petitions and/or requests but was subsequently terminated on radiographer testified to the NRC, for hearing will not be entertained January 6, 2003. during an enforcement conference absent a determination by the conducted on December 12, 2002, that II Commission, the presiding officer or the Mr. Hinman asked him to take the test presiding Atomic Safety and Licensing On September 25, 2001, an event for the radiographer on or about October Board that the petition and/or request occurred at the McShane facility in 9, 2001. should be granted based upon a Baltimore, Maryland, involving a 2. Deliberately conducted radiography balancing of the factors specified in 10 radiation injury to one of the Licensee’s at a non-licensed location (the licensee’s CFR 2.714(a)(1)(i)–(v) and 2.714(d). radiographers. This event was discussed facility located in Beachwood, New For further details with respect to this with the Licensee on October 4, 2001. Jersey) on at least one occasion (January action, see the application for During the discussions, the NRC learned 18, 2002). The licensee’s Beachwood amendment dated February 24, 2003, that the radiographer received a very facility was not an approved location to which is available for public inspection significant radiation exposure to his conduct radiography in accordance with at the Commission’s PDR, located at hands in excess of regulatory limits (at 10 CFR 34.41(b). Mr. Hinman admitted One White Flint North, Public File Area a minimum, approximately 250–300 to the NRC, during an enforcement O1 F21, 11555 Rockville Pike, rem) while performing radiography at conference conducted on November 19, Rockville, Maryland. Publicly available that facility. Since the facility was 2002, that he performed radiography at records will be accessible electronically located in Maryland, an NRC Agreement that non-licensed location in from the Agencywide Documents State, the activities related to that Beachwood, New Jersey, and that he

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knew at the time that he should not oversight, or supervision of NRC- writing to the Director, Office of have done the radiography at this licensed activities. Therefore, the NRC Enforcement, U.S. Nuclear Regulatory location because it was not a location has determined that the public health, Commission Washington, DC 20555, authorized for radiography on the NRC safety and interest require that Mr. and include a statement of good cause license. Hinman be prohibited from any for the extension. The answer may 3. Knowingly transported a management, oversight, or supervision consent to this Order. Unless the answer radiography camera from Tinton Falls, of persons involved in NRC-licensed consents to this Order, the answer shall, New Jersey, to Baltimore, Maryland, activities for a period of one year from in writing and under oath or without an end cap. The end cap is the date of this Order. If Mr. Hinman is affirmation, specifically admit or deny required during transport in accordance currently involved in the management, each allegation or charge made in this with 10 CFR 34.20(c)(3). Mr. Hinman oversight, or supervision of NRC- Order, and shall set forth the matters of admitted to the NRC, during interviews licensed activities at any NRC licensed fact and law on which Mr. Hinman or with OI, that he transported (and used) facility, Mr. Hinman must immediately other person adversely affected relies, the radiography camera during the week cease such activities, and inform the and the reasons as to why the Order of September 24–28, 2001, and at the NRC of the name, address and telephone should not have been issued. Any time, the camera did not have a required number of the employer, and provide a answer or request for a hearing shall be end cap in place, and he knew he could copy of this Order to the employer. submitted to the Secretary, U.S. Nuclear not use or transport the equipment Regulatory Commission, Attn: Chief, V without the end cap. Rulemakings and Adjudications Staff, Accordingly, pursuant to sections 81, III Washington, DC 20555. Copies also 161b, 161i, 161o, 182 and 186 of the shall be sent to the Director, Office of The NRC’s requirements in 10 CFR Atomic Energy Act of 1954, as amended, Enforcement, U.S. Nuclear Regulatory 30.10(a)(1) prohibit an individual from and the Commission’s regulations in 10 Commission, Washington, DC 20555, to engaging in deliberate misconduct that CFR 2.202, 10 CFR 30.10, and 10 CFR the Assistant General Counsel for causes or, but for detection, would have 150.20, it is hereby ordered that: Materials Litigation and Enforcement at caused, a licensee to be in violation of 1. Donald Hinman is prohibited from the same address, to the Regional any rule, regulation, or order, or any managing, overseeing, or supervising Administrator, NRC Region I, U.S. term, condition, or limitation of any NRC-licensed activities or individuals Nuclear Regulatory, 475 Allendale license, issued by the Commission. while they are engaged in licensed Road, King of Prussia, Pennsylvania Based on the above, the NRC has activities, including (but not limited to) 19406, and to Mr. Hinman if the answer concluded that Mr. Hinman, as the the duties of a Radiation Safety Officer, or hearing request is by a person other Operations Manager for the Licensee, for one (1) year effective from the than Mr. Hinman. Because of continuing violated 10 CFR 30.10. The violations issuance of this Order, except that Mr. disruptions in delivery of mail to United are significant because during the Hinman may supervise an assistant States Government offices, it is conduct of radiography, there is radiographer when acting as a requested that answers and requests for potential to cause serious harm or injury radiographer engaging in NRC licensed hearing be transmitted to the Secretary if unqualified persons are involved in activities. NRC-licensed activities are of the Commission either by means of the performance of radiography. those activities that are conducted facsimile transmission to 301–415–1101 IV pursuant to a specific or general license or by e-mail to [email protected] issued by the NRC, including, but not and also to the Assistant General The NRC must be able to rely on the limited to, those activities of Agreement Counsel either by means of facsimile Licensee, and Licensee employees, to State licensees conducted pursuant to transmission to 301–415–3725 or by e- comply with NRC requirements, the authority granted by 10 CFR 150.20. mail to [email protected]. If a including the requirement to maintain 2. If Donald Hinman is currently person other than Mr. Hinman requests information that is complete and involved in the management, oversight, a hearing, that person shall set forth accurate in all material respects. or supervision of NRC-licensed with particularity the manner in which Although the NRC has not found activities, Mr. Hinman must his interest is adversely affected by this evidence that Mr. Hinman, who was immediately cease such activities, and Order and shall address the criteria set also a radiographer, had deliberately inform the NRC of the name, address forth in 10 CFR 2.714(d).1 violated any requirements while and telephone number of the employer, If a hearing is requested by Mr. performing licensed activities as a and provide a copy of this Order to the Hinman or a person whose interest is radiographer, Mr. Hinman’s deliberate employer. adversely affected, the Commission will violation of Commission regulations as The Director, Office of Enforcement, issue an Order designating the time and the Operations Manager raises serious may, in writing, relax or rescind any of place of any hearing. If a hearing is held, questions as to whether he can be relied the above conditions upon the issue to be considered at such upon to manage, supervise, or oversee demonstration by Mr. Hinman of good hearing shall be whether this Order any licensed activities to assure cause. should be sustained. compliance with NRC requirements, VI In the absence of any request for including the requirement to maintain hearing, or written approval of an complete and accurate information. In accordance with 10 CFR 2.202, extension of time in which to request a Consequently, I lack the requisite Donald Hinman must, and any other hearing, the provisions specified in reasonable assurance that the person adversely affected by this Order Section V above shall be final twenty management, oversight, or supervision may, submit an answer to this Order, of licensed activities can be conducted and may request a hearing on this 1 The most recent version of title 10 of the Code in compliance with the Commission’s Order, within 20 days of the date of this of Federal Regulations, published January 1, 2002, requirements and that the health and Order. Where good cause is shown, inadvertently omitted the last sentence of 10 CFR 2.714(d) and paragraphs (d)(1) and (d)(2) regarding safety of the public would be protected consideration will be given to extending petitions to intervene and contentions. For the if Mr. Hinman were permitted at this the time to request a hearing. A request complete, corrected text of 10 CFR 2.714(d), please time to be involved in the management, for extension of time must be made in see 67 FR 20884; April 29, 2002.

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(20) days from the date of this Order Therefore, NRC inspections were 2. Created a Radiation Report, dated without further order or proceedings. If conducted at the Licensee’s facilities in September 9, 2001, which indicated that an extension of time for requesting a New Jersey during October 2001. Ms. Monro was the radiographer of hearing has been approved, the Subsequent inspections were also record when radiography was provisions specified in Section V shall conducted in November 2001 and in performed on that date in Linden, New be final when the extension expires if a May 2002. In addition, the NRC Office Jersey. The report, which was required hearing request has not been received. of Investigations conducted an to be maintained pursuant to 10 CFR For the Nuclear Regulatory Commission. investigation, between October 31, 2001, 34.71, was inaccurate in that the Dated this 28th day of February, 2003. and August 14, 2002, of the Licensee’s radiography was actually performed by another individual rather than Ms. Carl J. Paperiello, activities. Based on the inspection and investigation, the NRC has determined, Monro. Ms. Monro’s actions in creating Deputy Executive Director for Materials, this inaccurate report were deliberate in Research, and State Programs. among other things, that Ms. Monro deliberately backdated or created false that Ms. Monro testified to OI that she [FR Doc. 03–5487 Filed 3–6–03; 8:45 am] records of activities conducted at the was not working with the Licensee from BILLING CODE 7590–01–P facilities before the NRC inspection was late August 2001 until September 18, initiated in October 2001. Specifically, 2001, and therefore she could not have been performing radiography for the NUCLEAR REGULATORY Ms. Monro: licensee on September 9, 2001. Further, COMMISSION 1. Created a Radiation Report, dated September 8, 2001, which indicated that another licensee employee testified that [IA 02–048] Ms. Monro was the radiographer of he performed the radiography at that location on that date, and Ms. Monro In the Matter of Ms. Linda Monro; record when radiography was performed on that date in Paulsboro, was not present. The evidence also Order Prohibiting Involvement in NRC- shows she knew she had not performed Licensed Activities New Jersey. The report, which was required to be maintained pursuant to the work on that date when she created I 10 CFR 34.71, was inaccurate in that the the Radiation Report. radiography was actually performed by 3. Created a Quarterly Field Audit Ms. Linda Monro (Ms. Monro) was record, dated September 8, 2001, which formerly Assistant Radiation Safety another individual (who was not certified to perform radiography) rather indicated that Ms. Monro conducted an Officer (RSO) of United Evaluation audit of an assistant radiographer who than Ms. Monro. Ms. Monro’s actions in Services (UES) (Licensee), also was performing licensed activities at the creating this inaccurate report were previously known as Accurate Paulsboro site on September 8, 2001. deliberate in that Ms. Monro admitted, Technologies Incorporated. UES was the The record, which was required to be during an enforcement conference holder of Byproduct Nuclear Material maintained pursuant to 10 CFR 34.79, conducted on November 19, 2002, that License No. 29–28358–02 issued by the was inaccurate in that Ms. Monro was she was not at the Paulsboro site on that Nuclear Regulatory Commission (NRC not at the Paulsboro site on that date. date, and she knew, at the time she or Commission) pursuant to 10 CFR part Ms. Monro’s actions in creating this completed the inaccurate record, that 30. The license authorized UES to inaccurate record were deliberate in that she was not at the Paulsboro site on that possess and use sealed sources for use Ms. Monro admitted, during an in industrial radiography and depleted date; testimony of other licensee enforcement conference conducted on uranium for shielding material. The employees confirmed that Ms. Monro November 19, 2002, that she was not at license, which was issued on November did not perform radiography at the the Paulsboro site on that date, and she 16, 2001, was due to expire on Paulsboro site on that date; and Ms. knew at the time she completed the November 30, 2011, but was Monro testified to OI, during an record that she had not conducted the subsequently terminated on January 6, interview on April 11, 2002, that she audit. 2003. was not working with the Licensee from 4. Created a Radiation Monitoring late August 2001 until September 18, Equipment Quarterly Inspection, II 2001, and therefore she could not have Inventory and Assignment Log, dated On September 25, 2001, an event performed radiography for the Licensee September 10, 2001, which indicated occurred at the McShane facility in on September 8, 2001. that Ms. Monro completed a quarterly Baltimore, Maryland, involving a In addition, Ms. Monro created a Sign inspection of the licensee’s radiation radiation injury to one of the Licensee’s Out Log entry, dated September 8, 2001, monitoring equipment. The log, which radiographers. This event was discussed which indicated that Ms. Monro was the was required to be maintained pursuant with the Licensee on October 4, 2001. radiographer using the exposure device to 10 CFR 34.73, was inaccurate in that During the discussions, the NRC learned to perform radiography work on that Ms. Monro did not complete an that the radiographer received a very date. The Sign Out Log, which was inspection/inventory of the equipment significant radiation exposure to his required to be maintained pursuant to on that date. Ms. Monro’s actions in hands in excess of regulatory limits (at 10 CFR 34.85, was inaccurate in that the creating this inaccurate log were a minimum, approximately 250–300 radiography survey was not performed deliberate in that Ms. Monro admitted, rem) while performing radiography at by Ms. Monro. Ms. Monro’s actions in during an interview with the OI that facility. Since the facility was creating this inaccurate record were investigator on April 11, 2002, that she located in Maryland, an NRC Agreement deliberate in that Ms. Monro admitted, signed the Log (which indicated that she State, the activities related to that during an enforcement conference conducted the inspection/inventory) exposure were within the jurisdiction of conducted on November 19, 2002, that even though she believed that it was the State of Maryland. she created the Sign Out Log record to conducted by someone other than Although this event occurred while support that she had performed the herself; and Ms. Monro also testified to the radiographer was performing radiography on September 8, 2001, and OI, during that interview on April 11, activities in an NRC Agreement State, the evidence shows she knew she had 2002, that she was not working with the the same equipment was possessed and not performed the radiography on that Licensee from late August 2001 until used pursuant to an NRC license. date. September 18, 2001, and therefore she

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could not have conducted the V Regulatory Commission, Attn: Chief, inspection/inventory on September 10, Accordingly, pursuant to sections 81, Rulemakings and Adjudications Staff, 2001. 161b, 161i, 161o, 182 and 186 of the Washington, DC 20555. Copies also III Atomic Energy Act of 1954, as amended, shall be sent to the Director, Office of and the Commission’s regulations in 10 Enforcement, U.S. Nuclear Regulatory The NRC’s requirements in 10 CFR CFR 2.202, 10 CFR 30.10, and 10 CFR Commission, Washington, DC 20555, to 30.10(a)(1) prohibit an individual from 150.20, it is hereby ordered that: the Assistant General Counsel for engaging in deliberate misconduct that 1. Linda Monro is prohibited from Materials Litigation and Enforcement at causes or, but for detection, would have managing, supervising, or overseeing the same address, to the Regional caused, a licensee to be in violation of NRC-licensed activities or individuals Administrator, NRC Region I, U.S. any rule, regulation, or order, or any while they are engaged in licensed Nuclear Regulatory, 475 Allendale term, condition, or limitation of any activities, including (but not limited to) Road, King of Prussia, Pennsylvania license, issued by the Commission. the duties of a Radiation Safety Officer, 19406, and to Ms. Monro if the answer Based on the above, the NRC has for one (1) year effective from the or hearing request is by a person other concluded that Ms. Monro, as the issuance of this Order, except that Ms. than Ms. Monro. Because of continuing Assistant RSO of UES, violated 10 CFR Monro may supervise an assistant disruptions in delivery of mail to United 30.10. The violations are significant radiographer when acting as a States Government offices, it is because the potential exists to cause radiographer engaging in NRC licensed requested that answers and requests for serious harm or injury if unqualified activities. NRC-licensed activities are hearing be transmitted to the Secretary persons are involved in the performance those activities that are conducted of the Commission either by means of of radiography. pursuant to a specific or general license facsimile transmission to 301–415–1101 IV issued by the NRC, including, but not or by e-mail to [email protected] limited to, those activities of Agreement and also to the Assistant General The NRC must be able to rely on the State licensees conducted pursuant to Counsel either by means of facsimile Licensee, and Licensee employees, to the authority granted by 10 CFR 150.20. transmission to 301–415–3725 or by e- comply with NRC requirements, 2. If Linda Monro is currently mail to [email protected]. If a including the requirement to maintain involved in the management, person other than Ms. Monro requests a information that is complete and supervision, or oversight of NRC- hearing, that person shall set forth with accurate in all material respects. licensed activities, Ms. Monro must particularity the manner in which his Although the NRC has not found immediately cease such activities, and interest is adversely affected by this evidence that Ms. Monro, who was also inform the NRC of the name, address Order and shall address the criteria set a radiographer, had deliberately violated and telephone number of the employer, forth in 10 CFR 2.714(d).1 any requirements while performing and provide a copy of this Order to the licensed activities as a radiographer, Ms. If a hearing is requested by Ms. Monro employer. or a person whose interest is adversely Monro’s deliberate violation of The Director, Office of Enforcement, Commission regulations as the Assistant affected, the Commission will issue an may, in writing, relax or rescind any of Order designating the time and place of RSO raises serious questions as to the above conditions upon whether she can be relied upon to any hearing. If a hearing is held, the demonstration by Ms. Monro of good issue to be considered at such hearing manage, supervise, or oversee any cause. licensed activities to assure compliance shall be whether this Order should be with NRC requirements, including the VI sustained. requirement to maintain complete and In accordance with 10 CFR 2.202, In the absence of any request for accurate information. Linda Monro must, and any other hearing, or written approval of an Consequently, I lack the requisite person adversely affected by this Order extension of time in which to request a reasonable assurance that licensed may, submit an answer to this Order, hearing, the provisions specified in activities can be conducted in and may request a hearing on this Section V above shall be final 20 days compliance with the Commission’s Order, within 20 days of the date of this from the date of this Order without requirements and that the health and Order. Where good cause is shown, further Order or proceedings. If an safety of the public would be protected consideration will be given to extending extension of time for requesting a if Linda Monro were permitted at this the time to request a hearing. A request hearing has been approved, the time to be involved in the management, for extension of time must be made in provisions specified in Section V shall supervision, or oversight of NRC- writing to the Director, Office of be final when the extension expires if a licensed activities. Therefore, the NRC Enforcement, U.S. Nuclear Regulatory hearing request has not been received. has determined that the public health, Commission Washington, DC 20555, For the Nuclear Regulatory Commission. safety and interest require that Ms. and include a statement of good cause Monro be prohibited from any for the extension. The answer may Dated this 28th day of February, 2003. management, supervision, or oversight consent to this Order. Unless the answer Carl J. Paperiello, of persons involved in NRC-licensed consents to this Order, the answer shall, Deputy Executive Director for Materials, activities for a period of one year from in writing and under oath or Research, and State Programs. the date of this Order. If Ms. Monro is affirmation, specifically admit or deny [FR Doc. 03–5488 Filed 3–6–03; 8:45 am] currently involved in the management, each allegation or charge made in this BILLING CODE 7590–01–P supervision, or oversight of NRC- Order and shall set forth the matters of licensed activities at any NRC licensed fact and law on which Ms. Monro or 1 The most recent version of title 10 of the Code facility, Ms. Monro must immediately other person adversely affected relies of Federal Regulations, published January 1, 2002, cease such activities, and inform the and the reasons as to why the Order inadvertently omitted the last sentence of 10 CFR 2.714 (d) and paragraphs (d)(1) and (d)(2) regarding NRC of the name, address and telephone should not have been issued. Any petitions to intervene and contentions. For the number of the employer, and provide a answer or request for a hearing shall be complete, corrected text of 10 CFR 2.714 (d), please copy of this Order to the employer. submitted to the Secretary, U.S. Nuclear see 67 FR 20884; April 29, 2002.

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NUCLEAR REGULATORY For the Nuclear Regulatory Commission. expires 6/30/2003). The information COMMISSION Deirdre W. Spaulding, collection will further the goals of Project Manager, Section 1, Project Executive Order 12862, Setting [Docket No. 50–266 and 50–301] Directorate III, Division of Licensing Project Customer Service Standards, which Nuclear Management Company, LLC; Management, Office of Nuclear Reactor states the Federal Government must Regulation. Notice of Withdrawal of Application for seek to provide ‘‘the highest quality of Amendment to Facility Operating [FR Doc. 03–5351 Filed 3–6–03; 8:45 am] service delivered to customers by License BILLING CODE 7590–01–P private organizations providing a comparable or analogous service.’’ The U.S. Nuclear Regulatory The PBGC uses customer satisfaction Commission (the Commission) has PENSION BENEFIT GUARANTY focus groups and surveys to find out granted the request of the Nuclear CORPORATION about the needs and expectations of its Management Corporation, LLC (the customers and assess how well it is licensee), to withdraw its February 28, Proposed Submission of Information meeting those needs and expectations. 2002, application for proposed Collection for OMB Review; Comment By keeping these avenues of amendment to Facility Operating Request; Customer Satisfaction communication open, the PBGC can License No. No. DPR–24 and DPR–27 Surveys and Focus Groups continually improve service to its for the Point Beach Nuclear Plant, Units AGENCY: Pension Benefit Guaranty customers, including plan participants 1 and 2, located in Manitowoc County, Corporation. and beneficiaries, plan sponsors and Wisconsin. their affiliates, plan administrators, The proposed change would have ACTION: Notice of intention to request extension of OMB approval. pension practitioners, and others modified Technical Specification (TS) involved in the establishment, operation 1.1, ‘‘Definitions,’’ ‘‘CREFS Actuation SUMMARY: The Pension Benefit Guaranty and termination of plans covered by the Instrumentation,’’ TS 3.4.16, ‘‘RCS Corporation (‘‘PBGC’’) intends to PBGC’s insurance program. Because the Specific Activity,’’ TS 3.7.9, ‘‘CREFS,’’ request that the Office of Management areas of concern to the PBGC and its and TS 3.7.13, ‘‘Secondary Specific and Budget (‘‘OMB’’) extend its customers vary and may quickly change, Activity.’’ The proposed changed would approval of a collection of information it is important that the PBGC have the have also deleted TS 3.9.3, under the Paperwork Reduction Act. ability to evaluate customer concerns ‘‘Containment Penetrations.’’ The The purpose of the information quickly by developing new vehicles for accident source term used in the collection, which will be conducted gathering information under this generic selection of the design-basis offsite and through focus groups and surveys over approval. control room dose analysis would have a three-year period, is to help the PBGC been replaced by the implementation of Participation in the focus groups and assess the efficiency and effectiveness surveys will be voluntary. The PBGC an alternative source term. with which it serves its customers and The Commission had previously will consult with the Office of to design actions to address identified Management and Budget regarding each issued a notice of consideration of problems. This notice informs the issuance of amendment published in the specific information collection during public of the PBGC’s intent and solicits the approval period. Federal Register on April 15, 2002 (67 public comment on the collection of The PBGC estimates that the annual FR 18646). However, by letter dated information. January 24, 2003, the licensee withdrew burden for this collection of information the proposed change. DATES: Comments should be submitted will total 2,500 hours for 9,500 For further details with respect to this by May 6, 2003. respondents. action, see the application for ADDRESSES: Comments may be mailed to The PBGC is specifically seeking amendment dated February 28, 2002, the Office of the General Counsel, public comments to: Pension Benefit Guaranty Corporation, and the licensee’s letter dated January (1) Evaluate whether the proposed 1200 K Street, NW., Washington, DC 24, 2003, which withdrew the collection of information is necessary 20005–4026, or delivered to Suite 340 at application for license amendment. for the proper performance of the the above address. Documents may be examined, and/or functions of the agency, including copied for a fee, at the NRC’s Public FOR FURTHER INFORMATION CONTACT: whether the information will have Document Room (PDR), located at One Thomas H. Gabriel, Attorney, Office of practical utility; White Flint North, Public File Area O1 the General Counsel, Pension Benefit F21, 11555 Rockville Pike (first floor), Guaranty Corporation, 1200 K Street, (2) Evaluate the accuracy of the Rockville, Maryland. Publicly available NW., Washington, DC 20005–4026, 202– estimate of the burden of the proposed records will be accessible electronically 326–4024. (TTY/TDD users may call the collection of information, including the from the Agencywide Documents Federal relay service toll-free at 1–800– validity of the methodology and Access and Management Systems 877–8339 and ask to be connected to assumptions used; (ADAMS) Public Electronic Reading 202–326–4024.) (3) Enhance the quality, utility, and Room on the internet at the NRC Web SUPPLEMENTARY INFORMATION: An agency clarity of the information to be site, http://www.nrc.gov/reading-rm/ may not conduct or sponsor, and a collected; and adams/html. Persons who do not have person is not required to respond to a (4) Minimize the burden of the access to ADAMS or who encounter collection of information unless it collection of information on those who problems in accessing the documents displays a currently valid OMB control are to respond, including through the located in ADAMS, should contact the number. The PBGC intends to request use of appropriate automated, NRC PDR Reference staff by telephone that OMB extend its approval, for a electronic, mechanical, or other at 1–800–397–4209, or 301–415–4737 or three-year period, of a generic collection technological collection techniques or by email to [email protected]. of information consisting of customer other forms of information technology Dated in Rockville, Maryland, this 24th satisfaction focus groups and surveys e.g., permitting electronic submission of day of February, 2003. (OMB control number 1212–0053; responses.

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Issued at Washington, DC, this 3rd day of 10230, New Executive Office Building, Report 4 was a major initiative to March 2003. Washington, DC 20503. shorten the comparison process. One Stuart A. Sirkin, development was the implementation in Chuck Mierzwa, Director, Corporate Policy and Research 1990 of Amex’s Intra-Day Comparison Department, Pension Benefit Guaranty Clearance Officer. system (‘‘IDC’’).5 In 1990, Amex also Corporation. [FR Doc. 03–5434 Filed 3–6–03; 8:45 am] implemented Rule 719, Comparison of [FR Doc. 03–5516 Filed 3–6–03; 8:45 am] BILLING CODE 7905–01–M Exchange Transactions, which required BILLING CODE 7708–01–P that any transactions effected on Amex be compared or otherwise closed out by SECURITIES AND EXCHANGE Amex’s close of business on the COMMISSION business day following the day of the RAILROAD RETIREMENT BOARD contract.6 Amex adopted further rule [Release No. 34–47419; File No. SR–AMEX– changes in 1991 to formalize the Agency Forms Submitted for OMB 2002–36] operational procedures for full Review Self-Regulatory Organizations; implementation of Amex’s electronic equity trade comparison facility.7 SUMMARY: In accordance with the American Stock Exchange LLC; Order Granting Approval of a Proposed Rule Among the new rules adopted in 1991 Paperwork Reduction Act of 1995 (44 was Rule 731, Resolution of U.S.C. Chapter 35), the Railroad Change To Establish Resolution Times for Uncompared Transactions Uncompared Transactions, that Retirement Board (RRB) has submitted expressly required that member the following proposal(s) for the February 27, 2003. organizations resolve uncompared collection of information to the Office of trades no later than 3 p.m. on T+1 or Management and Budget for review and I. Introduction 3:30 p.m. on T+1 if an agent was approval. On April 22, 2002, American Stock involved. Summary of Proposal(s) Exchange LLC (‘‘Amex’’) filed with the Because of the inherent risks to the Securities and Exchange Commission settlement process from uncompared (1) Collection title: Gross Earnings (‘‘Commission’’) proposed rule change trades, Amex believes it should have the Report. File No. SR–AMEX–2002–36 pursuant flexibility to change the time periods for (2) Form(s) submitted: BA–11. to section 19(b)(1) of the Securities the resolution of DKs. For example, Exchange Act of 1934 (‘‘Act’’).1 Notice market conditions and systemic changes (3) OMB Number: 3220–0132. of the proposal was published in the may require Amex to implement (4) Expiration date of current OMB Federal Register on December 4, 2002.2 different cut-off time periods for the clearance: 04/30/2003. No comment letters were received. For resolution of DKs depending on the (5) Type of request: Revision of a the reasons discussed below, the particular product, such as stocks, currently approved collection. Commission is granting approval of the bonds, exchange-traded funds (‘‘ETFs’’), proposed rule change. or trust-issued receipts (‘‘TIRs’’). (6) Respondents: Business or other Accordingly Amex proposes to amend for-profit. II. Description Rule 731 to allow Amex to establish DK (7) Estimated annual number of The resolution of uncompared trades resolution time periods for equities, respondents: 516. (sometimes referred to as ‘‘DKs’’) has bond, ETFs, and TIRs as appropriate. (8) Total annual responses: 516. gone through substantial revision as the Specifically, the proposed rule change nature of trade comparison has changed. will amend Rule 731 by providing (9) Total annual reporting hours: 237. In 1966, standardized forms were Amex flexibility in determining (1) cut- (10) Collection description: Section adopted for the timely and efficient off times and dates for member 7(c)(2) of the Railroad Retirement Act resolution of DKs. The primary organizations to make any necessary requires a financial interchange between responsibility for DK resolution at that additions, deletions, or changes to their the OASDHI trust funds and the railroad time was entrusted to floor members.3 DK data and (2) cut-off times for retirement account. The collection In 1978, the time limit for replying to a resolution and acceptance of DKs obtains gross earnings of railway DK notice was set at 3:45 p.m. on trade remaining uncompared in the system. employees on a 1% basis. The date plus three business days (‘‘T+3’’) or information is used in determining the prior to 10 a.m. on trade date plus five 4 Commission, Division of Market Regulation, The amount which would place the OASDHI October 1987 Market Break (February 1988). business days (‘‘T+5’’) if a specialist or 5 Exchange Act Release No. 28069 (May 29, 1990), trust funds in the position they would independent member was involved. 55 FR 23324 (June 7, 1990), [SR–Amex–90–01] have been if railroad service had been Upon a change in the opening to 9:30 (order approving IDC for post-trade processing of covered by the Social Security and FIC a.m. in 1985, members were then transactions in equity securities). Acts. required to reply to a DK notice 6 Exchange Act Release No. 27851 (March 27, 1990), 55 FR 12759 (April 5, 1990), [SR–Amex–89– FOR FURTHER INFORMATION CONTACT: involving a specialist or independent 05] (order permanently approving rule requiring Copies of the forms and supporting member prior to 9:30 a.m. on T+5. regular way trades be compared or closed out by documents can be obtained from Chuck A result of, among other things, the close of business on T+1). In 1994, the Commission Commission’s 1987 Market Break approved Amex’s proposed rule change which Mierzwa, the agency clearance officer required trade date submission of comparison data. (312–751–3363). Exchange Act Release No. 34298 (July 1, 1994), 59 1 15 U.S.C. 78s(b)(1). FR 35397 (July 11, 1994), [SR–Amex–94–13]. Today Comments regarding the information 2 Securities Exchange Act Release No. 46916, Rule 719(a) requires members and member collection should be addressed to (November 26, 2002), 67 FR 72241 (December 4, organizations to submit comparison data to their Ronald J. Hodapp, Railroad Retirement 2002). clearing firm for any transaction executed on Amex Board, 844 North Rush Street, Chicago, 3 A separate rule for uncompared options trades, within two hours of the trade. Rule 970, was adopted when options commenced 7 Exchange Act Release No. 29157 (May 2, 1991), Illinois, 60611–2092 and to the OMB trading at the Amex in 1975. Rule 970 sets forth the 56 FR 21510 (May 9, 1991), [SR–Amex–90–16] Desk Officer for the RRB, at the Office procedures for settling uncompared options trades (order approving rule detailing mechanics of of Management and Budget, Room through the Rejected Option Transaction Notice. resolving uncompared equity trades through IDC).

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The proposed rule change also will SECURITIES AND EXCHANGE would allow the reporting and adopt Commentary .08 to Rule 731 that COMMISSION dissemination of information related to extends the applicability of the rule to exchange for physical trades effected by portfolio depositary receipts, index fund [Release No. 34–47420; File No. SR–NQLX– sophisticated and experienced 2003–04] shares, and TIRs orders to buy or sell a customers (i.e., ‘‘wholesale customers’’) security where the price is derivatively Self-Regulatory Organizations; Notice during hours other than trading hours based upon another security or index of of Filing and Immediate Effectiveness for the futures leg of the transaction on securities.8 The proposed Commentary of Proposed Rule Change by Nasdaq the next trading day. As for exchange for also provides that Amex may establish Liffe Markets, LLC, Relating to Revised physical trades effected for customers separate times to review and resolve Reporting Requirements for Exchange other than those meeting the definition DKs in these products. for Physical Trades of wholesale customers, there would be no change to the reporting requirements III. Discussion February 27, 2003. and those transactions would still need Section 6(b)(5) of the Act requires that Pursuant to section 19(b)(7) of the to be transacted during trading hours on the rules of an exchange are designed, Securities Exchange Act of 1934 the exchange and reported as soon as among other things, to foster (‘‘Act’’),1 and Rule 19b–7 under the practicable but not longer than 30 cooperation and coordination with Act,2 notice is hereby given that on minutes after the arranging of the persons engaged in regulating, clearing, February 11, 2003 Nasdaq Liffe Markets, transaction. Below is the text of the settling, processing information with LLC (‘‘NQLX’’) filed with the Securities proposed rule change. Proposed new respect to, and facilitating transactions and Exchange Commission (‘‘SEC’’ or language is italicized. Proposed in securities.9 The proposed rule change ‘‘Commission’’) the proposed rule deletions are in [brackets]. change described in Items I, II, and III permits Amex flexibility in establishing Rule 420 Exchange for Physical Trades time periods for resolution of DKs and below, which Items have been prepared extends the application of the rule to by NQLX. The Commission is * * * * * additional types of securities that publishing this notice to solicit (b) Information Recording, Submission, previously had not been covered by the comments on the proposed rule change and Dissemination rule. This flexibility should enable from interested persons. NQLX also Amex to address issues in its filed the proposed rule change with the (1) No change. comparison process that may arise from Commodity Futures Trading (2) As soon as practicable but no later market conditions or from various Commission (‘‘CFTC’’), together with than (i) 30 minutes after effecting an products trading on Amex. In so doing, written certifications on February 6, Exchange for Physical Trade during Amex should be able to improve its 2003 under Section 5c(c) of the trading hours on Market Days or (ii) 15 ability to resolve uncompared trades, Commodity Exchange Act 3 (‘‘CEA’’).4 minutes after the opening of trading for the Futures Leg on the first Market Day which in turn will improve the I. Self-Regulatory Organization’s clearance and settlement of securities after effecting an Off-Hours Exchange Description of the Proposed Rule for Physical Trade, the Member—when trading on Amex. For the reasons set Change forth above, the Commission believes the transaction is between a Member that the AMEX’s rule change is NQLX proposes to adopt a change to and a Customer—and the Member consistent with the exchange’s its Rule 420(b) relating to the reporting, selling the Futures Leg—when the obligations under the Act. submission, and dissemination of trade transaction is between two Members information concerning exchange for unless otherwise mutually agreed to by IV. Conclusion physical trades.5–7 The proposed change the two Members—must submit through the ATS the following information On the basis of the foregoing, the 1 15 U.S.C. 78s(b)(7). concerning the Exchange for Physical Commission finds that the proposed 2 17 CFR 240.19b–7. Trade: rule change is consistent with the 3 7 U.S.C. 7a–2(c). (i) to (xii) No change. requirements of the Act and in 4 Telephone conversation between Kathleen (xiii) quantity of the Related Physical, particular with the requirements of Hamm, Senior Vice President of Regulation and [and] section 6(b)(5) of the Act and the rules Compliance, NQLX, and Ian K. Patel, Attorney, Division of Market Regulation (‘‘Division’’), (xiv) to (xv) No change. and regulations thereunder. Commission on February 24, 2003. (3) No change. It Is Therefore Ordered, pursuant to 5–7 An exchange for physical trade occurs (4) After sending the confirmation for section 19(b)(2) of the Act, that the between two parties where the first party sells, and the Exchange for Physical [t]Trade, the second party buys, the related physical (e.g., the proposed rule change (File No. SR– common stock underlying a security futures NQLX will disseminate through the AMEX–2002–36) be and hereby is contract) while simultaneously the first party buys, ATS the following information: approved. and the second party sells, an appropriate number (i) to (vi) No change. of futures contracts, known as the ‘‘futures leg’’ of (5) to (7) No change. For the Commission by the Division the transaction. See NQLX Rule 420(a)(2). Exchange of Market Regulation, pursuant to for physical trades allow certainty of execution at * * * * * delegated authority.10 one place and in one transaction for the two parties to the transaction instead of requiring the parties to II. Self-Regulatory Organization’s Margaret H. McFarland, execute multiple transactions across several Statement of the Purpose of, and Deputy Secretary. exchanges, which inherently creates risk that one Statutory Basis for, the Proposed Rule market will move before the entire transaction can Change [FR Doc. 03–5422 Filed 3–6–03; 8:45 am] be executed. Generally, on futures exchanges, BILLING CODE 8010–01–P exchange for physical trades are negotiated and NQLX has prepared statements effected by parties outside the centralized market, concerning the purpose of, and basis for, and the exchange reports the futures leg as either 8 Orders to buy or sell an option will continue to transferred, newly created, or offset. Johnson and the proposed rule change, burdens on be covered by Rule 950(f) and the applicable Hazen, Commodities Regulation § 1.03[3] (3d ed. Commentary to Rule 950. 2002). The CEA and the regulations of the CFTC Commodity Exchange Act § 5(b)(3), 7 U.S.C. 7a–1 9 15 U.S.C. 78(f). both recognize exchange for physical trades as (2000) and CFTC Regulation § 1.38, 17 CFR 1.38; 10 17 CFR 200.30–3(a)(12). properly executed outside the centralized market. see Id.

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competition, and comments received definition of wholesale customers or III. Date of Effectiveness of the from members, participants, and others. effected for any customer during trading Proposed Rule Change and Timing for The text of these statements may be hours, there would be no change to the Commission Action examined at the places specified in Item reporting requirements and those IV below. These statements are set forth transactions would still need to be Concurrent with the filing of the in Sections A, B, and C below. transacted during trading hours on the proposed rule change with the SEC, exchange and reported as soon as NQLX has filed on February 6, 2003 a A. Self-Regulatory Organization’s practicable but not longer than 30 written certification with the CFTC Statement of the Purpose of, and minutes after the arranging of the 21 Statutory Basis for, the Proposed Rule under Section 5c(c) of the CEA and transaction. The remaining proposed 22 Change CFTC Regulation Part 40.6 in which changes to Rule 420(b) correct NQLX certifies that it believes that its 1. Purpose typographical errors. proposed changes to Rule 420 as well as Simultaneously with this filing, 2. Statutory Basis Rule 101(a)(79) comply with the CEA. Proposed changes to Rules 101(a)(79) NQLX submitted to and certified with NQLX files this proposed rule change and 420 are effective on February 7, the CFTC, proposed rule changes to pursuant to Section 19(b)(7) of the NQLX Rules 101(a)(79) and 420(a). Act.14 NQLX believes that the proposed 2003, the day after their filing with the These proposed changes would allow rule change is consistent with the CFTC. members and persons associated with requirements of the Commodity Futures Within 60 days of the date of members to effect exchange for physical Modernization Act of 2000,15 including effectiveness of the proposed rule trades for sophisticated and experienced the requirement that trading in a listed change, the Commission, after customers (known as ‘‘wholesale security futures contract is not readily consultation with the CFTC, may customers’’ 8) during hours other than susceptible to manipulation of its price summarily abrogate the proposed rule trading hours for the futures leg of the nor to causing or being used to transaction.9 NQLX states that its change and require that the proposed manipulate the price of the underlying rule change be refiled in accordance general rule provisions on exchange for security, options on the security, or physical trades (NQLX Rule 420(a)), as with the provisions of Section 19(b)(1) options on a group or index including of the Act.23 well as its proposed changes to those the security.16 NQLX further believes provisions and the related definition of that its proposed rule change complies IV. Solicitation of Comments wholesale customers (NQLX Rule with the requirements under Section 101(a)(79)), do not fall within the 6(h)(3) of the Act 17 and the criteria Interested persons are invited to categories of changes required to be under Section 2(a)(1)(D)(i) of the CEA,18 submit written data, views and submitted to the Commission for as modified by joint orders of the arguments concerning the foregoing, publication.10 However, to implement Commission and the CFTC. In addition, including whether the proposed rule the proposed changes to Rules NQLX believes that its proposed rule change conflicts with the Act. Persons 101(a)(79) and 420(a), NQLX proposes change is consistent with the provisions making written submissions should file adopting a change to its Rule 420(b) of Section 6 of the Act,19 in general, and nine copies of the submission with the relating to the reporting, submission, Section 6(b)(5) of the Act,20 in Secretary, Securities and Exchange and dissemination of trade information particular, which requires, among other Commission, 450 Fifth Street, NW., for exchange for physical trades.11–13 things, that the rules of an exchange be Washington, DC 20549–0609. The proposed rule change to NQLX designed to prevent fraudulent and Comments also may be submitted Rule 420(b) would require a member to manipulative acts and practices, to electronically to the following e-mail report trade information on exchange for facilitate transactions in securities and, address: [email protected]. Copies physical trades effected after the close of in general, to protect investors and the of the submission, all subsequent trading for wholesale customers within public interest. 15 minutes after the opening of trading amendments, all written statements on the next trading day. As for exchange B. Self-Regulatory Organization’s with respect to the proposed rule for physical trades effected for Statement on Burden on Competition change that are filed with the customers other than those meeting the NQLX does not believe that the Commission, and all written proposed rule change will result in any communications relating to the 8 NQLX Rule 101(a)(79), as amended would revise burden on competition that is not proposed rule change between the the definition of wholesale customer to require that necessary or appropriate in furtherance Commission and any person, other than a customer receive notification from a Member that the customer is not only qualified to participate in of the purposes of the Act. those that may be withheld from the block trades, but is also qualified to participate in C. Self-Regulatory Organization’s public in accordance with the exchange for physical trades at times other than Statement on Comments on the provisions of 5 U.S.C. 552, will be during trading hours on market days for the futures available for inspection and copying in leg. Proposed Rule Change Received From 9 The rules of other futures exchanges allow Members, Participants, or Others the Commission’s Public Reference exchange for physical trades to be effected after the Room. Copies of these filings also will close of trading and reported shortly after opening NQLX neither solicited nor received be available for inspection and copying of trading the following trading day. See e.g., New written comment on the proposed rule at the principal office of NQLX. All York Futures Exchange Rule 303(e)(5)(iii)(2); Coffee, change. Sugar & Cocoa Exchange Rule 3.06(e)(iii)(2). submissions should refer to File No. 10 15 U.S.C. 78s(7)(A). SR–NQLX–2003–04 and should be 14 15 U.S.C. 78s(b)(7). 11–13 NQLX previously submitted its Rule 420(b) 15 Public Law 106–554, 114 Stat. 2763 (2000). submitted by March 28, 2003. to the Commission for publication as part of its 16 See Section 6(h)(3)(H) of the Act, 5 U.S.C. rules related to the establishment of audit trails 78f(h)(3)(H). necessary or appropriate to facilitate coordinated 17 15 U.S.C. 78f(h)(3). market surveillance. Securities Exchange Act 21 Release No. 46774, (November 5, 2002) 67 FR 18 7 U.S.C. 2(a)(1)(D)(i). 7 U.S.C. 7a–2(c). 68895, 68897 (November 13, 2002); see also 15 19 15 U.S.C. 78f. 22 17 CFR 38.4. U.S.C. 78f(h)(3)(J). 20 15 U.S.C. 78f(b)(5). 23 15 U.S.C. 78s(b)(1).

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For the Commission, by the Division of from the specialist’s bid or offer by more organizations can be disciplined Market Regulation, pursuant to delegated than the ‘‘step up parameter.’’ 5 appropriately in those instances when a 24 authority. Currently, engagement and rule violation is minor in nature, but a Margaret H. McFarland, disengagement of the NBBO Feature is sanction more serious than an Deputy Secretary. governed solely by Phlx Rule 1080(c)(i), admonition letter is appropriate. [FR Doc. 03–5425 Filed 3–6–03; 8:45 am] and violations are referred to the Additionally, the Commission finds that BILLING CODE 8010–01–P Business Conduct Committee (‘‘BCC’’). the proposed rule change is consistent The Exchange proposed to amend with the requirements of sections OFPA A–13 to restate from Phlx Rule 6(b)(7)11 and 6(d)(1)12 of the Act. SECURITIES AND EXCHANGE 1080(c)(i) the conditions for using the Section 6(b)(7) requires the rules of an COMMISSION NBBO Feature, including the requirement to obtain approval to exchange to be in accordance with the [Release No. 34–47417; File No. SR–Phlx– provisions of section 6(d) of the Act, 2002–61] disengage the NBBO Feature, and to include a fine schedule for failure to and, in general, to provide a fair procedure for the disciplining of Self-Regulatory Organizations; Order obtain such approval. Specifically, the Approving Proposed Rule Change and proposed fine schedule is as follows: members and persons associated with Amendment No. 1 Thereto by the First occurrence, $250; second members. Section 6(d)(1) requires an Philadelphia Stock Exchange, Inc. To occurrence, $500; third occurrence, exchange to bring specific charges, Amend Options Floor Procedure $1,000; fourth occurrence and notify such member or person of, and Advice A–13 To Include Violations for thereafter, sanction discretionary with give him an opportunity to defend Failure To Obtain Approval To the BCC. The proposed fine schedule against, such charges, and keep a record, Disengage the NBBO Feature in the would be implemented on a one-year in any proceeding to determine whether Exchange’s Minor Rule Plan running basis. The BCC also would have a member or person associated with a discretion concerning sanctions for any member should be disciplined. Finally, February 27, 2003. violations should they be deemed the Commission finds the proposal is On October 4, 2002, the Philadelphia egregious by the Exchange’s consistent with Rule 19d–1(c)(2) under Stock Exchange, Inc. (‘‘Phlx’’ or Enforcement Department and referred the Act,13 which governs minor rule ‘‘Exchange’’) filed with the Securities directly to the BCC pursuant to violations plans. and Exchange Commission Exchange Rule 960.2. (‘‘Commission’’), pursuant to section On November 7, 2002, the Exchange In approving this proposal, the 19(b)(1) of the Securities Exchange Act submitted Amendment No. 1 to the Commission in no way minimizes the of 1934 (‘‘Act’’),1 and Rule 19b–4 proposed rule change.6 The proposed importance of compliance with these thereunder,2 a proposed rule change to rule change, as amended, was published rules, and all other rules subject to the amend Phlx Option Floor Procedure in the Federal Register on January 22, imposition of fines under the Advice (‘‘OFPA’’) A–13, Auto Execution 2003.7 The Commission did not receive Exchange’s Minor Rule Plan. The Engagement/Disengagement any comment letters on the proposed Commission believes that the violation Responsibility, to include in the rule change. This order approves the of any self-regulatory organization’s Exchange’s minor rule violation proposed rule change, as amended. rules, as well as Commission rules, is a enforcement and reporting plan (‘‘Minor The Commission has carefully serious matter. However, in an effort to Rule Plan’’) 3 violations for failure to reviewed the proposal and finds that the provide the Exchange with greater obtain the necessary approvals prior to proposed rule change, as amended, is flexibility in addressing certain consistent with the requirements of the disengagement of the National Best Bid/ violations, the Exchange’s Minor Rule Act and the rules and regulations Best Offer (‘‘NBBO’’) Feature of the Plan provides a reasonable means to Exchange’s Automated Options Market thereunder applicable to a national 8 address rule violations that do not rise 4 securities exchange and, in particular, System (‘‘AUTOM’’). The Exchange’s to the level of requiring formal NBBO Feature automatically executes the requirements of section 6 of the 9 disciplinary proceedings. The orders at the NBBO for certain options Act and the rules and regulations thereunder. The Commission finds Commission expects that the Phlx will designated by the Phlx’s Options continue to conduct surveillance with Committee as eligible for the NBBO specifically that the proposed rule due diligence, and make a Feature (‘‘automatic step-up options’’), change is consistent with section 6(b)(6) 10 determination based on its findings provided that the NBBO does not differ of the Act in that it provides a procedure whereby member whether fines of more or less than the 24 17 CFR 200.30–3(a)(75). recommended amount are appropriate 1 15 U.S.C. 78s(b)(1). 5 For a complete description of the NBBO Feature, for violations of rules under the 2 17 CFR 240.19b–4. see Securities Exchange Act Release No. 43684 Exchange’s Minor Rule Plan, on a case (December 6, 2000), 65 FR 78237 (December 14, 3 The Exchange’s Minor Rule Plan, codified in 2000) (order partially approving SR–Phlx–00–93). by case basis, or if a violation requires Exchange Rule 970, includes Floor Procedure 6 formal disciplinary action. Advices with accompanying fine schedules. See letter from Rick Rudolph, Director and Counsel, Phlx, to Jennifer Lewis, Commission, 4 AUTOM is the Exchange’s electronic order It is therefore ordered, pursuant to dated November 6, 2002 (‘‘Amendment No. 1’’). In delivery, routing, execution and reporting system, 14 Amendment No. 1, Phlx fixed nonsubstantive section 19(b)(2) of the Act, that the which provides for the automatic entry and routing typographical errors in its rule text, and added a of equity option and index option orders to the proposed rule change (SR–Phlx–2002– cross-reference to Phlx Rule 960.2 in the purpose Exchange trading floor. Orders delivered through 61), as amended, is approved. section of its proposal. AUTOM may be executed manually, or certain 7 orders are eligible for AUTOM’s automatic See Securities Exchange Act Release No. 47166 execution feature, AUTO–X. Equity option and (January 10, 2003), 68 FR 3077. index option specialists are required by the 8 In approving this proposed rule change, the Commission notes that it has considered its impact Exchange to participate in AUTOM and its features 11 15 U.S.C. 78f(b)(7). and enhancements. Option orders entered by on efficiency, competition, and capital formation. 12 15 U.S.C. 78f(d)(1). Exchange members into AUTOM are routed to the 15 U.S.C. 78c(f). appropriate specialist unit on the Exchange trading 9 15 U.S.C. 78f. 13 17 CFR 240. 19d–1(c)(2). floor. 10 15 U.S.C. 78f(b)(6). 14 15 U.S.C. 78s(b)(2).

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For the Commission by the Division of February 1, 2003, through April 30, flow program are being made at this Market Regulation, pursuant to delegated 2003. The rate levels have remained time. authority.15 unchanged: the top-ranked option is 2. Statutory Basis Margaret H. McFarland, charged a fee of $1.00 per contract, the Deputy Secretary. next 49 options are charged a fee of The Phlx believes that its proposal to [FR Doc. 03–5423 Filed 3–6–03; 8:45 am] $0.50 per contract, and the fee for the amend its schedule of dues, fees and BILLING CODE 8010–01–P remaining options in the top 120 is set charges is consistent with section 6(b) of at $0.00. the Act 6 and in particular furthers the 7 The Phlx’s ROT Equity Option objectives of section 6(b)(4) of the Act SECURITIES AND EXCHANGE Payment for Order Flow Charges in that it is an equitable allocation of COMMISSION Schedule is available at the Phlx and at reasonable fees among Phlx members. [Release No. 34–47424; File No. SR–Phlx– the Commission. B. Self-Regulatory Organization’s 2003–04] II. Self-Regulatory Organization’s Statement on Burden on Competition Statement of the Purpose of, and The Phlx does not believe that the Self-Regulatory Organizations; Notice Statutory Basis for, the Proposed Rule proposed rule change will impose any of Filing and Immediate Effectiveness Change inappropriate burden on competition. of Proposed Rule Change by the Philadelphia Stock Exchange, Inc. In its filing with the Commission, the C. Self-Regulatory Organization’s Relating to the Payment for Order Flow Phlx included statements concerning Statement on Comments on the Fees for the Top 120 Options the purpose of and basis for the Proposed Rule Change Received From proposed rule change and discussed any Members, Participants, or Others February 28, 2003. comments it had received on the The Phlx neither solicited or received Pursuant to section 19(b)(1) of the proposed rule change. The text of these written comments with respect to the Securities Exchange Act of 1934 statements may be examined at the 1 2 proposed rule change. (‘‘Act’’) , and rule 19b–4 thereunder, places specified in item IV below. The notice is hereby given that on January Phlx has prepared summaries, set forth III. Date of Effectiveness of the 28, 2003, the Philadelphia Stock in sections A, B, and C below, of the Proposed Rule Change and Timing for Exchange, Inc. (‘‘Phlx’’) filed with the most significant aspects of such Commission Action Securities and Exchange Commission statements. The foregoing proposed rule change the proposed rule change as described has been designated as a fee change in items I, II, and III below, which the A. Self-Regulatory Organization’s pursuant to section 19(b)(3)(A)(ii) of the Phlx has prepared. The Commission is Statement of the Purpose of, and Act 8 and rule 19b–4(f)(2) thereunder.9 publishing this notice to solicit Statutory Basis for, the Proposed Rule Accordingly, the proposal will take comments on the proposed rule change Change effect upon filing with the Commission. from interested persons. The Phlx recently filed with the At any time within 60 days after the I. Self-Regulatory Organization’s Commission to reinstate its payment for filing of the proposed rule change, the Statement of the Terms of Substance of order flow program.4 Pursuant to the Commission may summarily abrogate the Proposed Rule Change Phlx’s current program, Phlx ROTs are the rule change if it appears to the assessed a payment for order flow fee on Commission that the action is necessary The Phlx proposes to establish its the top 120 most actively traded equity or appropriate in the public interest, for options payment for order flow fees options, on a per-contract, per-options the protection of investors, or otherwise imposed on the transactions of Phlx issue basis, as set forth on Phlx’s ROT in furtherance of the purposes of the Registered Options Traders (‘‘ROTs’’) for Equity Option Payment for Order Flow Act. the period from February through April Charges Schedule, subject to certain IV. Solicitation of Comments 2003, for the top 120 options based on exceptions.5 volume statistics from October, Interested persons are invited to November, and December 2002,3 as set 1. Purpose submit written data, views and forth on the ROT Equity Option arguments concerning the foregoing, The purpose of the proposed rule Payment for Order Flow Charges including whether the proposed rule change is to establish the payment for Schedule. The Phlx intends to change is consistent with the Act. order flow fees for trades settling on or implement the fees for trades settling on Persons making written submissions after February 1, 2003, through April 30, should file six copies thereof with the 2003, for the applicable top 120 options. 15 17 CFR 200.30–3(a)(12). Secretary, Securities and Exchange The Phlx will file with the Commission 1 15 U.S.C. 78s(b)(1). Commission, 450 Fifth Street, NW., 2 17 CFR 240.19b–4. a proposed rule change to address Washington, DC 20549–0609. Copies of 3 The Phlx’s payment for order flow fee is changes to the Phlx’s fee schedule for the submission, all subsequent assessed on ROTs on the top 120 most actively subsequent time periods. No other amendments, all written statements traded equity options in terms of the total number changes to the Phlx’s payment for order of contracts that are traded nationally, based on with respect to the proposed rule volume statistics provided by the Options Clearing change that are filed with the Corporation. The measuring periods for the top 120 4 See Securities Exchange Act Release No. 47090 Commission, and all written options are calculated every three months. For (December 23, 2002), 68 FR 141 (January 2, 2003) communications relating to the example, for the period from February through (SR–Phlx–2002–75). April 2003, the measuring period for the top 120 5 The payment for order flow fee does not apply proposed rule change between the options is based on volume statistics from October, to transactions between: (1) A ROT and a specialist; Commission and any person, other than November and December 2002. For the period from (2) a ROT and a ROT; (3) a ROT and a firm; and those that may be withheld from the May through July 2003, the measuring period for (4) a ROT and a broker-dealer. Indeed, because the the top 120 options will be based on volume primary focus of the program is to attract order flow 6 statistics from January, February and March 2003. from customers, the payment for order flow fee is 15 U.S.C. 78f(b). This cycle is scheduled to continue every three not imposed on the above-specified transactions. 7 15 U.S.C. 78f(b)(4). months, with a separate proposed rule change filed Also, the payment for order flow fee does not apply 8 15 U.S.C. 78(s)(b)(3)(A)(ii). for each three-month period. to index or foreign currency options. 9 17 CFR 240.19b–4(f)(2).

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public in accordance with the of May each year pursuant to 28 U.S.C. SUPPLEMENTARY INFORMATION: Since the provisions of 5 U.S.C. 552, will be 994(p). Additional information beginning of drug testing, the DOT has available for inspection and copying in pertaining to the proposed amendments sought ways to reduce the significant the Commission’s Public Reference for the amendment cycle ending May 1, amount of paper documentation Room. Copies of the filing will also be 2003, may be accessed through the generated for the forensic accountability available for inspection and copying at Commission’s Web site at http:// of drug test results. We are now in an the principal office of the Phlx. All www.ussc.gov. era of various electronic capabilities that submissions should refer to File No. Authority: 28 U.S.C. 994(x); USSC Rules of can further reduce the paper work SR–Phlx–2003–04 and should be Practice and Procedure 3.4, 4.4, 4.5. burden. The transportation industry is submitted by March 28, 2003. asking us to move more in that For the Commission, by the Division Diana E. Murphy, direction. We want to accommodate this of Market Regulation, pursuant to Chair. request, but we want to make sure that delegated authority.10 [FR Doc. 03–5430 Filed 3–6–03; 8:45 am] the integrity and confidentiality BILLING CODE 2211–01–P requirements of the program are Margaret H. McFarland, maintained. Deputy Secretary. The Department made modest [FR Doc. 03–5424 Filed 3–6–03; 8:45 am] DEPARTMENT OF TRANSPORTATION changes when 49 CFR Part 40 was BILLING CODE 8010–01–P updated and republished on April 19, Office of the Secretary 2000. We permitted greater use of faxes and scanned computer images for UNITED STATES SENTENCING [Docket OST–02–12148] reporting test results. Additionally, for COMMISSION negative test results we permitted Electronic Transmission and Storage laboratories to send electronic reports to Sentencing Guidelines for United of Drug Testing Information Federal MROs, provided the laboratory and States Courts Advisory Committee; Meeting MRO ensured that the information is accurate and can be transmitted in such AGENCY: United States Sentencing AGENCY: Office of the Secretary, Commission. Department of Transportation. a manner as to prevent unauthorized access or release while it is transmitted ACTION: ACTION Notice of public hearing. : Notice of Federal Advisory or stored. Committee meeting. SUMMARY: The Commission has The Department believes that the increased use of electronic reporting is scheduled a public hearing on its SUMMARY: Pursuant to the Federal proposed amendments for the Advisory Committee Act (Pub. L. 92– both inevitable and beneficial. At the same time, we want to make sure that amendment cycle ending May 1, 2003. 463, 86 Stat. 770) notice is hereby given there are good, consistent minimum Witnesses will be invited to testify by that the Department of Transportation standards for the use of this technology, the Commission on issues specified by (DOT) Electronic Transmission and in order to protect the important the Commission prior to the hearing. Storage of Drug Testing Information integrity and confidentiality Tentative topics include Federal Advisory Committee will meet requirements of the program. For these implementation of the Sarbanes-Oxley for the second time in a public session reasons, DOT established the Electronic Act of 2002, Pub. L. 107–204, and on April 7–8, 2003, at the Embassy Transmission and Storage of Drug changes to § 2A1.4 (Involuntary Suites Hotel, Crystal City—National Testing Information Federal Advisory Manslaughter). Further information Airport, 1300 Jefferson Davis Highway, Committee. The purpose of the regarding the public hearing will be Arlington, VA 22202, (703) 979–9799, provided by the Commission on its Web Committee is to recommend regulatory FAX: (703) 892–8121. The purpose of modifications it deems necessary if Part site at http://www.ussc.gov. the Committee is to recommend to the 40 is to accommodate newer electronic DATES: The Commission has scheduled Department the type and level of technology. The Committee will assess a public hearing for March 25, 2003, at electronic security that should be used the current status of electronic security 3:15 p.m., at the Thurgood Marshall for the transmission and storage of drug technology and will make Federal Judiciary Building, One testing information, to assess the type of recommendations about consistent Columbus Circle, NE., Washington, DC format and methodology that would be minimum standards for its use in the 20002–8002. appropriate, and to recommend the transmission and storage of drug testing FOR FURTHER INFORMATION CONTACT: level and type of electronic signature results. Additionally, the Committee Michael Courlander, Public Affairs technology that would support the will examine the formats and Officer, Telephone: (202) 502–4500. procedures used in the DOT drug and methodologies used in transmitting SUPPLEMENTARY INFORMATION: The alcohol program. The Committee held electronic information, as well as the United States Sentencing Commission is its first meeting on June 18–19, 2002 in concept, parameters, and procedures an independent agency in the judicial Washington, DC. A list of the committee used in implementing electronic branch of the United States members and a copy of the first signature technology within the frame Government. The Commission meeting’s transcripts are available in the work of the DOT drug and alcohol promulgates sentencing guidelines and docket posted on the Internet at testing program. The Committee will policy statements for federal sentencing http://dms.dot.gov/search/; the docket advise DOT regarding these findings. courts pursuant to 28 U.S.C. 994(a). The number is 12148. The Department anticipates that, Commission also periodically reviews FOR FURTHER INFORMATION CONTACT: Don following the receipt of the Committee’s and revises previously promulgated Shatinsky or Minnie McDonald, Office final recommendations, DOT will guidelines pursuant to 28 U.S.C. 994(o) of Drug and Alcohol Policy and propose changes to Part 40 through a and submits guideline amendments to Compliance (ODAPC), Office of the notice of proposed rulemaking that will the Congress not later than the first day Secretary, Department of Transportation result in minimum standards for at voice (202) 366–3784, fax (202) 366– security in transmission and storage of 10 17 CFR 200.30–3(a)(12). 3897. drug testing information and would

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result in a more widespread use of Persons wishing their comments to be City—National Airport, 1300 Jefferson electronic technology in the program. acknowledged should enclose a Davis Highway, Arlington, VA 22202, The Committee held its first public stamped, self-addressed postcard with (703) 979–9799, FAX: (703) 892–8121. meeting on June 18–19, 2002 in their comments. The docket clerk will The hotel is close to the Pentagon City Washington, DC. The first meeting was date stamp the postcard and return it to and Crystal City METRO stops and can used to introduce the Committee the sender. For the convenience of be reached via the blue or yellow lines. Members, review the purpose of the persons wishing to review the docket, it Attendees, other than Committee Committee, and to review some of the is requested that paper comments be members, who need lodging may obtain issues that the Committee needs to sent in triplicate in an unbound format, a discounted room rate directly from the address as part of the process to develop no larger than 81⁄2 by 11 inches, suitable hotel by referring to the ‘‘DOT Federal appropriate recommendations to the for copying and electronic filing. Advisory Committee’’ meeting. The DOT. Presentations from the major Comments may be reviewed at the hotel reservation telephone number is sections of interested stake holders were above address from 9 a.m. through 5 (800) 362–2779. A limited number of conducted by Committee members, p.m. Monday through Friday. rooms will be available at the invited guests, and by the general Commenters may also submit their discounted rate and reservations must public. A complete transcription of all comments electronically. Instructions be made by March 14, 2003. discussions during the two days is for electronic submission may be found available at the above-cited internet web Dated: March 4, 2003. at the following Web address: http:// Kenneth C. Edgell, site. Additionally, three sub-committees dms.dot.gov/submit/. The public may composed of Committee members were Acting Director, Office of Drug and Alcohol also review docket comments Policy and Compliance, Department of established to research, develop, and electronically (docket number is 12148). provide information to the whole Transportation. The following web address provides [FR Doc. 03–5626 Filed 3–5–03; 2:09 pm] Committee at its next meeting. These instructions and access to the DOT BILLING CODE 4910–62–M sub-committees addressed the following electronic docket: http://dms.dot.gov/ three areas: 1. Format of electronic search/. Please use only one method for reports; 2. security of electronic submission of your comments. Please do DEPARTMENT OF TRANSPORTATION transmission and digital signatures; and not send duplicates by submitting a 3. storage security of electronic written and an electronic version. Federal Aviation Administration information. This second meeting will There will be a time allocated for the focus on specific findings, issues, and public to speak on any of the above [Summary Notice No. PE–2003–07] recommendations of the sub-committees agenda items. Please make your request related to these three areas. Opportunity Petitions for Exemption; Summary of for the opportunity to make a public Petitions Received will be available for the general public comment in writing to Minnie to also make comments related to the McDonald, ODAPC, at (202) 366–3784, AGENCY: Federal Aviation information presented by the committee FAX (202) 366–3897, or e-mail address: Administration (FAA), DOT. members. [email protected]/ two ACTION: Notice of petitions for Tentative agenda: Monday, April 7, weeks prior to the meeting. Your 2003, 8:30 a.m.–12 p.m.: General exemption received. notification should contain your name presentations by the sub-committee and corporate designation, consumer SUMMARY: Pursuant to FAA’s rulemaking chairpersons, 12 p.m.–1:15 p.m.: Lunch, affiliation, or government designation. provisions governing the application, 1:15 p.m.–3:30 p.m.: Continued Please include your address, telephone processing, and disposition of petitions presentations, 3:30 p.m.–5 p.m.: Public number and e-mail in case there is for exemption part 11 of Title 14, Code Comments or Presentations, 5 p.m.: End reason to contact you regarding your of Federal Regulations (14 CFR), this of First Day. Tuesday, April 9, 2003, presentation. Those wanting to make a notice contains a summary of certain 8:30 a.m.–12 p.m.: Discussion of verbal statement should also include a petitions seeking relief from specified Options and Future Committee Actions, short statement describing the topic to requirements of 14 CFR, dispositions of 12 p.m.: Closing Comments, 2 p.m.: End be addressed. Requestors will ordinarily certain petitions previously received, of Meeting. A final agenda will be and corrections. The purpose of this available to the public prior to the be allowed up to 10 minutes to present a topic, however, the time may be notice is to improve the public’s beginning of the meeting. awareness of, and participation in, this The meeting will be open to the limited depending on the number of requestors. If you have submitted a aspect of FAA’s regulatory activities. public on a first-come first-seated basis. Neither publication of this notice nor Anyone needing special written statement to the docket, there is no need to subsequently duplicate this the inclusion or omission of information accommodations for persons with in the summary is intended to affect the disabilities, please notify Minnie information by an oral presentation. The Committee meeting will be legal status of any petition or its final McDonald at (202) 366–3784 at least disposition. two weeks prior to the meeting. recorded and transcribed. Within a short Members of the public wishing to file time after the meeting, copies of the DATES: Comments on petitions received a written statement with the DOT transcripts will be available on the DOT must identify the petition docket Electronic Transmission and Storage of electronic docket. number involved and must be received Drug Testing Information Federal DATES AND TIME: The Electronic on or before March 27, 2003. Advisory Committee may do so by Transmission and Storage of Drug ADDRESSES: Send comments on any submitting comments by mail or by Testing Information Federal Advisory petition to the Docket Management delivering them to the Docket Clerk, Committee will meet in open session on System, U.S. Department of Attn: Docket No. OST–02–12148, April 7, 2003, from 8:30 a.m. to 5 p.m. Transportation, Room Plaza 401, 400 Department of Transportation, 400 7th and on April 8, 2003, from 8:30 a.m. to Seventh Street, SW., Washington, DC Street, SW., Room PL401, Washington, 2 p.m. 20590–0001. You must identify the DC, 20590. Comments may also be faxed ADDRESSES: The meeting will take place docket number FAA–2000–XXXX at the to the Docket Clerk at (202) 493–2251. at the Embassy Suites Hotel, Crystal beginning of your comments. If you

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wish to receive confirmation that FAA The purpose of this notice is to improve RTCA Special Committee 194: Air received your comments, include a self- the public’s awareness of, and Traffic Management (ATM) Data Link addressed, stamped postcard. participation in, this aspect of FAA’s Implementation. You may also submit comments regulatory activities. Neither publication through the Internet to http:// of this notice nor the inclusion or DATES: The meeting will be held March dms.dot.gov. You may review the public omission of information in the summary 25–27, 2003, starting at 12 p.m. docket containing the petition, any is intended to affect the legal status of ADDRESSES: The meeting will be held at comments received, and any final any petition or its final disposition. RTCA, Inc., 1828 L Street, NW., Suite disposition in person in the Dockets FOR FURTHER INFORMATION CONTACT: 805, Washington, DC 20036. Office between 9 a.m. and 5 p.m., Mike Brown, Office of Rulemaking Monday through Friday, except Federal (ARM–1), Federal Aviation FOR FURTHER INFORMATION CONTACT: holidays. The Dockets Office (telephone Administration, 800 Independence RTCA Secretariat, 1828 L Street, NW., 1–800–647–5527) is on the plaza level Avenue, SW., Washington, DC 20591. Washington, DC 20036; telephone (202) of the NASSIF Building at the Tel. (202) 267–7653. 833–9339; fax (202) 833–9434; Web site Department of Transportation at the This notice is published pursuant to http://www.rtca.org. above address. Also, you may review 14 CFR §§ 11.85 and 11.91. SUPPLEMENTARY INFORMATION: Pursuant public dockets on the Internet at Issued in Washington, DC on March 4, to section 10(a)(2) of the Federal http://dms.dot.gov. 2003. Advisory Committee Act (Pub. L. 92– FOR FURTHER INFORMATION CONTACT: Richard D. McCurdy, 463, 5 U.S.C., Appendix 2), notice is Denise Emrick (202) 267–5174, Office of Acting Assistant Chief Counsel for hereby given for a Special Committee Rulemaking (ARM–1), Federal Aviation Regulations. 194 meeting. The agenda will include: Administration, 800 Independence • Avenue, SW., Washington, DC 20591. Dispositions of Petitions March 25: This notice is published pursuant to Docket No.: FAA–2002–13892. • Opening Plenary Session (Welcome 14 CFR 11.85 and 11.91. Petitioner: JAMCO America, Inc. and Introductory Remarks, Review Section of 14 CFR Affected: Issued in Washington, DC on March 4, Agenda, Review/Approve Minutes 14 CFR 21.325(b)(3). of Previous Meeting, Working 2003. Description of Relief Sought/ Richard D. McCurdy, Group Reports) Disposition: • Acting Assistant Chief Counsel for To permit JAMCO to issue export Status of Controller-Pilot Data Link Regulations. airworthiness approvals for Class II and Communication (CPDLC) Program • Petitions for Exemption Class III products manufactured and Status of changes to the SC–194 located at JAMCO’s facilities in Tokyo, Terms of Reference Docket No.: FAA–2003–14563. Japan. • Working Group (WG)–1, Plans and Petitioner: AirTran Airways, Inc. Grant, 1/03/2003, Exemption No. Section of 14 CFR Affected: 14 CFR Principles document for final 7549A. review and comment (FRAC) status 93.123. Docket No.: FAA–2000–8286. Description of Relief Sought: To and comment resolution Petitioner: Raytheon Aircraft • permit AirTran Airways to operate Company. WG reports certain slots at Ronald Reagan National Section of 14 CFR Affected: • Other Business Airport (DCA), authorized by exemption 14 CFR 21.325(b)(3). • only, that are currently utilized by Description of Relief Sought/ March 26: America West Airlines, which has Disposition: • Working Group Meetings as announced that it is eliminating its To permit Raytheon to obtain scheduled by WG Leaders DCA/Columbus, Ohio service. airworthiness approval tags for its • March 27: [FR Doc. 03–5453 Filed 3–6–03; 8:45 am] Hawker model parts under 21.21 and 21.203, and export those Class II and • Closing Plenary Session (Review BILLING CODE 4910–13–P Class III parts located at certain facilities Agenda, Working Group Reports, outside of the United States. Other Business, Date and Place of DEPARTMENT OF TRANSPORTATION Grant, 1/03/2003, Exemption No. Next Meeting) 6720C. Attendance is open to the interested Federal Aviation Administration [FR Doc. 03–5454 Filed 3–6–03; 8:45 am] public but limited to space availability. [Summary Notice No. PE–2003–08] BILLING CODE 4910–13–P With the approval of the chairmen, members of the public may present oral Petitions for Exemption; Dispositions statements at the meeting. Persons of Petitions Issued DEPARTMENT OF TRANSPORTATION wishing to present statement or obtain information should contact the person AGENCY: Federal Aviation Federal Aviation Administration listed in the FOR FURTHER INFORMATION Administration (FAA), DOT. RTCA Special Committee 194: Air CONTACT section. Members of the pubic ACTION: Notice of dispositions of prior Traffic Management (ATM) Data Link may present a written statement to the petitions. Implementation committee at any time. Issued in Washington, DC, on February 20, SUMMARY: Pursuant to FAA’s rulemaking AGENCY: Federal Aviation 2003. provisions governing the application, Administration (FAA), DOT. Janice L. Peters, processing, and disposition of petitions ACTION: Notice of RTCA Special for exemption part 11 of Title 14, Code Committee 194 meeting. FAA Special Assistant, RTCA Advisory of Federal Regulations (14 CFR), this Committee. notice contains the dispositions of SUMMARY: The FAA is issuing this notice [FR Doc. 03–5456 Filed 3–6–03; 8:45 am] certain petitions previously received. to advise the public of a meeting of BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on February 20, • March 20 2003. • Closing Plenary Session (Debrief of Federal Aviation Administration Janice L. Peters, Subgroup Meetings, New/ FAA Special Assistant, RTCA Advisory Unfinished Business, Date and RTCA Special Committee 197: Committee. Place of Next Meeting) Rechargeable and Starting Batteries [FR Doc. 03–5457 Filed 3–6–03; 8:45 am] Attendance is open to the interested BILLING CODE 4910–13–M AGENCY: Federal Aviation public but limited to space availability. Administration (FAA), DOT. With the approval of the chairmen, members of the public may present oral ACTION: Notice of RTCA Special DEPARTMENT OF TRANSPORTATION statements at the meeting. Persons Committee 197 meeting. Federal Aviation Administration wishing to present statements or obtain information should contact the person SUMMARY: The FAA is issuing this notice listed in the FOR FURTHER INFORMATION to advise the public of a meeting of RTCA Special Committee 135/ EUROCAE Working Group 14: CONTACT section. Members of the public RTCA Special Committee 197: may present a written statement to the Rechargeable and Starting Batteries. Environmental Conditions and Test Procedures for Airborne Equipment committee at any time. DATES: The meeting will be held March Issued in Washington, DC, on February 20, 18–20, 2003, starting at 9 am. AGENCY: Federal Aviation 2003. Administration (FAA), DOT. ADDRESSES: The meeting will be held at Janice L. Peters, ACTION: Notice of RTCA Special RTCA, Inc., 1828 L Street, NW., Suite FAA Special Assistant, RTCA Advisory Committee 135/EUROCAE Working 805, Washington, DC, 20036. Committee. Group 14 meeting. [FR Doc. 03–5458 Filed 3–6–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., SUMMARY: The FAA is issuing this notice BILLING CODE 4910–13–M Washington, DC, 20036; telephone (202) to advise the public of a meeting of RTCA Special Committee 135: 833–9339; fax (202) 833–9434; Web site DEPARTMENT OF TRANSPORTATION http://www.rtca.org. Environmental Conditions and Test Procedures for Airborne Equipment. SUPPLEMENTARY INFORMATION: Pursuant Federal Aviation Administration DATES: The meeting will be held March to section 10(a)(2) of the Federal 18–20, 2003 starting at 10 a.m. Notice of Intent To Rule on Application Advisory Committee Act (Pub. L. 92– To Impose and Use the Revenue From 463, 5 U.S.C., Appendix 2), notice is ADDRESSES: The meeting will be held at a Passenger Facility Charge (PFC) at hereby given for a Special Committee EUROCAE, 17, Rue Hamelin, Cedix 15, Long Beach Municipal Airport 197 meeting. The agenda will include: Paris, France 75116. (Daugherty Field), Long Beach, CA FOR FURTHER INFORMATION CONTACT: (1) • March 18 RTCA Secretariat, 1828 L Street, NW., AGENCY: Federal Aviation • Opening Session (Welcome and Suite 805, Washington, DC 20036; Administration (FAA), DOT. Introductory Remarks, Review of telephone (202) 833–9339; fax (202) ACTION: Notice of intent to rule on Agenda) 833–9434; Web site http://www.rtca.org, application. • Examine Milestones/Identify Goals/ (2) Francis Grmal, at EUROCAE in Paris; Develop Work Program/What is Tel: 33–1–45–05–7188. SUMMARY: The FAA proposes to rule and Minimum Operational Performance SUPPLEMENTARY INFORMATION: Pursuant invites public comment on the Standards (MOPS) and Who Uses It? to section 10(a)(2) of the Federal application to impose and use the • Review of Submitted comments Advisory Committee Act (Pub. L. 92– revenue from a PFC at Long Beach • Review SC–197 MOPS Draft 463, 5 U.S.C., Appendix 2), notice is Municipal Airport (Daugherty Field) hereby given for a Special Committee under the provisions of the Aviation • March 19 135 meeting. The agenda will include: Safety and Capacity Expansion Act of • Continuation of Review of SC–197 • March 18 1990 (title IX of the Omnibus Budget MOPS Draft • Opening Plenary Session (Welcome Reconciliation Act of 1990) (Pub. L. • March 20 and Introductory Remarks, 101–508) and part 158 of the Federal Aviation Regulations (14 CFR part 158). • Proposed Schedule for Subsequent Recognize Federal Representative, Meetings Approve Minutes of Previous DATES: Comments must be received on Meeting) or before April 7, 2003. • Other Business • Appointment of the Function of • ADDRESSES: Comments on this Closing Session (Establish Agenda WG–14 Security application may be mailed or delivered for Next Meeting, Date and Place of • Recall of the ED–14/DO–160 in triplicate to the FAA at the following Next Meeting) Update Process address: Federal Aviation Attendance is open to the interested • Status of the Update Proposals. Administration, Airports Division, public but limited to space availability. Particular Cases—IMA, EED’s and 15000 Aviation Blvd., Room 3024, With the approval of the chairmen, PED’s Lawndale, CA 90261. In addition, one members of the public may present oral • Subgroup Meetings (Address copy of any comments submitted to the statements at the meeting. Persons General Issues and Table of FAA must be mailed or delivered to Mr. wishing to present statements or obtain Proposed Changes, Identify Edward Shikada, Director of Public information should contact the person Associated Tasks and Planning) Works at the following address, City of listed in the FOR FURTHER INFORMATION • SG–1: Climatic and Mechanic Long Beach, 333 West Ocean Blvd., CONTACT section. Members of the public • SG–2: Electric and Electromagnetic Long Beach, CA 90802. Air carriers and may present a written statement to the • March 19 foreign air carriers may submit copies of committee at any time. • Continue Subgroup Meetings written comments previously provided

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to the City of Long Beach under § 158.23 DEPARTMENT OF TRANSPORTATION was substantially complete within the of part 158. requirements of § 158.25 of part 158. FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration The FAA will approve or disapprove the Ruben Cabalbag, Airports Program application, in whole or in part, no later Notice of Intent To Rule on Application than May 21, 2003. Engineer, Airports Division, Federal To Impose and Use the Revenue From Aviation Administration, 15000 The following is a brief overview of a Passenger Facility Charge (PFC) at the impose and use application No. 03– Aviation Blvd., Room 3024, Lawndale, Arcata/Eureka Airport, Eureka, CA CA 90261, Telephone (310) 725–3630. 06–C–00–ACV: The application may be reviewed in AGENCY: Federal Aviation Level of proposed PFC: $4.50. person at this same location. Administration (FAA), DOT. Proposed charge effective date: July 1, 2003. SUPPLEMENTARY INFORMATION: The FAA ACTION: Notice of intent to rule on application. Proposed charge expiration date: proposes to rule and invites public October 1, 2005. comment on the application to impose SUMMARY: The FAA proposes to rule and Total estimated PFC revenue: and use the revenue from a PFC at Long invites public comment on the $643,000. Beach Municipal Airport (Daugherty application to impose and use a PFC at Brief description of the proposed Field) under the provisions of the Arcata/Eureka Airport under the projects: Master Plan updates for Aviation Safety and Capacity Expansion provisions of the Aviation Safety and Arcata/Eureka, Kneeland, Dinsmore, Act of 1990 (title IX of the Omnibus Capacity Expansion Act of 1990 (title IX Murray Field, Rohnerville/Fortuna and Budget Reconciliation Act of 1990) of the Omnibus Budget Reconciliation Garberville Airports; Letz Avenue Bluff (Pub. L. 101–508) and part 158 of the Act of 1990) (Pub. L. 101–508) and part Repair; Security enhancements Federal Aviation Regulations (14 CFR 158 of the Federal Aviation Regulations including: install terminal and access part 158). (14 CFR part 158). gate lock system, video surveillance On February 6, 2003, the FAA DATES: Comments must be received on equipment, security monitoring determined that the application to or before April 7, 2003. building and construct general aviation impose and use the revenue from a PFC ADDRESSES: Comments on this ramp; purchase Pilot Weather Data submitted by the City of Long Beach Super-Unicom Equipment; purchase was substantially complete within the application may be mailed or delivered in triplicate to the FAA at the following runway/taxiway sweeper; replace VASI requirements of § 158.25 of part 158. with PAPI equipment. The FAA will approve or disapprove the address: Federal Aviation Administration, Airports Division, Class or classes of air carriers which application, in whole or in part, no later the public agency has requested not be than May 8, 2003. 15000 Aviation Blvd., Room 3012, Lawndale, CA 90261, or San Francisco required to collect PFCs: None. The following is a brief overview of Airports District Office, 831 Mitten Any person may inspect the the impose and use PFC application Road, Room 210, Burlingame, CA application in person at the FAA office number 03–02–C–00–LGB: 94010–1303. In addition, one copy of listed above under FOR FURTHER Level of proposed PFC: $3.00. any comments submitted to the FAA INFORMATION CONTACT and at the FAA Propose charge effective date: June 1, must be mailed or delivered to Mr. Regional Airports Division located at: 2003. Allen Campbell, Public Works Director, Federal Aviation Administration, Proposed charge expiration date: July County of Humboldt, at the following Airports Division, 15000 Aviation Blvd., 1, 2009. address: 1106 Second Street, Eureka, CA Room 3012, Lawndale, CA 90261. In Total estimated PFC revenue: 95501. Air carriers and foreign air addition, any person may, upon request, $30,306,984. carriers may submit copies of written inspect the application, notice and other Brief description of the proposed comments previously provided to the documents germane to the application project(s): Airfield pavement County of Humboldt under § 158.23 of in person at the County of Humboldt. rehabilitation—Runway 12/30, airfield part 158. Issued in Lawndale, California, on pavement, terminal area improvements, FOR FURTHER INFORMATION CONTACT: February 19, 2003. airport security—security system Marlys Vandervelde, Airports Program Ellsworth L. Chan, upgrade, aircraft rescue and firefighting Analyst, San Francisco Airports District vehicles. Acting Manager, Airports Division, Western- Office, 831 Mitten Road, Room 210, Pacific Region. Class or classes of air carriers which Burlingame, CA 94010–1303, [FR Doc. 03–5459 Filed 3–6–03; 8:45 am] the public agency has requested not be Telephone: (650) 876–2806. The required to collect PFCs: Non- BILLING CODE 4910–13–M application may be reviewed in person scheduled/on-demand air carriers. at this same location. Any person may inspect the SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION application in person at the FAA office The FAA proposes to rule and invites public listed above under FOR FURTHER comment on the application to impose Federal Aviation Administration INFORMATION CONTACT. In addition, any person may, upon request, inspect the and use the revenue from a PFC at Proposed Change to Paragraph 63, application, notice and other documents Arcata/Eureka Airport under the Aircraft Build From Spare and/or germane to the application in person at provisions of the Aviation Safety and Surplus Parts in FAA Order 8130.2E, the City of Long Beach. Capacity Expansion Act of 1990 (title IX Airworthiness Certification of Aircraft of the Omnibus Budget Reconciliation and Related Products Issued in Lawndale, California, on Act of 1990) (Pub. L. 101–508) and part February 6, 2003. 158 of the Federal Aviation Regulations AGENCY: Federal Aviation Herman C. Bliss, (14 CFR part 158). Administration (FAA), DOT. Manager, Airports Division, Western-Pacific On February 19, 2003, the FAA ACTION: Notice of availability. Region. determined that the application to [FR Doc. 03–5460 Filed 3–6–03; 8:45 am] impose and use the revenue from PFC SUMMARY: After reviewing current policy BILLING CODE 4910–13–M submitted by the County of Humboldt it has been noted that changes are

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needed to better standardize compliance ACTION: Notice and request for States, the District of Columbia and the with Title 14 Code of Federal comments. Commonwealth of Puerto Rico; and 19 Regulations (14 CFR) chapter 1, hours for each of the four territories. subchapter C. This notice announces the SUMMARY: The FHWA has forwarded the The estimated total annual burden for availability of a proposed change to information collection request described all respondents is 71,212 hours. in this notice to the Office of paragraph 63 of FAA Order 8130.2E for FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) for review and comment. The purpose of Robert Rozycki, 202–366–5059, review and approval. We published a this change is to revise guidance and Department of Transportation, Federal Federal Register notice with a 60-day instructions on issuing a standard Highway Administration, Policy Service public comment period on this airworthiness certificate (under Business Unit, 400 Seventh Street, SW., information collection on September 24, § 21.183d) for an aircraft assembled Washington, DC 20590. Office hours are 2002. We are required to publish this from spare and/or surplus parts when from 7:30 a.m. to 4:30 p.m., Monday notice in the Federal Register by the the aircraft has a TC issued under through Friday, except Federal holidays. Paperwork Reduction Act of 1995. § 21.21, § 21.27, or § 21.29. Electronic Access: Internet users may DATES: Comments submitted must be DATES: Please submit comments by access all comments received by the received no later than April 7, 2003. March 14, 2003. U.S. DOT Dockets, Room PL–401, by ADDRESSES: Copies of proposed change ADDRESSES: You may send comments to using the universal resource locator can be obtained from and comments the Office of Information and Regulatory (URL): http://dms.dot.gov. It is available may be returned to the following: Affairs, Office of Management and 24 hours each day, 365 days each year. Federal Aviation Administration, Budget, 725 17th Street, NW., Please follow the instructions online for Production and Airworthiness Division, Washington, DC 20503, Attention: DOT more information and help. An AIR–200, Room 815, 800 Independence Desk Officer. You are asked to comment electronic copy of this document may be Avenue, SW., Washington, DC 20591. on any aspect of this information downloaded using a modem and FOR FURTHER INFORMATION CONTACT: collection, including: (1) Whether the suitable communications software from Loyal Woodworth, Federal Aviation proposed collection is necessary for the the Government Printing Office Administration, Production and FHWA’s performance; (2) the accuracy Electronic Bulletin Board Service at Airworthiness Division, AIR–200, Room of the estimated burden; (3) ways for the telephone number 202–512–1661. 815, 800 Independence Avenue, SW., FHWA to enhance the quality, Internet users may reach the Federal Washington, DC 20591, (202) 267–8361. usefulness, and clarity of the collected Register’s home page at http:// E-mail address: information; and (4) ways that the www.nara.gov/fedreg and the [email protected]. burden could be minimized, including Government Printing Office’s database the use of electronic technology, at http://www.access.gpo.gov/nara. SUPPLEMENTARY INFORMATION: Interested without reducing the quality of the Authority: The Paperwork Reduction Act persons are invited to comment on the collected information. proposed change listed in this notice, by of 1995; 44 U.S.C. chapter 35, as amended; SUPPLEMENTARY INFORMATION: submitting such written data, views, or and 49 CFR 1.48. Title: Highway Performance arguments as they desire to the Issued on: February 7, 2003. Monitoring System (HPMS) Field aforementioned address. Comments Manual. James R. Kabel, must be marked ‘‘Comments to Order Abstract: The HPMS data that is Chief, Management Programs and Analysis 8130.2E changes to paragraph 63.’’ The collected is used for management Division. Director, Aircraft Certification Service, decisions that affect transportation, such [FR Doc. 03–5443 Filed 3–6–03; 8:45 am] will consider all communications as estimates of future highway needs of BILLING CODE 4910–22–P received on or before the closing date, the Nation and assessments of the before issuing the final change. highway system performance. The Comments received on the proposed DEPARTMENT OF TRANSPORTATION information is used by the FHWA to change may be examined before and develop and implement legislation and after the comment closing date in Room Federal Highway Administration by State and Federal transportation 815, FAA headquarters building (FOB– officials to adequately plan, design, and 10A), 800 Independence Avenue, SW., Agency Information Collection administer effective, safe, and efficient Washington, DC 20591, between 8:30 Activities: Submission for OMB Review transportation systems. This data is a.m. and 4:30 p.m. essential to the FHWA and Congress in AGENCY: Federal Highway Issued in Washington, DC, on February 20, evaluating the effectiveness of the Administration (FHWA), DOT. 2003. Federal-aid highway program by ACTION: Notice and request for Frank P. Paskiewicz, providing miles, lane-miles and travel comments. Manager, Production and Airworthiness components of apportionment formulae. Division, AIR–200. The data that is required by the HPMS SUMMARY: The FHWA has forwarded the [FR Doc. 03–5455 Filed 3–6–03; 8:45 am] is continually reassessed and information collection request described BILLING CODE 4910–13–M streamlined. in this notice to the Office of Respondents: State governments of Management and Budget (OMB) for the 50 United States, the District of review and approval. We published a DEPARTMENT OF TRANSPORTATION Columbia, the Commonwealth of Puerto Federal Register notice with a 60-day Rico, and the four territories (American public comment period on this Federal Highway Administration Samoa, Guam, Northern Marianas, and information collection on September 24, Virgin Islands). 2002. We are required to publish this Agency Information Collection notice in the Federal Register by the Activities: Submission for OMB Review Estimated Total Annual Burden: The estimated average burden per response Paperwork Reduction Act of 1995. AGENCY: Federal Highway for the annual collection and processing DATES: Please submit comments by Administration (FHWA), DOT. of the HPMS data is 1,368 hours for the March 21, 2003.

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ADDRESSES: You may send comments to Monday through Friday, except Federal usefulness, and clarity of the collected the Office of Information and Regulatory holidays. information; and (4) ways that the Affairs, Office of Management and Electronic Access: Internet users may burden could be minimized, including Budget, 725 17th Street, NW., access all comments received by the the use of electronic technology, Washington, DC 20503, Attention: DOT U.S. DOT Dockets, Room PL–401, by without reducing the quality of the Desk Officer. You are asked to comment using the universal resource locator collected information. on any aspect of this information (URL): http://dms.dot.gov. It is available SUPPLEMENTARY INFORMATION: collection, including: (1) Whether the 24 hours each day, 365 days each year. Title: Environmental Streamlining: proposed collection is necessary for the Please follow the instructions online for Measuring the Performance of FHWA’s performance; (2) the accuracy more information and help. An Stakeholders in the Transportation of the estimated burden; (3) ways for the electronic copy of this document may be Project Development Process. FHWA to enhance the quality, downloaded using a modem and Abstract: The U.S. Department of usefulness, and clarity of the collected suitable communications software from Transportation (DOT), FHWA, has information; and (4) ways that the the Government Printing Office contracted with the Gallup Organization burden could be minimized, including Electronic Bulletin Board Service at to conduct a survey of professionals the use of electronic technology, telephone number 202–512–1661. associated with transportation and without reducing the quality of the Internet users may reach the Federal resource agencies in order to gather collected information. Register’s home page at http:// their views on the workings of the www.nara.gov/fedreg and the SUPPLEMENTARY INFORMATION: environmental review process for Government Printing Office’s database transportation projects and how the Title: A Guide to Reporting Highway at http://www.access.gpo.gov/nara. Statistics. process can be streamlined. The Authority: The Paperwork Reduction Act purpose of the survey is to: (1) Collect Abstract: A Guide to Reporting of 1995; 44 U.S.C. chapter 35, as amended; the perceptions of agency professionals Highway Statistics provides for the and 49 CFR 1.48. involved in conducting the decision- collection of information by describing Issued on: February 7, 2003. making processes mandated by the policies and procedures for assembling National Environmental Policy Act statistical data from the existing files of James R. Kabel, (NEPA) and other resource protection State agencies. The data includes motor- Chief, Management Programs and Analysis laws in order to develop benchmark vehicle registration and fees, motor-fuel Division. performance measures; and (2) identify use and taxation, driver licensing, and [FR Doc. 03–5444 Filed 3–6–03; 8:45 am] where the performance of the process highway taxation and finance. Federal, BILLING CODE 4910–22–P might be improved by the application of State, and local governments use the techniques for streamlining. data for transportation policy DEPARTMENT OF TRANSPORTATION Respondents: Approximately 675 discussions and decisions. Motor-fuel professionals/officials from data are used in attributing receipts to Federal Highway Administration transportation and natural resource the Highway Trust Fund and agencies. subsequently in the apportionment Agency Information Collection Frequency: This is a one-time survey. formulas that are used to distribute Activities: Submission for OMB Review Estimated Total Annual Burden Federal-Aid Highway Funds. The data AGENCY: Federal Highway Hours: The total estimated annual are published annually in the FHWA’s burden is 338 hours. Highway Statistics and Our Nation’s Administration (FHWA), DOT. Highways. Information from Highway ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: Mr. Statistics is used in the joint FHWA and comments. Kreig Larson, 202–366–2056, Planning Federal Transit Administration required and Environment, Federal Highway SUMMARY: The FHWA has forwarded the Administration, Department of biennial report to Congress, The Status information collection request described of the Nation’s Highways, Bridges, and Transportation, 400 Seventh Street, in this notice to the Office of SW., Washington, DC 20590. Office Transit: Conditions and Performance Management and Budget (OMB) for Report to Congress, which contrasts hours are from 7 a.m. to 4:30 p.m., review and approval. We published a Monday through Friday, except Federal present status to future investment Federal Register notice with a 60-day needs. holidays. public comment period on this Electronic Access: Internet users may Respondents: State and local information collection on May 14, 2002. access all comments received by the governments of the 50 United States, the We are required to publish this notice U.S. DOT Dockets, Room Pl–401, by District of Columbia, the in the Federal Register by the using the universal resource locator Commonwealth of Puerto Rico, and the Paperwork Reduction Act of 1995. (URL): http://dms.dot.gov. It is available four territories (American Samoa, Guam, DATES: Please submit comments by 24 hours each day, 365 days each year. Northern Marianas, and Virgin Islands). March 14, 2003. Please follow the instructions online for Estimated Total Annual Burden: The ADDRESSES: You may send comments to more information and help. An estimated total annual burden for all the Office of Information and Regulatory electronic copy of this document may be respondents is 42,206 hours. Affairs, Office of Management and downloaded using a modem and FOR FURTHER INFORMATION CONTACT: Mr. Budget, 725 17th Street, NW., suitable communications software from Tom Howard, 202–366–0170, Office of Washington, DC 20503, Attention: DOT the Government Printing Office Policy, Office of Highway Policy Desk Officer. You are asked to comment Electronic Bulletin Board Service at Information, Highway Funding and on any aspect of this information telephone number 202–512–1661. Motor Fuels (HPPI–10), Federal collection, including: (1) Whether the Internet users may reach the Federal Highway Administration, Department of proposed collection is necessary for the Register’s home page at http:// Transportation, 400 Seventh Street, FHWA’s performance; (2) the accuracy www.nara.gov/fedreg and the SW., Washington, DC 20590. Office of the estimated burden; (3) ways for the Government Printing Office’s database hours are from 7 a.m. to 4:30 p.m., FHWA to enhance the quality, at http://www.access.gpo.gov/nara.

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Authority: The Paperwork Reduction Act the docket electronically. To do so, log Safety Standards Committee (THLPSSC) of 1995; 44 U.S.C. chapter 35, as amended; onto the following Internet Web will meet. The preliminary agenda and 49 CFR 1.48. address: http://dms.dot.gov. Click on includes a briefing and committee vote Issued on: February 7, 2003. ‘‘Help & Information’’ for instructions on the Notice of Proposed Rulemaking, James R. Kabel, on how to file a document ‘‘Recommendations to Change Chief, Management Programs and Analysis electronically. All written comments Hazardous Liquid Pipeline Safety Division. should reference docket number RSPA– Requirements.’’ In addition, OPS will [FR Doc. 03–5445 Filed 3–6–03; 8:45 am] 98–4470. Anyone who would like brief the THLPSSC on the following BILLING CODE 4910–22–P confirmation of mailed comments must topics: include a self-addressed stamped postcard. 1. Revision to Hazardous Liquid DEPARTMENT OF TRANSPORTATION Anyone is able to search the Pipeline Annual Report. electronic form of all comments 2. National Pipeline Mapping System. Research and Special Programs received into any of our dockets by the 3. Gathering Lines. Administration (RSPA) name of the individual submitting the On Wednesday, March 26, 2003, from [Docket No. RSPA–98–4470] comment (or signing the comment, if submitted on behalf of an association, 9 a.m. to 6 p.m. EST, the THLPSSC and Pipeline Safety: Meetings of the business, labor union, etc.). You may the TPSSC will meet in joint session. Pipeline Safety Advisory Committees review DOT’s complete Privacy Act The preliminary agenda includes a Statement in the Federal Register briefing and peer review of the Pipeline AGENCY: Office of Pipeline Safety, published on April 11, 2000 (Volume Research and Development Plan. OPS Research and Special Programs 65, Number 70; Pages 19477–78) or you will provide the Committee with Administration, DOT. may visit http://dms.dot.gov. briefings on the following topics: ACTION: Notice; Meetings of the Technical Pipeline Safety Standards Information on Services for Individuals 1. Pipeline Communication and Committee and the Technical With Disabilities Public Education Programs. Hazardous Liquid Pipeline Safety For information on facilities or 2. Alternative Mitigation Measures. Standards Committee. services for individuals with disabilities 3. Pipeline Integrity Management— or to request special assistance at the SUMMARY: Meetings of the Technical Partial Issues. meeting, contact Jean Milam at (202) Pipeline Safety Standards Committee 4. Damage Prevention, Common 493–0967. (TPSSC) and the Technical Hazardous Ground Alliance and Nationwide Toll- FOR FURTHER INFORMATION CONTACT: Liquid Pipeline Safety Standards Free Number (# Dig). Cheryl Whetsel, OPS, (202) 366–4431 or Committee (THLPSSC) will be held 5. Operator Qualification Compliance. from Tuesday, March 25 to Thursday, Richard Huriaux, OPS, (202) 366–4565, March 27, 2003, at the Hyatt Arlington regarding the subject matter of this 6. Pipeline Security. Hotel, Arlington, VA. OPS will provide notice. 7. Office of Pipeline Safety Initiatives. briefings on pending rulemakings and SUPPLEMENTARY INFORMATION: The On Thursday, March 27, 2003, from 9 regulatory initiatives. The advisory TPSSC and THLPSSC are statutorily a.m. to 6 p.m. EST the TPSSC will meet. committees will discuss and vote on mandated advisory committees that A major portion of the meeting will various proposed rulemakings and advise the Research and Special include a briefing on the NPRM, associated risk assessments. Programs Administration’s (RSPA) Pipeline Integrity Management for Gas ADDRESSES: Members of the public may Office of Pipeline Safety (OPS) on Transmission Pipelines in High attend the meetings at the Hyatt proposed safety standards for gas and Consequence Areas (HCAs) and of the Arlington Hotel, 1325 Wilson hazardous liquid pipelines. These Boulevard, Arlington, VA. The exact advisory committees are constituted in Cost Benefit Analysis. The TPSSC will location and room number for this accordance with section 10(a)(2) of the vote on the Cost Benefit Analysis of meeting will be posted on the OPS web Federal Advisory Committee Act (Pub. Pipeline Integrity Management for Gas page approximately 15 days before the L. 92–463, 5 U.S.C. App. 1). The Transmission Pipelines in HCAs and on meeting date at http://ops.dot.gov. committees consist of 15 members—five the NPRM, ‘‘Further Regulatory Review: An opportunity will be provided for each representing government, industry, Gas Pipeline Safety Standards.’’ the public to make short statements on and the public. The TPSSC and Additional briefings will be provided on the topics under discussion. Anyone THLPSSC are tasked with determining the following topics: wishing to make an oral statement reasonableness, cost-effectiveness, and 1. National Pipeline Mapping System. should notify Jean Milam, (202) 493– practicability of proposed pipeline 2. Cost-Benefit Study of Excess Flow 0967, not later than March 18, 2003, on regulations. the topic of the statement and the length Federal law requires that OPS submit Valve Installation on Gas Service Lines of the presentation. The presiding cost-benefit analyses and risk 3. Gas Gathering Line Issues officer at each meeting may deny any assessment information on proposed Authority: 49 U.S.C. 60102, 60115. request to present an oral statement and safety standards to the advisory may limit the time of any presentation. committees. The TPSSC and/or Issued in Washington, DC on March 4, You may submit written comments by THLPSSC evaluate the merit of the data 2003. mail or deliver to the Dockets Facility, and methods used within the analyses, Richard D. Huriaux, U.S. Department of Transportation, and when appropriate, provide Manager, Regulations, Office of Pipeline Room PL–401, 400 Seventh Street, SW., recommendations relating to the cost- Safety. Washington, DC 20590–0001. It is open benefit analyses. [FR Doc. 03–5448 Filed 3–6–03; 8:45 am] from 10 a.m. to 5 p.m., Monday through On Tuesday, March 25, 2003, from BILLING CODE 4910–60–P Friday, except Federal holidays. You 12:30 p.m. to 4:30 p.m. EST, the also may submit written comments to Technical Hazardous Liquid Pipeline

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DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Federal service line was more than adequate to pipeline safety regulations do not activate an EFV. The NTSB concluded Research and Special Programs require the installation of Excess Flow that the explosion and fire would not Administration Valves (EFVs) on service lines. have occurred had an EFV been [Docket RSPA–03–14455; Notice 1] However, if an EFV is installed on a installed in the service line to interrupt single residence service line, the gas flow. regulations set minimum performance Cost-Benefit Study of Excess Flow As a result of its investigation, the Valve Installation on Gas Service Lines standards for these valves. These performance standards provide that an NTSB issued Recommendation P–01–2. AGENCY: Research and Special Programs EFV must function properly up to the It urges RSPA to require the installation Administration (RSPA), Department of maximum operating pressure at which of EFVs in all new and renewed services Transportation (DOT). the valve is rated and at all temperatures serving any type of customer— ACTION: Notice of study availability and reasonably expected in the operating residential, commercial, or industrial. request for public comments. environment of the service line. This includes installation of EFVs in Furthermore, the EFV must not close new and renewed gas services operating SUMMARY: This notice seeks comments when the pressure is less than the at less than 10 psig, if appropriate EFVs from the public on a cost-benefit study manufacturer’s minimum specified are commercially available. of mandatory installation of excess flow operating pressure and the flow rate is valves (EFVs) on all new and renewed OPS engaged Volpe to conduct a below the manufacturer’s minimum study that estimates the benefits and gas distribution service lines. This study specified closure rate. The performance costs associated with implementation of was performed by the Volpe National standards are found at 49 CFR 192.381. Transportation Systems Center (Volpe) The Federal pipeline safety NTSB Safety Recommendation P–01–2. at the request of RSPA’s Office of regulations also require operators of gas This study examined whether the Pipeline Safety (OPS) in response to a distribution pipelines to notify certain benefits resulting from mandatory recommendation by the National service line customers of the availability installation of EFVs on all new and Transportation Safety Board (NTSB). of EFVs for installation at the customer’s renewed gas distribution service lines DATES: Comments on this notice must be expense. The notification requirements would exceed the costs. The full study received by May 6, 2003 to ensure only apply for newly installed or is available in Docket Number RSPA– consideration. replaced single-family residential gas 03–14455 or on the OPS Web page at service lines operating at not less than ops.dot.gov. ADDRESSES: Interested persons are 10 pounds per square inch gauge (psig). invited to submit comments in OPS invites comments on all aspects The notification requirements are found duplicate to the Research and Special of the Volpe study, and in particular, at 49 CFR 192.383. would like comments on the following Programs Administration, U.S. The written notification must include Department of Transportation, Dockets information on the safety benefits of questions: Facility, Plaza 401, 400 Seventh Street, EFVs and on the costs associated with (1) Are the assumptions used in SW, Washington, DC 20590–0001 or by the installation, maintenance, and performing this study clear and correct? e-mail to dms.dot.gov. Comments must operation of EFVs. An operator is not (2) Is the data used in the study identify the docket number of this required to notify its customers about notice. Persons wishing to receive adequate to support the conclusions of EFV installation when (1) EFVs meeting the report? confirmation of receipt of their the performance standards in 49 CFR comments must include a stamped, self- 192.381 are not commercially available (3) Are the uncertainties of this study addressed postcard. to the gas distribution pipeline operator, clearly explained? A copy of the report and all comments (2) prior experience indicates that (4) Are the conclusions drawn from in Docket No. RSPA–03–14455 may be contaminants in the service lines could this study reasonable? reviewed at the Dockets Facility interfere with the proper operation of an (5) Are the sensitivity analyses between 10 a.m. to 5 p.m., Monday EFV, or (3) special situations make it adequate? through Friday, except on Federal impractical for the operator to notify a holidays. The docket may also be service line customer before replacing a (6) Are there other issues regarding accessed electronically over the Internet service line. The notification EFVs and EFV installation not at dms.dot.gov. requirements do not apply if an operator considered in the study? Anyone is able to search the voluntarily installs EFVs in new and electronic form of all comments (7) Are there regulatory or non- renewed gas service lines. regulatory alternatives to mandatory received into any of our dockets by the On July 7, 1998, leakage from a EFV installation on new and renewed name of the individual submitting the natural gas distribution service line service lines that are as effective in comment (or signing the comment, if caused a gas explosion and fire in the submitted on behalf of an association, South Riding subdivision, Loudoun reducing risks to the public? business, labor union, etc.). You may County, Virginia. The accident resulted Issued in Washington, DC on March 4, review DOT’s complete Privacy Act in one death, three injuries, destruction 2003. Statement in the Federal Register of one house, and damage to five Stacey L. Gerard, published on April 11, 2000 (Volume houses. The NTSB accident Associate Administrator for Pipeline Safety. 65, Number 70; Pages 19477–78) or you investigation revealed that gas had [FR Doc. 03–5449 Filed 3–6–03; 8:45 am] may visit http://dms.dot.gov. accumulated in the basement of a house, FOR FURTHER INFORMATION CONTACT: where it probably was ignited by a water BILLING CODE 4910–60–P Marvin Fell, U.S. Department of heater pilot light. A hole in the ‘‘-inch Transportation (DOT), RSPA/OPS, 400 polyethylene gas service line to the Seventh Street, SW, Washington, DC house was the most likely source of the 20950, telephone (202) 366–6205, or by gas. The NTSB determined that the flow e-mail [email protected]. rate per hour from the hole in the gas

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DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 1 opportunity to comment on proposed hour, 31 minutes. and/or continuing information Internal Revenue Service Estimated Total Annual Burden collections, as required by the Hours: 7,133,900. Paperwork Reduction Act of 1995, Proposed Collection; Comment The following paragraph applies to all Public Law 104–13 (44 U.S.C. Request for Form 1040 TeleFile and of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Form 8855–V, TeleFile Payment by this notice: soliciting comments concerning Form Voucher An agency may not conduct or 4461, Application for Approval of AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to Master or Prototype Defined Treasury. respond to, a collection of information Contribution Plan; Form 4461–A, unless the collection of information Application for Approval of Master or ACTION: Notice and request for displays a valid OMB control number. Prototype Defined Benefit Plan; Form comments. Books or records relating to a collection 4461–B, Application for Approval of SUMMARY: The Department of the of information must be retained as long Master or Prototype Plan, Mass Treasury, as part of its continuing effort as their contents may become material Submitter Adopting Sponsor. to reduce paperwork and respondent in the administration of any internal DATES: Written comments should be burden, invites the general public and revenue law. Generally, tax returns and received on or before May 6, 2003, to be other Federal agencies to take this tax return information are confidential, assured of consideration. opportunity to comment on proposed as required by 26 U.S.C. 6103. ADDRESSES: Direct all written comments and/or continuing information Request for Comments to Glenn P. Kirkland, Internal Revenue collections, as required by the Service, room 6411, 1111 Constitution Paperwork Reduction Act of 1995, Comments submitted in response to Avenue NW., Washington, DC 20224. this notice will be summarized and/or Public Law 104–13 (44 U.S.C. FOR FURTHER INFORMATION CONTACT: included in the request for OMB 3506(c)(2)(A)). Currently, the IRS is Requests for additional information or approval. All comments will become a soliciting comments concerning Form copies of the forms and instructions matter of public record. Comments are 1040—TeleFile and Form 8855–V, should be directed to Carol Savage, TeleFile Payment Voucher. invited on: (a) Whether the collection of (202) 622–3945, or through the Internet information is necessary for the proper DATES: Written comments should be [email protected], Internal performance of the functions of the received on or before May 6, 2003, to be Revenue Service, room 6407, 1111 agency, including whether the assured of consideration. Constitution Avenue NW., Washington, information shall have practical utility; DC 20224. ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate to Glenn P. Kirkland, Internal Revenue SUPPLEMENTARY INFORMATION: of the burden of the collection of Title: Form 4461, Application for Service, room 6411, 1111 Constitution information; (c) ways to enhance the Avenue NW., Washington, DC 20224. Approval of Master or Prototype quality, utility, and clarity of the Defined Contribution Plan; Form 4461– FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to Requests for additional information or A, Application for Approval of Master minimize the burden of the collection of or Prototype Defined Benefit Plan; Form copies of the form and instructions information on respondents, including should be directed to Carol Savage, 4461–B, Application for Approval of through the use of automated collection Master or Prototype Plan, Mass (202) 622–3945, or through the Internet techniques or other forms of information [email protected]., Internal Submitter Adopting Sponsor. technology; and (e) estimates of capital OMB Number: 1545–0169. Revenue Service, room 6407, 1111 or start-up costs and costs of operation, Form Numbers: Forms 4461, 4461–A, Constitution Avenue NW., Washington, maintenance, and purchase of services and 4461–B. DC 20224. to provide information. Abstract: The IRS uses these forms to SUPPLEMENTARY INFORMATION: Approved: March 3, 2003. determine from the information Title: Form 1040–TeleFile and submitted whether the applicant plan TeleFile Payment Voucher (Form 8855– Glenn P. Kirkland, IRS Reports Clearance Officer. qualifies under section 401(a) of the V). Internal Revenue Code for plan [FR Doc. 03–5463 Filed 3–6–03; 8:45 am] OMB Number: 1545–1277. approval. The application is also used to Form Number: 1040–TeleFile and BILLING CODE 4830–01–P determine if the related trust qualifies Form 8855–V. for tax exempt status under Code Abstract: Certain Form 1040EZ filers DEPARTMENT OF THE TREASURY section 501(a). are given the option of using a Current Actions: There are no changes simplified method of filing their tax Internal Revenue Service being made to these forms at this time. return by telephone. The taxpayer enters Type of Review: Extension of a certain minimal items of information on Proposed Collection; Comment currently approved collection. the TeleFile Tax Record and calls the Request for Forms 4461, 4461–A, and Affected Public: Business or other for- IRS with a touch-tone telephone. The 4461–B profit organizations. automated system figures the tax and Estimated Number of Responses: any refund or balance due while the AGENCY: Internal Revenue Service (IRS), 5,250. taxpayer is still on the phone. Treasury. Estimated Time Per Respondent: 20 Current Actions: There are no changes ACTION: Notice and request for hours, 49 minutes. being made to the form at this time. comments. Estimated Total Annual Burden Type of Review: Extension of a Hours: 109,298. currently approved collection. SUMMARY: The Department of the The following paragraph applies to all Affected Public: Individuals or Treasury, as part of its continuing effort of the collections of information covered households. to reduce paperwork and respondent by this notice: Estimated Number of Responses: burden, invites the general public and An agency may not conduct or 4,678,000. other Federal agencies to take this sponsor, and a person is not required to

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respond to, a collection of information DATES: Written comments should be included in the request for OMB unless the collection of information received on or before May 6, 2003, to be approval. All comments will become a displays a valid OMB control number. assured of consideration. matter of public record. Comments are Books or records relating to a collection ADDRESSES: Direct all written comments invited on: (a) Whether the collection of of information must be retained as long to Glenn P. Kirkland, Internal Revenue information is necessary for the proper as their contents may become material Service, room 6411, 1111 Constitution performance of the functions of the in the administration of any internal Avenue, NW., Washington, DC 20224. agency, including whether the revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: information shall have practical utility; tax return information are confidential, Requests for additional information or (b) the accuracy of the agency’s estimate as required by 26 U.S.C. 6103. copies of the form and instructions of the burden of the collection of information; (c) ways to enhance the Request for Comments should be directed to Carol Savage, (202) 622–3945, or through the Internet quality, utility, and clarity of the Comments submitted in response to ([email protected].), Internal information to be collected; (d) ways to this notice will be summarized and/or Revenue Service, room 6407, 1111 minimize the burden of the collection of included in the request for OMB Constitution Avenue, NW., Washington, information on respondents, including approval. All comments will become a DC 20224. through the use of automated collection matter of public record. Comments are techniques or other forms of information SUPPLEMENTARY INFORMATION: invited on: (a) Whether the collection of technology; and (e) estimates of capital Title: Investor Reporting of Tax information is necessary for the proper or start-up costs and costs of operation, Shelter Registration Number. maintenance, and purchase of services performance of the functions of the OMB Number: 1545–0881. to provide information. agency, including whether the Form Number: 8271. information shall have practical utility; Abstract: All persons who are Approved: March 3, 2003. (b) the accuracy of the agency’s estimate claiming a deduction, loss, credit, or Glenn P. Kirkland, of the burden of the collection of other tax benefit, or reporting any IRS Reports Clearance Officer. information; (c) ways to enhance the income on their tax return from a tax quality, utility, and clarity of the [FR Doc. 03–5466 Filed 3–6–03; 8:45 am] shelter required to be registered under BILLING CODE 4830–01–P information to be collected; (d) ways to Internal Revenue Code section 6111 minimize the burden of the collection of must report the tax shelter registration information on respondents, including number to the IRS. Form 8271 is used DEPARTMENT OF THE TREASURY through the use of automated collection for this purpose. The IRS uses the techniques or other forms of information information provided on Form 8271 to Internal Revenue Service technology; and (e) estimates of capital identify the tax shelter from which the or start-up costs and costs of operation, benefits are claimed and to determine if Proposed Collection; Comment maintenance, and purchase of services any compliance actions are needed. Request for Form 8811 to provide information. Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), Approved: March 3, 2003. being made to the form at this time. Treasury. Type of Review: Extension of a Glenn P. Kirkland, ACTION: Notice and request for IRS Reports Clearance Officer. currently approved collection. comments. [FR Doc. 03–5465 Filed 3–6–03; 8:45 am] Affected Public: Individuals or BILLING CODE 4830–01–P households, business or other for-profit SUMMARY: The Department of the organizations, not-for-profit institutions, Treasury, as part of its continuing effort farms, and state, local or tribal to reduce paperwork and respondent DEPARTMENT OF THE TREASURY governments. burden, invites the general public and Estimated Number of Responses: other Federal agencies to take this Internal Revenue Service 297,500. opportunity to comment on proposed Estimated Time Per Respondent: 41 and/or continuing information Proposed Collection; Comment minutes. collections, as required by the Request for Form 8271 Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 205,275. Public Law 104–13 (44 U.S.C. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all Treasury. 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered soliciting comments concerning Form ACTION: Notice and request for by this notice: 8811, Information Return for Real Estate comments. An agency may not conduct or Mortgage Investment Conduits (REMICs) sponsor, and a person is not required to and Issuers of Collateralized Debt SUMMARY: The Department of the respond to, a collection of information Obligations. Treasury, as part of its continuing effort unless the collection of information DATES: to reduce paperwork and respondent displays a valid OMB control number. Written comments should be burden, invites the general public and Books or records relating to a collection received on or before May 6, 2003 to be other Federal agencies to take this of information must be retained as long assured of consideration. opportunity to comment on proposed as their contents may become material ADDRESSES: Direct all written comments and/or continuing information in the administration of any internal to Glenn P. Kirkland, Internal Revenue collections, as required by the revenue law. Generally, tax returns and Service, room 6411, 1111 Constitution Paperwork Reduction Act of 1995, tax return information are confidential, Avenue NW., Washington, DC 20224. Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: 3506(c)(2)(A)). Currently, the IRS is Requests for additional information or soliciting comments concerning Form Request for Comments copies of the form and instructions 8271, Investor Reporting of Tax Shelter Comments submitted in response to should be directed to Carol Savage, Registration Number. this notice will be summarized and/or (202) 622–3945, or through the Internet

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([email protected].), Internal Type of Review: Extension of a included in the request for OMB Revenue Service, room 6407, 1111 currently approved collection. approval. All comments will become a Constitution Avenue NW., Washington, Affected Public: Business or other for- matter of public record. Comments are DC 20224. profit organizations. invited on: (a) Whether the collection of SUPPLEMENTARY INFORMATION: Estimated Number of Responses: information is necessary for the proper Title: Information Return for Real 1,000. performance of the functions of the Estate Mortgage Investment Conduits Estimated Time Per Response: 5 hr., 7 agency, including whether the min. (REMICs) and Issuers of Collateralized information shall have practical utility; Estimated Total Annual Burden Debt Obligations. (b) the accuracy of the agency’s estimate OMB Number: 1545–1099. Hours: 5,110. of the burden of the collection of Form Number: 8811. The following paragraph applies to all Abstract: Current regulations require of the collections of information covered information; (c) ways to enhance the real estate mortgage investment by this notice: quality, utility, and clarity of the conduits (REMICs) to provide Forms An agency may not conduct or information to be collected; (d) ways to 1099 to true holders of interests in these sponsor, and a person is not required to minimize the burden of the collection of investment vehicles. Because of the respond to, a collection of information information on respondents, including complex computations required at each unless the collection of information through the use of automated collection level and the potential number of displays a valid OMB control number. techniques or other forms of information nominees, the ultimate investor may not Books or records relating to a collection technology; and (e) estimates of capital receive a Form 1099 and other of information must be retained as long or start-up costs and costs of operation, information necessary to prepare their as their contents may become material maintenance, and purchase of services tax return in a timely fashion. Form in the administration of any internal to provide information. 8811 collects information for publishing revenue law. Generally, tax returns and by the IRS so that brokers can contact tax return information are confidential, Approved: February 28, 2003. REMICs to request the financial as required by 26 U.S.C. 6103. Glenn P. Kirkland, information and timely issue Forms IRS Reports Clearance Officer. Request for Comments 1099 to holders. [FR Doc. 03–5467 Filed 3–6–03; 8:45 am] Current Actions: There are no changes Comments submitted in response to BILLING CODE 4830–01–P being made to Form 8811 at this time. this notice will be summarized and/or

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Part II

Department of Commerce National Oceanic and Atmospheric Administration

50 CFR Part 660 Magnuson-Stevens Act Provisions; Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures; Final Rule

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DEPARTMENT OF COMMERCE 7600 Sand Point Way N.E., Bldg. 1, the OYs as practicable for more Seattle, WA 98115–0070. abundant groundfish stocks managed National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: under the FMP. Administration Yvonne deReynier or Becky Renko Comments and Responses (Northwest Region, NMFS), phone: 206– 50 CFR Part 660 526-6140; fax: 206–526-6736; and e- During the comment period for the 2003 specifications and management [Docket No. 021209300–3048–02; I.D. mail: [email protected], [email protected] or Svein Fougner measures, which ended on February 7, 112502C] 2003, NMFS received five letters of (Southwest Region, NMFS), phone: 562– comment. These letters of comment RIN 0648-AQ18 980-4000; fax: 562–980-4047; and e- were received opposing different mail: [email protected]. portions of the rule: two from non- Magnuson-Stevens Act Provisions; SUPPLEMENTARY INFORMATION: Fisheries off West Coast States and in governmental organizations the Western Pacific; Pacific Coast Electronic Access representing environmental interests, two from an association of seafood Groundfish Fishery; Annual This final rule also is accessible via Specifications and Management processors, and one from the the Internet at the Office of the Federal government of Canada. Measures Register’s website at http:// _ Comments on Harvest Specifications AGENCY: National Marine Fisheries www.access.gpo.gov/su docs/aces/ and Overfished Species Rebuilding Service (NMFS), National Oceanic and aces140.htm. Background information Atmospheric Administration (NOAA), and documents are available at the Comment 1: The Magnuson-Stevens Commerce. NMFS Northwest Region website at Fishery Conservation and Management http://www.nwr.noaa.gov/1sustfsh/ Act (Magnuson-Stevens Act) requires ACTION: Final rule. gdfsh01.htm and at the Council’s that overfished species be rebuilt within SUMMARY: NMFS issues this final rule to website at http://www.pcouncil.org. as short a time as possible. For a number implement the 2003 fishery Background of overfished West Coast groundfish specifications and management species, rebuilding periods have been measures for groundfish taken in the A proposed rule to implement the designated as the maximum time U.S. exclusive economic zone (EEZ) and 2003 specifications and management possible without any analysis as to why state waters off the coasts of measures for Pacific Coast groundfish this time frame is warranted. Further, Washington, Oregon, and California. was published on January 7, 2003 (68 the Council and NMFS are overdue in Final specifications include the levels of FR 936). NMFS requested public preparing formal rebuilding plans (in the acceptable biological catch (ABC) comment on the proposed rule through the form of an FMP, an FMP and optimum yields (OYs). Commercial February 7, 2003. During the comment amendment, or Federal regulations) for OYs (the total catch OYs reduced by period on the proposed rule, NMFS the nine overfished groundfish species. tribal allocations and by amounts received five letters of comment, which Response: In relevant part, the expected to be taken in recreational and are addressed later in the preamble to Magnuson-Stevens Act requires that compensation fisheries) described this final rule. See the preamble to the rebuilding periods be as short as herein are allocated between the limited proposed rule for additional background possible, taking into account the status entry and open access fisheries. information on the fishery and on this and biology of the overfished stocks, Management measures for 2003 are rule. and the needs of fishing communities, intended to prevent overfishing, rebuild The Pacific Coast Groundfish Fishery and not exceed ten years except in cases overfished species, minimize incidental Management Plan (FMP) requires that where the biology of the stock requires catch and discard of overfished and fishery specifications for groundfish be more time to rebuild (as is true of most depleted stocks, provide equitable annually evaluated and revised, as of the nine overfished groundfish harvest opportunity for both necessary, that OYs be specified for stocks). Under the National Standard recreational and commercial sectors, species or species groups in need of Guidelines that implement the and, within the commercial fisheries, particular protection, and that Magnuson-Stevens Act, the maximum achieve harvest guidelines and limited management measures designed to times to rebuild are: 1) for stocks that entry and open access allocations to the achieve the OYs be published in the can be rebuilt within ten years with no extent practicable. Federal Register and made effective by fishing, ten years, and 2) for stocks that January 1, the beginning of the fishing cannot be rebuilt within ten years with DATES: Effective March 1, 2003, until the year. To ensure that new 2003 fishery no fishing, the time to rebuild in the 2004 annual specifications, unless management measures were effective absence of fishing, plus one mean modified, superseded, or rescinded January 1, 2003, NMFS published an generation. In establishing rebuilding through a publication in the Federal emergency rule announcing final periods, the Council and NMFS Register. management measures for January- endeavor to meet the conservation ADDRESSES: Copies of the Final February 2003 (68 FR 908, January 7, requirements (National Standard 1) Environmental Impact Statement (FEIS) 2003). Annual specifications for 2003 while taking into account the needs of are available from Donald McIsaac, and management measures for March- fishing communities (National Standard Executive Director, Pacific Fishery December 2003 were proposed in a 8). Management Council (Council), 7700 separate rule, also published on January The proposed rule defined the NE Ambassador Place, Portland, OR 7, 2003. rebuilding parameters for each species, 97220. Copies of the Record of Decision Specifications and management including: that portion of the stock that (ROD)final regulatory flexibility analysis measures announced in this rule for has been designated as overfished; the (FRFA) and the Small Entity 2003 are designed to rebuild overfished biomass estimate from the most recent Compliance Guide are available from D. stocks through constraining direct and assessment; the maximum allowable Robert Lohn, Administrator, Northwest incidental mortality, to prevent time to rebuild (TMAX); rebuilding Region (Regional Administrator), NMFS, overfishing, and to achieve as much of target (TTARGET) years (must have at

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least a 50 percent probability of decline in the spawning biomass over and projections from the previous rebuilding within the specified time); the next 100 years. The southern assessments (the best scientific the probability of rebuilding within the bocaccio rockfish stock has suffered information) and rebuilding analyses maximum permissible time period poor recruitment during the warm water were carried over into the new fishing (PMAX); and the harvest measures that conditions that have prevailed off year. are being adopted to keep the total Southern California since the late 1980s. The cowcod OY is based on a fishing mortality (typically expressed as If a period of good recruitment occurs, constant fishing mortality rate the fishing mortality rate) within the the stock could be expected to rebuild rebuilding strategy that is approximately specified OYs that will achieve much faster than estimated. 1 percent of the population (See Council TTARGET. Policy makers only have The National Standard Guidelines do documents: Revised Rebuilding Plan for control over three of these parameters: not address the situation where NMFS West Coast Cowcod Exhibit C.10 TTARGET, PMAX and the fishing concludes that a stock cannot rebuild by Attachment 3, June 2001.) As new mortality rate. NMFS disagrees that TMAX, even with zero fishing mortality. assessments are prepared for cowcod rebuilding periods have been designated Therefore, NMFS has determined that and as the stock recovers, the annual OY as the maximum time possible. With the the National Standard Guidelines do not will increase in direct proportion to the exception of bocaccio rockfish (see provide sufficient guidance for the biomass. These rates are consistent with response to Comment 2 regarding need bocaccio rockfish situation and instead the long term rebuilding goals defined for a sustainability analysis), there are has looked directly to the Magnuson- for the individual species and no TTARGET periods that are at or Stevens Act for guidance. Section recommended by the Council. above TMAX for the overfished rockfish 304(e)(4)(A)(i) states that a rebuilding NMFS agrees that further analysis is species. period shall ‘‘be as short as possible, needed to fully understand how The Council is currently preparing taking into account the status and prohibiting bottom fishing activities in Amendment 16, which establishes the biology of any overfished stocks of fish, two Cowcod Conservation Areas in the process and standards for rebuilding the needs of fishing communities, Southern California Bight (estimated to plans and incorporates rebuilding recommendations by international be the most important habitats for measures into the FMP. Overfished organizations in which the United cowcod) and no retention regulations species are currently managed under States participates, and the interaction coastwide affect the total mortality of interim rebuilding strategies, and it is of the overfished stock of fish within the cowcod. Despite these uncertainties, not expected that the final rebuilding marine ecosystem.’’ NMFS anticipates that efforts to plans will differ substantially in their NMFS believes that the Magnuson- minimize bocaccio fishing-related basic biological parameters, taking into Stevens Act requires that the Council mortality south of Cape Mendocino will account any changes that would be and NMFS meet the conservation needs provide further protection for cowcod, made as a result of new data on of the stock (National Standard 1), and which have a similar latitudinal and overfished stocks’ parameters. Thus, also consider the needs of fishing depth distribution and reside in similar overfished species are not communities (National Standard 8). In habitats as bocaccio. These measures disadvantaged by not having formal balancing these considerations NMFS include: the elimination of all directed rebuilding plans at this time. has determined that zero fishing bocaccio rockfish retention; new depth Comment 2: NMFS has proposed a 20 mortality is not required for this based management measures that will mt OY for the badly overfished bocaccio situation. Zero fishing mortality would prohibit groundfish-directed bottom rockfish. This harvest level fails to meet seriously adversely affect fishers and trawl; reduced limited entry fixed gear the rebuilding requirements of the communities in California south of Cape and open access fishing opportunities in Magnuson-Stevens Act because it would Mendocino because commercial the depths where bocaccio are most allow only a 50 percent chance of fisheries (including fisheries for non- commonly found; and the closure of the rebuilding bocaccio within 170 years. groundfish species) and recreational California recreational fisheries south of NMFS admits that this bocaccio harvest fisheries that incidentally catch 40°10′ N. lat. from January through June level violates its National Standard bocaccio would be severely curtailed or 2003. Guidelines and claims that the closed altogether for many years into the Data collected by observers in the Guidelines do not address the bocaccio future. commercial fishery support this situation. Although we believe that the Comment 3: NMFS violates the opinion. From September 1, 2001 to National Standard Guidelines Magnuson-Stevens Act by proposing the August 31, 2002, prior to implementing themselves violate the Magnuson- same cowcod OY as in previous years. the rockfish conservation area, a total of Stevens Act, NMFS cannot simply NMFS has not adequately assessed 322 lb (146 kg) of cowcod were weighed dismiss those Guidelines. whether the amount of cowcod discard by NMFS observers on limited entry Response: In the revised bocaccio that is occurring is above or below the trawl trips, south of 40°10′ N. lat., where rebuilding analysis prepared following 4.8 mt OY. Finally, NMFS has failed to some groundfish was retained. When the June 2002 Council meeting, the address the fact that its prohibition of expanded to account for sub-sampling bocaccio stock failed to have a 50 cowcod landing and retention is not of some tows, the estimated total percent probability of rebuilding by being complied with in practice the cowcod catch on these observed trips is TMAX, even in the absence of fishing. FEIS shows 0.8 mt of cowcod landed in 751 lb (341 kg), in association with NMFS subsequently prepared a 2001, the first year in which cowcod 745,162 lb (338 mt) of retained sustainability analysis for bocaccio retention and landings were prohibited. groundfish. Using the average tow depth rockfish to determine the fishing rates Response: NMFS believes that the recorded by the observers as the that would lead to no further decline in ABC/OY alternatives presented in the measure of fishing depth, 95 percent of abundance over a specified time frame. FEIS represent a reasonable range of the weighed cowcod and 93 percent of The sustainability analysis shows that a alternatives. Under each alternative, a the expanded cowcod catch occurred on harvest level of ≤20 mt would provide full suite of ABC/OYs for all managed tows within the depth ranges upon a 50 percent probability for the stock to species were considered. For cowcod, which the 2003 rockfish conservation rebuild in 170 years, with a high where no new stock assessment area is based. No attempt has been made probability (≤80 percent) of no further information was available, the outcome yet to extrapolate these results to the

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entire limited entry trawl fleet, in terms Standard 1 of the Magnuson-Stevens little if any benefit to fishers. Because of either the total amount or depth Fishery Conservation and Management POP is a slope species and is found in distribution of all cowcod bycatch. Act NOAA Technical Memorandum similar areas as darkblotched rockfish, However, they may serve as a general NMFS-F/SPO-ιι July 17, 1998) is that measures to protect darkblotched indicator of the depth-distribution of the target rebuilding time not exceed the rockfish reduce the availability of POP cowcod bycatch and the potential midpoint between the minimum and to the commercial fishery. The best effectiveness of the conservation area. maximum possible rebuilding times available data on December 31, 2002 The source of all 1,764 lb (800 kg) of (Tmid). indicates that only about 50 percent of cowcod landings in 2001 is unclear at A draft rebuilding analysis was the available OY for POP was landed in this time. A small amount (100 lb, 45 prepared in May 2001 and presented to 2002. With the 2003 conservation areas, kg) of the cowcod appear to have been the Council at its June 2001 meeting. there will likely be fewer opportunities retained during NMFS survey cruises This draft analysis was revised by for vessels to directly or indirectly take where research catch is sold to offset the NMFS in August 2001 and was adopted POP, therefore there would be no survey costs. The reminder is most by the Council at its September 2001 benefit to fishers from raising the OY. likely attributable to fishers mis- meeting. The new analysis indicated Comment 6: The yelloweye rockfish identifying the species and landing that the stock was more depleted than OY is 63 percent higher than in 2002. them as part of other market categories. originally estimated (12 percent vs 22 While the agency suggests that When those categories are sampled for percent of unfished biomass,) and that yelloweye rockfish is in better shape species composition and cowcod are the stock could not be rebuilt within 10 than it was a year ago, the higher OY found, the ratio of pounds of cowcod to years as was previously thought. results in a rebuilding period that is 15 total pounds is then applied to the Therefore, the OYs since 2002 reflect an years longer than it would have been entire market category for that sampling extended rebuilding trajectory. under 2002 harvest levels. unit (gear/period/port group) to estimate The 2002 OY of 168 mt, was based on Response: For 2002, the ABC for the total amount of cowcod that were a 70 percent probability of rebuilding yelloweye rockfish was set in landed. The cowcod landings in 2002 the stock to MSY by TMAX. This is acknowledgment that this stock would were further reduced over 2001. equivalent to a TTARGET of 2034. The be designated as overfished and was Comment 4: One commenter stated 2003 OY of 172 mt is based on the based on the recommendation from the that the OY for darkblotched rockfish rebuilding analysis, which has a 80 stock assessment author and the Stock was too low because it was based on an percent probability of rebuilding the Assessment Review Panel that reviewed 80 percent probability of rebuilding by stock to MSY by TMAX. This is the assessment. The Council adopted a Tmax, suggesting that a 60 percent equivalent to a TTARGET of 2030. The total catch OY for yelloweye rockfish probability of rebuilding by that date Council recommended and NMFS that was based on a precautionary was a reasonable standard for meeting agrees, that an OY of 172 mt for 2003 adjustment of 50 percent of the rebuilding requirements. Conversely, provides a reasonable balance between specified ABC. another commenter stated that the OY the length of time for rebuilding the On January 11, 2002, yelloweye level for darkblotched was too high stock and the adverse economic impacts rockfish was declared overfished (67 FR because it is higher than catch limits to the limited entry trawl sector. The 1555). At the Council’s June 2002 that were in force in 2001. This second projected darkblotched biomass increase meeting, an initial yelloweye rockfish commenter also notes that the 2003 results in a higher OY even though the rebuilding analysis, based on the 2001 specifications claim a higher likelihood rebuilding time is shorter. assessment, was prepared and of rebuilding than claimed in the 2002 Comment 5: The OY for Pacific ocean presented. The development of specifications. perch (POP) is too low because it was rebuilding measures for yelloweye Response: The goals of rebuilding based on a 70 percent probability of rockfish was hampered in this process programs are to achieve the population rebuilding by Ttarget. A 60 percent because this assessment did not cover size and structure that will support probability of rebuilding by that date is waters off the coast of Washington. In MSY within a specified time period a reasonable standard for meeting August 2002, an updated assessment while minimizing to the extent rebuilding requirements. was completed in order to incorporate practicable, the social and economic Response: In 2001 the POP rebuilding data from Washington, an important impacts associated with rebuilding, analysis was updated with the most area of yelloweye rockfish abundance, including adverse impacts on fishing recent scientific information. In 2002, and to incorporate newly available age communities. the OY of 350 mt reflected a 70 percent data. NMFS guidance on rebuilding plans probability of rebuilding by the year The assessment update concluded specifies that the minimum possible 2042. For 2003, three OYs based on the that the coastwide yelloweye rockfish time to rebuild is the time to rebuild in most recent rebuilding analysis and spawning female biomass was at 24.1 the absence of fishing. For darkblotched corresponding to 50, 70, and 80 percent percent of its unfished biomass at the rockfish, the minimum time to rebuild probabilities of rebuilding the stock by beginning of 2002. This is in contrast to is 14 years (2014). The mean generation the year 2041 were presented to the the 2001 assessment that estimated that time for darkblotched rockfish is 33 Council. The Council recommended OY yelloweye rockfish was at about 7 years, therefore the maximum allowable of 377 mt which corresponds to a 70 percent of its unfished biomass in time to rebuild would be 47 years percent probability of rebuilding the waters off northern California and at 13 (2047). In determining the target stock by 2041. This OY was chosen percent of its unfished biomass in rebuilding time period NMFS guidance because it was consistent with the waters off Oregon. A new rebuilding recommends that the target rebuilding interim rebuilding strategy adopted by analysis was prepared following time be shorter than the maximum the Council in prior years. completion of the 2002 assessment. Due allowable time. The recommended NMFS agrees with the Council’s to the less depleted stock status and default in section 3.4 of the technical recommendation, and believes that higher productivity estimated by the guidance document (Technical increasing the OY for POP to a level that updated assessment, the rebuilding Guidance On the Use of Precautionary corresponds to a 60 percent probability period is shorter than had been initially Approaches to Implementing National of rebuilding the stock by 2041 provides estimated. The estimated year to rebuild

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in the absence of fishing is 2027, while Council’s SSC and that setting the by the Council for the reasons the target rebuilding year associated higher OY was unjustified. previously stated. with a 22 mt OY for 2003 is Response: In estimating the current Comment 9: NMFS has failed to 2052(TMID). Selecting an OY that biomass, NMFS used a medium level compensate for overharvest in past corresponds to TMID is consistent with recruitment assumption of a recent years’ fisheries in proposing harvest NMFS guidance on rebuilding plans. (1999) large year class. The medium limits for 2003. In its proposed rule at NMFS believes that the Magnuson- recruitment level was considered to be 68 FR 953, NMFS discussed overfishing Stevens Act requires that the Council risk neutral. The U.S. ABC of 188,000 that had occurred in 2001, but not in and NMFS meet the conservation needs mt is 80 percent of the coastwide ABC. 2002, claiming that landings data was of the stock (National Standard 1), and The U.S. whiting OY is 148,200 mt not available at the time of the also consider the needs of fishing which is 80 percent of the coastwide OY publication of the proposed rule. A full communities (National Standard 8). A (185,325 mt) and is based on the month has passed since the end of 2002, lower rebuilding OY, which would application of an F45% harvest rate, therefore, NMFS will violate the further reduce the potential income of reduced by the Council’s default Magnuson-Stevens Act if it fails to the fishers is not required. rebuilding 40–10 harvest rate policy. consider 2002 catch data in making its Comment 7: One commenter stated Under the 40–10 harvest rate policy, the final decision on the 2003 that the sablefish should be set higher, OYs of stocks that are below B40% specifications. at 8,187 mt, which would be based on abundance are set at increasingly more Response: Each year since 2000, recruitment changes affected by conservative rates the farther they are NMFS has provided a brief report environmental conditions, the default below B40%. within the preamble to the proposed MSY proxy, and the Council’s harvest The SSC advised the Council to be rule on whether overfishing occurred on control rule. Failing to base the sablefish precautionary when setting the Pacific any groundfish species in the last year OY on environmental conditions ignore whiting OY and not increase it over the for which data was available. This the best available science, which show 2002 harvest level (U.S. OY for 2002 report is not a required part of the that environmental conditions affect was 129,600 mt) until a new assessment preamble to the specifications and is stock status. Conversely, another was conducted. However, the Council simply provided as an update for the commenter stated that the sablefish OY indicated that the medium harvest level, public. The commenter has taken a is 30 percent higher than that 148,200 mt (13 percent increase over sentence from that report and revised its recommended by the Council’s 2002), based on the 2003 projected context so as to accuse the agency of Allocation Committee, saying that the biomass with an F45% harvest rate failing to consider 2002 data in crafting higher amount is not justified. proxy was sufficiently precautionary, specifications and management Response: The SSC indicated that the because the risk neutral medium measures for 2003. The Council and its medium and high OYs were relatively recruitment assumption and a more participating state and Federal agencies risk-prone and advised the Council that conservative harvest rate proxy were consider all available data, including caution should be used when setting the applied. The ABC for a species or catch data from the current fishing year 2003 harvest levels. The 5,000 mt OY, species group is generally derived by when devising specifications and as recommended by the Council’s ad multiplying the harvest rate proxy by management measures for the upcoming hoc Allocation Committee, was the biomass to forecast the amount of fishing year. consistent with the Scientific and harvest available to the fishery. Because To the extent that they were available, Statistical Committee (SSC) of expected whiting biomass growth in data from fisheries conducted during recommendation because it addressed the coming years, this will result in a 2002 were used in evaluating 2003 uncertainty in the assessment relating to short-term increase in the OY. However, management options for all fleets the different states of nature. the more precautionary harvest rate targeting groundfish. Inseason After deliberations, the Council proxy is expected to increase the comparison of trawl bycatch projections recommended OY of 6,500 mt which is rebuilding rate and reduce the risk of with reported landings during the first a 7,455 mt OY, based on a 40/10 declining back into an overfished state four months of 2002 resulted in adjustment to the ABC, with an because whiting is a highly productive adjustments to the expected target additional 1,000 mt precautionary species. species landings of vessels within the reduction. The Council based its The Joint Canada-U.S. Review Panel 2003 model. Additionally, because trawl recommendation on the SSC’s advice to on the Stock assessment of the Coastal landings of bocaccio during the first be precautionary because of assessment Pacific Hake/Whiting stock met in four months exceeded the total bycatch uncertainties, and because the sablefish February 2002 and prepared a report, projected for that timespan, bocaccio biomass is within the precautionary which was used by the Council and SSC bycatch rates were increased for range. While the OY is higher than that in recommending the Pacific whiting modeling the 2003 trawl fishery. recommended by the Allocation harvest levels for 2002. While both U.S. Recommendations for management of Committee, this OY is still considered to and Canadian review panel members the fixed gear, daily trip limit fishery for be risk averse rather than risk neutral. had a common interest in conducting sablefish also incorporated landings NMFS agrees with the Council’s sound technical review, they had during the first four months of 2002, in recommendation. different responsibilities in terms of the conjunction with catch rates over the Comment 8: One commenter stated type of advice expected by the Council previous three years. Early season that the whiting OY is too low and is set and Canadian Department of Fisheries landings in the recreational and at a harvest rate that is more and Oceans. Specifically, the review commercial fixed gear fisheries for conservative than the Council’s default panel recommended changing the nearshore rockfish were included in rate, which is unjustified. Another harvest rate to an F45% harvest rate and evaluating 2003 management, along commenter stated that the OY is selecting the harvest level bounded by with recent years’ landings. However, in contrary to the scientific advice of the the low and medium recruitment the region north of 40°10′ N. lat., U.S. Canada Review Panel. A third scenarios for the 1999 year-class. This participation is usually low early in the commenter stated that the whiting OY was a risk adverse policy year due to bad weather. As a result, was higher than recommended by the recommendation that was not adopted landings during this period are of

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limited use in evaluating the overall rebuilding overfished stocks.’’ National receiving and organizing VMS data. The adequacy of measures adopted for the Standard 1 requires fisheries agency expects to soon publish a entire year. While recreational and management measures to prevent proposed rule that would set out commercial fixed gear vessels are overfishing ‘‘while achieving, on a requirements for all limited entry usually more active in the region south continuing basis, the optimum yield vessels that fish for groundfish to carry of 40°10′ N. lat. early in the year, these from each fishery for the United States VMS. These proposed regulations groundfish fisheries were closed during fishing industry.’’ would undergo public review and two of the first four months of 2002, Response: The Magnuson-Stevens Act comment while the burden of increased restricting their usefulness. As data for contains ten National Standards that public reporting duties associated with May and June became available during characterize the nation’s primary VMS were also under public review and the summer, they were examined, and objectives for Federal fisheries Office of Management and Budget incorporated into 2003 projections management. National Standard 1 reads review under the Paperwork Reduction where appropriate. as follows: ‘‘Conservation and Act. If NMFS approves final VMS In this letter of comment, the management measures shall prevent regulations for implementation, the commenter refers to the Quota Species overfishing while achieving, on a agency expects that this system would Monitoring (QSM) system, asserting that continuing basis, the optimum yield provide much-needed data on the this system collects and reports data from each fishery for the United States locations and depths at which vessels within about two weeks of landings and fishing industry.’’ National Standard 8 fish. Such information would be subject is used for inseason management. This reads as follows: ‘‘Conservation and to Magnuson-Stevens Act comment expresses a common management measures shall, consistent confidentiality restrictions, but is confusion between the best available with the conservation requirements of expected to be very useful to NMFS science and the most recently available this Act (including the prevention of enforcement and science centers. Data science. The QSM system provides overfishing and rebuilding of overfished from the groundfish observer program estimates of total landings for managed stocks), take into account the and from the VMS program are expected species that are used for inseason importance of fishery resources to to notably improve NMFS scientific fishery monitoring to show managers fishing communities in order to (A) information on West Coast groundfish general fishery trends, such as whether provide for the sustained participation and groundfish fishing activities. Data a particular species is being landed at of such communities, and (B) to the from the NMFS observer program will higher or lower amounts than the extent practicable, minimize the adverse enhance the agency’s ability to estimate previous year or cumulative limit economic impacts on such the total catch of not only bycatch period. QSM data is not used in stock communities.’’ Balancing these two species, but target species, as well. assessments because assessments national standards is at the heart of the Appropriate application of observer require more accurate and specific challenge faced by NMFS and the discard data to entire fleets requires landings data, data that comes from Council in managing West Coast substantial data review and modeling; fishtickets. Data from fishtickets is also groundfish fisheries. National Standard this work is now underway. needed and used to predict individual 8 does recognize the importance of Comment 12: Three commenters vessel behavior within different fishing communities, but it makes that discussed the current model for bycatch management scenarios. Information recognition while reminding managers analysis and suggested that NMFS needs from fishtickets, which detail the of their obligation to prevent overfishing to update and improve the data used in landings of individual vessels, is not and rebuild overfished stocks. that analysis. In particular, the available until several months after the commenters were critical of the use of Bycatch and Discard landings recorded by those fish tickets trawl logbook data in the current were made. Accurate landings data from Comment 11: The 2003 groundfish bycatch analysis, saying that the data is fishtickets represents the best available management measures are a complex old and does not accurately reflect scientific information about how combination of trip limits and depth- current fishing patterns. Commenters landings of the different groundfish based closures; however, the agency also suggested that NMFS incorporate species are distributed between various lacks much of the scientific information observer data into its bycatch rate ports coastwide. Landings levels needed to ensure the success of this analyses, and use that data to check its predicted by the QSM system represent management scheme. The agency must bycatch rate assumptions for 2003. One only the most recently available establish an accurate accounting system of these commenters further noted that information on general landings trends to measure total catch and must the bycatch model only addresses the and cannot substitute for the accuracy establish a monitoring system to trawl fisheries and asked that NMFS and specificity of fishticket landings measure the depths at which the conduct a review of its data sources on data. different species are caught. We fully fishing-related mortality and update the Stock assessments conducted during endorse the use of vessel monitoring FMP to specify the types of data needed 2002 were initiated very early in the systems (VMS) to both enforce depth- to improve estimates of total mortality. year, and were completed by April. based closures and to provide much- Response: NMFS agrees that the Catches are specified in the models on needed data on the catch locations for bycatch model needs to be updated and an annual basis, and given the Council’s particular species. needs to incorporate observer data, and ability to respond to early trends Response: NMFS agrees. The the agency and the Council are working through use of inseason adjustments, it groundfish management measures are toward those ends. On January 27–29, would not have been appropriate to certainly complex and will require 2003, the Council’s SSC sponsored a have modified the models’ assumptions monitoring systems to both enforce workshop to review the bycatch model regarding expected 2002 catch, based on regulations and to provide scientific and the data sources for that model. The only 2 months of landings data. information on the effectiveness of the SSC plans to evaluate the report of the Comment 10: We disagree with regulations at protecting overfished workshop review panel at its March NMFS’s statement that ‘‘[N]ew groundfish species. NMFS is 2003 meeting, which will be held leglisative mandates . . . gave highest investigating VMS units and preparing concurrently with the Council’s March priority to preventing overfishing and its computer database facilities for 9–14, 2003 in Sacramento, California,

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and provide the Council with its locations of the non-trawl and groundfish fishery with a discard caps recommendations at the April 2003 recreational fleets in addition to program, there is no data collection Council meeting. NMFS believes that improvements in trawl fishing location system in place, nor is there likely to be this SSC review is an important step data. If NMFS is able to approve the in the near future, on which to base a toward improving the bycatch model to VMS system regulations discussed system of discard caps. NMFS will be better support groundfish management. above in the response to Comment 11, analyzing discard caps more fully in its NMFS agrees that observer data from the agency expects that its data on the Supplemental Programmatic the new NMFS West Coast groundfish locations and depths at which vessels Environmental Impact Statement, a observer program needs to be fish will be markedly improved. While preliminary draft of which should be incorporated into the bycatch model. the VMS regulations would initially available for public review in late Before using the data for inseason apply to limited entry vessels fishing for summer 2003. management, NMFS must first review West Coast groundfish, NMFS West Coast groundfish management the data for potential sources of bias anticipates expanding these uses a similar management tool that has and, in conjunction with the SSC, requirements to commercial passenger been adapted to account for the determine the most appropriate fishing vessels (recreational charter relatively data poor conditions in the methods for incorporating the new data boats) and to the open access groundfish West Coast groundfish fishery. The into the bycatch model. On January 30, fleet. bycatch model, which is currently 2003, NMFS released its first report on NMFS agrees that the current bycatch under scientific review as discussed observer program data. The observer model only addresses the groundfish earlier in this section, estimates the program began in August 2001 and this trawl fleet. During development of the amounts of overfished species that will new report provides data from the model, bycatch rate data were be taken in fisheries targeting more August 2001 through August 2002 unavailable for other fleets that catch abundant stocks. These estimates are period. NMFS Northwest Fisheries groundfish. The NMFS observer stratified over the months of the year, Science Center is currently determining program is collecting data from non- because historic data has shown that how best to integrate the new observer trawl fishery participants. As more data groups of groundfish species are taken data into the model. Results from the become available, it is the agency’s in different combinations at different first year of the observer program’s intent to expand the bycatch model to times of the year. Estimated bycatch and activities are available online as the include other gear types. With respect to discard of overfished species is West Coast Groundfish Observer the comment that NMFS needs to monitored through the catch and Program Initial Data Report and conduct a review of its data sources on landings levels of targeted species. For Summary Analyses at http:// fishing-related mortality, NMFS refers example, NMFS will monitor the www.nwfsc.noaa.gov/ fram/ Observer/ the public to the NMFS Northwest amounts of Dover sole and sablefish datareport.htm. Fisheries Science Center’s 2002 landed to estimate the amount of NMFS also agrees that logbook data Groundfish Research Plan in 2002, darkblotched rockfish discard in that should not be a primary data source for which is available online at http:// sector of the fishery. Darkblotched the bycatch rates used in the model, www.nwfsc.noaa.gov/ fram/ rockfish is a deepwater rockfish species although the agency notes that logbook GFresearchplan.htm. Among other incidentally taken with Dover sole and and fish ticket data are likely to remain things, the Groundfish Research Plan sablefish. The Council recommends integral to projecting fleet behavior provides planning goals for adjustments to the trip limits and/or within the bycatch model. One investigating bycatch and discard, and closures of different sectors of the commenter noted that fishing strategies how these contribute to total groundfish fishery if the OYs for overfished species have changed since the 1999 logbook mortality. are estimated to be approached. In 2002, data used in the model became Comment 13: NMFS has refused to for example, the Council learned at its available. While it is true that fishing seriously consider the alternative of June meeting that it had not accounted strategies have changed, the 1999 managing the fishery under a system of for darkblotched rockfish taken south of logbook data are used to show co- discard caps, under which the fishery 40°10′ N. lat. when it developed the occurrence between the more abundant would be closed if a certain amount of 2002 specifications and management targeted stocks and overfished stocks discard occurred. measures. To prevent the deepwater during a period when fishing was less Response: NMFS has refused to fisheries from exceeding the restricted. Fishery managers need to seriously consider the alternative of darkblotched rockfish OY, the Council know how co-occurrence ratios looked managing the fishery under a system of reduced trip limits for deepwater during less restrictive fishing periods in discard caps, under which the fishery species in July and August and order to better craft fishing restrictions would be closed if a certain amount of recommended area closures in waters that will reduce interceptions of discard occurred. where darkblotched rockfish is overfished species. Another commenter ‘‘Discard caps’’ generally refers to a commonly found for September- noted that logbooks only show the management tool whereby an entire December. NMFS implemented the beginnings of tow locations, not the fishery, or fishing by an individual Council’s July-August recommendation, direction and duration of the tows. vessel, is halted when discard quotas for but found in investigating its NMFS and the Council need more designated species are reached. September-December recommendation accurate information on where trawl Administration of such a system that darkblotched rockfish are more vessels are fishing throughout their requires real-time information on likely to be taken by vessels targeting tows. However, individual trawl tows discards as the fishery progresses, either deepwater species in September than in may last for hours and encompass a through comprehensive, direct the summer or winter months. Thus, wide range of depths. Consequently, observation by fishery observers, or by NMFS closed deepwater trawl fisheries even complete information regarding a combination of observer and landings in September and implemented area the path of any tow would not eliminate data that can be extrapolated to yield a closures for October-December via an all ambiguity on where particular reliable estimate of discards. While emergency rule. species were caught. NMFS also needs NMFS has not ‘‘refused to seriously NMFS began its observer program in more information on the fishing consider’’ managing the Pacific Coast August 2001 and, as mentioned above,

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has just reported its first results. provide groundfish observer program deliberating whether to continue to However, the observer program does not requirements and regulations for the allow spot prawn trawling. The have the resources to provide observer West Coast groundfish fishery. For possibility that California may not close data to managers for real-time fishery further information on the West Coast its spot prawn trawl fishery is of great management. The agency expects that groundfish observer program, the concern to NMFS. NMFS has sent a integrating observer data into the observer coverage plan, and the first letter to the Commission reminding it bycatch model and recalibrating the year of groundfish observer program that California Department of Fish and model with that data will significantly data, please see: http:// Game employees participating in the improve NMFS and Council ability to www.nwfsc.noaa.gov/ fram/ observer/ Council process had estimated estimate bycatch and discard in the datareport.htm. California’s commercial fishery catch of West Coast groundfish fishery. These Comment 15: One commenter stated bocaccio on the assumption that the changes will still not allow NMFS to that NMFS has failed to take adequate spot prawn trawl fishery would no implement a discard cap management account of the bycatch occurring in the longer exist in 2003. In that letter, program, which as mentioned earlier, pink shrimp and prawn fisheries, in NMFS told the Commission that if it did requires real-time observer program order to ensure that total mortality of not prohibit fishing for spot prawns data. No one management tool is overfished groundfish species does not with trawl gear, NMFS and the Council suitable for all fisheries, thus NMFS and exceed the level necessary to meet would be forced to consider additional the Council must craft management overfished species rebuilding constraints on California groundfish tools suitable to the West Coast requirements. A second commenter fisheries to offset the bycatch expected groundfish fisheries and to the scientific expressed concern about the potential if the spot prawn trawl fishery information available on West Coast bycatch of several overfished species in continues. In addition, if the spot prawn groundfish and groundfish fisheries. As the spot prawn trawl fisheries. This trawl fishery were to occur, it would be suggested by another commenter in commenter also noted that these are not prohibited in the trawl Rockfish Comment 12, NMFS should be federally-managed species and that Conservation Areas (RCAs). evaluating its data sources on bycatch therefore, the NMFS expectation that Comment 16: For several fisheries, and discard and setting goals for the spot prawn trawl fisheries will close NMFS and the Council have improving both data gathering and data in 2003 may not be correct. If the spot underestimated the amount of bocaccio evaluation through models like the prawn trawl fisheries are not closed, bycatch that may be expected to occur, bycatch model. In this manner, the NMFS and the Council may have particularly: the open access fisheries, agency will improve its ability to craft underestimated overfished species the California set gillnet fisheries, the management tools specific to the bycatch in those fisheries. limited entry flatfish trawl fishery, and groundfish fishery and its needs. Response: The second commenter is the California halibut trawl fishery. Comment 14: The same commenter correct in saying that the pink shrimp Response: The commenter details that stated that NMFS had failed to and spot prawn trawl fisheries are state- several points where data on the above- consider discard caps also stated that managed fisheries. Each of the three listed fisheries may be insufficient to NMFS has failed to establish adequate coastal states has a seat on the Council, properly estimate bycatch or where bycatch assessment requirements for the however, and is an active partner in historic bycatch estimates are higher fishery. This commenter noted that coastwide efforts to protect overfished than the bycatch levels expected in there are no bycatch assessment groundfish fisheries. Oregon 2003. In discussing the open access requirements contained in the proposed Department of Fish and Wildlife) fisheries, the commenter notes that specifications. (ODFW) has been cooperating with the bocaccio landings by the open access Response: The groundfish Oregon shrimp fleet to experiment with fleet were higher in 1999 (22.8 mt) than specifications and management different types of Bycatch Reduction estimated for all fisheries in 2003. measures annually set harvest limits Devices (BRDs) since 1994. Vessels Bocaccio were declared overfished in and management measures that participating in state pink shrimp trawl March 1998, with the first management constrain the fisheries such that they are fisheries are now required to carry BRDs measures to reduce bocaccio take permitted to achieve harvest levels for to participate in those fisheries, introduced in 2000. Since bocaccio was more abundant stocks while still significantly reducing their groundfish declared overfished along with lingcod ensuring that harvest levels for and other finfish bycatch. NMFS and Pacific ocean perch, six other West protected stocks are not exceeded. As particularly appreciates the initiative Coast groundfish species have been discussed earlier in this section, OYs of the states and the pink shrimp industry declared overfished. West Coast more abundant stocks are often not have taken to design and test these groundfish management in 2003 is reached because harvest is constrained BRDs, allowing a lucrative fishery to radically different from that of 1999. or closed to protect overfished stocks. In remain open while still reducing its NMFS has used 1999 logbook data as a any case, the annual specifications and bycatch of overfished groundfish reference to how overfished species management measures process is not species. interact with more abundant species intended to address every aspect of In all three states, spot prawn is taken during a relatively less restrictive groundfish fishery management. with pot gear, a gear with very low fishing regime. The 2003 fishery However, it is incorrect to assert that bycatch rates, and has also been targeted management regime is considerably NMFS has failed to address bycatch with trawl gear. Washington State has more restrictive than that of 1999 and assessment requirements altogether eliminated its spot prawn trawl fishery. 1999 bocaccio landings are not an simply because bycatch assessment Oregon has three vessels participating in accurate estimate of bocaccio harvest requirements are not part of the annual the spot prawn trawl fishery, which it expected to occur in 2003. Limited entry specifications and management had allowed as an experimental fishery. and open access commercial fisheries measures regulatory package. Bycatch ODFW employees have indicated that and recreational groundfish fisheries assessment requirements are part of this experimental use of trawl gear have been under ever more restrictive NMFS’s permanent Federal regulations would end as of January 1, 2004. NMFS management regimes in each year since at 50 CFR part 660.360, implemented at understands that the California Fish and 1999, such that 2003 management 66 FR 20609, April 24, 2001, which Game Commission (Commission) is measures include more restrictive trip

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limits for co-occurring species, shorter Comments on Fisheries Regulations in nontrawl gear conservation areas. season lengths, higher bycatch rate Comment 17: One commenter stated Albacore and salmon fishing with hook- assumptions, and large-scale RCAs that the groundfish conservation areas and-line gear are permitted in the where groundfish fishing is prohibited are not closed to all fishing, providing conservation areas. Bottom longline or otherwise restricted. the example that some trawling is fisheries like the nontreaty halibut fishery, where overfished groundfish In the commenter’s discussion of the allowed in the trawl RCAs and that species are more likely to be taken, will California set gillnet fishery, the some nontrawl gear fishing is allowed in be prohibited within the nontrawl commenter assumes higher bycatch the nontrawl gear RCAs. This conservation areas. The conservation levels than those estimated by NMFS by commenter stated that NMFS has failed to justify providing these exceptions to areas are not closed areas wherein all comparing historic fishery data (1996– fishing of any type is prohibited; rather, 1999) with those estimates. As the the conservation area restrictions. Another commenter wrote to support they are conservation areas wherein commenter notes, several new fishery fishing activities expected to take depth-based management in general. restrictions have been implemented by overfished species are prohibited or California and by NMFS since those Response: NMFS appreciates the opportunity to clarify this situation. The restricted. years. It is not reasonable to expect that Comment 18: We object to fisheries State of California has created the overfished species catch and discard regulations that prohibit the possession California Rockfish Conservation Area levels will be the same under the 2003 of fish in excess of trip limits and that (CRCA), which is an area south of 40°10′ management regime as they were under force vessels to continuously offload N. lat. that is closed to fishing for the significantly less restrictive their catch. Prohibiting the possession groundfish between 50 fm (91 m) and management regimes of the late 1990s. of fish in excess of trip limits puts 150 fm (274 m). The CRCA has several processors in jeopardy of citation. In discussing the limited entry flatfish exceptions for different gears in trawl fishery, the commenter compares Processors must often offload fish in different areas and an additional closure order to determine whether trip limits estimates of bocaccio bycatch from a in the northern portion of the CRCA to California application for an exempted have been exceeded and how to deal protect darkblotched rockfish north of with that excess fish. We suggest that fishing permit (EFP) to estimates of the 38° N. lat. California proposed this bocaccio bycatch in the limited entry possession of fish in excess of trip limits CRCA to the Council and the Council be permitted in cases where state or flatfish trawl fishery. California has adopted the regulatory provisions of the Federal officials are alerted to that decided not to pursue this EFP. CRCA for recommendation to NMFS as possession within 96 hours of the start Nonetheless, estimates of overfished part of its 2003 groundfish management of the possession. species bycatch for EFPs are intended to measures package. NMFS felt that a Response: Federal groundfish be some relatively high, liberal amount large closed area with several open areas regulations have prohibited the ‘‘taking that would allow the EFP to remain inside it would be both confusing to the and retaining, possessing or landing’’ of open for as long as possible without public and inconsistent with the groundfish in excess of trip limits since jeopardizing rebuilding and do not Council’s management the 1980s. Federal regulations do not necessarily reflect expected bycatch recommendations for waters north of require vessels to continuously offload ° ′ amounts. Estimates of bycatch in 40 10 N. lat. Thus, NMFS has their catch; rather, the regulations directed fisheries are based on the implemented a trawl-specific rockfish require that once offloading is begun, all bycatch model, which looks at historical conservation area (RCA) that is bounded fish on board the vessel be recorded on co-occurrence rates between the more between 50 and 250 fm (91 and 457 m) the same landings receipt and/or fish abundant targeted stocks and overfished from 40°10′ N. lat. south to 38° N. lat., ticket. Processors are not in any more species. Further, directed limited entry between 50 fm and 150 fm (91 and 274 jeopardy of prosecution for possession trawling would occur within a more m) from 38° N. lat. south to 34°27 N. of trip limit overages than they ever restricted area than had been planned lat., and between 100 fm and 150 fm have been. NMFS and state enforcement for the flatfish EFP, which would tend (183 and 274 m)from 34°27 south to the officers will continue to expect fishers to lower bycatch rates for that directed U.S. border with Mexico. Within that and processors to report trip limit fishery. Federal RCA, the only trawling overages and to forfeit those overages to permitted is pink shrimp trawling with The commenter’s concerns with the the state in which they are landed. BRDs. These regulations have the same Possession of trip limit overages, California halibut fishery are of interest effect as the California recommendation whether reported or not, is a violation to NMFS and the Council. The Council to close all trawling south of 40°10′ N. of Federal law, but enforcement of that has received conflicting reports on the lat., except that pink shrimp trawling prohibition is dealt with far differently type and level of bycatch occurring in with BRDs would be allowed and that for those persons who are found to have this fishery. NMFS notes that California trawling inshore of 50 fm (91 m) would possessed such overages without halibut trawling would be under the be allowed between 40°10′ N. lat. and reporting them. NMFS and state same conservation area restrictions as 34°27′ N. lat. and inshore of 100 fm (183 enforcement continue to need an avenue limited entry trawling, which are m) south of 34°27′ N. lat, and except for prosecuting fishers and processors designed to move trawlers away from that trawling would further be that retain trip limit overages without areas where bocaccio commonly occur. prohibited between 150 fm (274 m) and reporting and forfeiting those overages. These area restrictions are expected to 250 fm (457 m) between 40°10′ N. lat. Although the agency appreciates the result in lower incidental bocaccio take and 38° N. lat. The NMFS regulations commenter’s concern for the ability of in the California halibut trawl fisheries. for conservation areas south of 40°10′ N. processors to comply with Federal law, In its review of bycatch and discard data lat. are consistent with those for north NMFS will not be loosening this Federal sources, NMFS will be looking at of 40°10′ N. lat. in that the regulations restriction. information on all fisheries in which implement different closed areas for Comment 19: The trawl trip limit groundfish are taken, including the trawl and nontrawl vessels. table for north of 40°10′ N. lat. lists an California halibut open access trawl The commenter correctly notes that incorrect trip limit for yellowtail fisheries. some nontrawl gear fishing is permitted rockfish when taken as bycatch in the

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flatfish fisheries. The currently listed Response: As detailed in the Council’s its implicit conclusion that large limit of 3,000 lb (1,361 kg) per month FEIS for this action, the vast majority of footrope trawling will not impact should be 30,000 lb (13,608 kg) per midwater trawling for groundfish off the deeper-water overfished species such as month. Trip limit tables discussed and West Coast targets Pacific whiting. darkblotched rockfish. adopted at the Council’s September Other than Pacific whiting, there are Response: The commenter has meeting showed incidental yellowtail small allowances for yellowtail and incorrectly characterized NMFS rockfish catch levels of 30,000 lb widow rockfish when taken with regulations. Large footrope gear may be (13,608 kg) per month. NMFS changed midwater gear in association with used only seaward of the trawl RCAs this catch limit after the Council Pacific whiting. There may also be and vessels are prohibited from taking, meeting with no public scrutiny and no directed yellowtail and widow rockfish retaining, possessing or landing shelf economic analysis of the effects of the fisheries with midwater gear in and nearshore rockfish and/or lingcod change. November-December 2003, if total catch when large footrope gear is on board the Response: In its motion on groundfish estimates for these and associated stocks vessel. While prohibiting the use of management measures, the Council show that these fisheries may be held large footrope gear even seaward of the adopted the limited entry trawl trip without risk of exceeding the OYs of conservation areas could improve limits shown in the Council’s Exhibit any species. These fisheries will not enforceability of the regulations, NMFS C.3.v., Supplemental GMT report, at proceed if there are not sufficient concluded that the benefit provided by pages 4–5. Unfortunately, that table is portions of the OYs remaining to allowing the harvest of Dover sole, unclear on the trip limit for yellowtail accommodate expected catch. NMFS sablefish, and thornyheads in areas of rockfish when taken as bycatch in the does expect that midwater trawling will lowest bycatch of overfished species flatfish fisheries. The table shows the result in widow rockfish, an overfished outweighed enforcement difficulties. yellowtail rockfish limit when taken in species, being caught and landed. NMFS disagrees with the the flatfish fisheries as ‘‘3,000?’’ The However, NMFS does not expect that commenter’s assertion that the agency Council never clarified this limit in its the take of widow rockfish in the has implicitly concluded that large motion, but the Council’s post-meeting midwater trawl fisheries will jeopardize footrope trawling in deeper waters will newsletter mistakenly listed the limit as the rebuilding plan for widow rockfish not impact deeper-water species. NMFS 30,000 lb (13,608 kg) per month, because management measures for 2003 fully expects that fishing activities in perhaps based on the 2002 yellowtail have been designed to keep estimated deeper waters will result in deeper rockfish limit in the winter flatfish total widow rockfish mortality in water species being harvested. This fisheries, which was 30,000 lb (13,608 directed fisheries and as bycatch below expectation is illustrated by the trip kg) per 2 months. the widow rockfish OY. limits provided for deepwater species NMFS has reviewed January-April NMFS regularly documents bycatch such as Dover sole, sablefish, and 2002 trawl vessel-month landings of in the midwater trawl fisheries. The thornyheads. NMFS has been clear and yellowtail rockfish in combination with total catch by species in the at-sea open in stating its expectation that flatfish. A vessel-month represents the whiting fishery has been monitored by fishing activities will result in fish landings activities of a single vessel in observers since 1991. Each vessel harvest. In fact, the series of trip limits a single month. In 97 percent of the currently carries two observers, so and area management implemented by vessel-months in which flatfish were virtually all hauls are directly sampled this rule are intended to control where landed during January-April 2002, the and are figured into the total catch and when that harvest occurs. NMFS amount of yellowtail rockfish associated estimates. NMFS provides an has also been clear in its intent to with those flatfish landings was less aggregation of at-sea whiting bycatch in manage deepwater fisheries so that their than 3,000 lb (1,361 kg) and it was zero an annual report provided to the public interaction with overfished deepwater pounds (0 kg) over 80 percent of the at the April Council meeting. EFPs are species, darkblotched rockfish and time. Given the lack of clarity in the used in the shorebased whiting fishery Pacific ocean perch, is minimized. As table the Council used for its and the vast majority of shorebased discussed at length in the preamble to recommendations and the fact that the landings are landed unsorted, with a the proposed rule for this action, the 3,000 lb (1,361 kg) per month limit census of the catch taken upon landing. northern trawl RCA in particular was accommodated 97 percent of all Port samplers also monitor shorebased designed to move fishing away from yellowtail landings in association with whiting processing facilities. The State depths where these two species flatfish in January-April 2002, NMFS of Oregon reports on bycatch in the congregate, which is why it extends out does not believe that an increase to coastwide shorebased whiting fishery in to 250 fm (457 m) from 38° N. lat. to the 30,000 lb (13,608 kg) per month is an annual report, which is available U.S. border with Canada. warranted at this time. The Council will online at http://hmsc.oregonstate.edu/ Comment 22: We oppose the new have an opportunity to review odfw/ finfish/ wh/index.html. As management measure that prohibits groundfish trip limits and other documented in these reports, bycatch of vessels from having more than one type management measures at its April 7–11, overfished species other than widow of trawl gear on board and from having 2003 meeting in Vancouver, rockfish is at trace levels (fewer than both trawl gear and nontrawl gear on Washington. 0.01 kg per mt of whiting taken.) board. This prohibition is costly, Comment 20: The management Comment 21: NMFS failed to consider duplicative, and unnecessary because measures authorize considerable an obvious management measure to ban there are already groundfish landings midwater trawling, but NMFS has failed the use and carrying of large footrope limits based on the types of trawl gear to explain which overfished species trawl gear, rather than simply banning on board. may be negatively affected by midwater the landing of shelf rockfish by vessels Response: NMFS discussed this trawling and what those effects might carrying that gear. Large footrope trawl public request with representatives from be. Apparently the agency believes that gear may affect deeper-water species, the Council’s Enforcement Consultants, midwater trawling will not increase the which may be low-mobility, long-lived who had originally requested the mortality of overfished species beyond species that are more vulnerable to the measure to restrict vessels to carrying the levels necessary to rebuild those acute and chronic physical disturbance only a single gear type on board. The species as quickly as possible. of trawling. NMFS has failed to support Enforcement Consultants concluded

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that the combination of restrictions on to be closed or severely limited in order incorporated within that complex. the species of groundfish that could be to limit the overall take of bocaccio. Regulations for open access exempted landed with small versus large footrope Neither NMFS nor the State of trawl fisheries have been revised to gear and the requirement that vessels California now have a recreational clarify that no trawling for spot prawn fishing with large footrope gear operate fishery catch monitoring system that may take place within the trawl RCAs, offshore of the 250 fm (457 m) depth satisfactorily characterizes catches in regardless of whether groundfish is contour would remove opportunities these fisheries to allow inseason retained during fishing. and incentives for vessels to fish for monitoring and regulations revisions. Recreational fisheries regulations small footrope species with large However, NMFS is working with all have been revised to better clarify that footrope gear. NMFS and Enforcement three states to revise the current Marine bocaccio, cowcod, canary, and Consultants representatives also agreed Recreational Fisheries Statistical Survey yelloweye rockfish are prohibited with the commenter that there was so that it is more responsive to fishery species south of 40°10′ N. lat. and to likely no enforcement benefit in management needs. more clearly tie recreational fishing prohibiting the carrying of both trawl regulations to Federal regulations Changes from the Proposed Rule and non-trawl gear on board at the same designating the coordinate boundaries time. However, NMFS and the This final rule is revising Pacific of the Cowcod Conservation Areas. Enforcement Consultants Coast Groundfish Specifications and Federal recreational fisheries representatives were still concerned Management Measures for March– regulations for California north of 40°10′ about allowing vessels to carry trawl December 2003 set forth in the proposed N. lat. have been revised to match more gear permitted for use within the rule published in the Federal Register restrictive state recreational regulations conservation areas on board with trawl on January 7, 2003 (68 FR 936). This for bocaccio. In particular, minimum gear prohibited from use within the final rule includes changes made in a size limits for the total length and filet conservation areas, primarily because correction notice to the Specifications length of retained bocaccio were added. these gears are indistinguishable by and Management Measures The California state regulation has enforcement officers flying over vessels implemented via emergency rule for minimum size limits for bocaccio that fishing within the conservation areas. January–February 2003 (FR 68 4719, did not change between 2002 and 2003. Therefore, the prohibition against more January 30, 2003). Changes to the Federal recreational regulations for than one type of trawl gear on board has emergency rule included: clarification bocaccio in the north had the same been modified such that vessels fishing of commercial and recreational trip minimum size limits as California for within a conservation area with limits, a re-ordering of Yelloweye 2002, but neglected to include those size allowable trawl gear may not carry any Rockfish Conservation Area coordinates, limits in the 2003 proposed recreational other type of trawl gear on board. and revisions to Rockfish Conservation regulations. These size limits are Comment 23: The proposed rule Area boundary coordinates. Because included in this final rule. A limited incorrectly states that the California vessels may now, in some recreational fishery for bocaccio may recreational fisheries south of 40°10′ N. circumstances, have more than one type exist north of 40°10′ N. lat. because the lat will be closed entirely from January of trawl gear on board, NMFS is bocaccio stock north of 40°10′ N. lat. is through June 2003, when in fact they reinstating the 2002 regulation that genetically distinct from the overfished will be open in January and February for provides that the most constraining trip bocaccio stock south of 40°10′ N. lat. as California scorpionfish from shore to the limit for the gear on board applies to detailed in the 1999 stock assessment by 20 fm (37 m) depth contour. Bocaccio landings made on that trip. McCall et al. may be caught incidentally in these In addition, this final rule makes The Federal regulations at 50 CFR fisheries for California scorpionfish, changes as a result of public comments. 660.302 provide definitions for different thus recreational fishery management In response to public comments, NMFS terms used in groundfish regulation and measures should account for this has revised the prohibition set out in the management. In this final rule, NMFS is potential mortality source. proposed rule against the carrying of revising the definition of ‘‘Trip Limit,’’ Response: NMFS agrees that the more than one type of trawl gear and/ so that the definition at 50 CFR 660.302 preamble to the proposed rule or trawl gear and non-trawl gear on better matches the definition at Section incorrectly stated that all recreational board at the same time. Under modified IV.A.(1) of this document. NMFS has groundfish fisheries would be closed (14)(b)(iv), vessels will be permitted to also added new definitions for the terms January-June, neglecting to mention the carry both trawl and non-trawl gear on ‘‘Trawl Fishing line’’ and ‘‘Footrope’’ to January-February opening for California board at the same time, but when clarify gear regulations at 50 CFR scorpionfish. The agency’s mis- fishing within a conservation zone with 660.322, which discuss trawl footrope statement in the proposed rule allowable trawl gear will not be restrictions. preamble, however, does not indicate permitted to carry any other type of At 50 CFR 660.304(d), the coordinates new and/or unaccounted-for trawl gear on board. Vessels fishing listed in the proposed rule for the recreational fishing activity because this offshore or shoreward of the Yelloweye Rockfish Conservation Area scorpionfish fishing activity was conservation areas will be permitted to were correct but were listed in the accounted for in the Council’s carry both small footrope and large incorrect order such that they did not development of recreational fisheries footrope bottom trawl gear on board at form a recognizable ‘‘C’’ shape as restrictions. the same time. described. For the final rule, NMFS has The commenter raises an issue that is Tables 3–5 have been modified to re-ordered the coordinates so that they of concern to NMFS, improving provide minor editorial revisions and correctly outline this conservation area. estimates of catch and discard in the also clarifications to: the trawl trip limit The States of Washington and recreational fisheries. In 2000–2002, for yellowtail rockfish; the allowance for California submitted revisions to the California’s recreational fisheries mid-water trawl vessels to fish for coordinates designating the boundary management measures were not whiting in the conservation area during lines to the trawl and non-trawl RCAs. restrictive enough to adequately the primary whiting season; the minor Changes effective with the correction constrain the fishery’s bocaccio catch. In slope rockfish limit in the North so that document to the emergency rule all three years, commercial fisheries had splitnose rockfish is clearly affected the following boundary lines:

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50 fm (91 m) depth contour between and 38° N. lat. which may be fishing off the West Coast, fishers must 40°10′ N. lat. and 34°27′ N. lat., 60 fm implemented inseason during 2003, and comply with the boundaries of the RCAs (110 m) depth contour between 40°10′ 250 fm (457 m) depth contour north of as designated by the coordinates, not the N. lat. and 34°27′ N. lat., 100 fm (183 38° N. lat. used during cumulative fathom curves. m) depth contour north of 40°10′ N. lat., periods 2–5. Additionally, the State of 100 fm (183 m) depth contour south of California plans to submit revisions to I. Final Specifications 34°27′ N. lat., 150 fm (274 m) depth the boundary line coordinates for the ° ′ Final fishery specifications include contour south of 40 10 N. lat., and the line approximating the 50 fm (91 m) ABCs, the designation of OYs (which Winter Petrale Boundary. NMFS is depth contour south of 40°10′ N. lat. and may be represented by harvest implementing additional changes to to the Winter Petrale Boundary north of guidelines (HGs) or quotas for species RCA boundary coordinates through this 40°10′ N. lat. These changes to that need individual management), and final rule. The following boundary lines boundary coordinates were intended to are affected by these revisions: 60 fm make the boundary lines more closely the allocation of commercial OYs (110 m) depth contour between 40°10′ approximate the depth contours they are between the open access and limited N. lat. and 34°27′ N. lat., 75 fm (137 m) intended to designate. Regulatory entry segments of the fishery. These depth contour north of 40°10′ N. lat., language describing the RCAs has been specifications include fish caught in 100 fm (183 m) depth contour north of revised to better emphasize that while state ocean waters (0–3 nautical miles 40°10′ N. lat., 150 fm depth contour RCAs are generally described by fathom (nm) offshore) as well as fish caught in south of 40°10′ N. lat., 150 fm (274 m) lines, the actual boundaries are defined the EEZ (3–200 nm offshore). depth contour between 46°16′ N. lat. by latitude-longitude coordinates. When BILLING CODE 3510–22–S

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II. Commercial and Recreational and set asides are expressed in terms of paragraphs IV.B.(2) through (4). Fisheries total catch. The limited entry/open Similarly, management measures for the Since 1994, the non-tribal commercial access allocations for bocaccio, canary, open access exempted trawl fisheries groundfish fishery has been divided into darkblotched, yelloweye rockfish, and (California halibut, sea cucumber, pink limited entry and open access sectors, the nearshore rockfish species group shrimp, spot and ridgeback prawns) are each with its own set of allocations and would be suspended to allow the described in paragraph IV.C.(2), management measures. Species or Council to better develop management separately from the open access species group allocations between the measures that provide harvest fisheries trip limits set out in Table 5. two sectors are based on the relative opportunity for more abundant stocks IV. NMFS Actions amounts of a species or species group while protecting overfished stocks. Estimates of trip-limit induced discards For the reasons stated above, the taken by each component of the fishery Assistant Administrator for Fisheries, during the 1984–1988 limited entry are taken ‘‘off the top’’ and in accordance with the bycatch and NOAA (Assistant Administrator), permit qualification period (50 CFR concurs with the Council’s 660.332). The FMP allows suspension of discard analysis described in the proposed rule for this action at 68 FR recommendations and announces the this allocation formula for overfished following management actions for 2003, species when changes to the traditional 953 (January 7, 2003) before setting the non-tribal sector allocations, except for including measures that are unchanged allocation formula are needed to better from 2002 and new measures. protect overfished species (FMP, section estimates of sablefish discards as 5.3.2). explained in the footnotes to Table 1a. A. General Definitions and Provisions Landed catch equivalents are the Historically, groundfish species and/ The following definitions and harvest goals used when adjusting trip or species groups have not been provisions apply to the 2003 limits and other management measures allocated between the commercial and management measures, unless otherwise during the season. Estimated bycatch of recreational fisheries. Fishery managers specified in a subsequent Federal yellowtail, widow, canary, and instead estimated the amount that Register document: would be taken in the recreational darkblotched rockfish in the offshore (1) Trip limits. Trip limits are used in fisheries and set that amount aside whiting fishery is also deducted from the commercial fishery to specify the before determining the allowable the limited entry allocations before amount of fish that may legally be taken harvest for the non-tribal commercial determining the landed catch and retained, possessed, or landed, per sectors. For 2003, the Council has equivalents for the target fisheries for vessel, per fishing trip, or cumulatively recommended adopting nearshore widow and yellowtail rockfish. per unit of time, or the number of groundfish allocations between the III. 2003 Management Measures landings that may be made from a vessel recreational and commercial fisheries. in a given period of time, as follows: These allocations were proposed by the Management measures for the limited (a) A per trip limit is the total States of Oregon and California for entry fishery are found in Section IV. allowable amount of a groundfish waters off their coasts north and south Boundary line coordinates for the RCAs species or species group, by weight, or of 40°10′ N. lat. and are intended to are designated at paragraph IV.A.(19). by percentage of weight of legal fish on maintain the ratio between recreational Most cumulative trip limits, size limits, board, that may be taken and retained, and commercial landings 2000. Most of and seasons for the limited entry fishery possessed, or landed per vessel from a the fish subject to the allocation will be are set out in Tables 3 and 4. However, single fishing trip. taken in state waters, but state-Federal the limited entry nontrawl sablefish (b) A daily trip limit is the maximum management of these nearshore species fishery, the midwater trawl fishery for amount that may be taken and retained, is coordinated through the Council. whiting, and the hook-and-line fishery possessed, or landed per vessel in 24 Commercial groundfish fishing is for black rockfish off Washington are consecutive hours, starting at 0001 prohibited in Washington State waters. managed separately from the majority of hours local time (l.t). Only one landing Groundfish species or species group the groundfish species and are not fully of groundfish may be made in that 24- allocations and set asides for the tribal addressed in the tables. The hour period. Daily trip limits may not be and non-tribal sectors, and between the management structure for these fisheries accumulated during multiple day trips. different non-tribal commercial and has not changed since 2002, except for (c) A weekly trip limit is the recreational sectors, are detailed in the level of trip limits for sablefish and maximum amount that may be taken Tables 1a and 1b. All OYs, allocations whiting, which are described in and retained, possessed, or landed per

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vessel in 7 consecutive days, starting at specified, size limits in the commercial (ii) Weight conversion. The 0001 hours l.t. on Sunday and ending at and recreational groundfish fisheries conversion factor established by the 2400 hours l.t. on Saturday. Weekly trip apply to the ‘‘total length,’’ which is the State where the fish is or will be landed limits may not be accumulated during longest measurement of the fish without will be used to convert the processed multiple week trips. If a calendar week mutilation of the fish or the use of force weight to round weight for purposes of includes days within two different to extend the length of the fish. No fish applying the trip limit. (The States’ months, a vessel is not entitled to two with a size limit may be retained if it is conversion factors may differ, and separate weekly limits during that week. in such condition that its length has fishers should contact fishery (d) A cumulative trip limit is the been extended or cannot be determined enforcement officials in the state where maximum amount that may be taken by these methods. For conversions not the fish will be landed to determine that and retained, possessed, or landed per listed here, contact the State where the State’s official conversion factor.) If a vessel in a specified period of time fish will be landed. state does not have a conversion factor without a limit on the number of (a) Whole fish. For a whole fish, total for headed and gutted lingcod, or landings or trips, unless otherwise length is measured from the tip of the lingcod that is only gutted; the specified. The cumulative trip limit snout (mouth closed) to the tip of the following conversion factors will be periods for limited entry and open tail in a natural, relaxed position. used. To determine the round weight, access fisheries, which start at 0001 (b) ‘‘Headed’’ fish. For a fish with the multiply the processed weight times the hours l.t. and end at 2400 hours l.t., are head removed (‘‘headed’’), the length is conversion factor. as follows, unless otherwise specified: measured from the origin of the first (A) Headed and gutted. The (i) The 2–month periods are: January dorsal fin (where the front dorsal fin conversion factor for headed and gutted 1–February 28, March 1–April 30, May meets the dorsal surface of the body lingcod is 1.5. 1–June 30, July 1–August 31, September closest to the head) to the tip of the (B) Gutted, with the head on. The 1–October 31, and, November 1– upper lobe of the tail; the dorsal fin and conversion factor for lingcod that has December 31. tail must be left intact. only been gutted is 1.1. (ii) One month means the first day (c) Filets. A filet is the flesh from one (7) Closure. ‘‘Closure’’, when referring through the last day of the calendar side of a fish extending from the head to closure of a fishery, means that taking month. to the tail, which has been removed and retaining, possessing, or landing the (iii) One week means 7 consecutive from the body (head, tail, and backbone) particular species or species group is days, Sunday through Saturday. in a single continuous piece. Filet prohibited. (See 50 CFR 660.302.) (e) As stated at 50 CFR 660.302 (in the lengths may be subject to size limits for Unless otherwise announced in the definition of ‘‘landing’’), once the some groundfish taken in the Federal Register, offloading must begin offloading of any species begins, all fish recreational fishery off California (see before the time the fishery closes. The aboard the vessel are counted as part of paragraph IV. D.(1)). A filet is measured provisions at paragraph IV.A.(2) for the landing and must be reported as along the length of the longest part of fishing ahead do not apply during a such. the filet in a relaxed position; stretching closed period. It is unlawful to transit (f) The cumulative trip limits in or otherwise manipulating the filet to through a closed area with any Section IV B. and C., including Tables increase its length is not permitted. prohibited species on board, no matter 3–5, of this rule must not be exceeded. (d) Sablefish weight limit conversions. where that species was caught, except as (2) Fishing ahead. Unless the fishery The following conversions apply to both provided for in the CCA at IV. A.(19). is closed, a vessel that has landed its the limited entry and open access (8) Fishery management area. The cumulative or daily limit may continue fisheries when trip limits are effective fishery management area for these to fish on the limit for the next legal for those fisheries. For headed and species is the EEZ off the coasts of period, so long as no fish (including, but gutted (eviscerated) sablefish: Washington, Oregon, and California not limited to, groundfish with no trip (i) The minimum size for headed between 3 and 200 nm offshore, limits, shrimp, prawns, or other sablefish, which corresponds to 20 bounded on the north by the Provisional nongroundfish species or shellfish) are inches (51 cm) total length for whole International Boundary between the landed (offloaded) until the next legal fish, is 14 inches (36 cm). United States and Canada, and bounded period. Fishing ahead is not allowed (ii) The conversion factor established on the south by the International during or before a closed period (see by the State where the fish is or will be Boundary between the United States paragraph IV.A.(7)). See paragraph landed will be used to convert the and Mexico. All groundfish possessed IV.A.(9) for information on inseason processed weight to round weight for between 0–200 nm offshore or landed in changes to limits. purposes of applying the trip limit. (The Washington, Oregon, or California are (3) Weights. All weights are round conversion factor currently is 1.6 in presumed to have been taken and weights or round-weight equivalents Washington, Oregon, and California. retained from the EEZ, unless otherwise unless otherwise specified. However, the State conversion factors demonstrated by the person in (4) Percentages. Percentages are based may differ; fishers should contact possession of those fish. on round weights, and, unless otherwise fishery enforcement officials in the State (9) Routine management measures. specified, apply only to legal fish on where the fish will be landed to Most trip, bag, and size limits, and area board. determine that State’s official closures in the groundfish fishery have (5) Legal fish. ‘‘Legal fish’’ means fish conversion factor.) been designated ‘‘routine,’’ which legally taken and retained, possessed, or (e) Lingcod size and weight means they may be changed rapidly landed in accordance with the conversions. The following conversions after a single Council meeting see 50 provisions of 50 CFR part 660, the apply in both limited entry and open CFR 660.323(b). Council meetings in Magnuson-Stevens Act, any document access fisheries. 2003 will be held in the months of issued under part 660, and any other (i) Size conversion. For lingcod with March, April, June, September, and regulation promulgated or permit issued the head removed, the minimum size November. Inseason changes to routine under the Magnuson-Stevens Act. limit is 19.5 inches (49.5 cm), which management measures are announced in (6) Size limits and length corresponds to 24 inches (61 cm) total the Federal Register. Information measurement. Unless otherwise length for whole fish. concerning changes to routine

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management measures is available from applies, then that vessel is subject to the restrictive cumulative limit for minor the NMFS Northwest and Southwest more restrictive trip limit for the entire slope rockfish during that period.] Regional Offices (see ADDRESSES). period to which that trip limit applies, (iii) If a vessel takes and retains minor Changes to trip limits are effective at the no matter where the fish are taken and shelf rockfish south of 40°10′ N. lat., times stated in the Federal Register. retained, possessed, or landed. that vessel is also permitted to take and Once a change is effective, it is illegal (b) Going from a more liberal to a retain, possess, or land yellowtail to take and retain, possess, or land more more restrictive area. If a vessel takes rockfish up to its cumulative limits fish than allowed under the new trip and retains a groundfish species or north of 40°10′ N. lat., even if yellowtail limit. This means that, unless otherwise species group in an area where a higher rockfish is part of the landings from announced in the Federal Register, trip limit or no trip limit applies, and minor shelf rockfish taken and retained offloading must begin before the time a takes and retains, possesses or lands the south of 40°10′ N. lat. Widow rockfish fishery closes or a more restrictive trip same species or species group in an area is included in overall shelf rockfish limit takes effect. where a more restrictive trip limit limits for all gear groups. [Note: A vessel (10) Limited entry limits. It is applies, that vessel is subject to the that takes and retains minor shelf unlawful for any person to take and more restrictive trip limit for the entire rockfish on both sides of the retain, possess, or land groundfish in period to which that trip limit applies, management line in a single cumulative excess of the landing limit for the open no matter where the fish are taken and limit period is subject to the more access fishery without having a valid retained, possessed, or landed. restrictive cumulative limit for minor limited entry permit for the vessel (c) Operating in two different areas shelf rockfish during that period.] affixed with a gear endorsement for the where a species or species group is (e) ‘‘DTS complex.’’ For 2003, there gear used to catch the fish (50 CFR managed with different types of trip are differential trip limits for the ‘‘DTS 660.306(p)). limits. During the fishing year, NMFS complex’’ (Dover sole, shortspine (11) Operating in both limited entry may implement management measures thornyhead, longspine thornyhead, sablefish) north and south of the and open access fisheries. The open for a species or species group that set access trip limit applies to any fishing management line at 40°10′ N. lat. different types of trip limits (for conducted with open access gear, even Vessels operating in the limited entry example, per trip limits versus if the vessel has a valid limited entry trawl fishery are subject to the crossover cumulative trip limits) for different permit with an endorsement for another provisions in this paragraph IV.A.(12) areas. If a vessel fishes for a species or type of gear. A vessel that operates in when making landings that include any species group that is managed with both the open access and limited entry one of the four species in the ‘‘DTS different types of trip limits in two fisheries is not entitled to two separate complex.’’ different areas within the same trip limits for the same species. If a (f) Flatfish complex. For 2003, there cumulative limit period, then that vessel vessel has a limited entry permit and are differential trip limits for the flatfish is subject to the most restrictive overall uses open access gear, but the open complex (butter, curlfin, English, access limit is smaller than the limited cumulative limit for that species, flathead, petrale, rex, rock, and sand entry limit, the open access limit cannot regardless of where fishing occurs. soles, Pacific sanddab, and starry be exceeded and counts toward the (d) Minor rockfish. Several rockfish flounder) north and south of the species are designated with species- management line at 40°10′ N. lat. limited entry limit. If a vessel has a ° limited entry permit and uses open specific limits on one side of the 40 10 Vessels operating in the limited entry access gear, but the open access limit is N. lat. management line, and are trawl fishery are subject to the crossover larger than the limited entry limit, the included as part of a minor rockfish provisions in this paragraph IV.A.(12) smaller limited entry limit applies, even complex on the other side of the line. when making landings that include any if taken entirely with open access gear. (i) If a vessel takes and retains minor one of the species in the flatfish ° (12) Operating in areas with different slope rockfish north of 38 N. lat., that complex. trip limits. Trip limits for a species or vessel is also permitted to take and (13) Sorting. It is unlawful for any a species group may differ in different retain, possess or land splitnose rockfish person to ‘‘fail to sort, prior to the first geographic areas along the coast. The up to its cumulative limit south of 38° weighing after offloading, those following ‘‘crossover’’ provisions apply N. lat., even if splitnose rockfish were groundfish species or species groups for to vessels operating in different a part of the landings from minor slope which there is a trip limit, size limit, geographical areas that have different rockfish taken and retained north of 38° quota, or commercial OY, if the vessel cumulative or ‘‘per trip’’ trip limits for N. lat. [Note: A vessel that takes and fished or landed in an area during a the same species or species group. Such retains minor slope rockfish on both time when such trip limit, size limit, crossover provisions do not apply to sides of the management line in a single commercial optimum yield, or quota species that are subject only to daily trip cumulative limit period is subject to the applied.’’ This provision applies to both limits, or to the trip limits for black more restrictive cumulative limit for the limited entry and open access rockfish off Washington (see 50 CFR minor slope rockfish during that fisheries. (See 50 CFR 660.306(h).) The 660.323(a)(1)). In 2003, the cumulative period.] following species must be sorted in trip limit periods for the limited entry (ii) If a vessel takes and retains minor 2003: and open access fisheries are specified slope rockfish south of 38° N. lat., that (a) For vessels with a limited entry in paragraph IV.A(1)(d), but may be vessel is also permitted to take and permit: changed during the year if announced in retain, possess or land POP up to its (i) Coastwide—widow rockfish, the Federal Register. cumulative limit north of 38° N. lat., canary rockfish, darkblotched rockfish, (a) Going from a more restrictive to a even if POP were a part of the landings yelloweye rockfish, shortbelly rockfish, more liberal area. If a vessel takes and from minor slope rockfish taken and minor nearshore rockfish, minor shelf retains any groundfish species or retained south of 38° N. lat. [Note: A rockfish, minor slope rockfish, species group of groundfish in an area vessel that takes and retains minor slope shortspine and longspine thornyhead, where a more restrictive trip limit rockfish on both sides of the Dover sole, arrowtooth flounder, rex applies before fishing in an area where management line in a single cumulative sole, petrale sole, arrowtooth flounder, a more liberal trip limit (or no trip limit) limit period is subject to the more other flatfish, lingcod, sablefish, and

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Pacific whiting [Note: Although both groundfish shoreward of the RCAs (15) Platooning—limited entry trawl yelloweye and darkblotched rockfish are defined at paragraph (19) of this section. vessels. Limited entry trawl vessels are considered minor rockfish managed The presence of rollers or bobbins larger automatically in the ‘‘A’’ platoon, unless under the minor shelf and minor slope than 8 inches (20 cm) in diameter on the ‘‘B’’ platoon is indicated on the rockfish complexes, respectively, they board the vessel, even if not attached to limited entry permit. If a vessel is in the have separate OYs and therefore must a trawl, will be considered to mean a ‘‘A’’ platoon, its cumulative trip limit be sorted by species.] large footrope trawl is on board. periods begin and end on the beginning (ii) North of 40°10′ N. lat.—POP, (ii) Small footrope or midwater trawl and end of a calendar month as in the yellowtail rockfish, and, for fixed gear, gear. Cumulative trip limits for canary past. No more than one trawl permit black rockfish and blue rockfish; rockfish, chilipepper rockfish, widow may be registered to a vessel unless a (iii) South of 40°10′ N. lat.—minor rockfish, yellowtail rockfish, minor permit is endorsed for both trawl and shallow nearshore rockfish, minor shelf rockfish, minor nearshore rockfish, either longline or pot gear and is being deeper nearshore rockfish, chilipepper and lingcod, as indicated in Table 3 to stacked under § 660.335(c) for use in the rockfish, bocaccio rockfish, splitnose section IV, are allowed only if small limited entry fixed gear primary rockfish, and Pacific sanddabs. footrope gear or midwater trawl gear is sablefish fishery. If a vessel is registered (b) For open access vessels (vessels used, and if that gear meets the for use with more than one permit with without a limited entry permit): specifications in paragraphs IV.A.(14). a trawl endorsement through the fixed (i) Coastwide—widow rockfish, (iii) Midwater trawl gear. Higher gear permit stacking program, then the canary rockfish, darkblotched rockfish, yellowtail and widow rockfish vessel owner must designate one trawl- yelloweye rockfish, minor nearshore cumulative trip limits are available for endorsed permit as his base trawl rockfish, minor shelf rockfish, minor limited entry vessels using midwater permit and may only fish in the platoon slope rockfish, Dover sole, arrowtooth trawl gear. Each landing that contains associated with that base trawl permit. flounder, petrale sole, rex sole, other yellowtail or widow rockfish is If a limited entry trawl permit is flatfish, lingcod, sablefish, Pacific attributed to the gear on board with the authorized for the ‘‘B’’ platoon, then whiting, and Pacific sanddabs; most restrictive trip limit for those cumulative trip limit periods and the (ii) North of 40°10′ N. lat.—black species. Landings attributed to small periods for which RCAs are applied will rockfish, blue rockfish, Pacific ocean footrope trawl must not exceed the begin on the 16th of the month perch, yellowtail rockfish; (generally 2 weeks later than for the ‘‘A’’ (iii) South of 40°10′ N. lat.—minor small footrope limit, and landings platoon), unless otherwise specified. shall nearshore rockfish, minor deeper attributed to midwater trawl must not (a) For a vessel in the ‘‘B’’ platoon, nearshore rockfish, chilipepper rockfish, exceed the midwater trawl limit. If a cumulative trip limit periods and bocaccio rockfish, splitnose rockfish; vessel has landings attributed to both (iv) South of Point Conception— types of trawls during a cumulative trip periods for which RCAs are applied thornyheads. limit period, all landings are counted begin on the 16th of the month at 0001 (14) Trawl Gear Restrictions. Limited toward the most restrictive gear-specific hours, l.t., and end at 2400 hours, l.t., entry trip limits may vary depending on cumulative limit. on the 15th of the month. Therefore, the the type of trawl gear that is on board (iv) More than one type of trawl gear management measures announced a vessel during a fishing trip: large on board. The cumulative trip limits in herein that are effective on January 1, footrope, small footrope, or midwater Table 3 must not be exceeded. A vessel 2003, for the ‘‘A’’ platoon will be trawl gear. may have more than one type of limited effective on January 16, 2003, for the (a) Types of trawl gear. Large footrope, entry bottom trawl gear on board, but ‘‘B’’ platoon. The effective date of any small footrope, and midwater or pelagic the most restrictive trip limit associated inseason changes to the cumulative trip trawl gears are defined at 50 CFR with the gear on board applies for that limits or RCA boundary line coordinates 660.302 and 660.322(b). Trawl vessels trip and will count toward the also will be delayed for 2 weeks for the may include: those vessels registered to cumulative trip limit for that gear. ‘‘B’’ platoon, unless otherwise specified. a limited entry permit with a trawl [Example: If a vessel has large footrope (b) A vessel authorized to operate in endorsement; any vessel using trawl gear on board, it cannot land yellowtail the ‘‘B’’ platoon may take and retain, but gear, including exempted trawl gear rockfish, even if the yellowtail rockfish may not land, groundfish from January used to take pink shrimp, spot and is caught with a small footrope trawl.] 1, 2003, through January 15, 2003. ridgeback prawns, California halibut, or A vessel that is trawling within a GCA (c) A vessel authorized to operate in sea cucumber; or any tribal vessel using with trawl gear authorized for use the ‘‘B’’ platoon will have the same trawl gear. within a GCA may not have any other cumulative trip limits and RCAs for the (b) Cumulative trip limits and type of trawl gear on board. November 16, 2003, through December prohibitions by limited entry trawl gear (c) State landing receipts. 31, 2003, period as a vessel operating in type—(i) Large footrope trawl. If Table 3 Washington, Oregon, and California will the ‘‘A’’ platoon has for the November does not provide a large footrope trawl require the type of trawl gear on board 1, 2003, through December 31, 2003 cumulative or trip limit for a particular to be recorded on the State landing period. species or species group, it is unlawful receipt(s) for each trip or on an (a) For a vessel in the ‘‘B’’ platoon, to take and retain, possess or land that attachment to the State landing receipt. cumulative trip limit periods begin on species or species group if large footrope (d) Gear inspection. All trawl gear and the 16th of the month at 0001 hours, l.t., gear is on board. It is unlawful for any trawl gear components, including and end at 2400 hours, l.t., on the 15th vessel using large footrope gear to unattached rollers or bobbins, must be of the month. Therefore, the exceed large footrope gear limits for any readily accessible and made available management measures announced species or to use large footrope gear to for inspection at the request of an herein that are effective on January 1, exceed small footrope gear or midwater authorized officer. No trawl gear may be 2003, for the ‘‘A’’ platoon will be trawl gear limits for any species. It is removed from the vessel prior to effective on January 16, 2003, for the unlawful for any vessel using large offloading. All footropes shall be ‘‘B’’ platoon. The effective date of any footrope gear or that has large footrope uncovered and clearly visible except inseason changes to the cumulative trip trawl gear on board to fish for when in use for fishing. limits also will be delayed for 2 weeks

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for the ‘‘B’’ platoon, unless otherwise (a) Yelloweye Rockfish Conservation widow rockfish in association with specified. Area. The latitude and longitude Pacific whiting caught with midwater (b) A vessel authorized to operate in coordinates defining the boundaries of trawl gear during the primary whiting the ‘‘B’’ platoon may take and retain, but the YRCA are defined at § 660.304(d). season, or to taking and retaining may not land, groundfish from January Recreational fishing for groundfish is yellowtail or widow rockfish with 1, 2003, through January 15, 2003. prohibited within the YRCA. It is midwater trawl gear when trip limits are (c) A vessel authorized to operate in unlawful for recreational fishing vessels authorized for those species (November- the ‘‘B’’ platoon will have the same to take, retain, possess, or land December 2003.) If a vessel fishes in an cumulative trip limits for the November groundfish inside the YRCA. RCA, it may not participate in any 16, 2003, through December 31, 2003, (b) Cowcod Conservation Areas. The fishing on that trip that is inconsistent period as a vessel operating in the ‘‘A’’ coordinates of the Cowcod Conservation with the restrictions that apply within platoon has for the November 1, 2002, Areas (CCAs) are defined at the RCA. For example, if a vessel through December 31, 2003 period. § 660.304(c). Recreational and participates in the pink shrimp fishery (16) Permit transfers. Limited entry commercial fishing for groundfish is within the RCA, the vessel cannot on permit transfers are to take effect no prohibited within the CCAs, except that the same trip participate in the DTS earlier than the first day of a major recreational and commercial fishing for fishery outside of the RCA. Nothing in cumulative limit period following the rockfish and lingcod is permitted in these Federal regulations supercede any day NMFS receives the transfer form waters inside 20 fathoms (36.9 m). It is State regulations that may prohibit and original permit (50 CFR unlawful to take and retain, possess, or trawling shoreward of the 3 nm State 660.335(e)(3)). Those days in 2003 are land groundfish inside the CCAs, except waters boundary line. January 1, March 1, May 1, July 1, for rockfish and lingcod taken in waters (ii) Between the U.S. border with September 1, and November 1, and are inside the 20-fathom (36.9 m) depth Canada and 40°10′ N. lat., the trawl RCA delayed by 15 days (starting on the 16th contour, when those waters are open to is defined along its eastern, inshore of a month) for the ‘‘B’’ platoon. fishing. Commercial fishing vessels may boundary by latitude and longitude transit through the Western CCA with (17) Exempted fisheries. U.S. vessels coordinates approximating 100 fm (183 their gear stowed and groundfish on operating under an exempted fishing m) in January through June and October board only in a corridor through the permit (EFP) issued under 50 CFR part through December, and approximating Western CCA bounded on the north by 600 are also subject to these restrictions, 75 fm (137 m) in July and August. the latitude line at 33°00′30″ N. lat., and unless otherwise provided in the Between 40°10′ N. lat. and 34°27′ N. lat., bounded on the south by the latitude permit. EFPs may include the collecting the trawl RCA is defined along its line at 32°59′30″ N. lat. eastern, inshore boundary by of scientific samples of groundfish (c) Limited Entry Groundfish Trawl species that would otherwise be Coastwide and Open Access Exempted coordinates approximating 50 fm (91 m) prohibited for retention. Trawl South of 40°10′ N. lat. Rockfish in January and February and 60 fm (110 (18) Application of requirements. m) in March through December. Conservation Area. (i) The trawl RCA is ° ′ Paragraphs IV.B. and IV.C. pertain to the closed to limited entry groundfish trawl Between 34 27 N. lat. and the U.S. commercial groundfish fishery, but not fishing coastwide and to open access border with Mexico, along the mainland to Washington coastal tribal fisheries, exempted trawl fishing (except for pink coast of California, the trawl RCA is which are described in Section V. The shrimp trawling) south of 40°10′ N. lat. defined along its eastern, inshore provisions in paragraphs IV.B. and IV.C. Fishing with limited entry groundfish boundary by coordinates approximating that are not covered under the headings 100 fm (183 m) throughout the year. trawl gear is prohibited within the trawl ° ′ ‘‘limited entry’’ or ‘‘open access’’ apply RCA north of 40°10′ N. lat. and fishing Between 34 27 N. lat. and the U.S. to all vessels in the commercial fishery with any trawl gear is prohibited within border with Mexico, adjacent to the that take and retain groundfish, unless the trawl RCA south of 40°10′ N. lat., islands offshore of California, the trawl otherwise stated. Paragraph IV.D. unless that vessel is trawling for pink RCA is defined along its inshore pertains to the recreational fishery. shrimp. Coastwide, it is unlawful to take boundary by coordinates approximating (19) Rockfish Conservation Areas. For and retain, possess, or land groundfish 20 fm (37 m) throughout the year. 2003, the Council has introduced taken with limited entry groundfish Specific coordinates that define the several RCAs and a YRCA and has trawl gear in the trawl RCA. South of eastern inshore boundaries of the trawl retained the CCAs used in 2001 and 40°10′ N. lat., it is unlawful to take and RCA are provided below at paragraph 2002. Collectively, any closed area retain, possess, or land any species of (e) of this section. intended to protect a particular fish taken with any type of trawl gear in (iii) Between the U.S. border with groundfish species or species group or the trawl RCA. Trawl vessels may Canada and 38° N. lat., the trawl RCA intended to protect a complex of species transit through the trawl RCA, with or is defined along its western, offshore is referred to as a Groundfish without groundfish on board, provided boundary by latitude and longitude Conservation Area. The YRCA, the all groundfish trawl gear is stowed coordinates approximating 250 fm (457 CCAs, and the larger depth-based RCAs either: (1) below deck; or (2) if the gear m) in March through October, and by are Groundfish Conservation Areas. cannot readily be moved, in a secured coordinates approximating 250 fm (457 Larger RCAs intended to protect a and covered manner, detached from all m) with some modifications to provide complex of species, such as overfished towing lines, so that it is rendered open areas to allow winter petrale sole shelf rockfish species, have boundaries unusable for fishing; or (3) remaining on fishing in January, February, November, defined by a series of latitude and deck uncovered if the trawl doors are and December. Between 38° N. lat. and longitude coordinates. The boundaries hung from their stanchions and the net the U.S. border with Mexico, the trawl are intended to approximate particular is disconnected from the doors. The RCA is defined along its western, depth contours, such as 100 fm (183 m), above restrictions in this paragraph do offshore boundary by coordinates 150 fm (274 m), 250 fm (457,) etc. not apply to vessels fishing with approximating 150 fm (274 m) Different gear types or fishing sectors midwater trawl gear for Pacific whiting throughout the year. Specific boundary may have RCAs with differing during the primary season, or to taking coordinates that define the western, boundaries. and retaining yellowtail rockfish or offshore boundaries of the trawl RCA

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are provided below at paragraph (e) of Between 40°10′ N. lat. and the U.S. (25) 42°00.00′ N. lat., 124°21.03′ W. this section. border with Mexico, the non-trawl gear long.; (d) Non-Trawl Gear (Limited Entry RCA is defined along its western, (26) 41°56.33′ N. lat., 124°20.34′ W. Fixed Gear and Open Access Nontrawl offshore boundary by coordinates long.; Gears) Rockfish Conservation Area. (i) approximating 150 fm (274 m) (27) 41°50.93′ N. lat., 124°23.74′ W. The non-trawl gear RCA is closed to throughout the year. Specific long.; fishing for groundfish using non-trawl coordinates that define the western, (28) 41°41.83′ N. lat., 124°16.99′ W. gear (limited entry or open access offshore boundaries of the non-trawl long.; ° ′ ° ′ longline and pot or trap, open access gear RCA are provided below at (29) 41 35.48 N. lat., 124 16.35 W. hook-and-line, jig gear, pot or trap, paragraph (e) of this section. long.; ° ′ ° ′ gillnet, set net, trammel net and spear). (e) RCA Boundary Coordinates. (30) 41 23.51 N. lat., 124 10.48 W. Fishing with non-trawl gear is Coordinates for the specific boundaries long.; ° ′ ° ′ prohibited within the non-trawl gear that approximate the depth contours (31) 41 04.62 N. lat., 124 14.44 W. RCA. It is unlawful to take and retain, long.; selected for both trawl and non-trawl ° ′ ° ′ possess, or land groundfish taken with gear RCAs are provided here. (32) 40 54.28 N. lat., 124 13.90 W. non-trawl gear in the non-trawl gear long.; (i) The 27 fm (49 m) depth contour ° ′ ° ′ RCA. Limited entry fixed gear and open used between 46°16′ N. lat. and 40°10′ (33) 40 40.37 N. lat., 124 26.21 W. access non-trawl gear vessels may N. lat. as an eastern boundary for the long.; (34) 40°34.03′ N. lat., 124°27.36′ W. transit through the non-trawl gear RCA, non-trawl RCA is defined by straight long.; with or without groundfish on board. lines connecting all of the following (35) 40°28.88′ N. lat., 124°32.41′ W. These restrictions do not apply to points in the order stated: vessels fishing for species other than ° ′ ° ′ long.; (1) 46 16.00 N. lat., 124 12.39 W. (36) 40°24.82′ N. lat., 124°29.56′ W. groundfish with non-trawl gear. If a long.; vessel fishes in an RCA, it may not ° ′ ° ′ long.; (2) 46 14.85 N. lat., 124 12.39 W. (37) 40°22.64′ N. lat., 124°24.05′ W. participate in any fishing on that trip long.; that is inconsistent with the restrictions ° ′ ° ′ long.; (3) 46 03.95 N. lat., 124 03.64 W. (38) 40°18.67′ N. lat., 124°21.90′ W. that apply within the RCA. For example, long.; if a vessel participates in the salmon ° ′ ° ′ long.; (4) 45 43.14 N. lat., 124 00.17 W. (39) 40°14.23′ N. lat., 124°23.72′ W. troll fishery within the RCA, the vessel long.; long.; and cannot on the same trip participate in ° ′ ° ′ (5) 45 23.33 N. lat., 124 01.99 W. (40) 40°10.00′ N. lat., 124°17.22′ W. the sablefish fishery outside of the RCA. long.; long.; (ii) Between the U.S. border with ° ′ ° ′ (6) 45 09.54 N. lat., 124 01.65 W. (ii) The 75 fm (137 m) depth contour Canada and 46°16′ N. lat., the non-trawl long.; used north of 40°10′ N. lat. as an eastern gear RCA extends to the shoreline. ° ′ ° ′ (7) 44 39.99 N. lat., 124 08.67 W. boundary for the trawl RCA in the Between 46°16′ N. lat. and 40°10′ N. lat., long.; months of July and August is defined by the non-trawl gear RCA is defined along ° ′ ° ′ (8) 44 20.86 N. lat., 124 10.31 W. straight lines connecting all of the its eastern, inshore boundary by latitude long.; following points in the order stated: and longitude coordinates ° ′ ° ′ (9) 43 37.11 N. lat., 124 14.91 W. (1) 48°16.08′ N. lat., 125°34.90′ W. approximating 27 fm (49 m) throughout long.; ° ′ ° ′ ° ′ long.; the year. Between 40 10 N. lat. and the (10) 43 27.54 N. lat., 124 18.98 W. (2) 48°14.50′ N. lat., 125°29.50′ W. U.S. border with Mexico, the non-trawl long.; ° ′ ° ′ long.; gear RCA is defined along its eastern, (11) 43 20.68 N. lat., 124 25.53 W. (3) 48°12.08′ N. lat., 125°28.00′ W. inshore boundary by latitude and long.; long.; ° ′ ° ′ longitude coordinates approximating 20 (12) 43 15.08 N. lat., 124 27.17 W. (4) 48°09.00′ N. lat., 125°28.00′ W. fm (37 m) throughout the year, except as long.; long.; provided for between Point Fermin (13) 43°06.89′ N. lat., 124°29.65′ W. (5) 48°07.80′ N. lat., 125°31.70′ W. (33°42’ 30″ N. lat.; 118°17’ 30″ W. long.) long.; ° ″ long.; and the Newport South Jetty (33 35’ 37 (14) 43°01.02′ N. lat., 124°29.70′ W. (6) 48°04.28′ N. lat., 125°29.00′ W. ° ″ N. lat.; 117 52’ 50 W. long.) Between a long.; long.; line drawn due south from Point Fermin (15) 42°52.67′ N. lat., 124°36.10′ W. (7) 48°02.50′ N. lat., 125°25.70′ W. ° ″ ° ″ (33 42’ 30 N. lat.; 118 17’ 30 W. long.) long.; long.; and a line drawn due west from the (16) 42°45.96′ N. lat., 124°37.95′ W. (8) 48°10.00′ N. lat., 125°20.19′ W. ° ″ Newport South Jetty (33 35’ 37 N. lat.; long.; long.; 117°52’ 50″ W. long.,) vessels fishing (17) 42°45.80′ N. lat., 124°35.41′ W. (9) 48°21.70′ N. lat., 125°17.56′ W. with hook-and-line and/or trap (or pot) long.; long.; gear may operate from shore to a (18) 42°38.46′ N. lat., 124°27.49′ W. (10) 48°24.69′ N. lat., 125°05.55′ W. boundary line defined by coordinates long.; long.; approximating 50 fm (91 m) in the (19) 42°35.29′ N. lat., 124°26.85′ W. (11) 48°23.05′ N. lat., 124°48.80′ W. months of July and August. Specific long.; long.; coordinates that define the eastern, (20) 42°31.49′ N. lat., 124°31.40′ W. (12) 48°17.10′ N. lat., 124°54.82′ W. inshore boundaries of the non-trawl gear long.; long.; RCA are provided below at paragraph (21) 42°29.06′ N. lat., 124°32.24′ W. (13) 48°05.10′ N. lat., 124°59.40′ W. (e) of this section. long.; long.; (iii) Between the U.S. border with (22) 42°14.26′ N. lat., 124°26.27′ W. (14) 48°04.50′ N. lat., 125°02.00′ W. Canada and 40°10′ N. lat., the non-trawl long.; long.; gear RCA is defined along its western, (23) 42°04.86′ N. lat., 124°21.94′ W. (15) 48°04.70′ N. lat., 125°04.08′ W. offshore boundary by latitude and long.; long.; longitude coordinates approximating (24) 42°00.10′ N. lat., 124°20.99′ W. (16) 48°05.20′ N. lat., 125°04.90′ W. 100 fm (183 m) throughout the year. long.; long.;

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(17) 48°06.80′ N. lat., 125°06.15′ W. (52) 44°13.67′ N. lat., 124°54.41′ W. (87) 40°25.03′ N. lat., 124°34.77′ W. long.; long.; long.; (18) 48°05.91′ N. lat., 124°08.30′ W. (53) 43°56.85′ N. lat., 124°55.32′ W. (88) 40°23.58′ N. lat., 124°31.49′ W. long.; long.; long.; (19) 48°07.00′ N. lat., 124°09.80′ W. (54) 43°57.50′ N. lat., 124°41.23′ W. (89) 40°23.64′ N. lat., 124°28.35′ W. long.; long.; long.; (20) 48°06.93′ N. lat., 124°11.48′ W. (55) 44°01.79′ N. lat., 124°38.00′ W. (90) 40°22.53′ N. lat., 124°24.76′ W. long.; long.; long.; (21) 48°04.98′ N. lat., 124°10.02′ W. (56) 44°02.16′ N. lat., 124°32.62′ W. (91) 40°21.46′ N. lat., 124°24.86′ W. long.; long.; long.; (22) 47°54.00′ N. lat., 125°04.98′ W. (57) 43°58.15′ N. lat., 124°30.39′ W. (92) 40°21.74′ N. lat., 124°27.63′ W. long.; long.; long.; (23)47°44.52′ N. lat., 125°00.00′ W. (58) 43°53.25′ N. lat., 124°31.39′ W. (93) 40°19.76′ N. lat., 124°28.15′ W. long.; long.; long.; (24)47°42.00′ N. lat., 124°58.98′ W. (59) 43°35.56′ N. lat., 124°28.17′ W. (94) 40°18.00′ N. lat., 124°25.38′ W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (25)47 35.52 N. lat., 124 55.50 W. (60) 43 21.84 N. lat., 124 36.07 W. (95) 40°18.54′ N. lat., 124°22.94′ W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (26)47 22.02 N. lat., 124 44.40 W. (61) 43 19.73 N. lat., 124 34.86 W. (96) 40°15.55′ N. lat., 124°25.75′ W. long.; long.; ° ′ ° ′ ° ′ ° ′ long.; (27)47 16.98 N. lat., 124 45.48 W. (62) 43 09.38 N. lat., 124 39.30 W. (97) 40°16.06′ N. lat., 124°30.48′ W. long.; long.; ° ′ ° ′ ° ′ ° ′ long.; (28)47 10.98 N. lat., 124 48.48 W. (63) 43 07.11 N. lat., 124 37.66 W. (98) 40°15.75′ N. lat., 124°31.69′ W. long.; long.; ° ′ ° ′ ° ′ ° ′ long.; and (29)47 04.98 N. lat., 124 49.02 W. (64) 42 56.27 N. lat., 124 43.29 W. (99) 40°10.00′ N. lat., 124°21.28′ W. long.; long.; ° ′ ° ′ ° ′ ° ′ long. (30)46 57.98 N. lat., 124 46.50 W. (65) 42 45.00 N. lat., 124 41.50 W. (iii) The 100 fm (183 m) depth long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ contour used north of 40 10 N. lat. as (31)46 54.00 N. lat., 124 45.00 W. (66) 42 39.72 N. lat., 124 39.11 W. an eastern boundary for the trawl RCA long.; long.; and as a western boundary for the non- (32)46°48.48′ N. lat., 124°44.52′ W. (67) 42°32.88′ N. lat., 124°40.13′ W. trawl RCA is defined by straight lines long.; long.; connecting all of the following points in (33)46°40.02′ N. lat., 124°36.00′ W. (68) 42°32.30′ N. lat., 124°39.04′ W. the order stated: long.; long.; (1) 48°15.00′ N. lat., 125°41.00′ W. (34)46°34.09′ N. lat., 124°27.03′ W. (69) 42°26.96′ N. lat., 124°44.31′ W. long.; long.; long.; ° ′ ° ′ (35)46°24.64′ N. lat., 124°30.33′ W. (70) 42°24.11′ N. lat., 124°42.16′ W. (2) 48 14.00 N. lat., 125 36.00 W. long.; long.; long.; ° ′ ° ′ (36)46°19.98′ N. lat., 124°36.00′ W. (71) 42°21.10′ N. lat., 124°35.46′ W. (3) 48 09.50 N. lat., 125 40.50 W. long.; long.; long.; ° ′ ° ′ (37) 46°18.14′ N. lat., 124°34.26′ W. (72) 42°14.72′ N. lat., 124°32.30′ W. (4) 48 08.00 N. lat., 125 38.00 W. long.; long.; long.; ° ′ ° ′ (38) 46°18.72′ N. lat., 124°22.68′ W. (73) 42°09.24′ N. lat., 124°32.04′ W. (5) 48 05.00 N. lat., 125 37.25 W. long.; long.; long.; ° ′ ° ′ (39) 46°14.64′ N. lat., 124°22.54′ W. (74) 42°01.89′ N. lat., 124°32.70′ W. (6) 48 02.60 N. lat., 125 34.70 W. long.; long.; long.; ° ′ ° ′ (40) 46°11.08′ N. lat., 124°30.74′ W. (75) 42°00.03′ N. lat., 124°32.02′ W. (7) 47 59.00 N. lat., 125 34.00 W. long.; long.; long.; ° ′ ° ′ (41) 46°04.28′ N. lat., 124°31.49′ W. (76) 42°00.00′ N. lat., 124°32.02′ W. (8) 47 57.26 N. lat., 125 29.82 W. long.; long.; long.; ° ′ ° ′ (42) 45°55.97′ N. lat., 124°19.95′ W. (77) 41°46.18′ N. lat., 124°26.60′ W. (9) 47 59.87 N. lat., 125 25.81 W. long.; long.; long.; ° ′ ° ′ (43) 45°44.97′ N. lat., 124°15.96′ W. (78) 41°29.22′ N. lat., 124°28.04′ W. (10) 48 01.80 N. lat., 125 24.53 W. long.; long.; long.; (44) 45°43.14′ N. lat., 124°21.86′ W. (79) 41°09.62′ N. lat., 124°19.75′ W. (11) 48°02.08′ N. lat., 125°22.98′ W. long.; long.; long.; (45) 45°34.44′ N. lat., 124°14.44′ W. (80) 40°50.71′ N. lat., 124°23.80′ W. (12) 48°02.97′ N. lat., 125°22.89′ W. long.; long.; long.; (46) 45°15.49′ N. lat., 124°11.49′ W. (81) 40°43.35′ N. lat., 124°29.30′ W. (13) 48°04.47′ N. lat., 125°21.75′ W. long.; long.; long.; (47) 44°57.31′ N. lat., 124°15.03′ W. (82) 40°40.24′ N. lat., 124°29.86′ W. (14) 48°06.11′ N. lat., 125°19.33′ W. long.; long.; long.; (48) 44°43.90′ N. lat., 124°28.88′ W. (83) 40°37.50′ N. lat., 124°28.68′ W. (15) 48°07.95′ N. lat., 125°18.55′ W. long.; long.; long.; (49) 44°28.64′ N. lat., 124°35.67′ W. (84) 40°34.42′ N. lat., 124°29.65′ W. (16) 48°09.00′ N. lat., 125°18.00′ W. long.; long.; long.; (50) 44°25.31′ N. lat., 124°43.08′ W. (85) 40°34.74′ N. lat., 124°34.61′ W. (17) 48°11.31′ N. lat., 125°17.55′ W. long.; long.; long.; (51) 44°17.15′ N. lat., 124°47.98′ W. (86) 40°31.70′ N. lat., 124°37.13′ W. (18) 48°14.60′ N. lat., 125°13.46′ W. long.; long.; long.;

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(19) 48°16.67′ N. lat., 125°14.34′ W. (54) 47°28.21′ N. lat., 124°50.65′ W. (89) 46°00.97′ N. lat., 124°38.56′ W. long.; long.; long.; (20) 48°18.73′ N. lat., 125°14.41′ W. (55) 47°27.38′ N. lat., 124°49.34′ W. (90) 45°57.04′ N. lat., 124°36.42′ W. long.; long.; long.; (21) 48°19.67′ N. lat., 125°13.70′ W. (56) 47°25.61′ N. lat., 124°48.26′ W. (91) 45°54.29′ N. lat., 124°40.02′ W. long.; long.; long.; (22) 48°19.70′ N. lat., 125°11.13′ W. (57) 47°23.54′ N. lat., 124°46.42′ W. (92) 45°47.19′ N. lat., 124°35.58′ W. long.; long.; long.; (23) 48°22.95′ N. lat., 125°10.79′ W. (58) 47°20.64′ N. lat., 124°45.91′ W. (93) 45°41.75′ N. lat., 124°28.32′ W. long.; long.; long.; (24) 48°21.61′ N. lat., 125°02.54′ W. (59) 47°17.99′ N. lat., 124°45.59′ W. (94) 45°34.16′ N. lat., 124°24.23′ W. long.; long.; long.; (25) 48°23.00′ N. lat., 124°49.34′ W. (60) 47°18.20′ N. lat., 124°49.12′ W. (95) 45°27.10′ N. lat., 124°21.74′ W. long.; long.; long.; (26) 48°17.00′ N. lat., 124°56.50′ W. (61) 47°15.01′ N. lat., 124°51.09′ W. (96) 45°17.14′ N. lat., 124°17.85′ W. long.; long.; long.; (27) 48°06.00′ N. lat., 125°00.00′ W. (62) 47°12.61′ N. lat., 124°54.89′ W. (97) 44°59.51′ N. lat., 124°19.34′ W. long.; long.; long.; (28) 48°04.62′ N. lat., 125°01.73′ W. (63) 47°08.22′ N. lat., 124°56.53′ W. (98) 44°49.30′ N. lat., 124°29.97′ W. long.; long.; long.; (29) 48°04.84′ N. lat., 125°04.03′ W. (64) 47°08.50′ N. lat., 124°54.95′ W. (99) 44°45.64′ N. lat., 124°33.89′ W. long.; long.; long.; (30) 48°06.41′ N. lat., 125°06.51′ W. (65) 47°01.92′ N. lat., 124°57.74′ W. (100) 44°33.00′ N. lat., 124°36.88′ W. long.; long.; long.; (31) 48°06.00′ N. lat., 125°08.00′ W. (66) 47°01.14′ N. lat., 124°59.35′ W. (101) 44°28.20′ N. lat., 124°44.72′ W. long.; long.; long.; (32) 48°07.08′ N. lat., 125°09.34′ W. (67) 46°58.48′ N. lat., 124°57.81′ W. (102) 44°13.16′ N. lat., 124°56.36′ W. long.; long.; long.; (33) 48°07.28′ N. lat., 125°11.14′ W. (68) 46°56.79′ N. lat., 124°56.03′ W. (103) 43°56.34′ N. lat., 124°55.74′ W. long.; long.; long.; (34) 48°03.45′ N. lat., 125°16.66′ W. (69) 46°58.01′ N. lat., 124°55.09′ W. (104) 43°56.47′ N. lat., 124°34.61′ W. long.; long.; long.; (35) 47°59.50′ N. lat., 125°18.88′ W. (70) 46°55.07′ N. lat., 124°54.14′ W. (105) 43°42.73′ N. lat., 124°32.41′ W. long.; long.; long.; (36) 47°58.68′ N. lat., 125°16.19′ W. (71) 46°59.60′ N. lat., 124°49.79′ W. (106) 43°30.92′ N. lat., 124°34.43′ W. long.; long.; long.; (37) 47°56.62′ N. lat., 125°13.50′ W. (72) 46°58.72′ N. lat., 124°48.78′ W. (107) 43°17.44′ N. lat., 124°41.16′ W. long.; long.; long.; (38) 47°53.71′ N. lat., 125°11.96′ W. (73) 46°54.45′ N. lat., 124°48.36′ W. (108) 43°07.04′ N. lat., 124°41.25′ W. long.; long.; long.; (39) 47°51.70′ N. lat., 125°09.38′ W. (74) 46°53.99′ N. lat., 124°49.95′ W. (109) 43°03.45′ N. lat., 124°44.36′ W. long.; long.; long.; (40) 47°49.95′ N. lat., 125°06.07′ W. (75) 46°54.38′ N. lat., 124°52.73′ W. (110) 43°03.90′ N. lat., 124°50.81′ W. long.; long.; long.; (41) 47°49.00′ N. lat., 125°03.00′ W. (76) 46°52.38′ N. lat., 124°52.02′ W. (111) 42°55.70′ N. lat., 124°52.79′ W. long.; long.; long.; (42) 47°46.95′ N. lat., 125°04.00′ W. (77) 46°48.93′ N. lat., 124°49.17′ W. (112) 42°54.12′ N. lat., 124°47.36′ W. long.; long.; long.; (43) 47°46.58′ N. lat., 125°03.15′ W. (78) 46°41.50′ N. lat., 124°43.00′ W. (113) 42°43.99′ N. lat., 124°42.38′ W. long.; long.; long.; (44) 47°44.07′ N. lat., 125°04.28′ W. (79) 46°34.50′ N. lat., 124°28.50′ W. (114) 42°38.23′ N. lat., 124°41.25′ W. long.; long.; long.; (45) 47°43.32′ N. lat., 125°04.41′ W. (80) 46°29.00′ N. lat., 124°30.00′ W. (115) 42°33.02′ N. lat., 124°42.38′ W. long.; long.; long.; (46) 47°40.95′ N. lat., 125°04.14′ W. (81) 46°20.00′ N. lat., 124°36.50′ W. (116) 42°31.89′ N. lat., 124°42.04′ W. long.; long.; long.; (47) 47°39.58′ N. lat., 125°04.97′ W. (82) 46°18.00′ N. lat., 124°38.00′ W. (117) 42°30.08′ N. lat., 124°42.67′ W. long.; long.; long.; (48) 47°36.23′ N. lat., 125°02.77′ W. (83) 46°17.52′ N. lat., 124°35.35′ W. (118) 42°28.27′ N. lat., 124°47.08′ W. long.; long.; long.; (49) 47°34.28′ N. lat., 124°58.66′ W. (84) 46°17.00′ N. lat., 124°22.50′ W. (119) 42°25.22′ N. lat., 124°43.51′ W. long.; long.; long.; (50) 47°32.17′ N. lat., 124°57.77′ W. (85) 46°15.02′ N. lat., 124°23.77′ W. (120) 42°19.22′ N. lat., 124°37.92′ W. long.; long.; long.; (51) 47°30.27′ N. lat., 124°56.16′ W. (86) 46°12.00′ N. lat., 124°35.00′ W. (121) 42°16.28′ N. lat., 124°36.11′ W. long.; long.; long.; (52) 47°30.60′ N. lat., 124°54.80′ W. (87) 46°10.50′ N. lat., 124°39.00′ W. (122) 42°05.65′ N. lat., 124°34.92′ W. long.; long.; long.; (53) 47°29.26′ N. lat., 124°52.21′ W. (88) 46°08.90′ N. lat., 124°39.11′ W. (123) 42°00.00′ N. lat., 124°35.27′ W. long.; long.; long.;

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(124) 42°00.00′ N. lat., 124°35.26′ W. (6) 48°11.78′ N. lat., 125°41.70′ W. (41) 47°46.00′ N. lat., 125°06.00′ W. long.; long.; long.; (125) 41°47.04′ N. lat., 124°27.64′ W. (7) 48°10.62′ N. lat., 125°43.41′ W. (42) 47°44.50′ N. lat., 125°07.50′ W. long.; long.; long.; (126) 41°32.92′ N. lat., 124°28.79′ W. (8) 48°09.23′ N. lat., 125°42.80′ W. (43) 47°43.39′ N. lat., 125°06.57′ W. long.; long.; long.; (127) 41°24.17′ N. lat., 124°28.46′ W. (9) 48°08.79′ N. lat., 125°43.79′ W. (44) 47°42.37′ N. lat., 125°05.74′ W. long.; long.; long.; (128) 41°10.12′ N. lat., 124°20.50′ W. (10) 48°08.50′ N. lat., 125°45.00′ W. (45) 47°40.61′ N. lat., 125°06.48′ W. long.; long.; long.; (129) 40°51.41′ N. lat., 124°24.38′ W. (11) 48°07.43′ N. lat., 125°46.36′ W. (46) 47°37.43′ N. lat., 125°07.33′ W. long.; long.; long.; (130) 40°43.71′ N. lat., 124°29.89′ W. (12) 48°06.00′ N. lat., 125°46.50′ W. (47) 47°33.68′ N. lat., 125°04.80′ W. long.; long.; long.; (131) 40°40.14′ N. lat., 124°30.90′ W. (13) 48°05.38′ N. lat., 125°42.82′ W. (48) 47°30.00′ N. lat., 125°00.00′ W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (132) 40°37.35′ N. lat., 124°29.05′ W. (14) 48 04.19 N. lat., 125 40.40 W. (49) 47 28.00 N. lat., 124 58.50 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (133) 40°34.76′ N. lat., 124°29.82′ W. (15) 48 03.50 N. lat., 125 37.00 W. (50) 47 28.88 N. lat., 124 54.71 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (134) 40°36.78′ N. lat., 124°37.06′ W. (16) 48 01.50 N. lat., 125 40.00 W. (51) 47 27.70 N. lat., 124 51.87 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (135) 40°32.44′ N. lat., 124°39.58′ W. (17) 47 57.00 N. lat., 125 37.00 W. (52) 47 24.84 N. lat., 124 48.45 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (136) 40°24.82′ N. lat., 124°35.12′ W. (18) 47 55.21 N. lat., 125 37.22 W. (53) 47 21.76 N. lat., 124 47.42 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (137) 40°23.30′ N. lat., 124°31.60′ W. (19) 47 54.02 N. lat., 125 36.57 W. (54) 47 18.84 N. lat., 124 46.75 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (138) 40°23.52′ N. lat., 124°28.78′ W. (20) 47 53.67 N. lat., 125 35.06 W. (55) 47 19.82 N. lat., 124 51.43 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (139) 40°22.43′ N. lat., 124°25.00′ W. (21) 47 54.14 N. lat., 125 32.35 W. (56) 47 18.13 N. lat., 124 54.25 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (140) 40°21.72′ N. lat., 124°24.94′ W. (22) 47 55.50 N. lat., 125 28.56 W. (57) 47 13.50 N. lat., 124 54.69 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (141) 40°21.87′ N. lat., 124°27.96′ W. (23) 47 57.03 N. lat., 125 26.52 W. (58) 47 15.00 N. lat., 125 00.00 W. long.; long.; long.; (24) 47°57.98′ N. lat., 125°25.08′ W. (59) 47°08.00′ N. lat., 124°59.83′ W. (142) 40°21.40′ N. lat., 124°28.74′ W. long.; long.; long.; (25) 48°00.54′ N. lat., 125°24.38′ W. (60) 47°05.79′ N. lat., 125°01.00′ W. (143) 40°19.68′ N. lat., 124°28.49′ W. long.; long.; long.; (26) 48°01.45′ N. lat., 125°23.70′ W. (61) 47°03.34′ N. lat., 124°57.49′ W. (144) 40°17.73′ N. lat., 124°25.43′ W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (27) 48 01.97 N. lat., 125 22.34 W. (62) 47 01.00 N. lat., 125 00.00 W. (145) 40 18.37 N. lat., 124 23.35 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (28) 48 03.68 N. lat., 125 21.20 W. (63) 46 55.00 N. lat., 125 02.00 W. (146) 40 15.75 N. lat., 124 26.05 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (29) 48 01.96 N. lat., 125 19.56 W. (64) 46 51.00 N. lat., 124 57.00 W. (147) 40 16.75 N. lat., 124 33.71 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (30) 48 00.98 N. lat., 125 20.43 W. (65) 46 47.00 N. lat., 124 55.00 W. (148) 40 16.29 N. lat., 124 34.36 W. long.; long.; long.; and ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (31) 48 00.00 N. lat., 125 20.68 W. (66) 46 34.00 N. lat., 124 38.00 W. (149) 40 10.00 N. lat., 124 21.12 W. long.; long.; long. (32) 47°58.00′ N. lat., 125°19.50′ W. (67) 46°30.50′ N. lat., 124°41.00′ W. (iv) The 250 fm (457 m) depth contour long.; long.; ° used north of 38 N. lat. as a western (33) 47°57.65′ N. lat., 125°19.18′ W. (68) 46°33.00′ N. lat., 124°32.00′ W. boundary for the trawl RCA in the long.; long.; months of March through October is (34) 47°58.00′ N. lat., 125°18.00′ W. (69) 46°29.00′ N. lat., 124°32.00′ W. defined by straight lines connecting all long.; long.; of the following points in the order (35) 47°56.59′ N. lat., 125°18.15′ W. (70) 46°20.00′ N. lat., 124°39.00′ W. stated: long.; long.; (1) 48°14.68′ N. lat., 125°42.10′ W. (36) 47°51.30′ N. lat., 125°18.32′ W. (71) 46°18.16′ N. lat., 124°40.00′ W. long.; long.; long.; (2) 48°13.00′ N. lat., 125°39.00′ W. (37) 47°49.88′ N. lat., 125°14.49′ W. (72) 46°15.83′ N. lat., 124°27.01′ W. long.; long.; long.; (3) 48°12.73′ N. lat., 125°38.87′ W. (38) 47°49.00′ N. lat., 125°11.00′ W. (73) 46°15.00′ N. lat., 124°30.96′ W. long.; long.; long.; (4) 48°12.43′ N. lat., 125°39.12′ W. (39) 47°47.99′ N. lat., 125°07.31′ W. (74) 46°13.17′ N. lat., 124°37.87′ W. long.; long.; long.; (5) 48°11.83′ N. lat., 125°40.01′ W. (40) 47°46.47′ N. lat., 125°08.63′ W. (75) 46°13.17′ N. lat., 124°38.75′ W. long.; long.; long.;

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(76) 46°10.50′ N. lat., 124°42.00′ W. (111) 42°28.39′ N. lat., 124°49.94′ W. (146) 38°44.64′ N. lat.,123°51.77′ W. long.; long.; long.; (77) 46°06.21′ N. lat., 124°41.85′ W. (112) 42°26.28′ N. lat., 124°47.60′ W. (147) 38°32.97′ N. lat.,123°41.84′ W. long.; long.; long.; (78) 46°03.02′ N. lat., 124°50.27′ W. (113) 42°19.58′ N. lat., 124°43.21′ W. (148) 38°14.56′ N. lat.,123°32.18′ W. long.; long.; long.; (79) 45°57.00′ N. lat., 124°45.52′ W. (114) 42°13.75′ N. lat., 124°40.06′ W. (149) 38°13.85′ N. lat.,123°29.94′ W. long.; long.; long.; (80) 45°46.85′ N. lat., 124°45.91′ W. (115) 42°05.12′ N. lat., 124°39.06′ W. (150) 38°11.88′ N. lat.,123°30.57′ W. long.; long.; long.; (81) 45°45.81′ N. lat., 124°47.05′ W. (116) 41°59.99′ N. lat., 124°37.72′ W. (151) 38°08.72′ N. lat.,123°29.56′ W. long.; long.; long.; (82) 45°44.87′ N. lat., 124°45.98′ W. (117) 42°00.00′ N. lat., 124°37.76′ W. (152) 38°05.62′ N. lat.,123°32.38′ W. long.; long.; long.; (83) 45°43.44′ N. lat., 124°46.03′ W. (118) 41°47.93′ N. lat., 124°31.79′ W. (153) 38°01.90′ N. lat.,123°32.00′ W. long.; long.; long.; and (84) 45°35.82′ N. lat., 124°45.72′ W. (119) 41°21.35′ N. lat., 124°30.35′ W. (154) 38°00.00′ N. lat., 123°30.00′ W. long.; long.; long. (85) 45°35.70′ N. lat., 124°42.89′ W. (120) 41°07.11′ N. lat., 124°25.25′ W. (v) The Winter Petrale Boundary used long.; long.; north of 38° N. lat. as a western (86) 45°24.45′ N. lat., 124°38.21′ W. (121) 40°57.37′ N. lat., 124°30.25′ W. boundary for the trawl RCA, modified to long.; long.; allow fishing for petrale in the winter (87) 45°11.68′ N. lat., 124°39.38′ W. (122) 40°48.77′ N. lat., 124°30.69′ W. months of January, February, November, long.; long.; and December, is defined by straight (88) 44°57.94′ N. lat., 124°37.02′ W. (123) 40°41.03′ N. lat., 124°33.21′ W. lines connecting all of the following long.; long.; points in the order stated: (89) 44°44.28′ N. lat., 124°50.79′ W. (124) 40°37.40′ N. lat., 124°38.96′ W. (1) 48°14.71′ N. lat., 125°41.95′ W. long.; long.; long.; (90) 44°32.63′ N. lat., 124°54.21′ W. (125) 40°33.70′ N. lat., 124°42.50′ W. (2) 48°13.00′ N. lat., 125°39.00′ W. long.; long.; long.; (91) 44°23.20′ N. lat., 124°49.87′ W. (126) 40°31.31′ N. lat., 124°41.59′ W. (3) 48°08.50′ N. lat., 125°45.00′ W. long.; long.; long.; (92) 44°13.17′ N. lat., 124°58.81′ W. (127) 40°25.00′ N. lat., 124°36.65′ W. (4) 48°06.00′ N. lat., 125°46.50′ W. long.; long.; long.; (93) 43°57.92′ N. lat., 124°58.29′ W. (128) 40°22.42′ N. lat., 124°32.19′ W. (5) 48°03.50′ N. lat., 125°37.00′ W. long.; long.; long.; (94) 43°50.12′ N. lat., 124°53.36′ W. (129) 40°17.17′ N. lat., 124°32.21′ W. (6) 48°01.50′ N. lat., 125°40.00′ W. long.; long.; long.; (95) 43°49.53′ N. lat., 124°43.96′ W. (130) 40°18.68′ N. lat., 124°50.44′ W. (7) 47°57.00′ N. lat., 125°37.00′ W. long.; long.; long.; (96) 43°42.76′ N. lat., 124°41.40′ W. (131) 40°13.55′ N. lat.,124°34.26′ W. (8) 47°55.50′ N. lat., 125°28.50′ W. long.; long.; long.; (97) 43°24.00′ N. lat., 124°42.61′ W. (132) 40°10.11′ N. lat.,124°28.25′ W. (9) 47°58.00′ N. lat., 125°25.00′ W. long.; long.; long.; (98) 43°19.74′ N. lat., 124°45.12′ W. (133) 40°06.72′ N. lat.,124°21.40′ W. (10) 48°00.50′ N. lat., 125°24.50′ W. long.; long.; long.; (99) 43°19.62′ N. lat., 124°52.95′ W. (134) 40°01.63′ N. lat.,124°17.25′ W. (11) 48°03.50′ N. lat., 125°21.00′ W. long.; long.; long.; (100) 43°17.41′ N. lat., 124°53.02′ W. (135) 40°00.68′ N. lat.,124°11.19′ W. (12) 48°02.00′ N. lat., 125°19.50′ W. long.; long.; long.; (101) 42°49.15′ N. lat., 124°54.93′ W. (136) 39°59.09′ N. lat., 124°14.92′ W. (13) 48°00.00′ N. lat., 125°21.00′ W. long.; long.; long.; (102) 42°46.74′ N. lat., 124°53.39′ W. (137) 39°51.85′ N. lat.,124°10.33′ W. (14) 47°58.00′ N. lat., 125°20.00′ W. long.; long.; long.; (103) 42°43.76′ N. lat., 124°51.64′ W. (138) 39°36.90′ N. lat.,124°00.63′ W. (15) 47°58.00′ N. lat., 125°18.00′ W. long.; long.; long.; (104) 42°45.41′ N. lat., 124°49.35′ W. (139) 39°32.41′ N. lat.,124°00.01′ W. (16) 47°52.00′ N. lat., 125°16.50′ W. long.; long.; long.; (105) 42°43.92′ N. lat., 124°45.92′ W. (140) 39°05.40′ N. lat.,124°00.52′ W. (17) 47°49.00′ N. lat., 125°11.00′ W. long.; long.; long.; (106) 42°38.87′ N. lat., 124°43.38′ W. (141) 39°04.32′ N. lat.,123°59.00′ W. (18) 47°46.00′ N. lat., 125°06.00′ W. long.; long.; long.; (107) 42°34.78′ N. lat., 124°46.56′ W. (142) 38°58.02′ N. lat.,123°58.18′ W. (19) 47°44.50′ N. lat., 125°07.50′ W. long.; long.; long.; (108) 42°31.47′ N. lat., 124°46.89′ W. (143) 38°58.19′ N. lat.,124°01.90′ W. (20) 47°42.00′ N. lat., 125°06.00′ W. long.; long.; long.; (109) 42°31.00′ N. lat., 124°44.28′ W. (144) 38°50.27′ N. lat.,123°56.26′ W. (21) 47°38.00′ N. lat., 125°07.00′ W. long.; long.; long.; (110) 42°29.22′ N. lat., 124°46.93′ W. (145) 38°46.73′ N. lat.,123°51.93′ W. (22) 47°30.00′ N. lat., 125°00.00′ W. long.; long.; long.;

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(23) 47°28.00′ N. lat., 124°58.50′ W. (58) 45°41.58′ N. lat., 124°39.86′ W. (93) 42°30.98′ N. lat., 124°44.27′ W. long.; long.; long.; (24) 47°28.88′ N. lat., 124°54.71′ W. (59) 45°38.45′ N. lat., 124°39.94′ W. (94) 42°29.21′ N. lat., 124°46.93′ W. long.; long.; long.; (25) 47°27.70′ N. lat., 124°51.87′ W. (60) 45°35.75′ N. lat., 124°42.91′ W. (95) 42°28.52′ N. lat., 124°49.40′ W. long.; long.; long.; (26) 47°24.84′ N. lat., 124°48.45′ W. (61) 45°24.49′ N. lat., 124°38.20′ W. (96) 42°26.06′ N. lat., 124°46.61′ W. long.; long.; long.; (27) 47°21.76′ N. lat., 124°47.42′ W. (62) 45°14.43′ N. lat., 124°39.05′ W. (97) 42°21.82′ N. lat., 124°43.76′ W. long.; long.; long.; (28) 47°18.84′ N. lat., 124°46.75′ W. (63) 45°14.30′ N. lat., 124°34.19′ W. (98) 42°17.47′ N. lat., 124°38.89′ W. long.; long.; long.; (29) 47°19.82′ N. lat., 124°51.43′ W. (64) 45°08.98′ N. lat., 124°34.26′ W. (99) 42°13.67′ N. lat., 124°37.51′ W. long.; long.; long.; (30) 47°18.13′ N. lat., 124°54.25′ W. (65) 45°09.02′ N. lat., 124°38.81′ W. (100) 42°13.76′ N. lat., 124°40.03′ W. long.; long.; long.; (31) 47°13.50′ N. lat., 124°54.69′ W. (66) 44°57.98′ N. lat., 124°36.98′ W. (101) 42°05.12′ N. lat., 124°39.06′ W. long.; long.; long.; (32) 47°15.00′ N. lat., 125°00.00′ W. (67) 44°56.62′ N. lat., 124°38.32′ W. (102) 42°02.67′ N. lat., 124°38.41′ W. long.; long.; long.; (33) 47°08.00′ N. lat., 124°59.82′ W. (68) 44°50.82′ N. lat., 124°35.52′ W. (103) 42°02.67′ N. lat., 124°35.95′ W. long.; long.; long.; (34) 47°05.79′ N. lat., 125°01.00′ W. (69) 44°46.89′ N. lat., 124°38.32′ W. (104) 42°00.00′ N. lat., 124°35.88′ W. long.; long.; long.; (35) 47°03.34′ N. lat., 124°57.49′ W. (70) 44°50.78′ N. lat., 124°44.24′ W. (105) 41°59.99′ N. lat., 124°35.92′ W. long.; long.; long.; (36) 47°01.00′ N. lat., 125°00.00′ W. (71) 44°44.27′ N. lat., 124°50.78′ W. (106) 41°56.38′ N. lat., 124°34.96′ W. long.; long.; long.; (37) 46°55.00′ N. lat., 125°02.00′ W. (72) 44°32.63′ N. lat., 124°54.24′ W. (107) 41°53.98′ N. lat., 124°32.50′ W. long.; long.; long.; (38) 46°51.00′ N. lat., 124°57.00′ W. (73) 44°23.25′ N. lat., 124°49.78′ W. (108) 41°50.69′ N. lat., 124°30.46′ W. long.; long.; long.; (39) 46°47.00′ N. lat., 124°55.00′ W. (74) 44°13.16′ N. lat., 124°58.81′ W. (109) 41°47.79′ N. lat., 124°29.52′ W. long.; long.; long.; (40) 46°34.00′ N. lat., 124°38.00′ W. (75) 43°57.88′ N. lat., 124°58.25′ W. (110) 41°21.00′ N. lat., 124°29.00′ W. long.; long.; long.; (41) 46°30.50′ N. lat., 124°41.00′ W. (76) 43°56.89′ N. lat., 124°57.33′ W. (111) 41°11.00′ N. lat., 124°23.00′ W. long.; long.; long.; (42) 46°33.00′ N. lat., 124°32.00′ W. (77) 43°53.41′ N. lat., 124°51.95′ W. (112) 41°05.00′ N. lat., 124°23.00′ W. long.; long.; long.; (43) 46°29.00′ N. lat., 124°32.00′ W. (78) 43°51.56′ N. lat., 124°47.38′ W. (113) 40°54.00′ N. lat., 124°26.00′ W. long.; long.; long.; (44) 46°20.00′ N. lat., 124°39.00′ W. (79) 43°51.49′ N. lat., 124°37.77′ W. (114) 40°50.00′ N. lat., 124°26.00′ W. long.; long.; long.; (45) 46°18.16′ N. lat., 124°40.00′ W. (80) 43°48.02′ N. lat., 124°43.31′ W. (115) 40°44.51′ N. lat., 124°30.83′ W. long.; long.; long.; (46) 46°15.83′ N. lat., 124°27.01′ W. (81) 43°42.77′ N. lat., 124°41.39′ W. (116) 40°40.61′ N. lat., 124°32.06′ W. long.; long.; long.; (47) 46°15.00′ N. lat., 124°30.96′ W. (82) 43°24.09′ N. lat., 124°42.57′ W. (117) 40°37.36′ N. lat., 124°29.41′ W. long.; long.; long.; (48) 46°13.17′ N. lat., 124°38.76′ W. (83) 43°19.73′ N. lat., 124°45.09′ W. (118) 40°35.64′ N. lat., 124°30.47′ W. long.; long.; long.; (49) 46°10.51′ N. lat., 124°41.99′ W. (84) 43°15.98′ N. lat., 124°47.76′ W. (119) 40°37.43′ N. lat., 124°37.10′ W. long.; long.; long.; (50) 46°06.24′ N. lat., 124°41.81′ W. (85) 43°04.14′ N. lat., 124°52.55′ W. (120) 40°36.00′ N. lat., 124°40.00′ W. long.; long.; long.; (51) 46°03.04′ N. lat., 124°50.26′ W. (86) 43°04.00′ N. lat., 124°53.88′ W. (121) 40°31.59′ N. lat., 124°40.72′ W. long.; long.; long.; (52) 45°56.99′ N. lat., 124°45.45′ W. (87) 42°54.69′ N. lat., 124°54.54′ W. (122) 40°24.64′ N. lat., 124°35.62′ W. long.; long.; long.; (53) 45°49.94′ N. lat., 124°45.75′ W. (88) 42°45.46′ N. lat., 124°49.37′ W. (123) 40°23.00′ N. lat., 124°32.00′ W. long.; long.; long.; (54) 45°49.94′ N. lat., 124°42.33′ W. (89) 42°43.91′ N. lat., 124°45.90′ W. (124) 40°23.39′ N. lat., 124°28.70′ W. long.; long.; long.; (55) 45°45.73′ N. lat., 124°42.18′ W. (90) 42°38.84′ N. lat., 124°43.36′ W. (125) 40°22.28′ N. lat., 124°25.25′ W. long.; long.; long.; (56) 45°45.73′ N. lat., 124°43.82′ W. (91) 42°34.82′ N. lat., 124°46.56′ W. (126) 40°21.90′ N. lat., 124°25.17′ W. long.; long.; long.; (57) 45°41.94′ N. lat., 124°43.61′ W. (92) 42°31.57′ N. lat., 124°46.86′ W. (127) 40°22.00′ N. lat., 124°28.00′ W. long.; long.; long.;

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(128) 40°21.35′ N. lat., 124°29.53′ W. (9) 39°50.65′ N. lat., 123°57.98′ W. (6) 40°00.72′ N. lat., 124°08.45′ W. long.; long.; long.; (129) 40°19.75′ N. lat., 124°28.98′ W. (10) 39°40.16′ N. lat., 123°52.41′ W. (7) 39°56.60′ N. lat., 124°07.12′ W. long.; long.; long.; (130) 40°18.15′ N. lat., 124°27.01′ W. (11) 39°30.12′ N. lat., 123°52.92′ W. (8) 39°52.58′ N. lat., 124°03.57′ W. long.; long.; long.; (131) 40°17.45′ N. lat., 124°25.49′ W. (12) 39°24.53′ N. lat., 123°55.16′ W. (9) 39°50.65′ N. lat., 123°57.98′ W. long.; long.; long.; (132) 40°18.00′ N. lat., 124°24.00′ W. (13) 39°11.58′ N. lat., 123°50.93′ W. (10) 39°40.16′ N. lat., 123°52.41′ W. long.; long.; long.; (133) 40°16.00′ N. lat., 124°26.00′ W. (14) 38°55.13′ N. lat., 123°51.14′ W. (11) 39°30.12′ N. lat., 123°52.92′ W. long.; long.; long.; (134) 40°17.00′ N. lat., 124°35.00′ W. (15) 38°28.58′ N. lat., 123°22.84′ W. (12) 39°24.53′ N. lat., 123°55.16′ W. long.; long.; long.; (135) 40°16.00′ N. lat., 124°36.00′ W. (16) 38°14.58′ N. lat., 123°09.93′ W. (13) 39°11.58′ N. lat., 123°50.93′ W. long.; long.; long.; (136) 40°10.00′ N. lat., 124°22.75′ W. (17) 38°01.86′ N. lat., 123°09.76′ W. (14) 38°55.13′ N. lat., 123°51.14′ W. long.; long.; long.; (137) 40°03.00′ N. lat., 124°14.75′ W. (18) 37°53.66′ N. lat., 123°12.06′ W. (15) 38°28.58′ N. lat., 123°22.84′ W. long.; long.; long.; (138) 39°49.25′ N. lat., 124°06.00′ W. (19) 37°48.01′ N. lat., 123°15.84′ W. (16) 38°08.57′ N. lat., 123°14.74′ W. long.; long.; long.; (138) 39°34.75′ N. lat., 123°58.50′ W. (20) 37°36.77′ N. lat., 122°58.48′ W. (17) 38°00.28′ N. lat., 123°15.61′ W. long.; long.; long.; (140) 39°03.07′ N. lat., 123°57.81′ W. (21) 37°01.02′ N. lat., 122°33.71′ W. (18) 37°56.98′ N. lat., 123°21.82′ W. long.; long.; long.; (141) 38°52.25′ N. lat., 123°56.25′ W. (22) 37°02.28′ N. lat., 122°25.06′ W. (19) 37°48.01′ N. lat., 123°15.90′ W. long.; long.; long.; (142) 38°41.42′ N. lat., 123°46.75′ W. (23) 36°48.20′ N. lat., 122°03.28′ W. (20) 37°36.73′ N. lat., 122°58.48′ W. long.; long.; long.; (143) 38°39.47′ N. lat., 123°46.59′ W. (24) 36°51.46′ N. lat., 121°57.54′ W. (21) 36°48.20′ N. lat., 122°03.32′ W. long.; long.; long.; (144) 38°35.25′ N. lat., 123°42.00′ W. (25) 36°44.14′ N. lat., 121°58.10′ W. (22) 37°02.08′ N. lat., 122°25.49′ W. long.; long.; long.; (145) 38°19.97′ N. lat., 123°32.95′ W. (26) 36°36.76′ N. lat., 122°01.16′ W. (23) 37°07.58′ N. lat., 122°37.64′ W. long.; long.; long.; (146) 38°15.00′ N. lat., 123°26.50′ W. (27) 36°15.62′ N. lat., 121°57.13′ W. (24) 36°51.46′ N. lat., 121°57.54′ W. long.; long.; long.; (147) 38°08.09′ N. lat., 123°23.39′ W. (28) 36°10.60′ N. lat., 121°43.65′ W. (25) 36°44.14′ N. lat., 121°58.10′ W. long.; long.; long.; (148) 38°10.08′ N. lat., 123°26.82′ W. (29) 35°40.38′ N. lat., 121°22.59′ W. (26) 36°36.76′ N. lat., 122°01.16′ W. long.; long.; long.; (149) 38°04.08′ N. lat., 123°32.12′ W. (30) 35°24.35′ N. lat., 121°02.53′ W. (27) 36°15.62′ N. lat., 121°57.13′ W. long.; and long.; long.; (150) 38°00.00′ N. lat., 123°29.85′ W. (31) 35°02.66′ N. lat., 120°51.63′ W. (28) 36°10.60′ N. lat., 121°43.65′ W. long. long.; long.; (vi) The 50 fm (91 m) depth contour (32) 34°39.52′ N. lat., 120°48.72′ W. (29) 35°40.38′ N. lat., 121°22.59′ W. used between 40°10′ N. lat. and 34°27′ long.; long.; N. lat. as an eastern boundary for the (33) 34°31.26′ N. lat., 120°44.12′ W. (30) 35°24.35′ N. lat., 121°02.53′ W. trawl RCA in the months of January and long.; and long.; February is defined by straight lines (34) 34°27.00′ N. lat., 120°36.00′ W. (31) 35°02.66′ N. lat., 120°51.63′ W. connecting all of the following points in long. long.; the order stated: (vii) The 60 fm (110 m) depth contour (32) 34°39.52′ N. lat., 120°48.72′ W. (1) 40°10.01′ N. lat., 124°19.97′ W. used between 40°10′ N. lat. and 34°27′ long.; long.; N. lat. as an eastern boundary for the (33) 34°31.26′ N. lat., 120°44.12′ W. (2) 40°09.20′ N. lat., 124°15.81′ W. trawl RCA in March through December long.; and long.; is defined by straight lines connecting (34) 34°27.00′ N. lat., 120°36.00′ W. (3) 40°07.51′ N. lat., 124°15.29′ W. all of the following points in the order long. long.; stated: (viii) The 100 fm (183 m) depth (4) 40°05.22′ N. lat., 124°10.06′ W. (1) 40°10.01′ N. lat., 124°19.97′ W. contour used between 34°27′ N. lat. and long.; long.; the U.S. border with Mexico as an (5) 40°06.51′ N. lat., 124°08.01′ W. (2) 40°09.20′ N. lat., 124°15.81′ W. eastern boundary for the trawl RCA is long.; long.; defined by straight lines connecting all (6) 40°00.72′ N. lat., 124°08.45′ W. (3) 40°07.51′ N. lat., 124°15.29′ W. of the following points in the order long.; long.; stated: (7) 39°56.60′ N. lat., 124°07.12′ W. (4) 40°05.22′ N. lat., 124°10.06′ W. (1) 34°27.00′ N. lat., 120°39.00′ W. long.; long.; long.; (8) 39°52.58′ N. lat., 124°03.57′ W. (5) 40°06.51′ N. lat., 124°08.01′ W. (2) 34°21.90′ N. lat., 120°25.25′ W. long.; long.; long.;

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(3) 34°24.86′ N. lat., 120°16.81′ W. lines connecting all of the following (35) 36°52.86′ N. lat., 122°12.89′ W. long.; points in the order stated: long.; (4) 34°22.80′ N. lat., 119°57.06′ W. (1) 40°10.01′ N. lat., 124°22.90′ W. (36) 36°48.71′ N. lat., 122°09.28′ W. long.; long.; long.; (5) 34°18.59′ N. lat., 119°44.84′ W. (2) 40°07.00′ N. lat., 124°19.00′ W. (37) 36°46.65′ N. lat., 122°04.10′ W. long.; long.; long.; (6) 34°15.04′ N. lat., 119°40.34′ W. (3) 40°08.10′ N. lat., 124°16.70′ W. (38) 36°51.00′ N. lat., 121°58.00′ W. long.; long.; long.; (7) 34°14.40′ N. lat., 119°45.39′ W. (4) 40°05.90′ N. lat., 124°17.77′ W. (39) 36°44.00′ N. lat., 121°59.00′ W. long.; long.; long.; (8) 34°12.32′ N. lat., 119°42.41′ W. (5) 40°01.46′ N. lat., 124°12.85′ W. (40) 36°38.00′ N. lat., 122°02.00′ W. long.; long.; long.; (9) 34°09.71′ N. lat., 119°28.85′ W. (6) 40°04.32′ N. lat., 124°10.33′ W. (41) 36°26.00′ N. lat., 121°59.50′ W. long.; long.; long.; (10) 34°04.70′ N. lat., 119°15.38′ W. (7) 40°03.21′ N. lat., 124°08.83′ W. (42) 36°22.00′ N. lat., 122°01.00′ W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (11) 34°03.33′ N. lat., 119°12.93′ W. (8) 40 01.33 N. lat., 124 08.70 W. (43) 36 19.00 N. lat., 122 05.00 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (12) 34°02.72′ N. lat., 119°07.01′ W. (9) 39 58.51 N. lat., 124 12.44 W. (44) 36 14.00 N. lat., 121 58.00 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (13) 34°03.90′ N. lat., 119°04.64′ W. (10) 39 55.73 N. lat., 124 07.49 W. (45) 36 10.61 N. lat., 121 44.51 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (14) 34°01.80′ N. lat., 119°03.23′ W. (11) 39 34.75 N. lat., 123 58.50 W. (46) 35 50.53 N. lat., 121 29.93 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (15) 33°59.32′ N. lat., 119°03.50′ W. (12) 39 03.07 N. lat., 123 57.81 W. (47) 35 46.00 N. lat., 121 28.00 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (16) 33°59.00′ N. lat., 118°59.55′ W. (13) 38 52.25 N. lat., 123 56.25 W. (48) 35 38.94 N. lat., 121 23.16 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (17) 33°59.51′ N. lat., 118°57.25′ W. (14) 38 41.42 N. lat., 123 46.75 W. (49) 35 26.00 N. lat., 121 08.00 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (18) 33°58.82′ N. lat., 118°52.47′ W. (15) 38 39.47 N. lat., 123 46.59 W. (50) 35 07.42 N. lat., 120 57.08 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (19) 33°58.54′ N. lat., 118°41.86′ W. (16) 38 35.25 N. lat., 123 42.00 W. (51) 34 42.00 N. lat., 120 54.00 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ (20) 33°55.07′ N. lat., 118°34.25′ W. (17) 38 19.97 N. lat., 123 32.95 W. (52) 34 29.00 N. lat., 120 44.00 W. long.; long.; long.; (18) 38°14.43′ N. lat., 123°25.56′ W. (53) 34°22.00′ N. lat., 120°32.00′ W. (21) 33°54.28′ N. lat., 118°38.68′ W. long.; long.; long.; (19) 38°09.41′ N. lat., 123°24.43′ W. (54) 34°21.00′ N. lat., 120°21.00′ W. (22) 33°51.00′ N. lat., 118°36.66′ W. long.; long.; long.; (20) 38°10.10′ N. lat., 123°27.20′ W. (55) 34°24.00′ N. lat., 120°15.00′ W. (23) 33°39.77′ N. lat., 118°18.41′ W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (21) 38 03.82 N. lat., 123 31.91 W. (56) 34 22.11 N. lat., 119 56.63 W. (24) 33 35.50 N. lat., 118 16.85 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (22) 38 00.91 N. lat., 123 30.32 W. (57) 34 19.00 N. lat., 119 48.00 W. (25) 33 32.68 N. lat., 118 09.82 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (23) 38 00.00 N. lat., 123 28.78 W. (58) 34 15.00 N. lat., 119 48.00 W. (26) 33 34.09 N. lat., 117 54.06 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (24) 37 59.73 N. lat., 123 29.85 W. (59) 34 08.00 N. lat., 119 37.00 W. (27) 33 31.60 N. lat., 117 49.28 W. long.; long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ ° ′ (25) 37 51.46 N. lat., 123 25.16 W. (60) 34 07.00 N. lat., 120 11.00 W. (28) 33 16.07 N. lat., 117 34.74 W. long.; long.; long.; (26) 37°44.06′ N. lat., 123°11.44′ W. (61) 34°13.00′ N. lat., 120°30.00′ W. ° ′ ° ′ (29) 33 07.06 N. lat., 117 22.71 W. long.; long.; long.; (27) 37°35.26′ N. lat., 123°02.29′ W. (62) 34°09.00′ N. lat., 120°38.00′ W. ° ′ ° ′ (30) 32 53.34 N. lat., 117 19.13 W. long.; long.; long.; (28) 37°14.00′ N. lat., 122°50.00′ W. (63) 33°58.00′ N. lat., 120°29.00′ W. ° ′ ° ′ (31) 32 46.39 N. lat., 117 23.45 W. long.; long.; long.; (29) 37°01.00′ N. lat., 122°36.00′ W. (64) 33°51.00′ N. lat., 120°09.00′ W. (32) 32°42.79′ N. lat., 117°21.16′ W. long.; long.; long.; and (30) 36°58.07′ N. lat., 122°28.35′ W. (65) 33°38.00′ N. lat., 119°58.00′ W. (33) 32°34.22′ N. lat., 117°21.20′ W. long.; long.; long. (31) 37°00.71′ N. lat., 122°24.53′ W. (66) 33°38.00′ N. lat., 119°50.00′ W. (ix) The 150 fm (274 m) depth contour long.; long.; used between 40°10′ N. lat. and the U.S. (32) 36°57.50′ N. lat., 122°24.98′ W. (67) 33°46.25′ N. lat., 119°49.32′ W. border with Mexico as a western long.; long.; boundary for the trawl RCA and used (33) 36°58.38′ N. lat., 122°21.85′ W. (68) 33°53.82′ N. lat., 119°53.42′ W. between 38° N. lat. and the U.S. border long.; long.; with Mexico as a western boundary for (34) 36°55.85′ N. lat., 122°21.95′ W. (69) 33°59.00′ N. lat., 119°21.00′ W. the non-trawl RCA is defined by straight long.; long.;

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(70) 34°02.00′ N. lat., 119°13.00′ W. (7) 33°23.00′ N. lat., 118°31.00′ W. (8) 44°18.11′ N. lat., 124°43.74′ W. long.; long.; long.; (71) 34°01.52′ N. lat., 119°04.50′ W. (8) 33°21.00′ N. lat., 118°33.00′ W. (9) 44°15.23′ N. lat., 124°40.47′ W. long.; long.; long.; (72) 33°58.83′ N. lat., 119°03.76′ W. (9) 33°18.00′ N. lat., 118°28.00′ W. (10) 44°18.80′ N. lat., 124°35.48′ W. long.; long.; long.; (73) 33°56.55′ N. lat., 118°40.50′ W. (10) 33°16.00′ N. lat., 118°13.00′ W. (11) 44°19.62′ N. lat., 124°27.18′ W. long.; long.; and long.; (74) 33°51.00′ N. lat., 118°38.00′ W. (11) 33°19.00′ N. lat., 118°15.00′ W. (12) 43°56.65′ N. lat., 124°16.86′ W. long.; long. long.; (75) 33°39.63′ N. lat., 118°18.75′ W. (C) San Clemente Island (13) 43°34.95′ N. lat., 124°17.47′ W. long.; (1) 32°48.50′ N. lat., 118°18.34′ W. long.; (76) 33°35.44′ N. lat., 118°17.57′ W. long.; (14) 43°12.60′ N. lat., 124°35.80′ W. long.; (2) 32°56.00′ N. lat., 118°29.00′ W. long.; (77) 33°31.98′ N. lat., 118°12.59′ W. long.; (15) 43°08.96′ N. lat., 124°33.77′ W. long.; (3) 33°03.00′ N. lat., 118°34.00′ W. long.; (78) 33°33.25′ N. lat., 117°54.15′ W. long.; (16) 42°59.66′ N. lat., 124°34.79′ W. long.; (4) 33°05.00′ N. lat., 118°38.00′ W. long.; (79) 33°31.43′ N. lat., 117°49.84′ W. long.; (17) 42°54.29′ N. lat., 124°39.46′ W. long.; (5) 33°03.00′ N. lat., 118°40.00′ W. long.; (80) 33°16.53′ N. lat., 117°36.13′ W. long.; (18) 42°46.50′ N. lat., 124°39.99′ W. long.; (6) 32°48.00′ N. lat., 118°31.00′ W. long.; (81) 33°06.51′ N. lat., 117°24.11′ W. long.; (19) 42°41.00′ N. lat., 124°34.92′ W. long.; (7) 32°43.00′ N. lat., 118°24.00′ W. long.; (82) 32°54.11′ N. lat., 117°21.45′ W. long.; and (20) 42°36.29′ N. lat., 124°34.70′ W. long.; (8) 32°48.50′ N. lat., 118°18.34′ W. long.; (83) 32°46.15′ N. lat., 117°24.26′ W. long. (21) 42°28.36′ N. lat., 124°37.90′ W. long.; (D) Santa Barbara Island long.; (84) 32°41.97′ N. lat., 117°22.10′ W. (1) 33°36.06′ N. lat., 118°57.15′ W. (22) 42°25.53′ N. lat., 124°37.68′ W. long.; long.; long.; (85) 32°39.00′ N. lat., 117°28.13′ W. (2) 33°20.64′ N. lat., 118°59.39′ W. (23) 42°18.64′ N. lat., 124°29.47′ W. long.; and long.; long.; (86) 32°34.84′ N. lat., 117°24.62′ W. (3) 33°23.00′ N. lat., 119°07.00′ W. (24) 42°12.95′ N. lat., 124°27.34′ W. long. long.; long.; (x) The 150 fm (274 m) depth contour (4) 33°43.00′ N. lat., 119°14.00′ W. (25) 42°03.04′ N. lat., 124°25.81′ W. used around islands/seamounts off the long.; long.; and state of California is defined by straight (5) 33°46.00′ N. lat., 119°12.00′ W. (26) 42°00.00′ N. lat., 124°26.21′ W. lines around each island/seamount long.; and long. connecting all of the following points in (6) 33°36.06′ N. lat., 118°57.15′ W. (xii) The 150 fm (274 m) depth the order stated: long. contour between 46°16′ N. lat. and 38° (A) San Nicholas Island (E) Orange County Seamount N. lat. which may be used for inseason (1) 33°32.73′ N. lat., 119°47.00′ W. (1) 33°25.00′ N. lat., 118°01.00′ W. management in 2003 is defined by long.; long.; straight lines connecting all of the (2) 33°14.00′ N. lat., 119°15.00′ W. (2) 33°25.00′ N. lat., 117°58.00′ W. following points in the order stated: long.; long.; (1) 46°16.00′ N. lat., 124°26.15′ W. (3) 33°12.00′ N. lat., 119°18.00′ W. (3) 33°23.00′ N. lat., 117°58.00′ W. long.; long.; long.; (2) 46°13.38′ N. lat., 124°31.36′ W. (4) 33°11.00′ N. lat., 119°26.00′ W. (4) 33°23.00′ N. lat., 118°01.00′ W. long.; long.; long.; and (3) 46°12.09′ N. lat., 124°38.39′ W. (5) 33°13.13′ N. lat., 119°43.19′ W. (5) 33°25.00′ N. lat., 118°01.00′ W. long.; long.; long. (4) 46°09.46′ N. lat., 124°40.64′ W. (6) 33°13.11′ N. lat., 119°53.05′ W. (xi) The 50 fm (91 m) depth contour long.; long.; off Oregon state which may be used for (5) 46°07.30′ N. lat., 124°40.68′ W. (7) 33°30.00′ N. lat., 119°52.00′ W. inseason management in 2003 is defined long.; long.; and by straight lines connecting all of the (6) 46°02.76′ N. lat., 124°44.01′ W. (8) 33°32.73′ N. lat., 119°47.00′ W. following points in the order stated: long.; long. (1) 46°16.00′ N. lat., 124°17.33′ W. (7) 46°02.64′ N. lat., 124°47.96′ W. (B) Santa Catalina Island long.; long.; (1) 33°19.00′ N. lat., 118°15.00′ W. (2) 45°50.88′ N. lat., 124°09.68′ W. (8) 46°01.22′ N. lat., 124°43.47′ W. long.; long.; long.; (2) 33°26.00′ N. lat., 118°22.00′ W. (3) 45°12.99′ N. lat., 124°06.71′ W. (9) 45°51.81′ N. lat., 124°42.89′ W. long.; long.; long.; (3) 33°28.00′ N. lat., 118°28.00′ W. (4) 44°52.48′ N. lat., 124°11.22′ W. (10) 45°45.95′ N. lat., 124°40.72′ W. long.; long.; long.; (4) 33°30.00′ N. lat., 118°31.00′ W. (5) 44°42.41′ N. lat., 124°19.70′ W. (11) 45°44.11′ N. lat., 124°43.09′ W. long.; long.; long.; (5) 33°31.00′ N. lat., 118°37.00′ W. (6) 44°38.80′ N. lat., 124°26.58′ W. (12) 45°34.50′ N. lat., 124°30.27′ W. long.; long.; long.; (6) 33°29.00′ N. lat., 118°41.00′ W. (7) 44°24.99′ N. lat., 124°31.22′ W. (13) 45°21.10′ N. lat., 124°23.11′ W. long.; long.; long.;

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(14) 45°09.69′ N. lat., 124°20.45′ W. (49) 42°00.15′ N. lat., 124°35.81′ W. (84) 40°01.33′ N. lat., 124°08.70′ W. long.; long.; long.; (15) 44°56.25′ N. lat., 124°27.03′ W. (50) 41°47.79′ N. lat., 124°29.52′ W. (85) 39°58.51′ N. lat., 124°12.44′ W. long.; long.; long.; (16) 44°44.47′ N. lat., 124°37.85′ W. (51) 41°21.00′ N. lat., 124°29.00′ W. (86)39°55.73′ N. lat., 124°07.49′ W. long.; long.; long.; (17) 44°31.81′ N. lat., 124°39.60′ W. (52) 41°11.00′ N. lat., 124°23.00′ W. (87)39°34.75′ N. lat., 123°58.50′ W. long.; long.; long.; (18) 44°31.48′ N. lat., 124°43.30′ W. (53) 41°05.00′ N. lat., 124°23.00′ W. (88)39°03.07′ N. lat., 123°57.81′ W. long.; long.; long.; (19) 44°19.70′ N. lat., 124°50.88′ W. (54) 40°54.00′ N. lat., 124°26.00′ W. (89) 38°52.25′ N. lat., 123°56.25′ W. long.; long.; long.; (20) 44°12.04′ N. lat., 124°58.16′ W. (55) 40°50.00′ N. lat., 124°26.00′ W. (90) 38°41.42′ N. lat., 123°46.75′ W. long.; long.; long.; (21) 44°07.38′ N. lat., 124°57.87′ W. (56) 40°44.51′ N. lat., 124°30.83′ W. (91) 38°39.47′ N. lat., 123°46.59′ W. long.; long.; long.; (22) 43°57.06′ N. lat., 124°57.20′ W. (57) 40°40.61′ N. lat., 124°32.06′ W. (92) 38°35.25′ N. lat., 123°42.00′ W. long.; long.; long.; (23) 43°52.52′ N. lat., 124°49.00′ W. (58) 40°37.36′ N. lat., 124°29.41′ W. (93) 38°19.97′ N. lat., 123°32.95′ W. long.; long.; long.; (24) 43°51.56′ N. lat., 124°37.49′ W. (59) 40°35.64′ N. lat., 124°30.47′ W. (94) 38°14.43′ N. lat., 123°25.56′ W. long.; long.; long.; (25) 43°47.83′ N. lat., 124°36.43′ W. (60) 40°37.43′ N. lat., 124°37.10′ W. (95) 38°09.41′ N. lat., 123°24.43′ W. long.; long.; long.; (26) 43°31.79′ N. lat., 124°36.80′ W. (61) 40°36.00′ N. lat., 124°40.00′ W. (96) 38°10.10′ N. lat., 123°27.20′ W. long.; long.; long.; (27) 43°30.78′ N. lat., 124°38.19′ W. (62) 40°31.59′ N. lat., 124°40.72′ W. (97) 38°03.82′ N. lat., 123°31.91′ W. long.; long.; long.; (28) 43°29.34′ N. lat., 124°36.77′ W. (63) 40°24.64′ N. lat., 124°35.62′ W. (98) 38°00.91′ N. lat., 123°30.32′ W. long.; long.; long.; and (29) 43°26.46′ N. lat., 124°40.02′ W. (64) 40°23.00′ N. lat., 124°32.00′ W. (99) 38°00.00′ N. lat., 123°28.78′ W. long.; long.; long. (30) 43°16.15′ N. lat., 124°44.37′ W. (65) 40°23.39′ N. lat., 124°28.70′ W. (20) Rockfish categories. Rockfish long.; long.; (except thornyheads) are divided into (31) 43°09.33′ N. lat., 124°45.35′ W. (66) 40°22.28′ N. lat., 124°25.25′ W. categories north and south of 40°10′ N. long.; long.; lat., depending on the depth where they (32) 43°08.85′ N. lat., 124°48.92′ W. (67) 40°21.90′ N. lat., 124°25.17′ W. most often are caught: nearshore, shelf, long.; long.; or slope (scientific names appear in ° ′ ° ′ ° ′ ° ′ (33) 43 03.23 N. lat., 124 52.41 W. (68) 40 22.00 N. lat., 124 28.00 W. Table 2). Nearshore rockfish are further long.; long.; divided into shallow nearshore and ° ′ ° ′ ° ′ ° ′ (34) 43 00.25 N. lat., 124 51.93 W. (69) 40 21.35 N. lat., 124 29.53 W. deeper nearshore categories south of long.; long.; ° ′ ° ′ ° ′ ° ′ ° ′ 40 10 N. lat. Trip limits are established (35) 42 56.62 N. lat., 124 53.93 W. (70) 40 19.75 N. lat., 124 28.98 W. for ‘‘minor rockfish’’ species according long.; long.; ° ′ ° ′ ° ′ ° ′ to these categories (see Tables 2–5). (36) 42 54.84 N. lat., 124 54.01 W. (71) 40 18.15 N. lat., 124 27.01 W. (a) Nearshore rockfish consists long.; long.; ° ′ ° ′ ° ′ ° ′ entirely of the minor nearshore rockfish (37) 42 52.31 N. lat., 124 50.76 W. (72) 40 17.45 N. lat., 124 25.49 W. species listed in Table 2, which long.; long.; ° ′ ° ′ ° ′ ° ′ includes California scorpionfish. (38) 42 47.78 N. lat., 124 47.27 W. (73) 40 18.00 N. lat., 124 24.00 W. (i) Shallow nearshore rockfish long.; long.; consists of black-and-yellow rockfish, (39) 42°46.32′ N. lat., 124°43.59′ W. (74) 40°16.00′ N. lat., 124°26.00′ W. China rockfish, gopher rockfish, grass long.; long.; rockfish, and kelp rockfish. (40) 42°41.63′ N. lat., 124°44.07′ W. (75) 40°17.00′ N. lat., 124°35.00′ W. (ii) Deeper nearshore rockfish consists long.; long.; of black rockfish, blue rockfish, brown (41) 42°38.83′ N. lat., 124°42.77′ W. (76) 40°16.00′ N. lat., 124°36.00′ W. rockfish, calico rockfish, copper long.; long.; (42) 42°35.37′ N. lat., 124°43.22′ W. (77) 40°10.07′ N. lat., 124°22.90′ W. rockfish, olive rockfish, quillback long.; long.; rockfish, and treefish. (43) 42°32.78′ N. lat., 124°44.68′ W. (78) 40°07.00′ N. lat., 124°19.00′ W. (iii) California scorpionfish. (b) Shelf rockfish consists of canary long.; long.; (44) 42°32.19′ N. lat., 124°42.40′ W. (79) 40°08.10′ N. lat., 124°16.70′ W. rockfish, shortbelly rockfish, widow rockfish, yelloweye long.; long.; (45) 42°30.28′ N. lat., 124°44.30′ W. (80) 40°05.90′ N. lat., 124°17.77′ W. rockfish, yellowtail rockfish, bocaccio, long.; long.; chilipepper, cowcod, and the minor (46) 42°28.16′ N. lat., 124°48.38′ W. (81) 40°01.46′ N. lat., 124°12.85′ W. shelf rockfish species listed in Table 2. long.; long.; (c) Slope rockfish consists of Pacific (47) 42°18.34′ N. lat., 124°38.77′ W. (82) 40°04.32′ N. lat., 124°10.33′ W. ocean perch, splitnose rockfish, long.; long.; darkblotched rockfish, and the minor (48) 42°13.65′ N. lat., 124°36.82′ W. (83) 40°03.21′ N. lat., 124°08.83′ W. slope rockfish species listed in Table 2. long.; long.; BILLING CODE 3510–22–S

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BILLING CODE 3510–22–C

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B. Limited Entry Fishery limited entry fixed gear fisheries. Most South Jetty (33° 35’ 37″ N. lat.; 117° 52’ of the management measures for the 50″ W. long.,) vessels fishing with hook- (1) General. Most species taken in limited entry fishery are listed above and-line and/or trap (or pot) gear may limited entry fisheries will be managed and in the following tables: Table 3 operate from shore to a boundary line with cumulative trip limits (see (North), Table 3 (South), Table 4 defined by coordinates approximating paragraph IV.A.(1)(d),) size limits (see (North), and Table 4 (South). 50 fm (91 m).] paragraph IV.A.(6)), seasons (see A header in Table 3 (North), Table 3 Management measures may be paragraph IV.A. (7)), and areas that are (South), Table 4 (North), and Table 5 changed during the year by closed to specific gear types. The trawl (South) generally describes the Rockfish announcement in the Federal Register. fishery has gear requirements and trip Conservation Area (i.e., closed area) for limits that differ by the type of trawl vessels participating in the limited entry However, the management regimes for gear on board (see paragraph IV.A.(14)). fishery. The RCA boundaries are several fisheries (nontrawl sablefish, Cowcod retention is prohibited in all defined by latitude and longitude Pacific whiting, and black rockfish) do fisheries and groundfish vessels coordinates (See paragraph IV.A.(19), not neatly fit into these tables and are operating south of Point Conception earlier) [Note: Between a line drawn due addressed immediately following Table must adhere to CCA restrictions (see south from Point Fermin (33° 42’ 30″ N. 3 (North), Table 3 (South), Table 4 paragraph IV.A. (20)). Yelloweye lat.; 118° 17’ 30″ W. long.) and a line (North), and Table 4 (South). rockfish retention is prohibited in the drawn due west from the Newport BILLING CODE 3410–22–S

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BILLING CODE 3510–22–C

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(2) Sablefish. The limited entry (iii) Participating in both the primary 18580, 18600, and 18620) in the Eureka sablefish allocation is further allocated and daily trip limit fisheries. A vessel area. 58 percent to trawl gear and 42 percent that is eligible to participate in the (4) Black rockfish. The regulations at to nontrawl gear. See footnote e/ of primary sablefish season may 50 CFR 660.323(a)(1) state: ‘‘The trip Table 1a. participate in the daily trip limit fishery limit for black rockfish (Sebastes (a) Trawl trip and size limits. for sablefish once that vessel’s primary melanops) for commercial fishing Management measures for the limited season sablefish limit(s) have been taken vessels using hook-and-line gear entry trawl fishery for sablefish are or after October 31, 2003, whichever between the U.S.-Canada border and listed in Table 3 (North) and Table 3 occurs first. No vessel may land Cape Alava (48°09′30″ N. lat.) and (South). sablefish against both its primary season between Destruction Island (47°40′00″ (b) Nontrawl (fixed gear) trip and size cumulative sablefish limits and against N. lat.) and Leadbetter Point (46°38′10″ limits. To take, retain, possess, or land the daily trip limit fishery limits within N. lat.), is 100 lb (45 kg) or 30 percent, sablefish during the primary season for the same 24 hour period of 0001 hour by weight of all fish on board, the limited entry fixed gear sablefish l.t. to 2400 hours l.t. If a vessel has taken whichever is greater, per vessel per fishery, the owner of a vessel must hold all of its tier limit except for an amount fishing trip.’’ These ‘‘per trip’’ limits a limited entry permit for that vessel, that is smaller than the daily trip limit apply to limited entry and open access affixed with both a gear endorsement for amount, that vessel’s subsequent fisheries, in conjunction with the longline or trap (or pot) gear, and a sablefish landings are automatically cumulative trip limits and other sablefish endorsement. (See 50 CFR subject to daily and/or weekly trip management measures listed in Tables 4 660.323(a)(2)(i).) A sablefish limits. (North) and Table 5 (North) of section endorsement is not required to (3) Whiting. Additional regulations IV. The crossover provisions at participate in the limited entry daily that apply to the whiting fishery are paragraphs IV.A. (12) do not apply to trip limit fishery. found at 50 CFR 660.306 and at 50 CFR the black rockfish per-trip limits. (i) Primary season. The primary 660.323(a)(3) and (a)(4). season begins at 12 noon l.t. on April 1, C. Trip Limits in the Open Access (a) Allocations. The non-tribal Fishery 2003, and ends at 12 noon l.t. on allocations, based on percentages that October 31, 2003. There are no pre- are applied to the commercial OY of (1) General. Open access gear is gear season or post-season closures. During 121,200 mt in 2003 (see 50 CFR 660.323 used to take and retain groundfish from the primary season, each vessel with at (a)(4)), are as follows: a vessel that does not have a valid least one limited entry permit with a (i) Catcher/processor sector—41,288 permit for the Pacific Coast groundfish sablefish endorsement that is registered mt (34 percent); fishery with an endorsement for the gear for use with that vessel may land up to (ii) Mothership sector—29,080 mt (24 used to harvest the groundfish. This the cumulative trip limit for each of the percent); includes longline, trap, pot, hook-and- sablefish-endorsed limited entry permits (iii) Shore-based sector—50,904 mt line (fixed or mobile), setnet and ° registered for use with that vessel, for (42 percent). No more than 5 percent trammel net (south of 38 N. lat. only), the tier(s) to which the permit(s) are (2,545 mt) of the shore-based whiting and exempted trawl gear (trawls used to assigned. For 2003, the following limits allocation may be taken before the target non-groundfish species: pink are in effect: Tier 1, 53,000 lb (24,040 shore-based fishery begins north of 42° shrimp or prawns, and, south of Pt. ° ′ ″ kg); Tier 2, 24,000 lb (10,886 kg); Tier N. lat. on June 15, 2003. Arena, CA (38 57 30 N. lat.), CA 3, 14,000 lb (6,350 kg). All limits are in (iv) Tribal allocation—See paragraph halibut or sea cucumbers). Unless round weight. If a vessel is registered for V. otherwise specified, a vessel operating use with a sablefish-endorsed limited (b) Seasons. The 2003 primary in the open access fishery is subject to, entry permit, all sablefish taken after seasons for the whiting fishery start on and must not exceed any trip limit, April 1, 2003 count against the the same dates as in 2002, as follows frequency limit, and/or size limit for the cumulative limits associated with the (see 50 CFR 660.323(a)(3)): open access fishery. Groundfish species permit(s) registered for use with that (i) Catcher/processor sector—May 15; taken in open access fisheries will be vessel. (ii) Mothership sector—May 15; managed with cumulative trip limits (ii) Daily trip limit. Daily and/or (iii) Shore-based sector—June 15 (see paragraph IV.A.(1)(d)), size limits weekly sablefish trip limits listed in north of 42° N. lat.; April 1 between (see paragraph IV.A.(6)), seasons (see Table 4 (North) and Table 4 (South) 42°–40°30′ N. lat.; April 15 south of paragraph IV.A.(7)), and closed areas. apply to any limited entry fixed gear 40°30′ N. lat. Cowcod retention is prohibited in all vessels not participating in the primary (c) Trip limits. (i) Before and after the fisheries and groundfish vessels sablefish season described in paragraph regular season. The ‘‘per trip’’ limit for operating south of Point Conception (i) of this section. North of 36° N. lat., whiting before and after the regular must adhere to CCA restrictions (see the daily and/or weekly trip limits season for the shore-based sector is paragraph IV.A.(19)). Retention of apply to fixed gear vessels that are not announced in Table 3 (North) and Table yelloweye rockfish and canary rockfish registered for use with a sablefish- 3 (South), as authorized at 50 CFR and, south of 40°10′ N. lat., bocaccio is endorsed limited entry permit, and to 660.323(a)(3) and (a)(4). This trip limit prohibited in all open access fisheries. fixed gear vessels that are registered for includes any whiting caught shoreward The trip limits, size limits, seasons, and use with a sablefish-endorsed limited of 100 fathoms (183 m) in the Eureka other management measures for open entry permit when those vessels are not area. access groundfish gear, including fishing against their primary sablefish (ii) Inside the Eureka 100 fm (183 m) exempted trawl gear, are listed in Table season cumulative limits. South of 36° contour. No more than 10,000 lb (4,536 5 (North) and Table 5 (South). A header N. lat., the daily and/or weekly trip kg) of whiting may be taken and in Table 5 (North) and Table 5 (South) limits for taking and retaining sablefish retained, possessed, or landed by a approximates the RCA (i.e., closed area) that are listed in Table 4 (South) apply vessel that, at any time during a fishing for vessels participating in the open throughout the year to all vessels trip, fished in the fishery management access fishery. [Note: Between a line registered for use with a limited entry area shoreward of the 100 fathom (183 drawn due south from Point Fermin fixed gear permit. m) contour (as shown on NOAA Charts (33°42′30″ N. lat.; 118°17′30″ W. long.)

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and a line drawn due west from the trawl fisheries, the RCAs are the same trip limit at 50 CFR 660.323(a)(1) for Newport South Jetty (33°35′37″ N. lat.; as those for limited entry trawl gear. black rockfish caught with hook-and- 117°52′50″ W. long.,) vessels fishing Exempted trawl gear RCAs are detailed line gear also applies. (The black with hook-and-line and/or trap (or pot) in the exempted trawl gear sections at rockfish limit is repeated at paragraph gear may operate from shore to a the bottom of Table 5 (North) and Table IV.B.(4).) boundary line approximating 50 fm (91 5 (South). Retention of groundfish m) in the months of July and August.] caught by exempted trawl gear is BILLING CODE 3510–22–S For vessels participating in exempted prohibited in the designated RCAs. The

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BILLING CODE 3510–22–C

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(2) Groundfish taken with exempted 5 (South). Notwithstanding section more than 1 may be canary rockfish, no trawl gear by vessels engaged in fishing IV.A.(11), a vessel that takes and retains more than 1 may be yelloweye rockfish for spot and ridgeback prawns, pink shrimp and also takes and retains and when the all-depth recreational California halibut, or sea cucumbers. groundfish in either the limited entry or fisheries for Pacific halibut [Note: The States of California and another open access fishery during the (Hippoglossus stenolopis) are open, the Washington will likely prohibit trawling same applicable cumulative limit period first Pacific halibut taken of 32 in (81 for spot prawn beginning in 2003, while that it takes and retains pink shrimp cm) or greater in length may be retained. the State of Oregon will likely begin (which may be 1 month or 2 months, During the all-depth recreational phasing out trawling for spot prawn in depending on the fishery and the time fisheries for Pacific halibut, vessels with 2003.] Trip limits and RCAs for of year), may retain the larger of the two halibut on board may not take and groundfish retained in the spot and limits, but only if the limit(s) for each retain, possess or land yelloweye ridgeback prawn, California halibut, or gear or fishery are not exceeded when rockfish or canary rockfish. sea cucumber fisheries are in Table 5 operating in that fishery or with that (3) California. Seaward of California (North) and Table 5 (South). The tables gear. The limits are not additive; the (north and south of 40°10′ N. lat.), also generally describe the RCAs for vessel may not retain a separate trip California law provides that, in times vessels participating in these fisheries. limit for each fishery. and areas when the recreational fishery (a) State law. The trip limits in Table 5 D. Recreational Fishery is open, there is a 20-fish bag limit for (North) and Table 5 (South) are not all species of finfish, within which no intended to supersede any more Federal recreational groundfish more than 10 fish of any one species restrictive State law relating to the regulations are not intended to may be taken or possessed by any one retention of groundfish taken in shrimp supersede any more restrictive State person. Retention of cowcod is or prawn pots or traps. recreational groundfish regulations prohibited in California’s recreational (b) Participation in the California relating to federally-managed fishery all year in all areas. halibut fishery. A trawl vessel will be groundfish. ° ′ (1) Washington. For each person (a) North of 40 10 N. lat. North of considered participating in the 40°10′ N. lat. to the California/Oregon California halibut fishery if: engaged in recreational fishing seaward of Washington, the groundfish bag limit border, California’s recreational (i) It is not fishing under a valid groundfish fishery will generally limited entry permit issued under 50 is 15 groundfish, including rockfish and lingcod, and is open year-round (except conform with Oregon’s recreational CFR 660.333 for trawl gear; regulations (see IV.D.(2)). For each (ii) All fishing on the trip takes place for lingcod). The following sublimits and closed areas apply: person engaged in recreational fishing south of Pt. Arena, CA; and seaward of California north of 40°10′ N. (iii) The landing includes California (a) Yelloweye Rockfish Conservation lat., the following seasons, bag limits, halibut of a size required by California Area. The Yelloweye Rockfish and size limits apply: Fish and Game Code section 8392(a), Conservation Area, or YRCA, is a ‘‘C- (i) RCG Complex. The California which states: ‘‘No California halibut shaped’’ area which is closed to rockfish, cabezon, greenling complex may be taken, possessed or sold which recreational groundfish and halibut (RCG Complex), as defined in State measures less than 22 in (56 cm) in total fishing. The YRCA is defined by latitude regulations (Section 1.91, Title 14, length, unless it weighs 4 lb (1.8144 kg) and longitude coordinates specified at California Code of Regulations), or more in the round, 3 and one-half lbs 50 CFR 660.304(d). includes all rockfish, kelp greenling, (1.587 kg) or more dressed with the (b) Rockfish. In areas seaward of rock greenling, and cabezon. This head on, or 3 lbs (1.3608 kg) or more Washington that are open to recreational category does not include California dressed with the head off. Total length groundfish fishing, there is a 10 rockfish scorpionfish, also known as ‘‘sculpin.’’ means ‘‘the shortest distance between per day bag limit, of which no more (A) Seasons. North of 40°10′ N. lat., the tip of the jaw or snout, whichever than 1 may be canary rockfish. Taking recreational fishing for the RCG extends farthest while the mouth is and retaining yelloweye rockfish is Complex is open from January 1 through closed, and the tip of the longest lobe of prohibited. December 31. the tail, measured while the halibut is (c) Lingcod. Recreational fishing for lingcod is closed between January 1 and (B) Bag limits, boat limits, hook limits. lying flat in natural repose, without ° ′ resort to any force other than the March 15, and between October 16 and North of 40 10 N. lat., the bag limit is swinging or fanning of the tail.’’ December 31. In areas seaward of 10 rockfish per day, of which no more (c) Participation in the sea cucumber Washington that are open to recreational than 2 may be bocaccio, 1 may be fishery. A trawl vessel will be groundfish fishing and when the canary rockfish, and no more than 1 per considered to be participating in the sea recreational season for lingcod is open day up to a maximum of 2 per boat may cucumber fishery if: (i.e., between March 16-October 15), be yelloweye rockfish. The following (i) It is not fishing under a valid there is a bag limit of 2 lingcod per day, daily bag limits also apply: no more limited entry permit issued under 50 which may be no smaller than 24 in (61 than 10 cabezon per day and no more CFR 660.333 for trawl gear; cm) total length. than 10 greenling (kelp and/or rock (ii) All fishing on the trip takes place (2) Oregon. The bag limits for each greenling) per day. Multi-day limits are south of Pt. Arena, CA; and person engaged in recreational fishing authorized by a valid permit issued by (iii) The landing includes sea seaward of Oregon are 2 lingcod per California and must not exceed the daily cucumbers taken in accordance with day, which may be no smaller than 24 limit multiplied by the number of days California Fish and Game Code, section in (61 cm) total length; and 10 marine in the fishing trip. 8405, which requires a permit issued by fish per day, which excludes salmon, (C) Size limits. The following size the State of California. tuna, surfperch, sanddab, lingcod, and limits apply: bocaccio may be no (3) Groundfish taken with exempted baitfish, but which includes rockfish smaller than 10 in (25 cm) total length; trawl gear by vessels engaged in fishing and other groundfish. The minimum cabezon may be no smaller than 15 in for pink shrimp. Trip limits for size limit for cabezon retained in the (38 cm) total length; and kelp and rock groundfish retained in the pink shrimp recreational fishery is 15 in (38 cm). greenling may be no smaller than 12 in fishery are in Table 5 (North) and Table Within the 10 marine fish bag limit, no (30 cm) total length.

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(D) Dressing/Filleting. Cabezon, kelp category does not include California permitted only inside the 20-fm (37-m) greenling, and rock greenling taken in scorpionfish, also known as ‘‘sculpin.’’ depth contour (except at Huntington the recreational fishery may not be (A) Seasons. South of 40°10′ N. lat., Flats between a line drawn due south filleted at sea. Rockfish skin may not be recreational fishing for the RCG from Point Fermin (33°42′30″ N. lat.; removed when filleting or otherwise Complex is open from July 1 through 118°17′30″ W. long.) and a line drawn dressing rockfish taken in the December 31 (i.e., it’s closed from due west from the Newport South Jetty recreational fishery. The following January 1 through June 30). When (33°35′37″ N. lat.; 117°52′50″ W. long.,) rockfish filet size limits apply: bocaccio recreational fishing for the RCG recreational fishing for California filets may be no smaller than 5 in (12.8 Complex is open, it is permitted only scorpionfish may occur from shore to a cm) and brown-skinned rockfish fillets inside the 20-fm (37-m) depth contour, boundary line approximating 50 fm (91 may be no smaller than 6.5 in (16.6 cm). subject to the bag limits in paragraph (B) m) during July-August), subject to the ‘‘Brown-skinned’’ rockfish include the of this section. bag limits in paragraph (B) of this following species: brown, calico, (B) Bag limits, boat limits, hook limits. section. copper, gopher, kelp, olive, speckled, South of 40°10′ N. lat., in times and (B) Bag limits, boat limits, hook limits. squarespot, and yellowtail. areas when the recreational season for South of 40°10′ N. lat., in times and (ii) Lingcod.—(A) Seasons. North of the RCG Complex is open, there is a areas where the recreational season for 40°10′ N. lat., recreational fishing for limit of 2-hooks and one line when California scorpionfish is open, and the lingcod is open from January 1 through fishing for rockfish, and the bag limit is bag limit is 5 California scorpionfish per December 31. 10 RCG Complex fish per day (not day. California scorpionfish do not (B) Bag limits, boat limits, hook limits. including bocaccio, canary rockfish, count against the 10 RCG Complex fish North of 40°10′ N. lat., the bag limit is yelloweye rockfish and cowcod, which per day limit. Multi-day limits are 2 lingcod per day. Multi-day limits are are prohibited), of which up to 10 may authorized by a valid permit issued by authorized by a valid permit issued by be rockfish, no more than 2 of which California and must not exceed the daily California and must not exceed the daily may be shallow nearshore rockfish. limit multiplied by the number of days limit multiplied by the number of days [Note: The shallow nearshore rockfish in the fishing trip. in the fishing trip. group off California are composed of (C) Size limits. California scorpionfish (C) Size limits. Lingcod may be no kelp, grass, black-and-yellow, China, may be no smaller than 10 in (25 cm) smaller than 24 in (61 cm) total length. and gopher rockfishes.] Also within the total length. (D) Dressing/Fileting. Lingcod filets 10 RCG Complex fish per day limit, no (D) Dressing/Filleting. California may be no smaller than 16 in. (41 cm) more than 2 fish per day may be scorpionfish fillets may be no smaller in length . greenling (kelp and/or rock greenling) than 5 in (12.8 cm). (b) South of 40°10′ N. lat. For each and no more than 3 fish per day may be (iv) Lingcod—(A) Seasons. South of person engaged in recreational fishing cabezon. Lingcod, California 40°10′ N. lat., recreational fishing for seaward of California south of 40°10′ N. scorpionfish and sanddabs taken in lingcod is open July 1 through lat., the following seasons, bag limits, recreational fisheries off California do December 31. When recreational fishing size limits and closed areas apply: not count toward the 10 RCG Complex for lingcod is open in the south, it is (i) Closed Areas.—(A) Cowcod fish per day bag limit. Multi-day limits permitted only inside the 20-fm (37-m) Conservation Areas. Coordinates are authorized by a valid permit issued depth contour, subject to the bag limits defining the boundaries of the Cowcod by California and must not exceed the in paragraph (B) of this section. Conservation Areas (CCAs) are daily limit multiplied by the number of (B) Bag limits, boat limits, hook limits. described in Federal regulations at 50 days in the fishing trip. South of 40°10′ N. lat., in times and CFR 660.304(c). Recreational fishing for (C) Size limits. The following size areas when the recreational season for all groundfish is prohibited within the limits apply: cabezon may be no smaller lingcod is open, there is a limit of 2- CCAs, except that fishing for sanddabs than 15 in (38 cm) and kelp and rock hooks and one line when fishing for is permitted subject to the provisions in greenling may be no smaller than 12 in lingcod, and the bag limit is 2 lingcod paragraph IV.D.(3)(iv) and that fishing (30 cm). per day. Lingcod do not count against for species managed under this section (B) Dressing/Filleting. Cabezon, kelp the 10 RCG Complex fish per day limit. (not including cowcod, bocaccio, greenling, and rock greenling taken in Multi-day limits are authorized by a canary, and yelloweye rockfish) are the recreational fishery may not be valid permit issued by California and permitted in waters shoreward of the filleted at sea. Rockfish skin may not be must not exceed the daily limit 20-fm (37-m) depth contour within the removed when filleting or otherwise multiplied by the number of days in the CCAs from July 1 through December 31, dressing rockfish taken in the fishing trip. 2003, subject to the bag limits in this recreational fishery. Brown-skinned (C) Size limits. Lingcod may be no section. rockfish filets may be no smaller than smaller than 24 in (61 cm) total length. (B) South of 40°10′ N. lat., recreational 6.5 in (16.6 cm). ‘‘Brown-skinned’’ (D) Dressing/Filleting. Lingcod fillets fishing for all groundfish, including rockfish include the following species: may be no smaller than 16 in (41 cm) lingcod, is prohibited seaward of the 20- brown, calico, copper, gopher, kelp, in length. fm (37-m) depth contour, except that olive, speckled, squarespot, and (iv) Sanddabs. South of 40°10′ N. lat., recreational fishing for sanddabs is yellowtail. recreational fishing for sanddabs is permitted seaward of the 20-fm (37-m) (iii) California scorpionfish. California permitted both shoreward and seaward depth contour subject to the provisions scorpionfish only occur south of 40°10′ of the 20 fm (37 m) depth contour (i.e., in paragraph IV.D.(3)(iv). N. lat. (A) Seasons. South of 40°10′ N. recreational fishing for sanddabs is (ii) RCG Complex. The California lat., recreational fishing for California permitted in all areas south of 40°10′ N. rockfish, cabezon, greenling complex scorpionfish is closed from March 1 lat.). Recreational fishing for sanddabs is (RCG Complex), as defined in State through June 30 (i.e., the California permitted seaward of the 20- fm (37-m) regulations (Section 1.91, Title 14, scorpionfish season is open during depth contour subject to a limit of up to California Code of Regulations), January-February and during July- 12-hooks ‘‘Number 2’’ or smaller, which includes all rockfish, kelp greenling, December). When recreational fishing measure 11 mm (0.44 inches) point to rock greenling, and cabezon. This for California scorpionfish is open, it is shank, and up to 2 lb (0.91 kg) of weight

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per line. There is no bag limit, season, A. Sablefish 2002. Because of the timing of the or size limit for sanddabs, however, it is The tribal allocation is 631 mt, 10 receipt, development, review, and prohibited to fillet sanddabs at sea. percent of the total catch OY, less 3 analysis of the fishery information percent estimated discard mortality. necessary for publishing the proposed V. Washington Coastal Tribal Fisheries rule for the specifications and B. Rockfish The Assistant Administrator (AA) management measures, the proposed rule could not be made available for announces the following tribal (1) For the commercial harvest of public comment prior to January 7, allocations for 2003, including those black rockfish off Washington State, a harvest guideline of: 20,000 lb (9,072 kg) 2003. The timing of this final rule that are the same as in 2002. Trip limits ° ′ ″ balances the need to publish and make for certain species were recommended north of Cape Alava, WA (48 09 30 N. lat.) and 10,000 lb (4,536 kg) between effective a final rule as early as possible by the tribes and the Council and are ° ′ ″ in the calendar year against the need to specified here with the tribal Destruction Island, WA (47 40 00 N. lat.) and Leadbetter Point, WA provide public comments on the allocations. With respect to the 2003 (46°38′10″ N. lat.). proposed rule. treaty Indian allocation of Pacific (2) Thornyheads are subject to a 300- A 30-day delay in effectiveness for whiting, NMFS has reviewed the lb (136-kg) trip limit. this rule would in fact be a 60-day scientific information set forth in the (3) Canary rockfish are subject to a delay, because most of the trip limits are Declaration of William L. Robinson 300-lb (136-kg) trip limit. two-month limits, so most fishers could dated April 26, 2002, and the (4) Yelloweye rockfish are subject to exceed the entire two month limit Declaration of Dr. Richard D. Methot, Jr., a 100-lb (45-kg) trip limit. before the rules went into effect after 30 dated April 18, 2002, which were (5) Yellowtail rockfish taken in the days. In addition, none of the large submitted with the Federal Defendants tribal mid-water trawl fisheries are rockfish conservation areas would be in Statement Regarding Remand in subject to a cumulative limit of 30,000 place, thus a delay in effectiveness Midwater Trawlers Co-operative v. lb (13,608 kg) per 2-month period. would allow fishing in an area this rule Department of Commerce, No. C99– Landings of widow rockfish must not closes for conservation purposes. Thus, 1415BJR and No. C99–1500BJR exceed 10 percent of the weight of excessive harvest could cause harm to (Consolidated) (W.D. Wash.). NMFS has yellowtail rockfish landed in any two- overfished species. Delay in publishing no additional information that would month period. These limits may be these measures could also require change the conclusions in these adjusted by an individual tribe inseason unnecessarily restrictive measures, including possible fishery closures, later declarations on the distribution and to minimize the incidental catch of in the year to make up for the excessive migratory pattern of the stock. canary rockfish and widow rockfish. harvest that would be caused by late Therefore, NMFS is relying on the (6) Other rockfish, including minor implementation of these regulations. information in those declarations as the nearshore, minor shelf, and minor slope rockfish groups are subject to a 300-lb Thus, a delay in effectiveness could best scientific information currently ultimately cause economic harm to the available. Accordingly, NMFS finds that (136-kg) trip limit per species or species group, or to the non-tribal limited entry fishing industry and associated fishing the 2003 treaty Indian allocation of trip limit for those species if those limits communities. For these reasons, there is Pacific whiting (25,000 mt to be taken are less restrictive than 300 lb (136 kg) good cause under 5 U.S.C. 553(d)(3) to by the Makah Tribe), which is based on per trip. determine that delaying the the sliding scale methodology that has (7) Rockfish taken during open effectiveness of this rule for 30 days been in use since 1999, is based on the competition tribal commercial fisheries would be contrary to public interest. best scientific information available, for Pacific halibut will not be subject to The Council prepared an FEIS for this and is within the Indian treaty right as trip limits. action; a notice of availability was described in Midwater Trawlers Co- published on January 17, 2003 (68 FR operative v. Department of Commerce, C. Lingcod 2538). A copy of this FEIS is available 282 F.3d 710, 718 (9th Cir. 2002). NMFS Lingcod are subject to a 300-lb (136- from the Council, see ADDRESSES. On has rejected and continues to reject the kg) daily trip limit and a 900-lb (408-kg) February 25, 2003, NMFS issued an so-called ‘‘biomass’’ method of weekly limit. ROD that documents the agency’s final decisions concerning the decision by calculating the treaty right. As stated in D. Pacific whiting U.S. v. Washington, Subproceeding 96– the NMFS Northwest Region to approve 2, 143 F. Supp.2d 1218, 1223–1224 The tribal allocation is 25,000 mt. the Council’s preferred OY alternative for 2003 groundfish ABC and OY (W.D. Wash. 2001), the biomass method Classification is not required for conservation and specifications and management These final specifications and underestimates the quantity of fish that measures for Pacific Coast groundfish. management measures for 2003 are The 2003 specifications and pass through the tribal usual and issued under the authority of, and are in management measures are expected to accustomed fishing grounds, and hence accordance with, the Magnuson-Stevens have positive effects on the biological it cannot serve as the basis for Act, the FMP, and 50 CFR part 660 environment and negative effects on calculating the treaty share. Also, subpart G (the regulations implementing fishing communities and the socio- application of the biomass method to the FMP). economic environment. The 2003 calculate the treaty Indian allocation of The 2003 specifications and management regime is structured to Pacific whiting would illegally management measures are intended to protect overfished groundfish species discriminate against tribal fishing protect overfished and other depressed and introduces a new depth based interests, since the biomass method is stocks while also allowing as much management regime that closes large not used in management of the non- harvest of more abundant groundfish areas of the continental shelf to treaty fishery. Id.; also see Makah v. stocks as possible during the course of groundfish fishing. Closure of important Brown, C85–1606R, Order on Five the year. NMFS received the Council’s fishing areas is expected to have Motions Relating to Treaty Halibut recommendations on specifications and significant impacts on the human Fishing at 6 (W.D.Wash. 1993). management measures in September environment.

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This final rule has been determined to fishery resources to fishing communities from 2002 is not yet available. The low be significant for purposes of Executive in order to (A) provide for the sustained OY alternative was expected to reduce Order 12866. participation of such communities and commercial exvessel revenue by $60 NMFS prepared a FRFA describing (B), to the extent practicable, minimize million in 2003, reduce overall the impact of this action on small adverse economic impacts on such commercial harvest income by $274 entities. The IRFA was summarized in communities.’’ Commercial and million, and reduce recreational fishery the proposed rule published on January recreational fisheries for Pacific Coast income (mainly charter businesses) by 7, 2003 (68 FR 936). The following is the groundfish contribute to the economies $64 million. The high OY alternative summary of the FRFA. The need for and and shape the cultures of numerous was expected to reduce commercial objectives of this final rule are fishing communities in Washington, exvessel revenue by $6 million in 2003, contained in the SUMMARY and Oregon, and California. Meeting the reduce overall commercial harvest Background section of the preamble. needs of fishing communities has income by $16 million, and reduce NMFS did not receive any comments on become increasingly difficult because recreational fishery income by $1.2 the IRFA or on the proposed rule the Council manages a fishery that is million. The economic effects of the regarding the economic effects of this overcapitalized and contains stocks that Allocation Committee alternative were final rule. are overfished. In recommending this analyzed both for management with These final 2003 annual specifications year’s specifications and management depth-based regulatory measures and and management measures allow West measures, the Council tried to without those measures. The Allocation Coast commercial and recreational accommodate some of the needs of Committee alternative without depth- fisheries participants to fish the harvest those communities within the based regulatory measures was expected able surplus of more abundant constraints of Magnuson-Stevens Act to reduce commercial exvessel revenue groundfish stocks, while also ensuring requirements to rebuild overfished by $21 million in 2003, reduce overall that those fisheries do not exceed the stocks, prevent overfishing, and commercial harvest income by $67 allowable catch levels intended to minimize bycatch. In general, the million, and reduce recreational fishery protect overfished and depleted stocks. Council recommended the largest income by $1.2 million. The Allocation The form of the specifications, in ABCs harvest of the more abundant stocks as Committee alternative with depth-based and OYs, follows the guidance of the possible, consistent with conservation regulatory measures was expected to Magnuson-Stevens Act, the National needs of the fish stocks. reduce commercial exvessel revenue by Standard Guidelines, and the FMP for The Council considered five $15 million in 2003, reduce overall protecting and conserving fish stocks. alternative specifications and commercial harvest income by $40 Annual management measures include management measures regimes for 2003: million, and reduce recreational fishery trip and bag limits, size limits, time/area the no action alternative, which would income by $1.2 million. The Council’s closures, gear restrictions, and other have implemented the 2002 regime for preferred alternative, which includes measures intended to allow year-round 2003; the low OY alternative, which set depth-based regulatory measures and a West Coast groundfish landings without harvest levels so that overfished stocks recreational fishery management regime compromising overfished species would have an 80 percent probability of designed to more strictly constrain rebuilding measures. rebuilding within Tmax; the high OY harvest of overfished species, was Approximately 2,000 vessels alternative, which set harvest levels so expected to reduce commercial exvessel participate in the West Coast groundfish that overfished stocks would have a 50 revenue by $13 million in 2003, reduce fisheries. Of those, about 500 vessels are percent probability of rebuilding within overall commercial harvest income by registered to limited entry permits Tmax; the Allocation Committee $35 million, and reduce recreational issued for either trawl, longline, or pot alternative, which set harvest levels fishery income by $25 million. The gear. About 1,500 vessels land intermediate to those of the low and Council’s preferred alternative meets the groundfish against open access limits high alternatives, but includes conservation requirements of the while either directly targeting management through depth-based Magnuson-Stevens Act, while reducing groundfish or taking groundfish closures, and; the Council OY to the extent possible the adverse incidentally in fisheries directed at non- alternatives (preferred alternative) economic impacts of these conservation groundfish species. All but 10–20 of which was the same as the Allocation measures on the fishing industries and those vessels are considered small Committee alternative, except that it associated communities. businesses by the Small Business included a higher sablefish harvest Depth based management is Administration. There are also about north of Point Conception, CA and more particularly expected to both protect 450 groundfish buyers on the West restrictive recreational fishery overfished species from harvest in areas Coast, approximately 5 percent of which management measures south of Cape where they commonly occur and allow are responsible for about 80 percent of Mendocino, CA. Each of these fisheries greater access to more West Coast groundfish purchases. In the alternatives included both harvest levels abundant stocks outside of the closed 2001 recreational fisheries, there were (specifications) and management areas. Without depth-based 106 Washington charter vessels engaged measures needed to achieve those management, harvest of abundant stocks in salt water fishing outside of Puget harvest levels, with the most restrictive would have been more severely Sound, 232 charter vessels active on the management measures corresponding to restricted because there would have Oregon coast and 415 charter vessels the lowest OYs. been no measures to prevent vessels active on the California coast. Each of the alternatives analyzed by from operating in areas where abundant The Magnuson-Stevens Act requires the Council was expected to have and overfished stocks cooccur. that actions taken to implement FMP be different overall effects on the economy. Recreational fisheries management consistent with the 10 national Among other factors, the FEIS for this measures in 2001 and 2002 were not standards. National Standard 8 requires action reviewed alternatives other than adequately conservative and those that conservation and management the no action alternative for expected fisheries exceeded their overfished measures, consistent with the declines in revenue and income from species retention levels in both years. conservation requirements of the Act, 2001 levels. Declines were not measured Thus, the recreational fisheries are more ‘‘take into account the importance of from 2002 levels because complete data severely restricted under the preferred

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alternative than under the high OY plain language guide to assist small 2000 Pacific whiting season, the whiting alternative or under either of the entities in complying with this rule. fisheries exceeded the chinook bycatch Allocation Committee alternatives. NMFS has produced a public notice for amount specified in the Pacific whiting While the preferred alternative is the 2003 fishing season that includes fishery’s Biological Opinion’s (whiting expected to result in greater income trip limit tables and descriptions of BO) (December 19, 1999) incidental declines for businesses associated with 2003 management measures. Contact catch statement estimate of 11,000 fish, recreational fishing, those declines NMFS to request a copy of this public by approximately 500 fish. In the 2001 reflect conservation measures expected notice (see ADDRESSES) or see the NMFS whiting season, however, the whiting to better protect overfished species. Northwest Region’s groundfish website fishery’s chinook bycatch was about Revenues for many groundfish fishery at http://www.nwr.noaa.gov/1sustfsh/ 7,000 fish, which approximates the participants under the preferred gdfsh01.htm. long-term average. After reviewing data alternative are expected to decline in Pursuant to Executive Order 13175, from, and management of, the 2000 and 2003. These declines are mainly this rule was developed after 2001 whiting fisheries (including attributable to more restrictive meaningful consultation and industry bycatch minimization management measures intended to collaboration with tribal officials from measures), the status of the affected protect overfished species. It is difficult the area covered by the FMP. Under the listed chinook, environmental baseline to estimate exactly how this overall Magnuson-Stevens Act at 16 U.S.C. information, and the incidental catch decline in landings and revenue will 1852(b)(5), one of the voting members of statement from the 1999 whiting BO, affect individual members of the the Pacific Council must be a NMFS determined in a letter dated groundfish fleet. However, the overall representative of an Indian tribe with April 25, 2002, that a re-initiation of the decline is significant enough to suggest federally recognized fishing rights from 1999 whiting BO was not required. that small businesses with a substantial the area of the Council’s jurisdiction. In NMFS has concluded that portion of their incomes dependent on addition, regulations implementing the implementation of the FMP for the groundfish will be negatively affected FMP establish a procedure by which the Pacific Coast groundfish fishery is not by implementation of the 2003 proposed tribes with treaty fishing rights in the expected to jeopardize the continued harvest levels. Overall, commercial area covered by the FMP request new existence of any endangered or vessels that target groundfish are allocations or regulations specific to the threatened species under the expected to have a 21 percent decline in tribes, in writing, before the first of the jurisdiction of NMFS, or result in the groundfish-related ex-vessel revenue two fall groundfish meetings of the destruction or adverse modification of and a 5 percent decline in total ex- Council. The regulation at 50 CFR critical habitat. This action is within the vessel fishing revenue. The cumulative 660.324(d) further states ‘‘the Secretary scope of these consultations. effect of 2003 management on the will develop tribal allocations and personal incomes of fishery participants regulations under this paragraph in List of Subjects in 50 CFR Part 660 is expected to be a $35 million decline. consultation with the affected tribe(s) Administrative practice and Vessels and groundfish buyers that rely and, insofar as possible, with tribal procedure, American Samoa, Fisheries, heavily on groundfish for their annual consensus.’’ The tribal management Fishing, Guam, Hawaiian Natives, income, as opposed to other West Coast measures in this final rule were Indians, Northern Mariana Islands, fish species, will be more affected by the developed following these procedures. Reporting and recordkeeping 2003 management regime than those The tribal representative on the Council requirements. with more diversified catch and harvest made a motion to adopt the tribal assemblages. management measures, which was February 28, 2003. Most of the significant catch and passed by the Council, and those William T. Hogarth, effort reductions in the recreational fleet management measures, which were Assistant Administrator for Fisheries, would occur off California south of developed and proposed by the tribes, National Marine Fisheries Service. 40°10′ N. lat. Little change in overall are included in this final rule. For the reasons set out in the recreational effort is expected in NMFS issued Biological Opinions preamble, 50 CFR part 660 is amended Washington or Oregon. For the West (Bos) under the Endangered Species Act as follows: Coast recreational fleet, personal income on August 10, 1990, November 26, 1991, is expected to decline by 10 percent August 28, 1992, September 27, 1993, PART 660—FISHERIES OFF WEST overall, with a cumulative effect of a May 14, 1996, and December 15, 1999, COAST STATES AND IN THE $25 million decline. These personal pertaining to the effects of the WESTERN PACIFIC income values are a measure of the groundfish fishery on chinook salmon contribution of recreational fishing to (Puget Sound, Snake River spring/ l. The authority citation for part 660 businesses and local communities. summer, Snake River fall, upper continues to read as follows: Reduction in effort in California is Columbia River spring, lower Columbia Authority: 16 U.S.C. 1801 et seq. expected to result in a reduction in River, upper Willamette River, revenue for businesses that cater to Sacramento River winter, Central 2. In § 660.302, the definitions for recreational fishers. Gross receipts for Valley, California coastal), coho salmon ‘‘Open access fishery’’ and ‘‘Trip limit’’ recreational groundfish activities will (Central California coastal, southern are revised and definitions for likely decline in proportion with the Oregon/northern California coastal, ‘‘Footrope’’ and ‘‘Trawl fishing line’’ are decline in number of angler trips, Oregon coastal), chum salmon (Hood added to read as follows: however, net profits may decline more Canal, Columbia River), sockeye salmon § 660.302 Definitions. given that certain costs will be fixed on (Snake River, Odette Lake), and steeled an annual and per trip basis. Revenue (upper, middle and lower Columbia * * * * * declines from groundfish may be offset River, Snake River Basin, upper Footrope means a chain or wire rope to the degree that charter vessels operate Willamette River, central California attached to the bottom front end of a in other fisheries. coast, California Central Valley, south- trawl net and attached to the trawl The Small Business Regulatory central California, northern California, fishing line. Enforcement Act of 1996 requires a and southern California). During the * * * * *

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Open access fishery means the fishery 32°36′42″ N. lat., 117°50′ W. long.; other materials. Sweepings, including composed of vessels using open access 32°30′ N. lat., 117°53′30″ W. long.; the bottom leg of the bridle, must be gear fished pursuant to the harvest 32°30′ N. lat., 118°02′ W. long.; bare. For at least 20 ft (6.15 m) guidelines, quotas, and other and connecting back to 32°42′ N. lat., immediately behind the footrope or management measures governing the 118°02′ W. long. headrope, bare ropes or mesh of 16-inch open access fishery. Any commercial (d) Yelloweye Rockfish Conservation (40.6-cm) minimum mesh size must fishing vessel that does not have a Area (YRCA). The YRCA is an C-shaped completely encircle the net. A band of limited entry permit and which lands area off the northern Washington coast mesh (a ‘‘skirt’’) may encircle the net groundfish in the course of commercial that is bound by straight lines under transfer cables, lifting or splitting fishing is a participant in the open connecting all of the following points in straps (chokers), but must be: Over access fishery. the order listed: riblines and restraining straps; the same * * * * * 48°18′ N. lat.; 125°18′ W. long.; mesh size and coincide knot-to-knot Trawl fishing line means a length of 48°18′ N. lat.; 124°59′ W. long.; with the net to which it is attached; and chain or wire rope in the bottom front 48°11′ N. lat.; 124°59′ W. long.; no wider than 16 meshes. end of a trawl net to which the webbing 48°11′ N. lat.; 125°11′ W. long.; * * * * * or lead ropes are attached. 48°04′ N. lat.; 125°11′ W. long.; ° ′ ° ′ 5. In § 660.323, paragraph (b) is * * * * * 48 04 N. lat.; 124 59 W. long.; revised to read as follows: 48°00′ N. lat.; 124°59′ W. long.; Trip limit means the total amount of ° ′ ° ′ a groundfish species or species complex 48 00 N. lat.; 125 18 W. long.; § 660.323 Catch restrictions. and connecting back to 48°18′ N. lat.; * * * * * by weight, or by percentage of weight of ° ′ fish on board the vessel, that may 125 18 W. long. (b) Routine management measures. In legally be taken and retained, possessed, * * * * * addition to the catch restrictions in this or landed per vessel from a single 4. In § 660.322, revise paragraph (b)(5) section, other catch restrictions that are fishing trip. and add a new paragraph (b)(6) to read likely to be adjusted on an annual or * * * * * as follows: more frequent basis may be imposed and announced by a single notification 3. In § 660.304, the section heading, § 660.322 Gear restrictions. in the Federal Register if they have been the heading of paragraph (a), and * * * * * designated as routine through the two- paragraphs (b) through (d) are revised to (b) Trawl gear * * * meeting process described in the FMP. read as follows: (5) Large and small footrope trawl The following catch restrictions have § 660.304 Management areas, including gear. Large footrope trawl gear is bottom been designated as routine: conservation areas, and commonly used trawl gear, as specified at § 660.302, (1) Commercial limited entry and geographic coordinates. with a footrope diameter larger than 8 open access fisheries—(i) Trip landing (a) Management areas. * * * inches (20 cm) (including rollers, and frequency limits, size limits, all (b) Commonly used geographic bobbins or other material encircling or gear. Trip landing and frequency limits coordinates. tied along the length of the footrope). have been designated as routine for the (1) Cape Falcon, OR—45°46′ N. lat. Small footrope trawl gear is bottom following species or species groups: (2) Cape Lookout, OR—45°20′15″ N. trawl gear, as specified at § 660.302 and widow rockfish, canary rockfish, lat. 660.322(b), with a footrope diameter 8 yellowtail rockfish, Pacific ocean perch, (3) Cape Blanco, OR—42°50′ N. lat. inches (20 cm) or smaller (including yelloweye rockfish, splitnose rockfish, (4) Cape Mendocino, CA—40°30′ N. rollers, bobbins or other material bocaccio, cowcod, minor nearshore lat. encircling or tied along the length of the rockfish or shallow and deeper minor (5) North/South management line— footrope). Chafing gear may be used nearshore rockfish, shelf or minor shelf 40°10′ N. lat. only on the last 50 meshes of a small rockfish, and minor slope rockfish; (6) Point Arena, CA—38°57′30″ N. lat. footrope trawl, measured from the Dover sole, sablefish, shortspine (7) Point Conception, CA—34°27′ N. terminal (closed) end of the coded. thornyheads, longspine thornyheads, lat. Other lines or ropes that run parallel to and the ‘‘DTS complex,’’ which is (c) Cowcod Conservation Areas the footrope may not be augmented or composed of those species; petrale sole, (CCAs). (1) The Western CCA is an area modified to violate footrope size rex sole, arrowtooth flounder, Pacific south of Point Conception that is bound restrictions. For enforcement purposes, sanddabs, and the flatfish complex, by straight lines connecting all of the the footrope will be measured in a which is composed of those species plus following points in the order listed: straight line from the outside edge to the any other flatfish species listed at 33°50′ N. lat., 119°30′ W. long.; opposite outside edge at the widest part § 660.302; Pacific whiting; lingcod; and 33°50′ N. lat., 118°50′ W. long.; on any individual part, including any ‘‘other fish’’ as a complex consisting of 32°20′ N. lat., 118°50′ W. long.; individual disk, roller, bobbin, or any all groundfish species listed at § 660.302 32°20′ N. lat., 119°37′ W. long.; other device. and not otherwise listed as a distinct 33°00′ N. lat., 119°37′ W. long.; (6) Pelagic or ‘‘midwater’’ trawls. species or species group. Size limits 33°00′ N. lat., 119°53′ W. long.; Pelagic trawl nets must have have been designated as routine for 33°33′ N. lat., 119°53′ W. long.; unprotected footropes at the trawl sablefish and lingcod. Trip landing and 33°33′ N. lat., 119°30′ W. long.; mouth, and must not have rollers, frequency limits and size limits for and connecting back to 33°50′ N. lat., bobbins, tires, wheels, rubber discs, or species with those limits designated as 119°30′ W. long. any similar device anywhere in the net. routine may be imposed or adjusted on (2) The Eastern CCA is a smaller area The footrope of pelagic gear may not be an annual or more frequent basis for the west of San Diego that is bound by enlarged by encircling it with chains or purpose of keeping landings within the straight lines connecting all of the by any other means. Ropes or lines harvest levels announced by NMFS, and following points in the order listed: running parallel to the footrope of for the other purposes given in 32°42′ N. lat., 118°02′ W. long.; pelagic trawl gear must be bare and may paragraph (b)(1)(i)(A) and (B) of this 32°42′ N. lat., 117°50′ W. long.; not be suspended with chains or any section.

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(A) Trip landing and frequency limits. (2) Recreational fisheries all gear (iii) Season duration restrictions. To To extend the fishing season; to types. Routine management measures spread the available catch over a large minimize disruption of traditional for all groundfish species, separately or number of anglers; to protect and fishing and marketing patterns; to in any combination, include bag limits, rebuild overfished species; to avoid reduce discards; to discourage target size limits, time/area closures, boat waste; to enhance the quality of the fishing while allowing small incidental limits, hook limits, and dressing recreational fishing experience. catches to be landed; to protect requirements. All routine management (3) All fisheries, all gear types depth- overfished species; to allow small measures on recreational fisheries are based management measures. Depth- fisheries to operate outside the normal intended to keep landings within the based management measures, season; and, for the open access fishery harvest levels announced by NMFS, to particularly the setting of closed areas only, to maintain landings at the rebuild and protect overfished or known as Groundfish Conservation historical proportions during the 1984– depleted species, and to maintain Areas may be imposed on any sector of 88 window period. consistency with State regulations, and the groundfish fleet using specific (B) Size limits. To protect juvenile for the other purposes set forth in this boundary lines that approximate depth fish; to extend the fishing season. section. contours with latitude/longitude (ii) Differential trip landing and (i) Bag limits. To spread the available waypoints. Depth-based management frequency limits based on gear type, catch over a large number of anglers; to measures and the setting of closed areas closed seasons. Trip landing and protect and rebuild overfished species; may be used to protect and rebuild frequency limits that differ by gear type to avoid waste. overfished stocks. and closed seasons may be imposed or (ii) Size limits. To protect juvenile adjusted on an annual or more frequent fish; to protect and rebuild overfished * * * * * basis for the purpose of rebuilding and species; to enhance the quality of the [FR Doc. 03–5166 Filed 2–28–03; 4:27 pm] protecting overfished or depleted stocks. recreational fishing experience. BILLING CODE 3510–22–S

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Part III

Department of Health and Human Services Centers for Medicare & Medicaid Services

42 CFR Part 412 Medicare Program; Prospective Payment System for Long-Term Care Hospitals: Proposed Annual Payment Rate Updates and Policy Changes; Proposed Rule

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DEPARTMENT OF HEALTH AND Services, Attention: CMS–1472–P, PO Tiffany Eggers, (410) 786–0400 (Market HUMAN SERVICES Box 8010, Baltimore, MD 21244–1850. basket update, short-stay outliers and If you prefer, you may deliver, by interrupted stays) Centers for Medicare & Medicaid hand or courier, your written comments Ann Fagan, (410) 786–5662 (Patient Services (an original and three copies) to one of classification system) the following addresses: Miechal Lefkowitz, (410) 786–5316 42 CFR Part 412 (High-cost outliers and budget Room 443–G, Hubert H. Humphrey neutrality) [CMS–1472–P] Building, 200 Independence Avenue, Linda McKenna, (410) 786–4537 SW., Washington, DC 20201, or RIN 0938–AL92 (Payment adjustments and transition Room C5–14–03, Central Building, 7500 period) Medicare Program; Prospective Security Boulevard, Baltimore, MD Kathryn McCann, (410) 786–7623 Payment System for Long-Term Care 21244–1850. (Medigap) Hospitals: Proposed Annual Payment (Because access to the interior of the Robert Nakielny, (410) 786–4466 Rate Updates and Policy Changes Humphrey Building is not readily (Medicaid) AGENCY: Centers for Medicare & available to persons without Federal SUPPLEMENTARY INFORMATION: Medicaid Services (CMS), HHS. Government identification, commenters are encouraged to leave their comments Inspection of Public Comments ACTION: Proposed rule. in the CMS drop slots located in the Comments received timely will be SUMMARY: In this proposed annual main lobby of the building. A stamp-in available for public inspection as they update of the payment rates for the clock is available for commenters who are processed, generally beginning Medicare prospective payment system wish to retain proof of filing by approximately 4 weeks after publication (PPS) for inpatient hospital services stamping in and keeping an extra copy of a document, in Room C5–12–08 of provided by long-term care hospitals of the comments being filed.) the Centers for Medicare & Medicaid (LTCHs), we are proposing to change the Comments mailed to those addresses Services, 7500 Security Blvd., annual period during which the specified as appropriate for courier Baltimore, MD, on Monday through updated payment rates for the LTCH delivery may be delayed and could be Friday of each week from 8:30 a.m. to PPS would be effective from October 1 considered late. 5 p.m. Please call (410) 786–7197 to through September 30 to July 1 through Because of staffing and resource schedule an appointment to view public June 30. We also are proposing to limitation, we cannot accept comments comments. change the publication schedule for by facsimile (FAX) transmission. In these updates to allow for an effective Availability of Copies and Electronic commenting, please refer to file code Access date of July 1 (instead of August 1). The CMS–1472–P. proposed payment amounts and factors For information on viewing public Copies: To order copies of the Federal used to determine the proposed updated comments, see the beginning of the Register containing this document, send Federal rates that are described in this SUPPLEMENTARY INFORMATION section. your request to: New Orders, proposed rule have been determined For comments that relate to Superintendent of Documents, PO Box based on this proposed revised update information collection requirements, 371954, Pittsburgh, PA 15250–7954. rate year. In addition, we are proposing mail a copy of comments to the Specify the date of the issue requested that the annual update of the long-term following address: and enclose a check or money order care diagnosis-related groups (LTC– payable to the Superintendent of DRG) classifications and relative Centers for Medicare & Medicaid Documents, or enclose your Visa or weights will remain linked to the Services, Office of Strategic Master Card number and expiration annual adjustments of the acute care Operations and Regulatory Affairs, date. Credit card orders can also be hospital inpatient diagnosis-related Security and Standards Group, placed by calling the order desk at (202) group system, effective each October 1. Regulations Development and 512–1800 or by faxing to (202) 512– The proposed outlier threshold for July Issuances Group Standards, PRA 2250. The cost for each copy is $10. As 1, 2003 through June 30, 2004 would be Reports Clearance Office, 7500 an alternative, you can view and derived from the proposed rate year Security Boulevard, Baltimore, MD photocopy the Federal Register calculations. In order to conform to a 21244–1850. Attn: John Burke, CMS– document at most libraries designated proposed change in the acute care 1472–P; and as Federal Depository Libraries and at hospital inpatient PPS (IPPS) outlier Office of Information and Regulatory many other public and academic policy, we are proposing a change for Affairs, Office of Management and libraries throughout the country that outlier payments under the LTCH PPS. Budget, Room 3001, New Executive receive the Federal Register. We also are proposing a policy change Office Building, Washington, DC This Federal Register document is eliminating bed-number restrictions for 20503, Attn: Brenda Aguilar, CMS also available from the Federal Register pre-1997 LTCHs that have established Desk Officer. online database through GPO Access, a satellite facilities and that elect to be FOR FURTHER INFORMATION CONTACT: service of the U.S. Government Printing paid 100 percent of the Federal rate. Tzvi Hefter, (410) 786–4487 (General Office. The Web site address is: http:// DATES: Comments will be considered if information) www.access.gpo.gov/nara/index.html. received at the appropriate address, as Judy Richter, (410) 786–2590 (General To assist readers in referencing provided below, no later than 5 p.m. on information, transition payments, sections contained in this preamble, we May 6, 2003. payment adjustments, and onsite are providing the following table of ADDRESSES: Mail written comments (an discharges and readmissions) contents. original and three copies) to the Michele Hudson, (410) 786–5490 Table of Contents following address only: Centers for (Calculation of the payment rates, I. Background Medicare & Medicaid Services, relative weights and case-mix index, A. Legislative and Regulatory Authority Department of Health and Human and payment adjustments) B. Criteria for Classification as a LTCH

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C. Transition Period for Implementation of 1. Executive Order 12866 Program] Balanced Budget Refinement the LTCH PPS 2. Regulatory Flexibility Act (RFA) Act of 1999 (BBRA) (Pub. L. 106–113) D. Limitation on Charges to Beneficiaries 3. Impact on Rural Hospitals and the Medicare, Medicaid, and SCHIP E. System Implementation for the LTCH 4. Unfunded Mandates Benefits Improvement and Protection PPS 5. Federalism Act of 2000 (BIPA) (Pub. L. 106–554) II. Summary of the Major Contents of This B. Anticipated Effects Proposed Rule 1. Budgetary Impact provide for payment for both the A. Proposed Change in the Annual Update 2. Impact on Providers operating and capital-related costs of B. Proposed Update Changes 3. Calculation of Prospective Payments hospital inpatient stays in long-term III. Proposed Changes in the Annual Update 4. Results care hospitals (LTCHs) under Medicare of the LTCH PPS 5. Effect on the Medicare Program Part A based on prospectively set rates. IV. Proposed Changes in Long-Term Care 6. Effect on Medicare Beneficiaries The Medicare prospective payment Diagnosis-Related Group (LTC–DRG) C. Executive Order 12866 system for LTCHs applies to hospitals Classifications and Relative Weights XIV. Response to Public Comments described in section 1886(d)(1)(B)(iv) of A. Background Regulations Text the Social Security Act (the Act), B. Patient Classifications into DRGs Addendum–Tables C. Organization of DRGs effective for cost reporting periods D. Update of LTC–DRGs Acronyms beginning on or after October 1, 2002. E. ICD–9–CM Coding System Because of the many terms to which Section 1886(d)(1)(B)(iv)(I) of the Act 1. Uniform Hospital Discharge Data Set we refer by acronym in this proposed defines a LTCH as ‘‘a hospital which has (UHDDS) Definitions an average inpatient length of stay (as 2. Maintenance of the ICD–9–CM Coding rule, we are listing the acronyms used and their corresponding terms in determined by the Secretary) of greater System than 25 days.’’ Section alphabetical order below: 3. Coding Rules and Use of ICD–9–CM 1886(d)(1)(B)(iv)(II) of the Act also Codes in LTCHs BBA Balanced Budget Act of 1997, provides another definition of LTCHs: F. Proposed Changes to the Method for Pub. L. 105–33 Updating the LTC–DRG Relative Weights Specifically, a hospital that first BBRA Medicare, Medicaid, and SCHIP received payment under section 1886(d) V. Proposed Policy Change Relating to [State Children’s Health Insurance Payments to LTCHs That Are Satellite of the Act in 1986 and has an average Facilities Program] Balanced Budget inpatient length of stay (as determined VI. Proposed Changes to the LTCH PPS Rates Refinement Act of 1999, Pub. L. by the Secretary) of greater than 20 days for the Proposed 2004 LTCH PPS Rate 106–113 and has 80 percent or more of its annual Year BIPA Medicare, Medicaid, and SCHIP Medicare inpatient discharges with a A. Overview of the Development of the [State Children’s Health Insurance principal diagnosis that reflects a Proposed Payment Rates Program] Benefits Improvement and finding of neoplastic disease in the 12- B. Proposed Update to the Standard Protection Act of 2000, Pub. L. 106– month cost reporting period ending in Federal Rate for the Proposed 2004 554 LTCH PPS Rate Year FY 1997. CMS Centers for Medicare & Medicaid Section 123 of Pub. L. 106–113 1. Proposed Standard Federal Rate Update Services a. Description of the Proposed Market requires the prospective payment Basket for the Proposed 2004 LTCH PPS DRGs Diagnosis-related groups system for LTCHs to be a per discharge Rate Year FY Federal fiscal year system with a diagnosis-related group b. Proposed LTCH Market Basket Increase HCRIS Hospital Cost Report (DRG) based patient classification for the Proposed 2004 LTCH PPS Rate Information System system that reflects the differences in Year HHA Home health agency patient resources and costs in LTCHs 2. Proposed Standard Federal Rate for the HIPAA Health Insurance Portability while maintaining budget neutrality. Proposed 2004 LTCH PPS Rate Year and Accountability Act, Pub. L. Section 123 also requires that the C. Calculation of Proposed LTCH 104–191 Prospective Payments for the Proposed system be implemented for cost IPPS Acute Care Hospital Inpatient reporting periods beginning on or after 2004 LTCH PPS Rate Year Prospective Payment System 1. Proposed Adjustment for Area Wage October 1, 2002. IRF Inpatient rehabilitation facility Section 307(b)(1) of Pub. L. 106–554 Levels LTC–DRG Long-term care diagnosis- 2. Proposed Adjustment for Cost-of-Living mandates the examination of the in Alaska and Hawaii related group feasibility and the impact of basing 3. Proposed Adjustment for High-Cost LTCH Long-term care hospital payment under the LTCH prospective Outliers MedPAC Medicare Payment Advisory payment system (LTCH PPS) on the use 4. Proposed Adjustment for Special Cases Commission of existing (or refined) hospital DRGs a. General MedPAR Medicare provider analysis that have been modified to account for b. Short-Stay Outlier Cases and review file different resource use of LTCH patients c. Interrupted Stay OSCAR Online Survey Certification as well as the use of the most recently d. Onsite Discharges and Readmittances and Reporting (System) e. Treatment of Swing Beds Under the available hospital discharge data. PPS Prospective Payment System Further, section 307(b)(1) provides that Interrupted Stay and Onsite Discharge QIO Quality Improvement and Readmittance Policies the Secretary shall examine and may 5. Other Proposed Payment Adjustments Organization (formerly Peer Review provide for adjustments to payments 6. Proposed Budget Neutrality Offset to Organization (PRO)) under the LTCH PPS, including Account for the Transition Methodology SNF Skilled nursing facility adjustments to DRG weights, area wage VII. Computing the Proposed Adjusted TEFRA Tax Equity and Fiscal adjustments, geographic reclassification, Federal Prospective Payments Responsibility Act of 1982, Pub. L. outliers, updates, and a disproportionate VIII. Transition Period 97–248 IX. Proposed Payments to New LTCHs share adjustment. X. Method of Payment I. Background In a Federal Register document issued on August 30, 2002 (67 FR XI. Monitoring A. Legislative and Regulatory Authority XII. Collection of Information Requirements 55954), we implemented the LTCH PPS XIII. Regulatory Impact Analysis The Medicare, Medicaid, and SCHIP authorized under Pub. L. 106–113 and A. Introduction [State Children’s Health Insurance Pub. L. 106–554. This system uses

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information from LTCH patient records an average Medicare inpatient length of authorized under section 402(a) of Pub. to classify patients into distinct long- stay of greater than 25 days, or, for cost L. 90–248 (42 U.S.C. 1395b–1) or section term care diagnosis-related groups reporting periods beginning on or after 222(a) of Pub. L. 92–603 (42 U.S.C. (LTC–DRGs) based on clinical August 5, 1997, for a hospital that was 1395b–1 (note)) (statewide all-payer characteristics and expected resource first excluded from the PPS in 1986, systems, subject to the rate-of-increase needs. Payments are calculated for each must have an average inpatient length of test at section 1814(b) of the Act). LTC–DRG and provisions are made for stay for all patients, including both • Nonparticipating hospitals appropriate payment adjustments. Medicare and non-Medicare inpatients, furnishing emergency services to Payment rates under the LTCH PPS are of greater than 20 days and demonstrate Medicare beneficiaries. updated annually and published in the that at least 80 percent of its annual Federal Register. Medicare inpatient discharges in the 12- C. Transition Period for Implementation The LTCH PPS replaced the month cost reporting period ending in of the LTCH PPS reasonable cost-based payment system FY 1997 have a principle diagnosis that In the August 30, 2002 final rule (67 under the Tax Equity and Fiscal reflects a finding of neoplastic disease. FR 56038), we provided for a 5-year Responsibility Act of 1982 (TEFRA), Subject to the provisions of transition period from cost-based Pub. L. 97–248, for payments for § 412.23(e)(3), the average Medicare reimbursement to fully Federal inpatient services provided by a LTCH inpatient length of stay is determined prospective payment for LTCHs. During with a cost reporting period beginning based on all covered and noncovered the 5-year period, two payment on or after October 1, 2002. (The days of stay of Medicare patients as percentages are to be used to determine regulations implementing the TEFRA calculated by dividing the total number a LTCH’s total payment under the PPS. hospital payment provisions are located of covered and noncovered days of stay The blend percentages are as follows: at 42 CFR part 413.) With the of Medicare inpatients (less leave or implementation of the prospective pass days) by the number of total Prospec- Cost- payment system for inpatient acute care Medicare discharges for the hospital’s Cost reporting peri- tive pay- based re- hospitals authorized by the Social ods beginning on ment fed- imburse- most recent complete cost reporting or after eral rate ment rate Security Amendments of 1983 (Pub. L. period. Fiscal intermediaries verify that percentage percentage 98–21), which added section 1886(d) to LTCHs meet the average length of stay the Act, certain hospitals, including requirements. Oct. 1, 2002 ...... 20 80 LTCHs, were excluded from the PPS for The fiscal intermediary’s Oct. 1, 2003 ...... 40 60 acute care hospitals and paid their determination of whether or not a Oct. 1, 2004 ...... 60 40 reasonable costs for inpatient services hospital qualifies as an LTCH is based Oct. 1, 2005 ...... 80 20 subject to a per discharge limitation or on the hospital’s discharge data from its Oct. 1, 2006 ...... 100 0 target amount under the TEFRA system. most recent cost reporting period and is For each cost reporting period, a ceiling effective at the start of the hospital’s The phase-in for payments to the full on payments to each hospital excluded next cost reporting period, under prospective payment Federal rate will from the acute care hospital inpatient § 412.22(d). If a hospital does not meet apply according to each LTCH’s cost prospective payment system (IPPS) was the length of stay requirement, the reporting period. determined by multiplying the hospital may provide the intermediary D. Limitation on Charges to hospital’s updated target amount by the with data indicating a change in the Beneficiaries number of total current year Medicare hospital’s average length of stay by the discharges. The August 30, 2002 final same method for the immediately In the August 30, 2002 final rule, we rule further details payment policy preceding 6-month period presented an in-depth discussion of under the TEFRA system (67 FR 55954). (§ 412.23(e)(3)(ii)). (For procedural beneficiary liability under the LTCH In the August 30, 2002 final rule, we efficiency and in order to comply with prospective payment system (67 FR presented an in-depth discussion of the the timing requirement of § 412.22(d), 55974–55975). Under § 412.507, as LTCH PPS, including the patient we have a longstanding policy of consistent with other established classification system, relative weights, allowing hospitals to submit data for a hospital prospective payment systems, a payment rates, additional payments, period greater than 5 months for this LTCH may not bill a Medicare and the budget neutrality requirements purpose.) Requirements for hospitals beneficiary for more than the deductible mandated by section 123 of Pub. L. 106– seeking classification as LTCHs that and coinsurance amounts as specified 113. That same final rule, which have undergone a change in ownership, under §§ 409.82, 409.83, and 409.87 and established regulations for the LTCH as described in § 489.18, are set forth in for items and services as specified under PPS under 42 CFR part 412, Subpart O, § 412.23(e)(3)(iii). § 489.30(a), if the Medicare payment to also contained provisions related to LTCHs that exist as hospitals-within- the LTCH is the full LTC–DRG payment covered inpatient services, limitation on hospitals or satellite facilities must also amount. However, if the Medicare charges to beneficiaries, medical review meet the criteria set forth in § 412.22(e) payment was for a short-stay outlier requirements, furnishing of inpatient or § 412.22(h), respectively, to be case (§ 412.529) that was less than the hospital services directly or under excluded from the IPPS and paid under full LTC–DRG payment amount, the arrangement, and reporting and the LTCH PPS. LTCH could also charge the beneficiary recordkeeping requirements. The following hospitals are paid for services for which the costs of those We refer readers to the August 30, under special payment provisions, as services or the days those services were 2002 final rule for a comprehensive described in § 412.22(c) and, therefore, provided were not a basis for calculating discussion of the research and data that are not subject to the LTCH PPS rules: the Medicare short-stay outlier payment supported the establishment of the • Veterans Administration hospitals. (§ 412.507). LTCH PPS. • Hospitals that are reimbursed under Since the origin of the Medicare State cost control systems approved system, the intent of our regulations has B. Criteria for Classification as a LTCH under 42 CFR part 403. been to set limits on beneficiary liability LTCHs must have a provider • Hospitals that are reimbursed in and to clearly establish the agreement with Medicare and must have accordance with demonstration projects circumstances under which the

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beneficiary would be required to assume for submitting claim forms to the the proposed excluded hospital with responsibility for payment; that is, upon LTCH’s Medicare fiscal intermediary (45 capital market basket that would be exhausting benefits described in 42 CFR CFR 162.1002 and 45 CFR 162.1102). applied to the current standard Federal part 409, subpart F. The discussion in Beginning October 16, 2003, LTCHs that rate to determine the prospective the August 30, 2002 final rule was not obtained an extension and that are payment rates, the applicable meant to establish rates or payments for, required to comply with the HIPPA adjustments to payments, the proposed or define, Medicare-eligible expenses. Administrative Simplification outlier threshold, the transition period, While CMS regulates beneficiary Standards must start submitting and the proposed budget neutrality liability for coinsurance and deductibles electronic claims in compliance with factor. for hospital stays that are covered by the HIPPA regulations cited above, • We are also proposing to revise Medicare, payments from Medigap among others. § 412.525(a) and § 412.529(c)(4) insurers to providers for inpatient regarding adjustments to outlier hospital coverage after Medicare II. Summary of the Major Contents of payments under the LTCH PPS in order benefits are exhausted are not regulated This Proposed Rule to conform the regulation to a proposed by CMS. Furthermore, regulations In this proposed rule, we are setting policy change under the IPPS that is beginning at § 403.200 and the 1991 forth the proposed annual update to the published in the Federal Register on National Association of Insurance payment rates for the Medicare LTCH March 4, 2003. Commissioners (NAIC) Model PPS and proposing other policy • In section XI. of this preamble, we Regulation for Medicare Supplemental changes. The following is a summary of discuss our continuing monitoring Insurance, which was incorporated by the major areas that we are addressing efforts to evaluate the LTCH PPS. reference into section 1882 of the Act, in this proposed rule: • In section XIII. of this preamble, we set forth an analysis of the impact of the govern the relationship between A. Proposed Change in the Annual Medigap insurers and beneficiaries. proposed changes in this proposed rule Update on Medicare expenditures and on E. System Implementation for the LTCH We are proposing to change the Medicare-participating LTCHs and PPS annual update to the Federal payment Medicare beneficiaries. rate under the LTCH PPS from the When we established the regulations III. Proposed Changes in the Annual to implement the LTCH PPS on August Federal fiscal year (October 1 through Update of the LTCH PPS 30, 2002 (67 FR 55954), effective for cost September 30) to a ‘‘LTCH rate year’’ of reporting periods that began on or after July 1 through June 30, beginning July In existing regulations at § 412.535 October 1, 2002, we did not have 1, 2003, as discussed in section III. of that were issued in the August 30, 2002 computer system changes in place that this preamble. (In this proposed rule, we final rule, we specify a schedule for were necessary to accommodate claims would define the LTCH rate year as the publishing information on the LTCH processing and payment under the period of July 1 to June 30 for updates PPS on or before August 1, which system. However, after January 1, 2003, to the LTCH PPS.) We are proposing to coincided with the statutorily mandated we made the necessary system changes. publish information on the annual publication schedule for the IPPS. We Accordingly, after January 1, 2003, the update in the Federal Register by June are proposing to revise § 412.535 to fiscal intermediary will reconcile the 1 of each year. We recognize that it may provide generally for a change in the payment amounts that had been made to be necessary to address issues affecting annual rate update for the LTCH PPS, LTCHs for all covered inpatient hospital LTCHs at a time that does not conform starting on July 1. services furnished to Medicare to this schedule and in those Section 1886(e)(5)(A) of the Act beneficiaries from cost reporting periods circumstances, we could utilize the requires that, for the IPPS, the proposed that began on or after October 1, 2002, IPPS proposed and final rule for this rule be published in the Federal through January 1, 2003, with the purpose. Register ‘‘not later than the April 1 amounts that were payable under the before each fiscal year; and the final LTCH PPS methodology. Because the B. Proposed Update Changes rule, not later than the August 1 before LTCH PPS was effective at the start of • In section IV. of this preamble, we such fiscal year.’’ The statute imposes the LTCH’s first cost reporting period are proposing that the annual update of no such publication schedule for the that began on or after October 1, 2002, the LTC–DRG classifications and LTCH PPS. In the August 30, 2002 final only those LTCHs with cost reporting relative weights would remain linked to rule (67 FR 55977), we stated that we periods that started October 1, 2002, the annual adjustments of the acute care were considering changing the through January 1, 2003, will experience hospital inpatient DRG system, which publication schedule of the LTCH PPS the payment reconciliation necessitated are based on the annual revisions to the annual rulemaking cycle in order to by this 3-month period prior to systems International Classification of Diseases, avoid concurrent publication of annual implementation. The claims submission Ninth Revision, Clinical Modification rules for these two systems for purposes procedure of using ICD–9–CM codes has (ICD–9–CM) codes, effective each of administrative feasibility and not changed following the systems October 1. efficiency. In considering a change in implementation of the LTCH PPS. • In section V. of this preamble, we the publication schedule of the LTCH We also want to note that as of discuss a proposed policy change in PPS final rule, we contemplated a October 16, 2002, a LTCH that was how Medicare payment under the LTCH change in the effective date for updating required to comply with the PPS would be made to certain LTCHs the Federal rates for the LTCH PPS. Administrative Simplification that have satellite facilities. Therefore, in this proposed rule, we are Standards under the Health Insurance • In sections VI. through X. of this proposing to change the effective date of Portability and Accountability Act preamble, we discuss our proposed the annual update for the LTCH PPS (HIPAA) (Pub. L. 104–191) and that had determination of the LTCH PPS rates from October 1 to July 1 of each year in not obtained an extension in that would be applicable to the order to facilitate a timely publication of compliance with the Administrative proposed LTCH rate year of July 1, 2003 these two significant payment updates Compliance Act (Pub. L. 107–105) is through June 30, 2004, including (acute care hospital inpatient and obligated to comply with the standards proposed revisions to the wage index, LTCH). Thus, the annual update of the

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LTCH PPS Federal rates would no We also are proposing to recalculate finalized in the IPPS final rule, for an longer be linked to the start of the the budget neutrality offset to account effective date of October 1, 2003. Federal fiscal year, as is the update of for the effect of the transition period and The proposed change in the rate year the IPPS. This proposed change would the policy allowing LTCHs to elect 100 for the LTCH PPS from October 1 necessitate publication of the final rule percent Federal rate payments rather through September 30 to July 1 through for the LTCH PPS by no later than June than the transition blend. In addition, June 30 means that, although the 1 of each year (proposed revised we are proposing an updated fixed-loss Federal rate calculations in the August § 412.535). amount for determining outlier 30, 2002 final rule were based on a 12- We also are proposing to amend payments based on the updated month year, only 9 months will elapse § 412.503 to include a definition of proposed Federal rate (as discussed in before the proposed July 1, 2003 update. ‘‘long-term care hospital rate year’’. A section VII. of this preamble). We are proposing a prospective ‘‘long-term care hospital rate year’’ As discussed in section IV.C. of this adjustment to the market basket update would mean the 12-month period of proposed rule, we are not proposing an to take into account this 3-month July 1 through June 30. We would use update to the LTC–DRG classifications differential in setting the proposed rates this period for those calculations related or relative weights at this time. for July 1, 2003 through June 30, 2004. to updating the Federal rate for Currently, the LTC–DRG patient Specifically, the proposed updates for payments under the LTCH PPS. The classifications utilized by the LTCH PPS the proposed 2004 LTCH PPS rate year determination of the proposed fixed-loss for FY 2003 are based directly on the would be affected as follows: • The proposed update to the threshold for outlier payment same version of DRGs used by the IPPS, standard Federal rate calculated in calculations, under § 412.525(a), would that is, GROUPER 20.0. Therefore, we accordance with § 412.523(c)(3) would also be calculated based on the are not proposing any change to the be adjusted to account for updating the proposed LTCH rate year. (Section VI.C. timing of the annual update of the LTC– standard Federal rate on July 1, 2003, of this proposed rule includes a more DRG classifications and relative weights. They would remain linked to instead of October 1, 2003. detailed discussion of our proposed • The fixed-loss amount for outlier policy.) the annual adjustments of the acute care hospital inpatient DRG system, which determining high-cost outlier payments Proposing a change for the annual are based on the annual revisions to the under § 412.525(a) would also be Federal rate update period for the LTCH ICD–9–CM codes, effective each October updated based on the proposed Federal PPS has also necessitated a proposed 1. Table 3 of the Addendum to the rate effective for July 1, 2003 through recalculation of the excluded hospital August 30, 2002 final rule (67 FR June 30, 2004. market basket with capital estimate for 56076–56084), which we are reprinting In section VI.B.1 of this proposed the proposed forthcoming payment year, as Table 3 of the Addendum to this rule, we discuss the proposed July 1, 2003 through June 30, 2004. In proposed rule, contains the LTC–DRG computational adjustments resulting the August 30, 2002 final rule, we classifications and relative weights that from our proposed establishment of a adopted a Federal rate of $34,956 that we propose to continue to apply to LTCH PPS rate year beginning July 1, was computed based on the excluded discharges occurring during the period 2003 through June 30, 2004. hospital with capital market basket of July 1, 2003 through September 30, Several provisions of the LTCH PPS calculated for the 12-month Federal 2003. As an aid in calculating payment would not be affected by the proposed fiscal year of October 1, 2002 through under the short-stay outlier policy, change in the annual rate update year September 30, 2003. As already noted, under § 412.529, we also are including, for the LTCH PPS from October 1 to July we are proposing to change the Federal in column 3 of Table 3, the proposed 1 because these policies are not based rate update for the LTCH PPS from the five-sixths average length of stay that on any of the Federal rate calculations Federal fiscal year to a 12-month year of would be applied to each LTC–DRG in for the LTCH PPS. Specifically, the July 1 through June 30, and the determining whether the LTCH stay is a following provisions would not be proposed rates in this proposed rule are short-stay outlier. The average length of affected: • based on this period. Because the stay for each DRG based on the FY 2001 The transition blends provided for Federal rate of $34,956 was originally MedPAR data, which were used for the under § 412.533(a) would not be computed based on a 12-month year, FY 2003 LTCH PPS final rule, are still affected because they are linked to the but in actuality will only be utilized for the best available complete LTCH start of each LTCH’s cost reporting 9 months, if the proposed change in the discharge data available at this time. period, rather than to the start of the LTCH PPS rate update year is finalized, The revised LTC–DRG classifications Federal fiscal year. (LTCHs being paid we are proposing a budget neutral and relative weights for discharges under the transition blend methodology adjustment to the market basket update occurring from October 1, 2003 through would receive those blends for the taking this 3-month differential into September 30, 2004, for payments under entire 5-year transition period, unless account in setting the Federal rate for the LTCH PPS during that period would they elect payments based on 100 July 1, 2003 through June 30, 2004. In continue to be based on the annual percent of the Federal rate.) For addition, we are proposing that the updates to the acute care hospital instance, for cost reporting periods that change in the proposed 2004 LTCH PPS inpatient DRG system. The FY 2004 began on or after October 1, 2002, and rate year be budget neutral. In section DRGs and relative weights for the IPPS before October 1, 2003, the total VI.B.1 of this proposed rule, we describe have not yet been proposed and we are payment for a LTCH is 80 percent of the this proposed adjustment in greater unable to propose updated LTC–DRGs amount that would have been calculated detail. and relative weights (which would be under the TEFRA payment system for We are proposing to update the LTCH based on the proposed updated acute that specific LTCH and 20 percent of the PPS wage index that adjusts for care hospital inpatient DRGs and Federal prospective payment amount. differences in area wages under relative weights) at this time. Thus, we For cost reporting periods beginning on § 412.525(c) using the FY 1999 IPPS are proposing that the LTC–DRG or after October 1, 2003 and before wage data because these are the best classifications and relative weights October 1, 2004, the total payment for available data (as discussed in section would be presented for public comment a LTCH is 60 percent of the amount that VI.C. of this preamble). in the proposed rule for the IPPS and would have been calculated under the

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TEFRA payment system for that specific LTCH PPS] on the use of existing (or required to comply with the HIPAA LTCH and 40 percent of the Federal refined) hospital diagnosis-related Administrative Simplification prospective payment amount. groups (DRGs) that have been modified Standards and that had not obtained an • The 5-year phase-in of the to account for different resource use of extension in compliance with the adjustment for differences in area wage long-term care hospital patients as well Administrative Compliance Act (Pub. L. levels under § 412.525(c) would not be as the use of the most recently available 107–105) is obligated to comply with affected because they are linked to the hospital discharge data.’’ the standards at 45 CFR 162.1002 and start of each LTCH’s cost reporting In accordance with section 307(b)(1) 45 CFR 162.1102. Completed claim period, rather than to the start of the of Pub. L. 106–554 and § 412.515 of our forms are to be submitted to the LTCH’s Federal fiscal year. For cost reporting existing regulations, the LTCH PPS uses Medicare fiscal intermediary. periods that began on or after October 1, information from LTCH patient records Medicare fiscal intermediaries enter 2002 and before September 30, 2003, the to classify patient cases into distinct the clinical and demographic applicable LTCH PPS wage index is long-term care diagnosis-related groups information into their claims processing one-fifth of the full LTCH wage index (LTC–DRGs) based on clinical systems and subject this information to value, and for cost reporting periods characteristics and expected resource a series of automated screening beginning on or after October 1, 2003 needs. The LTC–DRGs used as the processes called the Medicare Code and before September 30, 2004, the patient classification component of the Editor (MCE). These screens are applicable LTCH PPS wage index is LTCH PPS correspond to the DRGs in designed to identify cases that require two-fifths of the full LTCH wage index the IPPS. We apply weights to the further review before assignment into a value. existing hospital inpatient DRGs to DRG can be made. During this process, • The LTC–DRGs and their relative account for the difference in resource the following type of cases are selected weights and the GROUPER would not use by patients exhibiting the case for further development: • be affected since they would continue to complexity and multiple medical Cases that are improperly coded. be updated effective October 1 through problems characteristic of LTCHs. (For example, diagnoses are shown that September 30 each year based on the In a departure from the IPPS, we use are inappropriate, given the sex of the changes to the DRGs published in the low volume LTC–DRGs (less than 25 patient. Code 68.6, Radical abdominal IPPS final rule. LTCH cases) in determining the LTC– hysterectomy, would be an inappropriate code for a male.) Section XII. of this proposed rule DRG weights, since LTCHs do not • contains an impact analysis that reflects typically treat the full range of Cases including surgical procedures the impact of these proposed changes. diagnoses as do acute care hospitals. In not covered under Medicare (for In summary, we are proposing to order to deal with the large number of example, organ transplant in a amend § 412.535 to indicate that low volume DRGs (all DRGs with fewer nonapproved transplant center). • Cases requiring more information. information on the unadjusted Federal than 25 cases), we group low volume (For example, ICD–9–CM codes are payment rates and a description of the DRGs into 5 quintiles based on average required to be entered at their highest methodology and data used to calculate charge per discharge. (A listing of the level of specificity. There are valid 3- the payment rates under the LTCH PPS composition of low volume quintiles digit, 4-digit, and 5-digit codes. That is, would be published in the Federal appears in the August 30, 2002 final code 136.3, Pneumocystosis, contains Register on or before June 1 prior to the rule at 67 FR 55986.) We also take into all appropriate digits, but if it is beginning of each proposed LTCH PPS account adjustments to payments for reported with either fewer or more than rate year beginning July 1. We are cases in which the stay at the LTCH is 4 digits, the claim will be rejected by the proposing that information on the DRG five-sixths of the geometric average MCE as invalid.) classification system and associated length of stay and classify these cases as • Cases with principal diagnoses that weighting factors, with the DRGs from short-stay outlier cases. (A detailed do not usually justify admission to the which the LTC–DRGs are derived, discussion of the application of the hospital. (For example, code 437.9, would be published in the proposed Lewin Group model that was used to Unspecified cerebrovascular disease. IPPS rule and, ultimately, the final rule develop the LTC–DRGs appears in the While this code is valid according to the for the IPPS (the final IPPS rule is August 30, 2002 final rule at 67 FR ICD–9–CM coding scheme, a more published on or before August 1 of each 55978.) precise code should be used for the Federal fiscal year). B. Patient Classifications into DRGs principal diagnosis.) After screening through the MCE, IV. Proposed Changes in Long-Term Generally, under the LTCH PPS, each claim will be classified into the Care Diagnosis-Related Group (LTC– Medicare payment is made at a appropriate LTC–DRG by the Medicare DRG) Classifications and Relative predetermined specific rate for each LTCH GROUPER. The LTCH GROUPER Weights discharge; that payment varies by the is specialized computer software based LTC–DRG to which a beneficiary’s stay A. Background on the same GROUPER used by the is assigned. Cases are classified into Section 123 of Pub. L. 106–113 IPPS. The GROUPER software was LTC–DRGs for payment based on the specifically requires that the PPS for developed as a means of classifying following six data elements: LTCHs be a per discharge system with (1) Principal diagnosis. each case into a DRG on the basis of a DRG-based patient classification (2) Up to eight additional diagnoses. diagnosis and procedure codes and system reflecting the differences in (3) Up to six procedures performed. other demographic information (age, patient resources and costs in LTCHs (4) Age. sex, and discharge status). Following the while maintaining budget neutrality. (5) Sex. LTC–DRG assignment, the Medicare Section 307(b)(1) of Pub. L. 106–554 (6) Discharge status of the patient. fiscal intermediary will determine the modified the requirements of section Upon the discharge of the patient prospective payment by using the 123 of Pub. L. 106–113 by specifically from a LTCH, the LTCH must assign Medicare PRICER program, which requiring that the Secretary examine appropriate diagnosis and procedure accounts for hospital-specific ‘‘the feasibility and the impact of basing codes from the ICD–9–CM. As of adjustments. As provided for under the payment under such a system [the October 16, 2002, a LTCH that was IPPS, we provide an opportunity for the

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LTCH to review the LTC–DRG definition. (For example, DRG 466, after October 1 each year. Thus, the assignments made by the fiscal Aftercare without History of Malignancy manual and electronic versions of the intermediary and to submit additional as Secondary Diagnosis, is based solely GROUPER software, which are based on information within a specified on the principal diagnosis, without the ICD–9–CM codes, are also revised timeframe (§ 412.513(c)). consideration of additional diagnoses annually and effective for discharges The GROUPER is used both to classify for DRG determination.) occurring on or after October 1 each past cases in order to measure relative In its June 2000 Report to Congress, year. As discussed earlier, the patient hospital resource consumption to MedPAC recommended that the classification system for the LTCH PPS establish the DRG weights and to Secretary ‘‘* * * improve the hospital (LTC–DRGs) is based on the IPPS classify current cases for purposes of inpatient prospective payment system patient classification system (CMS– determining payment. The records for by adopting, as soon as practicable, DRGs), which is updated annually and all Medicare hospital inpatient diagnosis-related group refinements that effective for discharges occurring on or discharges are maintained in the more fully capture differences in after October 1 through September 30 MedPAR file. The data in this file are severity of illness among patients.’’ each year. The updated DRGs and used to evaluate possible DRG (Recommendation 3A, p. 63) We have GROUPER software are based on the classification changes and to recalibrate determined it is not practical at this latest revision to the ICD–9–CM codes, the DRG weights during our annual time to develop a refinement to which are published annually in the update. DRG weights are based on data inpatient hospital DRGs based on IPPS proposed rule and final rule. The for the population of LTCH discharges, severity due to time and resource new or revised ICD–9–CM codes are not reflecting the fact that LTCH patients requirements. However, this does not used by the industry for either the IPPS represent a different patient mix than preclude us from development of a or the LTCH PPS until the beginning of patients in short-term acute care severity-adjusted DRG refinement in the the next Federal fiscal year (effective for hospitals. future. That is, a refinement to the list discharges occurring on or after October of comorbidities and complications C. Organization of DRGs 1 through September 30). (The use of could be incorporated into the existing the ICD–9–CM codes in this manner is The DRGs are organized into 25 Major DRG structure. It is also possible a more consistent with current usage and the Diagnostic Categories (MDCs), most of comprehensive severity adjusted HIPAA regulations.) October 1 is also which are based on a particular organ structure may be created if a new code when the changes to the CMS–DRGs system of the body; the remainder set is adopted. That is, if ICD–9–CM is and the next version of the GROUPER involve multiple organ systems (such as replaced by ICD–10–CM (for diagnostic software becomes effective. MDC 22, Burns). Accordingly, the coding) and ICD–10–CS (for procedure As discussed in section III. of this principal diagnosis determines MDC coding) or by other code sets, a severity proposed rule, we are proposing to assignment. Within most MDCs, cases concept may be built into the resulting make the annual update to the LTCH are then divided into surgical DRGs and DRG assignments. Of course any change PPS effective from July 1 through June medical DRGs. Surgical DRGs are to the code set would be adopted 30 each year. As a result of this change assigned based on a surgical hierarchy through the process established in the the LTCH PPS would use two that orders operating room (O.R.) HIPAA Administrative Simplification GROUPERS during the course of a 12- procedures or groups of O.R. procedures provisions. month period: one GROUPER for 3 by resource intensity. The GROUPER months (from July 1 through September D. Update of LTC–DRGs does not recognize all ICD–9–CM 30); and an updated GROUPER for 9 procedure codes as procedures that For FY 2003, the LTC–DRG patient months (from October 1 through June affect DRG assignment, that is, classification system was based on 30). The need to use two GROUPERs is procedures which are not surgical (for LTCH data from the FY 2001 MedPAR based upon the October 1 effective date example, EKG), or minor surgical file, which contained hospital bills of the updated ICD–9–CM coding procedures (for example, 86.11, Biopsy received through March 31, 2001, for system. As previously discussed, new of skin and subcutaneous tissue). hospital discharges occurring in FY ICD–9–CM codes may result in changes The medical DRGs are generally 2001. The patient classification system to the structure of the DRGs. In order for differentiated on the basis of diagnosis. consisted of 510 DRGs that formed the the industry to be on the same schedule Both medical and surgical DRGs may be basis of the FY 2003 LTCH PPS (for both the IPPS and the LTCH PPS) further differentiated based on age, sex, GROUPER. The 510 LTC–DRGs for the use of the most current ICD–9– discharge status, and presence or included two ‘‘error DRGs’’. As in the CM codes, it is necessary for us to absence of complications or IPPS, we included two error DRGs in propose to apply two GROUPER comorbidities (CC). We note that CCs which cases that cannot be assigned to programs to the LTCH PPS. Although are defined by certain secondary valid DRGs will be grouped. These two we do not believe that this will have any diagnoses not related to, or not error DRGs are DRG 469 (Principal adverse effect on LTCHs, we are inherently a part of, the disease process Diagnosis Invalid as a Discharge interested in receiving comments on identified by the principal diagnosis. Diagnosis) and DRG 470 (Ungroupable). this issue. LTCHs would continue to (For example, the GROUPER would not (See the August 1, 2001, Medicare code diagnosis and procedures using the recognize a code from the 800.0x series, Program final rule, Changes to the most current version of the ICD–9–CM Skull fracture, as a CC when combined Hospital Inpatient Prospective Payment coding system. with principal diagnosis 850.4, Systems and Rates and Costs of Currently, for Federal FY 2003, we are Concussion with prolonged loss of Graduate Medical Education; Fiscal using Version 20.0 of the GROUPER consciousness, without return to Year 2002 Rates, 66 FR 40062.) The software for both the IPPS and the LTCH preexisting conscious level.) In other 508 LTC–DRGs are the same DRGs PPS. For discharges beginning on addition, we note that the presence of used in the IPPS GROUPER for FY 2003 October 1, 2003 (Federal FY 2004), we additional diagnoses does not (Version 20.0). are proposing our intent to use Version automatically generate a CC, as not all In the health care industry, annual 21.0 of the GROUPER software for both DRGs recognize a comorbid or changes to the ICD–9–CM codes are the IPPS and the LTCH PPS. Thus, complicating condition in their effective for discharges occurring on or proposed changes to the CMS–DRGs

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(the DRGs on which the LTC–DRGs are stay or both. Diagnoses that relate to an As discussed above, the ICD–9–CM based), and their relative weights, as earlier episode of care that have no coding changes that have been adopted well as the LTC–DRGs and their relative bearing on the current hospital stay are by the C&M Committee become effective weights that would be effective for excluded. at the beginning of each Federal fiscal October 1, 2003 through September 30, • All procedures performed will be year, October 1. Regardless of the 2004, would be presented in the IPPS reported. This includes those that are proposed change to the annual update FY 2004 proposed rule that will be surgical in nature, carry a procedural of the LTCH PPS year to July 1, we are published in the spring of 2003 in the risk, carry an anesthetic risk, or require proposing that coders would use the Federal Register. Accordingly, we specialized training. most current updated ICD–9–CM coding would then notify LTCHs of any revised We provide LTCHs with a 60-day book from October 1 through September LTC–DRG relative weights based on the window after the date of the notice of 30 of each year. This would mean that final DRGs and Version 21.0 GROUPER the initial LTC–DRG assignment to coders and LTCHs that use the updated for the IPPS that would be effective request review of that assignment. ICD–9–CM coding system would be on October 1, 2003. Additional information may be the same schedule (effective October 1) as the rest of the health care industry. E. ICD–9–CM Coding System provided by the LTCH to the fiscal intermediary as part of that review. The newest version of ICD–9–CM is not 1. Uniform Hospital Discharge Data Set available for use until October 1, which (UHDDS) Definitions 2. Maintenance of the ICD–9–CM would be 4 months after the date that Coding System we are proposing to publish the LTCH Because the assignment of a case to a annual payment rate update final rule. particular LTC–DRG will help The ICD–9–CM Coordination and Maintenance (C&M) Committee is a The new codes on which the LTC–DRGs determine the amount that will be paid are based would go into effect and be for the case, it is important that the Federal interdepartmental committee, co-chaired by the National Center for available for use for discharges coding is accurate. Classifications and occurring on or after October 1 through terminology used in the LTCH PPS are Health Statistics (NCHS) and CMS, that is charged with maintaining and September 30 of each year. This annual consistent with the ICD–9–CM and the schedule of the revision to the ICD–9– UHDDS, as recommended to the updating the ICD–9–CM system. The C&M Committee is jointly responsible CM coding system and the change of the Secretary by the National Committee on ICD–9–CM coding books or electronic Vital and Health Statistics (‘‘Uniform for approving coding changes, and developing errata, addenda, and other coding programs has been in effect since Hospital Discharge Data: Minimum Data the adoption of Revision 9 of the ICD in Set, National Center for Health modifications to the ICD–9–CM to reflect newly developed procedures and 1979. Statistics, April 1980’’) and as revised in Of particular note to LTCHs will be 1984 by the Health Information Policy technologies and newly identified diseases. The C&M Committee is also the invalid diagnosis codes (Table 6C) Council (HIPC) of the U.S. Department and the invalid procedure codes (Table responsible for promoting the use of of Health and Human Services. 6D) located in the annual proposed and Federal and non-Federal educational We wish to point out that the ICD–9– final rules for the IPPS. Claims with programs and other communication CM coding terminology and the invalid codes will not be processed by techniques with a view toward definitions of principal and other the Medicare claims processing system. diagnoses of the UHDDS are consistent standardizing coding applications and with the requirements of the HIPPA upgrading the quality of the 3. Coding Rules and Use of ICD–9–CM Administrative Simplification Act of classification system. Codes in LTCHs 1996 (45 CFR Part 162). Furthermore, The NCHS has lead responsibility for We emphasize the need for proper the UHDDS has been used as a standard the ICD–9–CM diagnosis codes included coding by LTCHs. Inappropriate coding for the development of policies and in the Tabular List and Alphabetic of cases can adversely affect the programs related to hospital discharge Index for Diseases, while CMS has lead uniformity of cases in each LTC–DRG statistics by both governmental and responsibility for the ICD–9–CM and produce inappropriate weighting nongovernmental sectors for over 30 procedure codes included in the factors at recalibration. We continue to years. In addition, the following Tabular List and Alphabetic Index for urge LTCHs to focus on improved definitions (as described in the 1984 Procedures. coding practices. Because of concerns Revision of the UHDDS, approved by The C&M Committee encourages raised by LTCHs concerning correct the Secretary of Health and Human participation by health-related coding, we have asked the American Services for use starting January 1986) organizations in the above process and Hospital Association (AHA) to provide are requirements of the ICD–9–CM holds public meetings for discussion of additional clarification or instruction on coding system, and have been used as educational issues and proposed coding proper coding in the LTCH setting. The a standard for the development of the changes twice a year at the CMS Central AHA will provide this instruction via CMS–DRGs: Office located in Baltimore, Maryland. their established process of addressing • Diagnoses include all diagnoses that The agenda and dates of the meetings questions through their publication affect the current hospital stay. can be accessed on the CMS Web site at: ‘‘Coding Clinic for ICD–9–CM’’. Written • Principal diagnosis is defined as the http://www.cms.gov/paymentsystems/ questions or requests for clarification condition established after study to be icd9. may be addressed to the Central Office chiefly responsible for occasioning the All changes to the ICD–9–CM coding on ICD–9–CM, American Hospital admission of the patient to the hospital system affecting DRG assignment are Association, One North Franklin, for care. addressed annually in the IPPS Chicago, IL 60606. A form for the • Other diagnoses (also called proposed and final rules. Because the question(s) is available to be secondary diagnoses or additional DRG-based patient classification system downloaded and mailed on AHA’s Web diagnoses) are defined as all conditions for the LTCH PPS is based on the IPPS site at: http://www.ahacentraloffice.org. that coexist at the time of admission, DRGs, these changes will also affect the In addition, current coding guidelines that develop subsequently, or that affect LTCH PPS LTC–DRG patient are available at the National Center for the treatment received or the length of classification system. Health Statistics (NCHS) Web site:

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http://www.cdc.gov/nchs.icd9.htm. provide guidance on an as-needed basis. measuring average charges. Specifically, In conjunction with the cooperating We also refer readers to the detailed we reduce the impact of the variation in parties of the C&M Committee (AHA, discussion on correct coding practices charges across providers on any AHIMA, and NCHS), we have reviewed in the August 30, 2002 final rule (67 FR particular LTC–DRG relative weight by actual medical records and are 55979–55981). converting each LTCH’s charge for a concerned about the quality of the case to a relative value based on that F. Proposed Changes to the Method for documentation under the LTCH PPS, as LTCH’s average charge. (See the August Updating the LTC–DRG Relative was the case at the beginning of the 30, 2002 final rule (67 FR 55985) for Weights IPPS. We fully believe that, with further information of the hospital- experience, the quality of the As previously discussed, under the specific relative value methodology.) documentation and coding will LTCH PPS, each LTCH will receive a In order to account for LTC–DRGs improve, just as it did for the IPPS. As payment that represents an appropriate with low volume (that is, with fewer noted above, the cooperating parties amount for the efficient delivery of care than 25 LTCH cases), we grouped those have plans to assist their members with to Medicare patients. The system must low volume LTC–DRGs into one of five improvement in documentation and be able to account adequately for each categories (quintiles) based on average coding issues for the LTCHs through LTCH’s case-mix in order to ensure both charges, for the purposes of determining specific questions and coding fair distribution of Medicare payments relative weights. For FY 2003 based on guidelines. The importance of good and access to adequate care for those the FY 2001 MedPAR data, we documentation is emphasized in the Medicare patients whose care is more identified 161 LTC–DRGs that contained revised ICD–9–CM Official Guidelines costly. Therefore, in accordance with between 1 and 24 cases. This list of low for Coding and Reporting (October 1, § 412.523(c), we adjust the standard volume LTC–DRGs was then divided 2002): ‘‘A joint effort between the Federal PPS rate by the LTC–DRG into one of the five low volume attending physician and coder is relative weights in determining payment quintiles, each containing a minimum of essential to achieve complete and to LTCHs for each case. 32 LTC–DRGs (161/5 = 32 with 1 LTC– accurate documentation, code Under this payment system, relative DRG as a remainder). Each of the low assignment, and reporting of diagnoses weights for each LTC–DRG are a volume LTC–DRGs grouped to a specific and procedures. The importance of primary element used to account for the quintile received the same relative consistent, complete documentation in variations in cost per discharge and weight and average length of stay using the medical record cannot be resource utilization among the payment the formula applied to the regular LTC– overemphasized. Without such groups (§ 412.515). To ensure that DRGs (25 or more cases), as described documentation, the application of all Medicare patients who are classified to below. (See the August 30, 2002 final coding guidelines is a difficult, if not each LTC–DRG have access to an rule (67 FR 55985–55988) for further impossible, task. (Coding Clinic for appropriate level of services and to explanation of the development and ICD–9–CM, Fourth Quarter 2002, page encourage efficiency, we calculate a composition of each of the five low 115) relative weight for each LTC–DRG that volume quintiles for FY 2003.) To improve medical record represents the resources needed by an After grouping the cases in the documentation, LTCHs should be aware average inpatient LTCH case in that appropriate LTC–DRG, we calculate the that if the patient is being admitted for LTC–DRG. For example, cases in a LTC– relative weights by first removing continuation of treatment of an acute or DRG with a relative weight of 2 will, on statistical outliers and cases with a chronic condition, guidelines at Section average, cost twice as much as cases in length of stay of 7 days or less. Next, we I.B.10 of the Coding Clinic for ICD–9– a LTC–DRG with a weight of 1. adjust the number of cases in each LTC– CM, Fourth Quarter 2002 (page 129) are As we discussed in the August 30, DRG for the effect of short-stay outlier applicable concerning selection of 2002 final rule (67 FR 55984–55995), cases under § 412.529. The short-stay principal diagnosis. To clarify coding the LTC–DRG relative weights effective adjusted discharges and corresponding advice issued in the August 30, 2002 under the LTCH PPS for Federal FY charges were used to calculate ‘‘relative final rule (67 FR 55979–55981), we 2003 were calculated using the March adjusted weights’’ in each LTC–DRG would like to point out that, at 2002 update of FY 2001 MedPAR data using the hospital-specific relative value Guideline I.B.12, Late Effects, a late and Version 20.0 of the CMS GROUPER method described above. (See the effect is considered to be the residual software. We use total days and total August 30, 2002 final rule (67 FR effect (condition produced) after the charges in the calculation of the LTC– 55989–55995) for further details on the acute phase of an illness or injury has DRG relative weights. steps for calculating the LTC–DRG terminated (Coding Clinic for ICD–9– By nature, LTCHs often specialize in relative weights.) CM, Fourth Quarter 2002, page 129). We certain areas, such as ventilator- We also adjust the LTC–DRG relative have received question regarding dependent patients and rehabilitation weights to account for whether a LTCH should report the ICD– and wound care. Some case types nonmonotonically increasing relative 9–CM code(s) for an unresolved acute (DRGs) may be treated, to a large extent, weights. That is, we make an adjustment condition instead of the code(s) for late in hospitals that have, from a if cases classified to the LTC–DRG ‘‘with effect or rehabilitation. Depending on perspective of charges, relatively high comorbidities (CCs)’’ of a ‘‘with CC’’/ the documentation in the medical (or low) charges. Such distribution of ‘‘without CC’’ pair had a lower average record, either code could be appropriate cases with relatively high (or low) charge than the corresponding LTC– in a LTCH. Since implementation of the charges in specific LTC–DRGs has the DRG ‘‘without CCs’’ by assigning the LTCH PPS, our Medicare fiscal potential to inappropriately distort the same weight to both LTC–DRGs in the intermediaries have been conducting measure of average charges. To account ‘‘with CC’’/‘‘without CC’’ pair. (See training and providing assistance to for the fact that cases may not be August 30, 2002, 67 FR 55990–55991). LTCHs in correct coding. We have also randomly distributed across LTCHs, we In addition, of the 510 LTC–DRGs in the issued manuals containing procedures use a hospital-specific relative value LTCH PPS for FY 2003, based on the FY as well as coding instructions to LTCHs method to calculate relative weights. We 2001 MedPAR data, we identified 159 and fiscal intermediaries. We will believe this method removes this LTC–DRGs for which there were no continue to conduct such training and hospital-specific source of bias in LTCH cases in the database. That is, no

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patients who would have been classified preamble, we are proposing that the fiscal year 1996.’’ Section 1886(b)(3)(H) to those DRGs were treated in LTCHs final DRGs and GROUPER for FY 2004 of the Act, as amended by section 121 during FY 2001 and, therefore, no that would be used for the IPPS and the of Pub. L. 106–113, directed the charge data were reported for those LTCH PPS, effective October 1, 2003, Secretary to provide for an appropriate DRGs. Thus, in the process of would be presented in the IPPS FY 2004 wage adjustment to the caps on the determining the relative weights of final rule published no later than target amounts for psychiatric and LTC–DRGs, we were unable to August 1, 2003 in the Federal Register. rehabilitation hospitals and units and determine weights for these 159 LTC– Accordingly, we would notify LTCHs LTCHs effective for cost reporting DRGs using the method described of the revised LTC–DRG relative weights periods beginning on or after October 1, above. However, since patients with a for use in determining payments for 1999 through September 30, 2002. In number of the diagnoses under these discharges occurring between October 1, addition, payment limits were LTC–DRGs may be treated at LTCHs 2003 and September 30, 2004, based on established for new excluded hospitals beginning in FY 2003, we assigned the final DRGs and Version 21.0 or units (excluding children’s hospitals) relative weights to each of the 159 ‘‘no GROUPER published in the IPPS rule on effective October 1, 1997. For new volume’’ LTC–DRGs based on clinical or before August 1, 2003. excluded hospitals (that is, post-1997 similarity and relative costliness to one LTCHs), section 1886(b)(7) of the Act, as ¥ V. Proposed Policy Change Related to of the remaining 351 (510 159 = 351) Payments to LTCHs That Are Satellite added by section 4416 of Pub. L. 105– LTC–DRGs for which we were able to Facilities 33, specified that the payment amount determine relative weights, based on the for the facility’s first two 12-month cost FY 2001 claims data. (A list of the no In the March 22, 2002 proposed rule reporting periods, for which the hospital volume LTC–DRGs and further related to the establishment of the LTCH has a settled cost report, must not explanation of their relative weight PPS (67 FR 13416), we stated that we exceed 110 percent of the national were considering proposing the assignment can be found in the August median of target amounts of similarly elimination of the bed limit in 30, 2002 final rule (67 FR 55991– classified hospitals for cost reporting § 412.22(h)(2)(i) for pre-1997 excluded 55994).) periods ending during FY 1996, updated hospitals once the applicable Furthermore, we establish LTC–DRG by the hospital market basket increase prospective payment system was fully relative weights of 0.0000 for heart, percentage to the first cost reporting phased in and all payments were based kidney, liver, lung, pancreas, and period in which the hospital receives on 100 percent of the Federal simultaneous pancreas/kidney payment, as adjusted by section prospective payment rates. This transplants (LTC–DRGs 103, 302, 480, 1886(b)(7)(C) of the Act. The result of statement generated a number of 495, 512 and 513, respectively) because section 4414 and 4416 of Pub. L. 105– Medicare will only cover these comments and in the August 30, 2002 final rule (67 FR 56012), we stated our 33 was a distinction between the LTCHs procedures if they are performed at a established prior to and those hospital that has been certified for the agreement with commenters who urged us to adopt a policy eliminating the bed- established after 1997 with lower specific procedures by Medicare and payment caps for the post-1997 LTCHs. presently no LTCH has been so certified. number restrictions for pre-1997 LTCHs If in the future, however, a LTCH with satellite facilities, as soon as a In the July 30, 1999 final rule for the applies for certification as a Medicare- LTCH elected to be paid based on 100 IPPS (64 FR 41532–41533), we approved transplant center, we believe percent of the Federal prospective rate. promulgated regulations at that the application and approval However, we also noted that we would § 412.22(h)(2)(i) to discourage pre-1997 procedure would allow sufficient time address a change in the policy excluded hospitals, which had the for us to propose appropriate weights concerning bed limits in the next update higher caps on target amounts as for the LTC–DRGs effected. At the of the LTCH PPS. Therefore, we are now discussed above (under present time, though, we only include proposing to eliminate the application § 413.40(c)(4)(iii), which implemented these six transplant LTC–DRGs in the of the bed-number restrictions set forth section 4414 of Pub. L. 105–33), from GROUPER program for administrative in § 412.22(h)(i) for LTCHs established creating satellite arrangements rather purposes because since the LTCH PPS prior to 1997 with satellite facilities, than establishing new hospitals, in uses the same GROUPER program for effective at the start of the first cost order to avoid the payment impact of LTCHs as is used under the IPPS, reporting year that the LTCH is paid the lower caps that apply to new removing these DRGs would be under the 100 percent fully Federal hospitals (under § 413.40(f)(2)(ii) which administratively burdensome. prospective payment system. This implemented section 4416 of Pub. L. As we stated previously, we are would be either when the LTCH elects 105–33). Under the July 30, 1999 acute proposing that we would continue to to be paid based on 100 percent of the care hospital inpatient final rule (64 FR use the same LTC–DRGs and relative Federal prospective rate or when the 41490), in order to address this weights until October 1, 2003. LTCH is transitioned to 100 percent of possibility of gaming if a pre-1997 Accordingly, Table 3 in the Addendum the Federal prospective rate, whichever excluded hospital, such as a LTCH, to this proposed rule lists the LTC– comes first. established a satellite facility and, in DRGs and their respective relative Presently, section 1886(b)(3) of the doing so, its total beds, in both the weights and arithmetic mean length of Act, as amended by section 4414 of Pub. parent hospital (or unit) and the satellite stay that we are proposing would L. 105–33, requires existing LTCHs to be facility, exceeded the number of State- continue to be used for the period of subject to caps on their target amounts licensed and Medicare-certified beds in July 1, 2003 through September 30, for cost reporting periods beginning on the parent hospital on the last day of its 2003. (This table is the same as Table 3 or after October 1, 1997 through last cost reporting period beginning of the Addendum to the August 30, September 30, 2002. For purposes of before October 1, 1997, the excluded 2002 final rule (67 FR 56076–56084), calculating these caps, the statute hospital would be paid under the except that it includes the proposed required the Secretary to ‘‘estimate the inpatient DRG system instead of five-sixth of the average length of stay 75th percentile of the target amounts for receiving payment as an excluded for short-stay outliers under § 412.529. such hospitals within [each] class for hospital under the TEFRA payment As we noted in section IV.D. of this cost reporting periods ending during system. Although the excluded hospital

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could ‘‘transfer’’ bed capacity from the Federal rate (see § 412.533). New LTCHs standard Federal rate of $34,956.15 for parent facility to the satellite, it could (as defined at § 412.23(e)(4)) are paid FY 2003. Based on the most recent not increase its total bed capacity based on 100 percent of the Federal rate, estimate of the excluded hospital with beyond the level it had in the most with no phase-in transition payments. capital market basket, adjusted to recent cost reporting period beginning The basic methodology for account for the proposed change in the before October 1, 1997, and still be paid determining LTCH PPS Federal rate year update cycle for the LTCH PPS as a hospital excluded from the IPPS. prospective payment rates is set forth in rates discussed in section III. of this However, no such limitation was our regulations at §§ 412.521 through proposed rule, the proposed LTCH PPS imposed on a LTCH (or other excluded 412.529. Below we discuss the factors standard Federal rate, effective from facility) established after October 1, that we are proposing to use to update July 1, 2003 through June 30, 2004, 1997 because it would have already the LTCH PPS standard Federal rate for would be $35,726.64 (as discussed been subject to the lower payment limits the proposed 2004 LTCH PPS rate year, below). under § 413.40(f)(2)(ii) of 110 percent of which would be effective for LTCHs In the discussion that follows, we the national median of target amounts paid under the PPS for discharges explain how we developed the proposed for similarly classified hospitals. occurring on or after July 1, 2003 update to the standard Federal rate. The Therefore, it would not benefit from the through June 30, 2004. proposed Federal rate for the proposed higher 75 percent cap on target amounts In the August 30, 2002 final rule (67 2004 LTCH PPS rate year is calculated under § 413.40(c)(4) by establishing a FR 56029–56031), for cost reporting based on the proposed update factor of satellite facility, as would a pre-1997 periods beginning on or after October 1, 1.0250. Thus, the proposed standard LTCH. 2002 (FY 2003), we computed the LTCH Federal rate for the proposed 2004 The rationale for the bed-limit PPS standard Federal payment rate by LTCH PPS rate year would increase 2.2 provision based on the distinction updating the best available (FY 1998 or percent compared to the FY 2003 between these groups of hospitals was FY 1999) Medicare inpatient operating standard Federal rate. the potential for gaming, by creating a and capital costs per case data, using the excluded hospital market basket. 1. Proposed Standard Federal Rate satellite facility with a higher TEFRA Update target cap where, in reality, the satellite Section 123(a)(1) of Pub. L. 106–113 facility should have been a separately requires that the PPS developed for In the August 30, 2002 final rule, we certified excluded facility, which would LTCHs be budget neutral. Therefore, in established in § 412.523 that, for years have been subject to the lower cap on calculating the standard Federal rate for after FY 2003, the annual update to the LTCH PPS standard Federal rate will be payments to new (post-1997) facilities FY 2003 under § 412.523(d)(2), we set equal to the percentage change in the paid under the TEFRA system. Once the total estimated PPS payments equal to excluded hospital with capital market LTCH is paid based on 100 percent of estimated payments that would have been made under the TEFRA basket (described in further detail the Federal prospective rate, however, methodology if the PPS for LTCHs were below). As we discussed in the August the LTCH will no longer be subject to not implemented. Section 307(a) of Pub. 30, 2002 final rule (67 FR 56087), in the TEFRA caps and LTCH prospective L. 106–554 specified that the increases future we may propose to develop a payments will be the same regardless of to the hospital-specific target amounts framework to update payments to when the LTCH was established. and cap on the target amounts for LTCHs that would account for other Therefore, we are proposing to eliminate LTCHs for FY 2002 provided for by appropriate factors that affect the the bed-limit provision once the LTCH section 307(a)(1) of Pub. L. 106–554 efficient delivery of services and care is paid based on 100 percent of the shall not be taken into account in the provided to Medicare patients. Because LTCH Federal PPS rate. Finally, under development and implementation of the the LTCH PPS has only been this proposed policy, the bed limitation LTCH PPS. In addition, the statute implemented for cost reporting periods on ‘‘existing’’ LTCHs would, however, provides for enhanced bonus payments beginning on or after October 1, 2002, continue to apply to those LTCHs while for LTCHs for FY 2001 and FY 2002 we have not yet collected sufficient data they are paid based on the transition provided for by section 122 of Pub. L. to allow for the analysis and blend, and, therefore, continue to 106–113. Furthermore, as specified at development of an update framework receive a percentage of their payments § 412.523(d)(1), the standard Federal under the LTCH PPS. Therefore, at this based on the TEFRA payment rules, rate is reduced by an adjustment factor time, we are not proposing an update until they transition to a rate based on to account for the estimated proportion framework for the LTCH PPS. However, 100 percent of the Federal prospective of outlier payments under the LTCH a conceptual basis for the proposal of payment rate. PPS to total LTCH PPS payments (8 developing an update framework in the VI. Proposed Changes to the LTCH PPS percent). For further details on the future can be found in Appendix B of Rates for the Proposed 2004 LTCH PPS development of the FY 2003 standard the August 30, 2002 final rule (67 FR Rate Year Federal rate, see the August 30, 2002 56086–56090). final rule (67 FR 56027–56037). Under A. Overview of the Development of the a. Description of the Proposed Market the existing regulations at Proposed Payment Rates Basket for LTCHs for the Proposed 2004 § 412.523(c)(3)(ii) for fiscal years after LTCH PPS Rate Year The PPS for LTCHs was effective for FY 2003, we update the standard cost reporting periods beginning on or Federal rate annually to adjust for the A market basket has historically been after October 1, 2002. Effective with that most recent estimate of the projected used in the Medicare program to cost reporting period, LTCHs are paid, increases in prices for LTCH inpatient account for price increases of the during a 5-year transition period, on the hospital services. services furnished by providers. The basis of an increasing proportion of the market basket used for the LTCH PPS LTCH PPS Federal rate and a decreasing B. Proposed Update to the Standard includes both operating and capital- proportion of a hospital’s payment Federal Rate for the Proposed 2004 related costs of LTCHs because the under TEFRA, unless the hospital LTCH PPS Rate Year LTCH PPS uses a single payment rate makes a one-time election to receive In the August 30, 2002 final rule (67 for both operating and capital-related payment based on 100 percent of the FR 56033), we established a LTCH PPS costs. The development of the LTCH

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PPS standard Federal rate is discussed basket based on the most recent basket, the sum of the operating and in further detail in the August 30, 2002 complete data available (FY 1997) since capital weights must still equal 100.0. final rule (67 FR 56027–56037). these data would more accurately reflect Based on FY 1997 Medicare cost reports Under the reasonable cost-based LTCH current costs. This proposed for excluded hospitals, the capital cost TEFRA reimbursement system, the rebasing of the LTCH PPS market basket weight would be 8.968 percent. Because excluded hospital market basket was from an FY 1992 base year to a FY 1997 capital costs would account for 8.968 used to update the hospital-specific base year is consistent with the rebasing percent of total costs for excluded limits on payment for operating costs of of both the IPPS and the excluded hospitals in FY 1997, operating costs LTCHs. The excluded hospital market hospital market basket used under the must, therefore, account for 91.032 basket is based on operating costs from TEFRA payment system for FY 2003, as percent (100 percent¥8.968 percent). FY 1992 cost report data and includes discussed in the August 1, 2002 IPPS Each operating cost category weight in Medicare-participating long-term care, final rule (67 FR 50032–50047). the FY 1997-based excluded hospital rehabilitation, psychiatric, cancer, and The operating portion of the proposed market basket from the August 1, 2002 children’s hospitals. Since LTCHs’ costs FY 1997-based excluded hospital with IPPS final rule (67 FR 50442–50444) are included in the excluded hospital capital market basket that we are was multiplied by 0.91032 to determine market basket, this market basket index, proposing to use under the LTCH PPS its weight in the FY 1997-based in part, also reflects the costs of LTCHs. is derived from the FY 1997-based excluded hospital with capital market However, in order to capture the total excluded hospital market basket used basket. costs (operating and capital-related) of under the TEFRA payment system. The The aggregate capital component of LTCHs, we added a capital component methodology we proposed to use to the proposed FY 1997-based excluded to the excluded hospital market basket develop the proposed operating portion hospital market basket (8.968 percent) for use under the LTCH PPS. We refer of the market basket under the LTCH was determined from the same set of to this index as the excluded hospital PPS is the same methodology used to Medicare cost reports used to derive the with capital market basket. describe the rebasing of the excluded operating component. The detailed Beginning with the implementation of hospital market basket used under the capital cost categories of depreciation, the LTCH PPS in FY 2003, the excluded TEFRA payment system, which is interest, and other capital expenses hospital with capital market basket described in greater detail in the August were also determined using the based on FY 1992 Medicare cost report 1, 2002 IPPS final rule (67 FR 50042– Medicare cost reports. We needed to data has been used for updating 50044). In brief, the operating cost determine two sets of weights for the payments to LTCHs. The FY 1992-based category weights in the FY 1997-based capital portion of the proposed revised market basket reflected the distribution excluded market basket added to 100.0. and rebased market basket. The first set of costs in FY 1992 for Medicare- These weights were determined from FY of weights identifies the proportion of participating freestanding rehabilitation, 1997 Medicare cost report data, the 1997 capital expenditures attributable to each long-term care, psychiatric, cancer, and Business Expenditure Survey, and the capital cost category; the second set children’s hospitals. This information 1997 Annual Input-Output data from represents relative vintage weights for was derived from the FY 1992 Medicare the Bureau of the Census. In this depreciation and interest. The vintage cost reports. A full discussion of the proposed rule, in applying the proposed weights identify the proportion of methodology and data sources used to FY 1997-based market basket we are capital expenditures that is attributable construct the FY 1992-based excluded proposing to make the same two to each year over the useful life of hospital with capital market basket is methodological revisions that we capital assets within a cost category (See included in Appendix A of the August established when we rebased the 67 FR 50046–50047, August 1, 2002, for 30, 2001 final rule (67 FR 56085–56086). hospital inpatient market basket and the a discussion of how vintage weights are In this proposed rule, we are proposing excluded hospital market basket in the determined). to revise and rebase the excluded August 1, 2002 IPPS final rule: (1) The cost categories, price proxies, and hospital with capital market basket, Changing the wage and benefit price base-year FY 1992 and proposed FY based on more recent data, to an FY proxies to use the Employment Cost 1997 weights for the proposed excluded 1997 base year for application beginning Index (ECI) wage and benefit data for hospital with capital market basket are with the proposed 2004 LTCH PPS rate hospital workers; and (2) adding a cost presented below in Table I. The vintage year. category for blood and blood products. weights for the proposed FY 1997-based We believe it is appropriate to When we add the weight for capital excluded hospital with capital market propose to rebase the LTCH PPS market costs to the excluded hospital market basket are presented in Table II.

TABLE I.—PROPOSED EXCLUDED HOSPITAL WITH CAPITAL INPUT PRICE INDEX (FY 1992-BASED AND PROPOSED FY 1997-BASED) STRUCTURE AND WEIGHTS

Proposed Weights (%), weights (%) Cost category Price/wage variable base-year FY base-year FY 1992 12 1997 12

Total ...... 100.000 100.000 Compensation ...... 57.935 57.579 Wages and Salaries ...... ECI—Wages and Salaries, Civilian Hospital Workers ...... 47.417 47.335 Employee Benefits ...... ECI—Benefits, Civilian Hospital Workers to Capture Total 10.519 10.244 Costs. Professional fees: Non-Medical ...... ECI—Compensation: Professional & Technical ...... 1.908 4.423 Utilities ...... 1.524 1.180 Electricity ...... PPI—Commercial Electric Power ...... 0.916 0.726 Fuel Oil, Coal, etc ...... PPI—Commercial Natural Gas ...... 0.365 0.248 Water and Sewerage ...... CPI–U—Water & Sewerage Maintenance ...... 0.243 0.206

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TABLE I.—PROPOSED EXCLUDED HOSPITAL WITH CAPITAL INPUT PRICE INDEX (FY 1992-BASED AND PROPOSED FY 1997-BASED) STRUCTURE AND WEIGHTS—Continued

Proposed Weights (%), weights (%) Cost category Price/wage variable base-year FY base-year FY 1992 12 1997 12

Professional Liability Insurance ...... CMS—Professional Liability Insurance Premiums Index ...... 0.983 0.733 All Other Products and Services ...... 28.571 27.117 All Other Products ...... 22.027 17.914 Pharmaceuticals ...... PPI—Ethical (Prescription) Drugs ...... 2.791 6.318 Food: Direct Purchase ...... PPI—Processed Foods and Feeds ...... 2.155 1.122 Food: Contract Service ...... CPI–U—Food Away from Home ...... 0.998 1.043 Chemicals ...... PPI—Industrial Chemicals ...... 3.413 2.133 Blood and Blood Products ...... PPI—Blood and Blood Derivatives, Human Use ...... 0.748 Medical Instruments ...... PPI—Medical Instruments & Equipment ...... 2.868 1.795 Photographic Supplies ...... PPI—Photographic Supplies ...... 0.364 0.167 Rubber and Plastics ...... PPI—Rubber & Plastic Products ...... 4.423 1.366 Paper Products ...... PPI—Converted Paper and Paperboard Products ...... 1.984 1.110 Apparel ...... PPI—Apparel ...... 0.809 0.478 Machinery and Equipment ...... PPI—Machinery & Equipment ...... 0.193 0.852 Miscellaneous Products ...... PPI—Finished Goods Less Food and Energy ...... 2.029 0.783 All Other Services ...... 6.544 9.203 Telephone ...... CPI–U—Telephone Services ...... 0.574 0.348 Postage ...... CPI–U—Postage ...... 0.268 0.702 All Other: Labor Intensive ...... ECI—Compensation for Private Service Occupations ...... 4.945 4.453 All Other: Non-Labor Intensive ...... CPI–U—All Items ...... 0.757 3.700 Capital-Related Costs ...... 9.080 8.968 Depreciation ...... 5.611 5.586 Building & Fixed Equipment ...... Boeckh-Institutional Construct. Index—Vintage Weighted 3.570 3.503 (23 years). Movable Equipment ...... PPI—Machinery & Equipment—Vintage Weighted (11 2.041 2.083 Years). Interest Costs ...... 3.212 2.682 Government/ Nonprofit...... Yield on Domestic Municipal Bonds (Bond Buyer 20 2.730 2.280 Bonds)—Vintage Weighted (23 years). For-profit ...... Yield on Moody’s Aaa Bonds—Vintage Weighted (23 0.482 0.402 Years). Other Capital-Related Costs ...... CPI–U—Residential Rent ...... 0.257 0.699 1 The operating cost category weights in the excluded hospital market basket described in the August 1, 2002 final rule (67 FR 50042–50044) add to 100.0. When we add an additional set of cost category weights (total capital weight = 8.968 percent) to this original group, the sum of the weights in the new index must still add to 100.0. Capital costs account for 8.968 percent of the market basket; operating costs account for 91.032 percent. Each weight in the FY 1997-based excluded hospital market basket from the August 1, 2002 final rule (67 FR 50042–50044) was multiplied by 0.91032 to determine its weight in the proposed FY 1997-based excluded hospital with capital market basket. 2 Weights may not sum to 100.0 due to rounding.

TABLE II.—PROPOSED EXCLUDED HOSPITAL WITH CAPITAL INPUT PRICE INDEX (FY 1997) VINTAGE WEIGHTS

Building Interest: and fixed Movable capital-re- Year (from farthest to most recent) * equipment equipment lated (23- (23-year (11-year year weights) * weights) * weights) *

1 ...... 0.018 0.063 0.007 2 ...... 0.021 0.068 0.009 3 ...... 0.023 0.074 0.011 4 ...... 0.025 0.080 0.012 5 ...... 0.026 0.085 0.014 6 ...... 0.028 0.091 0.016 7 ...... 0.030 0.096 0.019 8 ...... 0.032 0.101 0.022 9 ...... 0.035 0.108 0.026 10 ...... 0.039 0.114 0.030 11 ...... 0.042 0.119 0.035 12 ...... 0.044 ...... 0.039 13 ...... 0.047 ...... 0.045 14 ...... 0.049 ...... 0.049 15 ...... 0.051 ...... 0.053 16 ...... 0.053 ...... 0.059 17 ...... 0.057 ...... 0.065 18 ...... 0.060 ...... 0.072 19 ...... 0.062 ...... 0.077 20 ...... 0.063 ...... 0.081 21 ...... 0.065 ...... 0.085

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TABLE II.—PROPOSED EXCLUDED HOSPITAL WITH CAPITAL INPUT PRICE INDEX (FY 1997) VINTAGE WEIGHTS— Continued

Building Interest: and fixed Movable capital-re- Year (from farthest to most recent) * equipment equipment lated (23- (23-year (11-year year weights) * weights) * weights) *

22 ...... 0.064 ...... 0.087 23 ...... 0.065 ...... 0.090

Total ...... 1.0000 1.0000 1.0000 * Weights may not sum to 1.000 due to rounding.

Table III. compares the FY 1992-based sources on cost, expenditure, and price b. Proposed LTCH Market Basket excluded hospital with capital market information specific to LTCHs. Based on Increase for the Proposed 2004 LTCH basket to the proposed FY 1997-based this research (as discussed below), at PPS Rate Year excluded hospital with capital market this time we are not proposing to As stated earlier, for LTCHs paid basket. As shown in the table, the develop a market basket specific to under the LTCH PPS, we are proposing proposed rebased and revised market LTCH services. that the 2004 rate year update would basket grows slightly faster over the FY Our analysis of the Medicare cost apply to discharges occurring from July 1999–2001 period than the FY 1992- reports indicates that the distribution of 1, 2003 through June 30, 2004. Because based market basket. The major reason costs among major cost report categories we are proposing to change the for this was the switching of the wage (wages, pharmaceuticals, capital) for timeframe of the standard Federal rate and benefit proxy to the ECI for hospital LTCHs is not substantially different annual update, we needed to calculate workers from the previous occupational from the proposed 1997-based excluded an update factor that would reflect this blend. This revision had a similar hospital with capital market basket proposed change in the update cycle. impact on the IPPS and excluded presented in this proposed rule. Data on Presently, the current rate cycle is market baskets, as described in the other major cost categories (benefits, October 1, 2002 through September 30, August 1, 2002 final rule (67 FR 50043– blood, contract labor) that we would 2003. This means that the standard 50047). like to analyze were excluded by many Federal rate ($34.956.15; see the August LTCHs in their Medicare cost reports. 30, 2002 final rule, 67 FR 56033) was TABLE III.—PERCENT CHANGES IN THE An analysis based on only the data determined based on the market basket FY 1992–BASED AND PROPOSED available to us for these cost categories increase through September 30, 2003. FY 1997–BASED EXCLUDED HOS- presented a potential problem since no Since we are proposing to change the PITAL WITH CAPITAL MARKET BAS- other major cost category weight would rate update cycle and, therefore, update KETS, FYS 1999–2004 be based on LTCH data. the standard Federal rate 3 months We conducted a sensitivity analysis of earlier (that is, July 1, 2003 instead of Percentage change annual percent changes in the market October 1, 2003), we need to propose an adjustment to the projected full (12- Proposed basket when the weights for wages, FY 1992- rebased FY pharmaceuticals, and capital in LTCHs month) market basket increase to Fiscal year (FY) based ex- eliminate the projected increase for the cluded hos- 1997-based were substituted into the excluded pital market excluded hospital with capital market basket. 3-month overlapping period (July 1, market 2003 through September 30, 2003). basket basket Other cost categories were recalibrated using ratios available from the IPPS Thus, we needed to account for the 1999 ...... 2.3 2.7 market basket. On average between FY fact that the FY 2003 standard Federal 2000 ...... 3.4 3.1 1995 and FY 2002, the proposed rate of $34,956.15 already includes an 2001 ...... 3.9 4.0 excluded hospital with capital market update for the 3-month period from July Average histor- basket shows increases at nearly the 1, 2003 through September 30, 2003. In ical ...... 3.2 3.3 same average annual rate (2.9 percent) the absence of this proposed change, the 2002 ...... 2.8 3.7 as the market basket with LTCH weights 2003 ...... 2.8 3.1 update for FY 2004 would have been 2004 ...... 3.0 3.3 for wages, pharmaceuticals, and capital calculated using the estimated increase Average forecast 2.9 3.3 (2.8 percent). This difference is less than between FY 2003 and FY 2004. For the the 0.25 percentage point criterion that proposed update for the proposed 2004 In the August 30, 2002 LTCH PPS determines whether a forecast error LTCH PPS rate year, we calculated the final rule (67 FR 56016 and 56085– adjustment is warranted under the IPPS estimated increase between FY 2003 56086), we discussed why we believe update framework. and the proposed 2004 LTCH PPS rate the excluded hospital with capital We believe that an excluded hospital year. Based on the fourth quarter 2002 market basket provides a reasonable with capital market basket adequately forecast of the proposed rebased FY measure of the price changes facing reflects the price changes facing LTCHs. 1997-based excluded hospital with LTCHs. However, we have been We will continue to solicit comments capital market basket, this calculation researching the feasibility of developing about issues particular to LTCHs that results in an increase that is 0.8 a market basket specific to LTCH should be considered in relation to the percentage points less than it would services. This research has included proposed FY 1997-based excluded have been if the proposed change in the analyzing data sources for cost category hospital with capital market basket and LTCH PPS rate cycle would not be weights, specifically the Medicare cost to encourage suggestions for additional made. The projected market basket reports, and investigating other data data sources that may be available. increase for this 3-month period (0.8

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percent) was already included in the FY adjust the standard Federal rate by a one-time election to receive payment 2003 standard Federal rate and, factor of 0.997 (($1.960 billion—$5.66 based on 100 percent of the Federal rate. therefore, needs to be deducted from the million)/$1.960 billion) or ¥0.003. A LTCH defined as ‘‘new’’ under projected market basket increase for the Also, we propose to revise this § 412.23(e)(4) is paid based on 100 12-month period of July 1, 2003 through adjustment factor in the final rule based percent of the Federal rate with no June 30, 2004 (3.3 percent) in order to on the best available data. blended transition payments account for the proposed change in the Therefore, we are proposing to update (§ 412.533(d)). As discussed in the update cycle. the current standard Federal rate August 30, 2002 final rule and in Consistent with our historical practice ($34,956.15) established in the August accordance with § 412.533(a), the of estimating market basket increases, 30, 2002 final rule (67 FR 56033) by 2.2 applicable transition blends are as based on Global Insights’ (formerly DRI- percent (2.5 percent minus 0.3 percent) follows: WEFA) fourth quarter 2002 forecast of for discharges paid under the LTCH PPS the proposed rebased FY 1997-based that occur on or after July 1, 2003 Cost reporting peri- Federal TEFRA through June 30, 2004. This proposed ods beginning on rate rate excluded hospital with capital market or after percentage percentage basket, we are proposing an update of update represents the most recent 2.5 percent, as shown in Table IV. estimate of the increase in the excluded Oct. 1, 2002 ...... 20 80 below. hospital with capital market basket for Oct. 1, 2003 ...... 40 60 the proposed 2004 LTCH PPS rate year, Oct. 1, 2004 ...... 60 40 TABLE IV.—CALCULATION OF PRO- adjusted by the above described factor Oct. 1, 2005 ...... 80 20 Oct. 1, 2006 ...... 100 0 POSED MARKET BASKET INCREASE to transition to the proposed change in the rate update cycle to July 1, and is FOR THE PROPOSED 2004 LTCH based on the best available data for 194 Accordingly, for cost reporting PROSPECTIVE PAYMENT SYSTEM LTCHs. periods beginning during FY 2003 (that RATE YEAR is, on or after October 1, 2002, and 2. Proposed Standard Federal Rate for before September 30, 2003), blended Percent the Proposed 2004 LTCH PPS Rate Year payments under the transition In the August 30, 2002 LTCH PPS methodology are based on 80 percent of Proposed 2004 rate year full mar- ket basket with capital increase* 3.3 final rule (67 FR 56033), we established the LTCH’s TEFRA rate and 20 percent Adjustment for the proposed a standard Federal rate of $34,956.15. of the adjusted Federal rate. For cost change in the update cycle** ...... ¥0.8 For the proposed 2004 LTCH PPS rate reporting periods beginning during FY Proposed 2004 market basket in- year, we are proposing a standard 2004 (that is, on or after October 1, 2003 crease ...... 2.5 Federal rate of $35,726.64. Since the and before September 30, 2004), proposed standard Federal rate has blended payments under the transition * Projected market basket increase for the 12-month period of July 1, 2003 through June already been adjusted for differences in methodology will be based on 60 30, 2004. case-mix, wages, cost-of-living, and percent of the LTCH’s TEFRA rate and ** Projected market basket increase for the high-cost outlier payments, we are not 40 percent of the adjusted Federal rate. 3-month period of July 1, 2003 through Sep- proposing any additional adjustments in tember 30, 2003 already included in the FY 1. Proposed Adjustment for Area Wage the proposed standard Federal rate for 2003 standard Federal rate. Levels these factors. In addition, based on the best Under the authority of section 307(b) available data for 194 LTCHs, we C. Calculation of Proposed LTCH of Pub. L. 106–554, we established an estimate that LTCH prospective Prospective Payments for the Proposed adjustment to account for differences in payment system payments would be 2004 LTCH PPS Rate Year LTCH area wage levels under $1.960 billion for the proposed 2004 The basic methodology for § 412.525(c) using the labor-related LTCH prospective payment system rate determining prospective payment rates share estimated by the excluded year. As indicated previously, we are for LTCH inpatient operating and hospital market basket with capital and proposing to update the FY 2003 capital-related costs is set forth in wage indices that were computed using standard Federal rate and wage index § 412.521. In accordance with § 412.515, wage data from acute care inpatient data 3 months early (July 1, 2003 we assign appropriate weighting factors hospitals without regard to instead of October 1, 2003). We are to each LTC–DRG to reflect the reclassification under section 1886(d)(8) proposing that this change be budget estimated relative cost of hospital or section 1886(d)(10) of the Act. neutral because, as we discussed in the resources used for discharges within Furthermore, as we discussed in the August 30, 2002 final rule (67 FR that group as compared to discharges August 30, 2002 final rule (67 FR 56027), total estimated LTCH PPS classified within other groups. The 56015–56019), we established a 5-year payments in FY 2003 will equal amount of the prospective payment is transition to the full wage adjustment. estimated payments that would have based on the standard Federal rate, For cost reporting periods beginning on been made under the reasonable cost- established under § 412.523, and or after October 1, 2002 and before based principles if the LTCH PPS were adjusted for the LTC–DRG relative September 30, 2003 (FY 2003), the not implemented. Based on the most weights, differences in area wage levels, applicable LTCH wage index value is recent data, for the 3-month period from cost-of-living in Alaska and Hawaii, one-fifth of the full FY 2002 acute care July 1, 2003 through September 30, high-cost outliers, and other special hospital inpatient wage index data, 2003, the proposed increase in the payment provisions (short-stay outliers without taking into account geographic standard Federal rate would result in an under § 412.529 and interrupted stays reclassification under section 1886(d)(8) additional cost of $5.66 million to the under § 412.531). In accordance with and section 1886(d)(10) of the Act. FY 2003 Federal budget. Accordingly, in § 412.533, during the 5-year transition In that same final rule (67 FR 56018), order to maintain budget neutrality for period, payment is based on the we stated that we would continue to the proposed change in the rate update applicable transition blend percentage reevaluate LTCH data as they become cycle, under proposed of the adjusted Federal rate and the available and would propose to adjust § 412.523(c)(3)(ii), we are proposing to TEFRA rate unless the LTCH makes a the phase-in if subsequent data support

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a change. Because the LTCH PPS was 31, 2003, the LTCH will be paid using rate year, we are proposing to use the only recently implemented, sufficient the one-fifth wage index value for its FY 2000 inpatient acute care hospital new data have not been generated that entire cost reporting period. For the first wage index data without taking into would enable us to conduct a 6 months of that period (January 1, 2003 account geographic reclassifications comprehensive reevaluation of the through June 30, 2003), the one-fifth under sections 1886(d)(8) and (d)(10) of appropriateness of adjusting the phase- wage index value would be based on the the Act, because it is the most recent in. However, we have reviewed the most FY 2000 inpatient acute care hospital available complete data. This is the recent data available and did not find wage index data without taking into same wage data that were used to any evidence to support a change in the account geographic reclassifications compute the FY 2003 wage indices 5-year phase-in of the wage index. under sections 1886(d)(8) and (d)(10) of currently used under the IPPS. The Therefore, we are not proposing to the Act as established in the August 30, proposed LTCH wage index values for adjust the phase-in at this time. In 2002 final rule (67 FR 56018). Under our July 1, 2003 through June 30, 2004 is addition, as stated earlier, the 5-year proposal to update the data used to shown in Table 1 (for urban areas) and phase-in of the wage index would not be compute the LTCH PPS wage index Table 2 (for rural areas) in the affected by the proposed establishment values for July 1, 2003 through June 30 Addendum of this proposed rule. As of a LTCH PPS rate year of July 1 to June 2004, for the next 6 months (July 1, 2003 noted above, for cost reporting periods 30. Instead, the 5-year phase-in of the through December 31, 2003) the LTCH beginning on or after October 1, 2002 wage index established in the August would still be paid using one-fifth of the and before September 30, 2003 (FY 30, 2002 final rule (67 FR 56018) will wage index value, but the wage index 2003), the applicable LTCH wage index continue to follow the Federal fiscal value would now be computed using FY is one-fifth of the full FY 2003 acute year. That is, for cost reporting periods 2003 inpatient acute care hospital wage care hospital inpatient wage index data, beginning on or after October 1, 2003 index data without taking into account without taking into account geographic and before September 30, 2004 (FY geographic reclassifications under reclassifications under sections 2004), the applicable proposed LTCH sections 1886(d)(8) and (d)(10) of the 1886(d)(8) and (d)(10) of the Act. For wage index will be two-fifths of the Act (as shown in Tables 1 and 2 of the cost reporting periods beginning on or proposed applicable LTCH PPS index Addendum of this proposed rule). For after October 1, 2003 and before values discussed below. However, we the LTCH’s cost reporting period from September 30, 2003 (FY 2004), the will reevaluate LTCH data as they January 1, 2004 through December 31, applicable proposed LTCH wage index become available and would propose to 2004, the LTCH would be paid using the would be two-fifths of the full FY 2003 adjust the phase-in if subsequent data two-fifth wage index value. For the first acute care hospital inpatient wage index support a change. 6 months of that period (January 1, 2004 data, without taking into account geographic reclassification under Section 412.525(c) provides that the through June 30, 2004), the two-fifth sections 1886(d)(8) and (d)(10) of the adjustment to account for differences in wage index value would be based on the FY 2000 inpatient acute care hospital Act. area wage levels is made by multiplying In conjunction with our proposal to the labor-related portion of the Federal wage index data without taking into account geographic reclassifications rebase the excluded hospital with rate by the appropriate wage index capital market basket from an FY 1992 value for the area in which the LTCH is under sections 1886(d)(8) and (d)(10) of the Act, as shown in Tables 1 and 2 of to an FY 1997 base year (as discussed physically located. In the August 30, in section VI.B.1.a. of this preamble), we the Addendum of this proposed rule. 2002 final rule (67 FR 56018), based on also are proposing to use a labor-related the best available data at that time, we In the August 30, 2002 final rule (67 share that is determined from our stated that the wage index adjustment is FR 56018), for FY 2003 we used the FY proposed FY 1997-based excluded based on the FY 2002 inpatient acute 2002 inpatient acute care hospital wage hospital with capital market basket. In care hospital wage index data without index data without taking into account the August 30, 2002 final rule (67 FR taking into account geographic geographic reclassifications under 56016), we established a labor-related reclassification under section 1886(d)(8) sections 1886(d)(8) and (d)(10) of the share of 72.885 percent based on the and section 1886(d)(10) of the Act. For Act. The inpatient acute care hospital relative importance of the labor-related the proposed 2004 LTCH PPS rate year, wage index data, without taking into share of operating and capital costs of we are proposing that the wage index account geographic reclassification the excluded hospital with capital adjustment provided for under under section 1886(d)(8) or section market basket with an FY 1992 base- § 412.525(c) be based on the most recent 1886(d)(10) of the Act, is also used year. In this proposed rule, as discussed available inpatient acute care hospital under other postacute care PPSs, such in further detail below, we are wage data, that is, the FY 2003 inpatient as the IRF PPS and the SNF PPS. As we proposing a labor-related share of acute care hospital wage index data discussed in the August 30, 2002 final 72.612 percent based on the relative without taking into account geographic rule (67 FR 56019), since hospitals that importance of the labor-related share of reclassification under section 1886(d)(8) are excluded from the IPPS are not operating costs (wages and salaries, and section 1886(d)(10) of the Act. As required to provide wage-related employee benefits, professional fees, we noted above, the 5-year phase-in of information on the Medicare cost report postal services, and all other labor- the wage index adjustment would not be and we would need to establish intensive services) and capital costs in affected by the proposed change in the instructions for the collection of such the proposed FY 1997 rebased excluded LTCH PPS rate update cycle and will LTCH data in order to establish a hospital with capital market basket. continue to be based on the Federal geographic reclassification adjustment To determine the proposed labor- fiscal year. However, we are proposing under the LTCH PPS, the wage related share, we use the cost categories to update the data used to compute the adjustment established under the LTCH contained in the proposed FY 1997- annual wage index values on the PPS is based on a LTCH’s actual based excluded hospital with capital proposed 2004 LTCH PPS rate year location without regard to the urban or market basket that are influenced by cycle (July through June). For example, rural designation of any related or local labor markets, which reflect the for a LTCH with a cost reporting period affiliated provider. In this proposed different rates of price change for these from January 1, 2003 through December rule, for the proposed 2004 LTCH PPS cost categories between the base year

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(FY 1997) and this period. First, we as well. After an analysis of FY 1997 LTCH PPS rate year, we multiplied 46 estimate the portion related to operating Medicare cost report data, we found no percent by 7.692 percent to determine costs, which we estimate to be 69.075 evidence to revise our current estimate the labor-related share of capital costs to percent for the proposed LTCH PPS rate of the portion of capital costs that is be 3.538 percent. We then added the year of July 1, 2003 through June 30, influenced by local labor markets of 46 3.543 that was calculated for capital 2004, calculated based on the Medicare percent (see 67 FR 56016, August 30, costs to the 69.075 percent that was cost reports for excluded hospitals as 2002). Based on the proposed change in calculated for operating costs to the sum of the relative importance for the LTCH PPS rate update cycle, the determine the total labor-related relative wages and salaries (48.967), employee relative importance of capital is importance of 72.612. Therefore, we are benefits (11.032), professional fees estimated to be 7.692 percent. Because proposing to use a labor-related share of (4.518), and labor-intensive services the relative importance of capital is 72.612 percent for the proposed 2004 (4.558), as shown in Table V. The labor- 7.692 percent of the proposed FY 1997- LTCH PPS rate year. related share of capital costs in the based excluded hospital with capital market basket needed to be considered market basket for the proposed 2004

TABLE V.—PROPOSED LABOR-RELATED SHARE RELATIVE IMPORTANCE

Relative impor- Relative impor- tance FY 1992- tance FY 1997- based market based market bas- Cost category basket (proposed ket (proposed 2004 LTCH PPS 2004 LTCH PPS rate year) rate year)

Wages and salaries ...... 50.572 48.967 Employee benefits ...... 11.882 11.032 Professional fees ...... 2.052 4.518 Postage ...... 0.254 All other labor intensive services ...... 5.242 4.558 Subtotal ...... 70.001 69.075

Labor-related share of capital costs ...... 3.412 3.538

Total ...... 73.413 72.612* * Although the weights of the cost categories appear to add to 76.213, this is due to rounding; the actual labor-related share is 72.61246.

2. Proposed Adjustment for Cost-of- TABLE VI.—PROPOSED COST-OF-LIV- Under § 412.525(a), we make outlier Living in Alaska and Hawaii ING ADJUSTMENT FACTORS FOR payments for any discharges if the estimated cost of a case exceeds the Under § 412.525(b), we make a cost- ALASKA AND HAWAII HOSPITALS FOR THE PROPOSED 2004 LTCH PPS adjusted LTCH PPS payment for the of-living adjustment (COLA) for LTCHs LTC–DRG plus a fixed-loss amount. The RATE YEAR—Continued located in Alaska and Hawaii to account fixed-loss amount is the amount used to for the higher costs incurred in those Maui County ...... 1.2375 limit the loss that a hospital will incur States. Kalawao County ...... 1.2375 under an outlier policy. This results in For the proposed 2004 LTCH PPS rate Medicare and the LTCH sharing year, under § 412.525(b), we are 3. Proposed Adjustment for High-Cost financial risk in the treatment of proposing to make a COLA to payments Outliers extraordinarily costly cases. The LTCH’s for LTCHs located in Alaska and Hawaii loss is limited to the fixed-loss amount by multiplying the standard Federal Under § 412.525(a), we make an and the percentage of costs above the payment rate by the appropriate factor adjustment for additional payments for marginal cost factor. We calculate the listed in Table VI. below. These factors outlier cases that have extraordinarily estimated cost of a case by multiplying are obtained from the U.S. Office of high costs relative to the costs of most the overall hospital cost-to-charge ratio Personnel Management (OPM). If OPM discharges. Providing additional by the Medicare allowable covered releases revised COLA factors before payments for outliers strongly improves charge. In accordance with § 412.525(a), May 1, 2003, we propose to use them for the accuracy of the LTCH PPS in we pay outlier cases 80 percent of the the development of payments and will determining resource costs at the patient difference between the estimated cost of publish them in the final rule. and hospital level. These additional the patient case and the outlier payments reduce the financial losses threshold (the sum of the adjusted TABLE VI.—PROPOSED COST-OF-LIV- that would otherwise be caused by Federal prospective payment for the ING ADJUSTMENT FACTORS FOR treating patients who require more LTC–DRG and the fixed-loss amount). ALASKA AND HAWAII HOSPITALS FOR costly care and, therefore, reduce the We determine a fixed-loss amount, THE PROPOSED 2004 LTCH PPS incentives to underserve these patients. that is, the maximum loss that a LTCH We include a provision for outlier can incur under the PPS for a case with RATE YEAR payments under the LTCH PPS and set unusually high costs before the hospital the outlier threshold before the Alaska: will receive any additional payments. All areas ...... 1.25 beginning of the applicable proposed We calculate the fixed-loss amount by Hawaii: rate update year so that total outlier simulating aggregate payments with and Honolulu County ...... 1.25 payments are projected to equal 8 without an outlier policy. The fixed loss Hawaii County ...... 1.165 percent of total payments under the amount would result in estimated total Kauai County ...... 1.2325 LTCH PPS. outlier payments being equal to 8

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percent of projected total LTCH PPS would result in inappropriately higher meet the criteria set forth in section payments. outlier payments. Accordingly, we are 1861(e) of the Act in order to participate Outlier payments under the LTCH proposing to apply the LTCH’s actual in the hospital in the Medicare program. PPS are determined consistent with the cost-to-charge ratio to determine the As we also discussed in the August 30, IPPS outlier policy. Currently, under the cost of the case, even where the LTCH’s 2002 final rule (67 FR 55956), in general IPPS, a floor and a ceiling are applied actual cost-to-charge ratio falls below hospitals are paid as a LTCH only to an acute care hospital’s cost-to-charge the floor. No longer applying the because their average length of stay is ratio and if the acute care hospital’s applicable statewide average cost-to- greater than 25 days in accordance with cost-to-charge ratio is either below the charge ratio when a LTCH’s actual cost- § 412.23(e). Furthermore, prior to floor or above the ceiling, the applicable to-charge ratio falls below the floor qualifying as a LTCH under statewide average cost-to-charge ratio is would result in a lower future cost-to- § 412.23(e)(2)(i), the hospitals generally assigned to the acute care hospital. charge ratio. Applying this lower cost- are paid as acute care hospitals under Similarly, if a LTCH’s cost-to-charge to-charge ratio to charges in the future the IPPS during the period in which ratio is below the floor or above the to determine the cost of the case would they demonstrate that they have an ceiling, currently the applicable result in more appropriate outlier average length of stay of greater than 25 statewide average cost-to-charge ratio is payments. Therefore, consistent with days. Accordingly, if a LTCH’s cost-to- assigned to the hospital. In addition, for the proposed policy change for acute charge ratio is above this ceiling, we are LTCHs for which we are unable to care hospitals under the IPPS, we are proposing to assign the applicable IPPS compute a cost-to-charge ratio, we also proposing that LTCHs would receive statewide average cost-to-charge ratio. assign the applicable statewide average. their actual cost-to-charge ratios no (Currently, the applicable IPPS Currently, MedPAR claims data and matter how low their ratios fall. Also, statewide averages can be found in cost-to-charge ratios based on the latest consistent with the proposed policy Tables 8A and 8B of the August 1, 2002 available cost report data from HCRIS change for acute care hospitals under IPPS final rule (67 FR 50263).) We and corresponding MedPAR claims data the IPPS, we are proposing under would also assign the applicable are used to establish a fixed-loss § 412.525(a)(4), by cross-referencing statewide average for LTCHs for which threshold amount under the LTCH PPS. proposed § 412.84(i), to continue to we are unable to compute a cost-to- For FY 2003, based on FY 2001 apply the applicable statewide average charge ratio. Accordingly, for the MedPAR claims data and cost-to-charge cost-to-charge ratio when a LTCH’s cost- proposed 2004 LTCH PPS rate year, we ratios based on the latest available data to-charge ratio exceeds the ceiling by are proposing a fixed-loss amount of from HCRIS and corresponding adopting the proposed policy at $19,978. Thus, we would pay an outlier MedPAR claims data from FYs 1998 and proposed § 412.84(i)(1)(ii). Cost-to- case 80 percent of the difference 1999, we established a fixed-loss charge ratios above this range are between the estimated cost of the case amount of $24,450. For the proposed probably due to faulty data reporting or and the outlier threshold (the sum of the 2004 LTCH PPS rate year, we are entry, and, therefore, should not be used adjusted Federal LTCH payment for the proposing to continue to use the March to identify and make payments for LTC–DRG and the proposed fixed-loss 2002 update of the FY 2001 MedPAR outlier cases because such data are amount of $19,978). claims data to determine a fixed-loss clearly errors and should not be relied threshold that would result in outlier As we discussed in section IV.D. of upon. In addition, we are proposing to payments being equal to 8 percent of this preamble, the IPPS standard make a similar change to § 412.529(c), total payments, based on the policies Federal rate and relative weights are by cross-referencing proposed described in this proposed rule, because updated simultaneously, effective § 412.84(i), for determining short-stay these data are the best data available. October 1 of each year, when the new We would calculate cost-to-charge ratios outlier payments to indicate that the GROUPER with the final DRGs and the for determining the proposed fixed-loss applicable statewide average cost-to- new relative weights are implemented amount based on the latest available charge ratio would be applied when a for that fiscal year. The LTCH PPS cost report data in HCRIS and LTCH’s cost-to-charge ratio exceeds the utilizes the same DRGs and Medicare corresponding MedPAR claims data ceiling, but not when a LTCH’s cost-to- GROUPER program as the IPPS. The from FYs 1998, 1999, and 2000. charge ratio falls below the floor. Since GROUPER in effect on July 1, 2003 will Consistent with the proposed outlier cost-to-charge ratios are also used in be version 20.0. Although we are policy changes for acute care hospitals determining short-stay outlier proposing to update the LTCH PPS under the IPPS discussed in the March payments, the rationale for this standard Federal rate on July 1, 2003, 4, 2003 proposed rule, we are proposing proposed change mirrors that for high- version 21.0 of the GROUPER will not to no longer assign the applicable cost outliers. be available at the time the final rule statewide average cost-to-charge ratio Therefore, consistent with IPPS following this proposed rule is when a LTCH’s cost-to-charge ratio falls outlier policy in determining the published. To the extent that the LTC– below the floor. We are proposing this proposed fixed-loss amount for the DRG weights in the version 21.0 policy change because, as is the case for proposed 2004 LTCH PPS rate year, we GROUPER may change, total LTCH PPS acute care hospitals, we believe LTCHs are proposing to use only the current payments may also change. Therefore, could arbitrarily increase their charges combined operating and capital cost-to- as explained in section IV.F. of this in order to maximize outlier payments. charge ratio ceiling under the IPPS of proposed rule, we are not proposing an Even though this arbitrary increase in 1.421 (as explained in the acute care update to the LTC–DRG weights for the charges should result in a lower cost-to- hospital inpatient PPS final rule (67 FR period of July 1, 2003 through charge ratio in the future (due to the lag 50125, August 1, 2002)). We believe that September 30, 2003, and the LTCH PPS time in cost report settlement), currently using the current combined IPPS would continue to use version 20.0 of when a LTCH’s actual cost-to-charge operating and capital cost-to-charge the GROUPER and the LTC–DRG ratio falls below the floor, the LTCH’s ratio ceiling for LTCHs is appropriate relative weights published in Table 3 of cost-to-charge ratio would be raised to since, as we explained in the August 30, the Addendum to the August 30, 2002 the applicable statewide average. This 2002 final rule (67 FR 55960), LTCHs final rule (reprinted in Table 3 of the application of the statewide average are certified as acute care hospitals that Addendum to this proposed rule) for the

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period from July 1, 2003 through GROUPER that is in effect as of July 1 IPPS, we believe they are susceptible to September 30, 2003. of that year. the same payment vulnerabilities and, The calculation of the fixed-loss Since the proposed effective date of therefore, merit revision. As proposed amount is dependent in part on the the updated LTCH PPS standard Federal for acute care hospitals under the IPPS LTC–DRG relative weights because the rate would be July 1, while the updated at proposed § 412.84(m) in the March 4, fixed-loss amount is set so that GROUPER would not be effective until 2003 proposed rule, we are proposing estimated total outlier payments are October 1, we did consider an under § 412.525(a)(4)(ii), by cross- estimated to be equal to 8 percent of alternative proposal that would referencing proposed § 412.84(m), that establish two separate fixed-loss total LTCH PPS payments. We are for LTCHs any reconciliation of outlier amounts: one for July through proposing to calculate a fixed-loss payments would be made upon cost amount that would result in total September based on the current GROUPER and another for October report settlement to account for estimated outlier payments being equal differences between the estimated cost- to 8 percent of total LTCH PPS through June based on the updated GROUPER. We decided not to propose to-charge ratio for the period during payments for the proposed 2004 LTCH which the discharge occurs. As is the PPS rate year, using the LTC–DRG this alternative because, as we discussed case with the proposed changes to the relative weights based on the version above, calculating and implementing outlier policy for acute care hospitals 20.0 GROUPER. We are proposing to use two fixed-loss amounts in one proposed under the IPPS, we are still assessing the version 20.0 GROUPER in LTCH PPS rate year is administratively determining the fixed-loss amount for burdensome. the procedural changes that would be the period of July 1, 2003 through June As we stated in the August 30, 2002 necessary to implement this change. In 30, 2004 as it contains the best available final rule (67 FR 56026), under some addition, we are proposing to make a rare circumstances, a LTCH discharge data at the time the fixed-loss amount is similar change in § 412.529(c)(4)(ii), by could qualify as a short-stay outlier case determined. cross-referencing proposed § 412.84(m), (as defined under § 412.529 and As we discuss below, we are not to indicate that any reconciliation of discussed in section VI. of this payments for short-stay outliers would proposing to change the fixed-loss preamble) and also as a high-cost outlier amount to account for changes in the be made upon cost report settlement to case. In such a scenario, a patient could account for differences between the version 21.0 GROUPER because we be hospitalized for less than five-sixths estimated cost-to-charge ratio and the believe implementing two fixed-loss of the geometric average length of stay actual cost-to-charge ratio for the period amounts would be administratively for the specific LTC–DRG, and yet incur burdensome. Implementing a single extraordinarily high treatment costs. If during which the discharge occurs. fixed-loss amount which would be in the costs exceeded the outlier threshold In addition, because we currently use effect for a full 12 months (July through (that is, the short-stay outlier payment cost-to-charge ratios based on the latest June) would be consistent with other plus the fixed-loss amount), the settled cost report, again consistent with components of the LTCH PPS, such as discharge would be eligible for payment the policy for acute care hospitals under the standard Federal rate and the wage as a high-cost outlier. Thus, for short- the IPPS, any dramatic increases in index, both of which would be in effect stay outlier in the proposed 2004 LTCH charges during the payment year are not for a full 12-month period (July through PPS rate year, the high-cost outlier reflected in the cost-to-charge ratios June). Similarly, the relative weights payment would be based on 80 percent when making outlier payments. and the GROUPER program are in effect of the difference between the estimated for 12 months (October through Consistent with the proposed policy cost of the case plus the outlier change for acute care hospitals under September). However, because the threshold (the sum of the proposed update to the ICD–9–CM codes, as the IPPS at proposed § 412.84(i) fixed-loss amount of $19,978 and the discussed in the March 4, 2003 described in section IV.E.2. of this amount paid under the short-stay outlier proposed rule, because a LTCH has the proposed rule, is effective at the policy). beginning of the Federal fiscal year, we Under existing regulations at ability to increase its outlier payments will continue to update the GROUPER § 412.525(a) (as established in the through a dramatic increase in charges and the relative weights on October 1. August 30, 2002 LTCH PPS final rule and because of the lag time in the data Furthermore, we do not anticipate that (67 FR 56026)), we specify that no used to calculate cost-to-charge ratios, the fixed-loss amount calculated using retroactive adjustment will be made to we are proposing that fiscal the relative weights based on the the outlier payments upon cost report intermediaries would use more recent version 20.0 GROUPER would be settlement to account for differences data when determining a LTCH’s cost- significantly different from a fixed-loss between the estimated cost-to-charge to-charge ratio. Therefore, under amount calculated using the relative ratios and the actual cost-to-charge § 412.525(a)(4)(ii), by cross-referencing weights based on the version 21.0 ratios for outlier cases. This policy is proposed § 412.84(i), we are proposing GROUPER. We believe this based on the consistent with the existing outlier that fiscal intermediaries would use fact that the LTCH PPS outlier policy, payment policy for short-term acute care either the most recent settled cost report one component of which is a fixed-loss hospitals under the IPPS. However, we or the most recent tentative settled cost amount, was based on the IPPS outlier note that in the proposed rule on March report, whichever is later. In addition, policy. The annual reclassification and 4, 2003, we proposed to revise the we are proposing to make a similar recalibration of DRGs under the IPPS methodology for determining cost-to- change in § 412.529(c)(4)(ii), by cross- generally does not result in a significant charge ratios for acute care hospitals referencing proposed § 412.84(i), to impact on the IPPS fixed-loss amount under the IPPS because, as we discussed indicate that subject to the proposed (although this impact would vary from in that notice, we became aware that provisions in the regulations at year to year depending on the actual payment vulnerabilities exist in the § 412.84(i), fiscal intermediaries would DRG changes). Therefore, as explained current IPPS outlier policy. above, we are proposing to calculate a Because the LTCH PPS high-cost use either the most recent settled cost single fixed-loss amount for each LTCH outlier and short-stay policies are report or the most recent tentative PPS rate year based on the version of the modeled after the outlier policy in the settled cost report, whichever is later.

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4. Proposed Adjustments for Special length of stay up to and including five- an IRF, the applicable fixed-day period Cases sixths of the geometric average length of is 27 days. For a discharge to a SNF, the a. General stay of the LTC–DRG. applicable fixed-day period is 45 days. As we discussed above, in section The counting of the days begins on the As discussed in the August 30, 2002 VI.C.3. of this preamble, in the March 4, day of discharge from the specified final rule (67 FR 55995), under section 2003 proposed rule we proposed to facility and ends on the 9th, 27th, or 123 of Pub. L. 106–113 the Secretary revise the methodology for determining 45th day for an acute care hospital, an generally has broad authority in cost-to-charge ratios for acute care IRF, or a SNF, respectively. (We refer developing the PPS for LTCHs, hospitals under the IPPS because, as we readers to section VI.C.4.e. of this including whether (and how) to provide discussed in that notice, we became preamble for a discussion of application for adjustments to reflect variations in aware that payment vulnerabilities exist of this interrupted stay policy to the necessary costs of treatment among in the current IPPS outlier policy. Medicare-participating providers with LTCHs. Because the LTCH PPS high-cost outlier approved swing beds.) Generally, LTCHs, as described in and short-stay outlier policies are If the patient’s length of stay away section 1886(d)(1)(B)(iv) of the Act, are modeled after the outlier policy in the from the LTCH does not exceed the distinguished from other inpatient IPPS, we believe they are susceptible to fixed-day thresholds, the return to the hospital settings by maintaining an the same payment vulnerabilities and, LTCH is considered part of the first average length of stay of greater than 25 therefore, merit revision. As proposed admission and only a single LTCH PPS days. However, LTCHs may have cases for acute care hospitals under the IPPS payment will be made. (From the that have stays of considerably less than at proposed § 412.84(i) and (m) in the standpoint of implementing this policy, the average length of stay and that March 4, 2003 proposed rule and as we in the event that a Medicare inpatient is receive significantly less than the full are proposing above for high-cost outlier discharged from a LTCH and is course of treatment for a specific LTC– payments at § 412.525(a)(4)(ii), we are readmitted and the stay qualifies as an DRG. As we explained in the August 30, proposing under § 412.529 that short- interrupted stay, the provider should 2002 final rule (67 FR 55995), such stay outlier payments would be subject cancel the claim generated by the cases would be paid inappropriately if to the proposed provisions in the original stay in the LTCH and submit the hospital were to receive the full regulations at § 412.84(i) and (m). one claim for the entire stay. For further LTC–DRG payment. While we are not Therefore, consistent with the proposed details, see Program Memorandum proposing any changes to the payment changes to the high-cost outlier policy Transmittal A–02–093, September policy for special cases at this time, discussed above in section VI.C.3. of 2002.) On the other hand, if the patient below we discuss the payment this preamble, we are proposing, by stay exceeds the total fixed-day methodology for these special cases as cross-referencing § 412.84(i), that fiscal threshold outside of the LTCH at implemented in the August 30, 2002 intermediaries would use either the another facility before being readmitted, final rule (67 FR 55955–56010). most recent settled cost report or the two separate LTC–DRG payments will most recent tentative settled cost report, be made, one based on the principal b. Short-Stay Outlier Cases whichever is later, in determining a diagnosis for the first admittance and A short-stay outlier case may occur LTCH’s cost-to-charge ratio. We also are the other based on the principal when a beneficiary receives less than proposing, by cross-referencing diagnosis for the second admittance. the full course of treatment at the LTCH § 412.84(i), that the applicable statewide Moreover, if the principal diagnoses are before being discharged. These patients average cost-to-charge ratio would be the same for both admissions, the may be discharged to another site of applied when a LTCH’s cost-to-charge hospital could receive two similar care or they may be discharged and not ratio exceeds the ceiling. Finally, we are payments. (See section VI.C.4.e. of this readmitted because they no longer proposing, by cross-referencing proposed rule for application of the require treatment. Furthermore, patients § 412.84(m), that any reconciliation of interrupted stay policy to transfers to may expire early in their LTCH stay. payments for short-stay outliers would swing bed hospitals.) As noted above, generally LTCHs are be made upon cost report settlement to d. Onsite Discharges and Readmittances defined by statute as having an average account for differences between the length of stay of greater than 25 days. estimated cost-to-charge ratio and the Under § 412.532, generally, if a LTCH We believe that a payment adjustment actual cost-to-charge ratio for the period readmits more than 5 percent of its for short-stay outlier cases results in during which the discharge occurs. As Medicare patients who are discharged to more appropriate payments, because is the case with the proposed changes to an onsite SNF, IRF, or psychiatric these cases most likely would not the outlier policy for acute care facility, or to an onsite acute care receive a full course of treatment in hospitals under the IPPS, we are still hospital, only one LTC–DRG payment such a short period of time and a full assessing the procedural changes that will be made to the LTCH for discharges LTC–DRG payment may not always be would be necessary to implement this and readmittances during the LTCH’s appropriate. Payment-to-cost ratios change. cost reporting period. Therefore, simulated for LTCHs, for the cases payment for the entire stay will be paid described above, show that if LTCHs c. Interrupted Stay either as one full LTC–DRG payment or receive a full LTC–DRG payment for In § 412.531(a), we define an a short-stay outlier, depending on the those cases, they would be significantly ‘‘interruption of a stay’’ as a stay at a duration of the entire LTCH stay. ‘‘overpaid’’ for the resources they have LTCH during which a Medicare In applying the 5-percent threshold, actually expended. inpatient is transferred upon discharge we apply one threshold for discharges Under § 412.529, we adjust the per to an acute care hospital, an IRF, or a and readmittances with a co-located discharge payment to the least of 120 SNF for treatment or services that are acute care hospital. There is also a percent of the cost of the case, 120 not available in the LTCH and returns separate 5-percent threshold for all percent of the LTC–DRG specific per to the same LTCH within applicable discharges and readmittances with co- diem amount multiplied by the length fixed day periods. For a discharge to an located SNFs, IRFs, and psychiatric of stay of that discharge, or the full acute care hospital, the applicable fixed- facilities. In the case of a LTCH that is LTC–DRG payment, for all cases with a day period is 9 days. For a discharge to co-located with an acute care hospital,

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an IRF, or a SNF, the interrupted stay SNF PPS to swing beds to require that percent of the standard Federal rate in policy at § 412.531 applies until the 5- all payment policy determinations lieu of the blend methodology. percent threshold is reached. However, regarding patient movement between As we discussed in further detail in once the applicable threshold is LTCHs and SNFs, including the onsite the August 30, 2002 final rule (67 FR reached, all such discharges and policy described above, also apply to 56032–56037), the standard Federal rate readmittances to the applicable site(s) swing beds. was determined as if all LTCHs will be for that cost reporting period are paid as We want to emphasize that our paid based on 100 percent of the one discharge. This means that even if inclusion of swing beds in payment standard Federal rate. As stated earlier, a discharged LTCH Medicare patient policy determinations for all patient we provide for a 5-year transition period was readmitted to the LTCH following movement between LTCHs and SNFs methodology that allows LTCHs to a stay in an acute care hospital of greater (see section VI.C.4.c. of this preamble) receive payments based partially on than 9 days, if the facilities share a would mean that a readmission to a reasonable cost principles. In order to common location and the 5-percent LTCH from posthospital SNF care being maintain budget neutrality as required threshold were exceeded, the provided in a swing bed that is located by section 123(a)(1) of the Pub. L. 106– subsequent discharge from the LTCH either in the LTCH itself or in another 113 and § 412.523(d)(2), during the 5- will not represent a separate onsite Medicare provider would have year transition period, we reduce all hospitalization for payment purposes. the same policy consequences as would LTCH Medicare payments (whether a Only one LTC–DRG payment will be a readmission to the LTCH from an LTCH elects payment based on 100 made for all such discharges during a onsite SNF. percent of the Federal rate or whether a cost reporting period to the acute care LTCH is being paid under the transition hospital, regardless of the length of stay 5. Other Proposed Payment Adjustments blend methodology) by a factor that is equal to 1 minus the ratio of the at the acute care hospital, that are As indicated earlier, we had broad estimated TEFRA reasonable cost-based followed by readmittances to the onsite authority under section 123 of Pub. L. payments that would have been made if LTCH. 106–113, including whether (and how) Similarly, if the LTCH has exceeded the LTCH PPS had not been to provide for adjustments to reflect its 5-percent threshold for all discharges implemented, to the projected total variations in the necessary costs of to an onsite IRF, SNF, or psychiatric Medicare program PPS payments (that treatment among LTCHs. Thus, in the hospital or unit with readmittances to is, payments made under the transition August 30, 2002 final rule (67 FR the LTCH, the subsequent LTCH methodology and the option to elect 56014–56027), we discussed our discharge for patients from those sites payment based on 100 percent of the extensive data analysis and rationale for for the entire cost reporting period will Federal rate). not implementing an adjustment for not be treated as a separate discharge for For FY 2003, based on a comparison Medicare payment purposes. (As under geographic reclassification, rural of the estimated FY 2003 payments to the interrupted stay policy, payment to location, treating a disproportionate each LTCH based on 100 percent of the an acute care hospital under the IPPS, share of low-income patients (DSH), or standard Federal rate and the transition to an IRF under the IRF PPS, and to a indirect medical education (IME) costs. blend methodology, we projected that SNF under the SNF PPS, will not be In that same final rule, we stated that we approximately 49 percent of LTCHs affected. Payments to the psychiatric would collect data and reevaluate the would elect to be paid based on 100 facility also will not be affected.) appropriateness of these adjustments in percent of the standard Federal rate the future once more LTCH data become rather than receive payment based on e. Treatment of Swing Beds Under the available after the LTCH PPS is the transition blend methodology. This Interrupted Stay and Onsite Discharge implemented. Because the LTCH PPS projection was based on our estimate and Readmittance Policies was only recently implemented, that those 49 percent of LTCHs would A swing-bed hospital is defined at sufficient new data have not yet been receive higher payments based on 100 § 413.114(b) as a hospital or critical generated that would enable us to percent of the standard Federal rate access hospital (CAH) participating in conduct a comprehensive reevaluation compared to the payments they would Medicare that has an approval from of these payment adjustments. receive under the transition blend CMS to provide posthospital SNF care Therefore, we are not proposing an methodology. Similarly, we projected as defined in § 409.20 and meets the adjustment for geographic that the remaining 51 percent of LTCHs requirements specified in § 482.66 or reclassification, rural location, DSH, or would choose to be paid based on the § 485.645. Swing beds are otherwise IME at this time. However, we will transition blend methodology (80 licensed hospital beds that may, under continue to collect and interpret new percent of TEFRA and 20 percent of the certain circumstances, be used data as they become available in the PPS) in FY 2003, because those temporarily as SNF beds. Under future to determine if these data support payments would be higher than if they § 413.114(a)(2), posthospital SNF care proposing any additional payment were paid based on 100 percent of the furnished in general routine inpatient adjustments. standard Federal rate. beds in rural hospitals (other than 6. Proposed Budget Neutrality Offset to In the August 30, 2002 final rule (67 CAHs) is paid in accordance with the FR 56034), we projected that the full Account for the Transition Methodology provisions of the SNF PPS for services effect of the 5-year transition period and furnished for cost reporting periods Under § 412.533, we implemented a the election option would result in a beginning on or after July 1, 2002. Since 5-year transition period from cost-based cost to the Medicare program of $240 it is possible for a Medicare beneficiary TEFRA reimbursement to prospective million as follows: For FY 2003, $50 to be discharged from a LTCH for payment, during which a LTCH will be million; for FY 2004, $80 million; for FY posthospital SNF care that is being paid an increasing percentage of the 2005, $60 million; for FY 2006, $40 provided by another hospital-level LTCH PPS rate and a decreasing million; for FY 2007, $10 million. Thus, Medicare provider with swing beds, percentage of its payments under the in order to maintain budget neutrality, such a discharge would be considered TEFRA payment principles for each we applied a 6.6 percent reduction the same as if it were to a individual discharge. Furthermore, we allow a (0.934) to all LTCHs’ payments in FY SNF. We interpret the extension of the LTCH to elect to be paid based on 100 2003 to account for the estimated cost

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of $50 million for FY 2003. In this proposed rule, based on the provided, or behavioral response to the Furthermore, in order to maintain best available data and the proposed implementation of the LTCH PPS) budget neutrality, we indicated that, in policy revisions described, we project described in the August 30, 2002 final the future, we would propose a budget that the full effect of the remaining 4 rule (67 FR 56027–56037). To the extent neutrality offset for each of the years of the transition period (including these assumptions significantly differ remaining years of the transition period the election option) would result in a from actual experience, the aggregate to account for the estimated payments cost to the Medicare program of $300 amount of actual payments may turn out for the respective fiscal year. Based on million as follows: to be significantly higher or lower than the data available at that time, in the the estimates on which the budget August 30, 2002 final rule (67 FR 56037) Proposed LTCH PPS rate Estimated neutrality calculations were based. cost Section 123 of Pub. L. 106–113 and we estimated the following budget year (in millions) neutrality offsets to LTCH payments section 307 of Pub. L. 106–554 provide during the remainder of transition 2004 ...... $120 the Secretary broad authority in period: 5.0 percent (0.950) in FY 2004; 2005 ...... 90 developing the LTCH PPS, including the 3.4 percent (0.996) in FY 2005; and 1.7 2006 ...... 60 authority for appropriate adjustments. percent (0.983) in FY 2006. We also 2007 ...... 30 Under this broad authority, as stated that no budget neutrality offset is implemented in the regulations at necessary in the 5th year of the Therefore, we are proposing a 5.7 § 412.523(d)(3), we have provided for transition period (FY 2007) because percent reduction (0.943) to all LTCHs’ the possibility of making a one-time under the transition methodology at payments for discharges occurring on or prospective adjustment to the LTCH § 412.533, all LTCHs will be paid based after July 1, 2003 and through June 30, PPS rates by October 1, 2006, so that the on 100 percent of the standard Federal 2004, to account for the estimated cost effect of any significant difference rate and zero percent of the TEFRA rate. of the $120 million for the proposed between actual payments and estimated 2004 LTCH PPS rate year. We payments for the first year of the LTCH For the proposed 2004 LTCH PPS rate emphasize that the budget neutrality PPS would not be perpetuated in the year, based on the best available data offset to account for the transition PPS rates for future years. and the policies presented in this methodology is calculated based on and In the August 30, 2002 final rule (67 proposed rule, we project that effective for payments made for FR 56037), we estimated that total approximately 49 percent of LTCHs discharges occurring during the Medicare program payments for LTCH would be paid based on 100 percent of proposed 2004 LTCH PPS rate year of services over 5 years would be $1.59 the proposed standard Federal rate July 1, 2003 through June 30, 2004, not billion for FY 2003; $1.69 billion for FY rather than receive payment under the the Federal FY 2004 of October 1, 2003 2004; $1.79 billion for FY 2005; $1.90 transition blend methodology. Using the through September 30, 2004. billion for FY 2006; and $2.00 billion for same methodology described in the As we stated above, in order to FY 2007. In this proposed rule, based on August 30, 2002 final rule (67 FR maintain budget neutrality, we the best available data, we estimate that 56034), this projection, which uses indicated that we would propose a total Medicare program payments for updated data and inflation factors, is budget neutrality offset for each of the LTCH services from the proposed LTCH based on our estimate that LTCHs remaining years of the transition period PPS rate years of 2004 through 2008 would receive higher payments based to account for the estimated costs for the would be: on 100 percent of the proposed standard respective fiscal year. Based on the best Federal rate compared to the payments available data at this time, we are Proposed LTCH PPS rate Estimated they would receive under the transition proposing the following budget year payments blend methodology. Similarly, we neutrality offsets to LTCH payments ($ in billions) project that the remaining 51 percent of during the transition period: 4.4 percent 2004 ...... $2.17 LTCHs would choose to be paid based (0.956) in proposed 2005 LTCH PPS rate 2005 ...... 2.29 on the transition blend methodology (80 year; 2.9 percent (0.971) in proposed 2006 ...... 2.42 percent of TEFRA and 20 percent of the 2006 LTCH PPS rate year; and 1.2 2007 ...... 2.56 PPS for cost reporting periods beginning percent (0.988) in proposed 2007 LTCH 2008 ...... 2.71 during FY 2003; and 60 percent of PPS rate year. TEFRA and 40 percent of the PPS for As we discussed in the August 30, As in our August 30, 2002 final rule cost reporting periods beginning during 2002 final rule (67 FR 56036), consistent (67 FR 56037), these estimates are based FY 2004 in accordance with with the statutory requirement for on the projection that 49 percent of § 412.533(a)) because they would budget neutrality in section 123(a)(1) of LTCHs would elect to be paid based on receive higher payments than if they Pub. L. 106–113, we intend for 100 percent of the proposed standard were paid based on 100 percent of the estimated aggregate payments under the Federal rate rather than the transition proposed standard Federal rate. We note LTCH PPS to equal the estimated blend, and an update of our estimate of that, as discussed in section VIII. of this aggregate payments that would be made proposed 2004 LTCH PPS rate year preamble, we are not proposing to if the LTCH PPS was not implemented. payments to LTCHs using our Office of change the 5-year transition period set Our methodology for estimating the Actuary’s most recent estimate of forth in § 412.533(a) in conjunction with proposed payments for purposes of the the excluded hospital with capital the proposed change in the proposed proposed budget neutrality calculations market basket of 2.5 percent for 2004 LTCH PPS rate update discussed used the best available data at this time proposed 2004 LTCH PPS rate year in detail in section III. of this preamble. and necessarily reflects assumptions. As (adjusted to account for the proposed Therefore, the applicable transition the LTCH PPS progresses, we are change in the rate update cycle blend percentage will apply for a monitoring payment data and will discussed in section VI.B.1.b. of this LTCH’s entire cost reporting period evaluate the ultimate accuracy of the preamble), 3.1 percent for proposed beginning on or after October 1 (unless assumptions used in the budget 2005 LTCH PPS rate year, 3.0 percent the LTCH elects payment based on 100 neutrality calculations (for example, for proposed 2006 LTCH PPS rate year, percent of the Federal rate). inflation factors, intensity of services 2.9 percent for proposed 2007 LTCH

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PPS rate year, and 3.0 percent for proposed rule, the proposed standard payment for this Medicare patient, we proposed 2008 LTCH PPS rate year. We Federal rate would be adjusted to compute the wage-adjusted Federal also have taken into account our Office account for differences in area wages by prospective payment amount by of the Actuary’s projection that there multiplying the labor-related share of multiplying the unadjusted proposed would be an increase in Medicare the proposed standard Federal rate by standard Federal rate ($35,830.05) by beneficiary enrollment of 1.3 percent in the appropriate proposed LTCH wage the labor-related share (72.612 percent) proposed 2004 LTCH PPS rate year, 1.6 index. The proposed standard Federal and the proposed wage index (1.0418). percent in proposed 2005 LTCH PPS rate would also be adjusted to account This wage-adjusted amount is then rate year, and 1.9 percent in proposed for the higher costs of hospitals in added to the nonlabor-related portion of 2006 LTCH PPS rate year and 2.0 Alaska and Hawaii by multiplying the the unadjusted proposed standard percent in proposed 2007 LTCH PPS nonlabor-related share of the proposed Federal rate (27.388 percent) to rate year and 2.1 percent in proposed standard Federal rate by the appropriate 2008 LTCH PPS rate year. determine the adjusted proposed adjustment factor shown in the table in Federal rate, which is then multiplied Because the LTCH PPS was only section VI.C.2. of this preamble. To recently implemented, sufficient new by the proposed LTC–DRG relative illustrate the methodology we are using weight (1.2493) to calculate the total data have not been generated that would to adjust the proposed Federal adjusted proposed Federal prospective enable us to conduct a comprehensive prospective payments, we are providing payment for the proposed 2004 LTCH reevaluation of our budget neutrality the following example: calculations. Therefore, we are not PPS rate year ($46,121.11). In addition, proposing an adjustment for budget During the proposed 2004 LTCH PPS as discussed in section VI.C.6. of this neutrality under § 412.523(d)(3) at this rate year, a Medicare patient is in a preamble, for the proposed 2004 LTCH time. However, we will continue to LTCH located in Chicago, Illinois (MSA PPS rate year, we are proposing to collect and interpret new data as the 1600) with a proposed two-fifths wage reduce the LTCH PPS payment by 5.6 data become available in the future to index value of 1.0418 (see Table 1 in the percent for the proposed budget determine if such an adjustment should Addendum to this proposed rule). The neutrality offset to account for the costs be proposed. Medicare patient is classified into LTC– of the transition methodology. The DRG 4 (Spinal Procedures), which has a following illustrates the components of VII. Computing the Proposed Adjusted proposed relative weight of 1.2493 (see the calculations in this example: Federal Prospective Payments Table 3 of the Addendum to this In accordance with § 412.525 and as proposed rule). To calculate the LTCH’s discussed in sections VI. of this total adjusted Federal prospective

Proposed Unadjusted Standard Federal Prospective Payment Rate ...... $35,830.05 Labor-Related Share ...... 0.72612 Labor-Related Portion of the Federal Rate ...... = $26,016.92 Proposed 2⁄5th Wage Index (MSA 1600) ...... 1.0418 Wage-Adjusted Labor Share ...... = $27,104.43 Nonlabor-Related Portion of the Federal Rate (adjusted for COLA if applicable) ...... + $ 9,813.36 Adjusted Proposed Federal Rate ...... = $36,917.56 Proposed LTC–DRG 4 Relative Weight ...... × 1.2493 Total Adjusted Proposed Federal Prospective Payment (Before the Proposed Budget Neutrality Offset) ...... = $46,121.11 Proposed Budget Neutrality Offset ...... × 0.944 Total Proposed Federal Prospective Payment (With the Proposed Budget Neutrality Offset) ...... = $43,538.33

VIII. Transition Period payment rates. Furthermore, we believe payment under the LTCH PPS is based that the 5-year phase-in of the LTCH on two payment percentages—one based To provide a stable fiscal base for PPS allows LTCH personnel to develop on reasonable cost-based (TEFRA) LTCHs, under § 412.533, we proficiency with the LTC–DRG coding payments and the other based on the implemented a 5-year transition period system, resulting in improvement in the standard Federal prospective payment from reasonable cost-based quality of the data used for generating rate. The percentage of payment based reimbursement under the TEFRA our annual determination of relative on the LTCH PPS Federal rate increases system to a prospective payment based weights and payment rates. by 20 percentage points each year, while on industry-wide average operating and In accordance with § 412.533, the the TEFRA rate percentage decreases by capital-related costs. Under the average transition period for all hospitals subject 20 percentage points each year, for the pricing system, payment is not based on to the LTCH PPS begins with the the experience of an individual hospital. hospital’s first cost reporting period next 4 fiscal years. For cost reporting We believe that a 5-year phase-in will beginning on or after October 1, 2002 periods beginning on or after October 1, provide LTCHs time to adjust their and extends through the hospital’s last 2006, Medicare payment to LTCHs will operations and capital financing to the cost reporting period beginning before be determined entirely under the new LTCH PPS, which is based on October 1, 2007. During the 5-year Federal PPS methodology. The blend prospectively determined Federal transition period, a LTCH’s total percentages are as follows:

Reasonable Federal rate cost prin- Cost reporting periods beginning on or after percentage ciples rate percentage

October 1, 2002 ...... 20 80 October 1, 2003 ...... 40 60 October 1, 2004 ...... 60 40

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Reasonable Federal rate cost prin- Cost reporting periods beginning on or after percentage ciples rate percentage

October 1, 2005 ...... 80 20 October 1, 2006 ...... 100 0

For a cost reporting period that began periods beginning in FY 2003. For on or before the specified date (that is, on or after October 1, 2002, and before instance, the caps on the target amounts before November 1, 2002 for cost October 1, 2003 (FY 2003), the total for ‘‘existing’’ LTCHs provided for reporting periods that begin on or after payment for a LTCH is 80 percent of the under section 4414 of the BBA (see October 1, 2002 through November 30, amount calculated under reasonable § 413.40(c)(4)(iii)) for FYs 1998 through 2002 and on or before the 30th day cost principles for that specific LTCH 2002 will no longer be applicable for before the applicable cost reporting and 20 percent of the Federal cost reporting periods beginning in FY period begins for cost reporting periods prospective payment amount. For cost 2003. Thus, a LTCH’s target amount for beginning on or after December 1, 2002 reporting periods beginning on or after FYs 2003 and beyond will be through September 30, 2006), regardless October 1, 2003 and before October 1, determined by updating its prior year’s of any postmarks or anticipated delivery 2004 (Federal FY 2004), the total target amount (which for FY 2003 was dates. payment for a LTCH will be 60 percent subject to the FY 2002 cap). In addition, Notifications received, postmarked, or of the amount calculated under the 15-percent reduction to payments to delivered by other means after the reasonable cost principles for that LTCHs for capital-related costs provided specified date will not be accepted. If specific LTCH and 40 percent of the for under section 4412 of Pub. L. 105– the specified date falls on a day that the Federal prospective payment amount. 33 (§ 413.40(j)) is only applicable for postal service or other delivery sources We note that the proposed change in the portions of cost reporting periods are not open for business, the LTCH will effective date of the proposed 2004 occurring in FYs 1998 through FY 2002. be responsible for allowing sufficient LTCH PPS rate year update discussed in This reduction is no longer applicable time for the delivery of the request section III. of this preamble has no effect for cost reporting periods beginning in before the deadline. If a LTCH’s on the LTCH PPS transition period as FY 2003. Therefore, the TEFRA portion notification is not received timely, set forth in § 412.533(a). That is, LTCHs of a LTCH’s payment for capital-related payment will be based on the transition paid under the transition blend under costs during the LTCH PPS transition period rates. § 412.533(a), will receive those blended period is based on 100 percent of its for the entire 5-year transition period Medicare allowable capital costs. IX. Proposed Payments to New LTCHs (unless they elect payments based on As we discussed in the August 30, Under § 412.23(e)(4), for purposes of 100 percent of the Federal rate). 2002 final rule (67 FR 56038), in Medicare payment under the LTCH PPS, Furthermore, LTCHs paid under the implementing the PPS for LTCHs, one of we define a new LTCH as a provider of transition blend will receive the our goals is to transition hospitals to full inpatient hospital services that appropriate blend percentages of the prospective payments as soon as otherwise meets the qualifying criteria Federal and reasonable cost-based rate appropriate. Therefore, under for LTCHs, set forth in §§ 412.23(e)(1) for their entire cost reporting period as § 412.533(c), we allow a LTCH, which is and (e)(2) and, under present or prescribed in § 412.533(a)(1) through subject to a blended rate, to elect previous ownership (or both), and its (a)(5). For example, a LTCH with a cost payment based on 100 percent of the first cost reporting period as a LTCH reporting period beginning on July 1, Federal rate at the start of any of its cost begins on or after October 1, 2002. We 2003 (which is the LTCH’s first cost reporting periods during the 5-year also specify in § 412.500 that the LTCH reporting period since the transition period rather than PPS applies to hospitals with a cost implementation of the LTCH PPS) incrementally shifting from reasonable reporting period beginning on or after would receive payments based on 80 cost-based payments to prospective October 1, 2002. percent of the reasonable cost-based rate payments. Once a LTCH elects to be This definition of new LTCHs should and 20 percent of the Federal rate for its paid based on 100 percent of the Federal not be confused with those LTCHs first discharges occurring on or after July 1, rate, it will not be able to revert to the paid under the TEFRA payment system 2003 through June 30, 2004 (if the LTCH transition blend. For cost reporting for discharges occurring on or after does not elect payment based on 100 periods beginning on or after December October 1, 1997, described in section percent of the Federal rate). 1, 2002, and for the remainder of the 5- 1886(b)(7)(A) of the Act, added by The reasonable cost-based rate year transition period, a LTCH must section 4416 of Pub. L. 105–33. As percentage is a LTCH specific amount notify its fiscal intermediary in writing stated in § 413.40(f)(2)(ii), for cost that is based on the amount that the of its election on or before the 30th day reporting periods beginning on or after LTCH would have been paid (under prior to the start of the LTCH’s next cost October 1, 1997, the payment amount TEFRA) if the PPS were not reporting period. For example, a LTCH for a ‘‘new’’ (post-FY 1998) LTCH is the implemented. Medicare fiscal with a cost report period that begins on lower of the hospital’s net inpatient intermediaries will continue to compute October 15, 2003, must notify its fiscal operating cost per case or 110 percent of the LTCH reasonable cost-based intermediary in writing of an election the national median target amount payment amount according to before September 15, 2003. payment limit for hospitals in the same § 412.22(b) of the regulations and Under § 412.533(c)(2)(i), the class for cost reporting periods ending sections 1886(d) and (g) of the Act. We notification by the LTCH to make the during FY 1996, updated to the note that several reasonable cost-based election must be made in writing to the applicable cost reporting period (see 62 payment provisions that were Medicare fiscal intermediary. Under FR 46019, August 29, 1997). Under the previously in effect are no longer § 412.533(c)(2)(ii) and (iii), the PPS for LTCHs, those ‘‘new’’ LTCHs that effective, starting with cost reporting intermediary must receive the request meet the definition of ‘‘new’’ under

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§ 413.40(f)(2)(ii) and that have first cost its next cost reporting period on and may be eligible to receive reporting periods prior to October 1, September 1, 2003. At the beginning of accelerated payments as described in 2002, will be paid under the transition its second cost reporting period as a § 413.64(g). methodology described in § 412.533. LTCH (that is, September 1, 2003), this For those LTCHs that are paid during As noted above and in accordance LTCH would be subject to the transition the 5-year transition based on the with § 412.533(d), new LTCHs will not period in § 412.533(a)(1), because this blended transition methodology in participate in the 5-year transition from provision applies to cost reporting § 412.533 for cost reporting periods reasonable cost-based reimbursement to periods beginning on or after October 1, beginning on or after October 1, 2002, prospective payment. The transition 2002, and before October 1, 2003. Under and before October 1, 2006, the PIP period is intended to provide existing the blended payments of the transition amount is based on the transition blend. LTCHs time to adjust to payment under period in § 412.533(a)(1), 80 percent of For those LTCHs that are paid based on the new system. Since these new LTCHs payments for operating costs would be 100 percent of the standard Federal rate, with cost reporting periods beginning paid under the reasonable cost the PIP amount is based on the on or after October 1, 2002, would not principles, as described in estimated prospective payment for the have received payment under § 413.40(f)(2)(ii). (This hospital could year rather than on the estimated reasonable cost-based reimbursement also elect to be paid 100 percent of the reasonable cost-based reimbursement. for the delivery of LTCH services prior Federal rate for its cost reporting period We exclude outlier payments that are to the effective date of the LTCH PPS, beginning September 1, 2003.) paid upon submission of a discharge bill we do not believe that those new LTCHs X. Method of Payment from the PIP amounts. In addition, Part require a transition period in order to A costs that are not paid for under the Under § 412.513, a Medicare LTCH make adjustments to their operations LTCH PPS, including Medicare costs of patient is classified into a LTC–DRG and capital financing, as will LTCHs an approved medical education based on the principal diagnosis, up to that have been paid under reasonable program, bad debts, blood clotting eight additional (secondary) diagnoses, cost-based. factors, anesthesia services by hospital- For example, a ‘‘new’’ LTCH (post-FY and up to six procedures performed employed nonphysician anesthetists or 1998) that first began receiving payment during the stay, as well as age, sex, and obtained under arrangement, and the as a LTCH on October 1, 2001, will be discharge status of the patient. The costs of photocopying and mailing subject to the 110 percent of the median LTC–DRG is used to determine the medical records requested by a QIO, are target amount payment limit for LTCHs Federal prospective payment that the subject to the interim payment (in accordance with § 413.40(f)(2)(ii)) for LTCH will receive for the Medicare- provisions (§ 412.541(c)). both its FY 2002 (October 1, 2001 covered Part A services the LTCH through September 30, 2002) and FY furnished during the Medicare patient’s Under § 412.541(d), LTCHs with 2003 (October 1, 2002 through stay. Under § 412.541(a), the payment is unusually long lengths of stay and that September 30, 2003) cost reporting based on the submission of the are not receiving payment under the PIP periods. Assuming the hospital has not discharge bill. The discharge bill also method may bill on an interim basis (60 elected to be paid 100 percent of the provides data to allow for reclassifying days after an admission and at intervals Federal rate for its cost reporting period the stay from payment at the full LTC– of at least 60 days after the date of the beginning on October 1, 2002 (the first DRG rate to payment for a case as a first interim bill) and should include cost reporting period when the LTCH short-stay outlier (under § 412.529) or as any outlier payment determined as of will be subject to the PPS), the hospital an interrupted stay (under § 412.531), or the last day for which the services have would be paid under the transition to determine if the case will qualify for been billed. methodology whereby the LTCH’s a high-cost outlier payment (under XI. Monitoring reasonable cost-based portion of its § 412.525(a)). payment for operating costs (80 percent) Accordingly, the ICD–9–CM codes In the August 30, 2002 final rule (67 is limited by the 110 percent of the and other information used to determine FR 56014), we discussed our intent to median target amount payment limit for if an adjustment to the full LTC–DRG develop a monitoring system that will LTCHs under § 413.40(f)(2)(ii). For its payment is necessary (for example, assist us in evaluating the LTCH PPS. cost reporting period beginning on length of stay or interrupted stay status) Specifically we discussed the October 1, 2003 (which is the hospital’s are recorded by the LTCH on the monitoring of the various policies that third cost reporting period), under the Medicare patient’s discharge bill and we believed would provide equitable transition methodology, that LTCH’s submitted to the Medicare fiscal payment for stays that reflect less than reasonable cost-based portion of its intermediary for processing. The the full course of treatment and reduce payment for operating costs (60 percent) payment made represents payment in the incentives for inappropriate will be limited to its target amount as full, under § 412.521(b), for inpatient admissions, transfers, or premature determined under § 413.40(c)(4)(v). operating and capital-related costs, but discharges of patients that are present in Furthermore, if a hospital is designated not for the costs of an approved medical a discharge-based prospective payment as a LTCH on September 1, 2002, it education program, bad debts, blood system. We also stated our intent to would not be considered a new LTCH clotting factors, anesthesia services by collect and interpret data on changes in under § 412.23(e)(4), even if it had not hospital-employed nonphysician average lengths of stay under the PPS discharged any patients or received any anesthetists or obtained under for specific LTC–DRGs and the impact payments as of the implementation date arrangement, or the costs of of these changes on the Medicare of the LTCH PPS on October 1, 2002, photocopying and mailing medical program. We stated that if our data because its first cost reporting period records requested by a QIO, which are indicate that changes might be did not begin on or after October 1, costs paid outside the LTCH PPS. warranted, we may revisit these issues 2002. Thus, it would be paid according As under the previous (reasonable and consider proposing revisions to to § 413.40(f)(2)(ii) from September 1, cost-based) payment system, under these policies in the future. To this end, 2002 through August 30, 2003. This § 412.541(b) a LTCH may elect to be we have designed systems features that LTCH will not be subject to payments paid using the periodic interim payment will enable CMS and the fiscal under the LTCH PPS until the start of (PIP) method described in § 413.64(h) intermediary to track a beneficiary to

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and from a LTCH and to and from (major rules). We have determined that 4. Unfunded Mandates another Medicare provider. this proposed rule would not be a major Section 202 of the UMRA requires In that same final rule, we also rule within the meaning of Executive that agencies assess anticipated costs explained that, given that the only Order 12866 because the redistributive and benefits before issuing any unique requirement that distinguishes a effects do not constitute a shift of $100 proposed rule or any final rule preceded LTCH from other hospitals is an average million in any one year. As we discuss by a rule that may result in expenditures length of stay of greater than 25 days, in further detail below, and in section in any one year by State, local, or tribal we continue to be concerned about the VI.B.1.b. of the preamble of this governments, in the aggregate, or by the extent to which LTCH services and proposed rule, we are proposing that the private sector, of $110 million or more. patients differ from those services and proposed change to the LTCH PPS rate This proposed rule would not mandate patients treated in other Medicare update cycle be budget neutral. any requirements for State, local, or covered settings (for example, SNFs and Therefore, we estimate that there would tribal governments nor would it result IRFs) and how the LTCH PPS will affect be no budgetary impact for the Medicare in expenditures by the private sector of the access, quality, and costs across the program as a result of the proposed $110 million or more in any one year. health care continuum. Thus, we will change to the LTCH PPS rate update monitor trends in the supply and cycle. Based on the best available data 5. Federalism utilization of LTCHs and Medicare’s for 194 LTCHs, we estimate that the Executive Order 13132 establishes costs in LTCHs relative to other proposed 2.2 percent increase in the certain requirements that an agency Medicare providers. For example, we standard Federal rate for the proposed must meet when it promulgates a may conduct medical record reviews of 2004 LTCH PPS rate year would result proposed rule (and subsequent final Medicare patients to monitor changes in in $21.4 million and there are no rule) that imposes substantial direct service use (for example, ventilator use) significant redistributive effects among requirement costs on State and local over a LTCH episode of care and to any groups of hospitals. (Section VI.C.6. governments, preempts State law, or assess patterns in the average length of of this preamble includes an estimate of otherwise has Federalism implications. stay at the facility level. We will Medicare program payments for LTCH We have examined this proposed rule consider future changes to LTCH services.) under the criteria set forth in Executive coverage and payment policy based Order 13132 and have determined that 2. Regulatory Flexibility Act (RFA) upon the results of such analyses. this proposed rule will not have any The RFA requires agencies to analyze significant impact on the rights, roles, XII. Collection of Information and responsibilities of State, local, or Requirements options for regulatory relief of small businesses in issuing a proposed and tribal governments or preempt State This document does not impose final rule. For purposes of the RFA, law. information collection and small entities include small businesses, B. Anticipated Effects recordkeeping requirements. nonprofit organizations, and We discuss the impact of this Consequently, it need not be reviewed government agencies. Most hospitals proposed rule below in terms of its by the Office of Management and and most other providers and suppliers Budget under the authority of the fiscal impact on the Federal Medicare are small entities, either by nonprofit budget and on LTCHs. Paperwork Reduction Act of 1995. status or by having revenues of $25 XIII. Regulatory Impact Analysis million or less annually. For purposes of 1. Budgetary Impact the RFA, all hospitals are considered Section 123(a)(1) of Pub. L. 106–113 A. Introduction small entities. Medicare fiscal requires us to set the payment rates We have examined the impact of this intermediaries are not considered to be contained in this proposed rule such proposed rule as required by Executive small entities. Individuals and States are that total payments under the LTCH PPS Order 12866. We also have examined not included in the definition of a small are projected to equal the amount that the impacts of this proposed rule under entity. We certify that this proposed rule would have been paid if this PPS had the criteria of the Regulatory Flexibility would not have a significant impact on not been implemented. However, as Act (RFA) (Pub. L. 96–354), section a substantial number of small entities, discussed in greater detail in the August 1102(b) of the Social Security Act (the in accordance with RFA. 30, 2002 final rule (67 FR 56033–56036), Act), the Unfunded Mandates Reform 3. Impact on Rural Hospitals the FY 2003 standard Federal rate Act of 1995 (UMRA) (Pub. L. 104–4), ($34,956.15) was calculated as if all and Executive Order 13132 Section 1102(b) of the Social Security LTCHs will be paid based on 100 (Federalism). Act requires us to prepare a regulatory percent of the standard Federal rate in impact analysis if a proposed or final FY 2003. As discussed in section VI.C.6. 1. Executive Order 12866 rule may have a significant impact on of this proposed rule, we are applying Executive Order 12866 directs the operations of a substantial number a budget neutrality offset to payments to agencies to assess all costs and benefits of small rural hospitals. This analysis account for the monetary effect of the 5- of available regulatory alternatives and, must conform to the provisions of year transition period and the policy to if regulation is necessary, to select section 604 of the RFA. For purposes of permit LTCHs to elect to be paid based regulatory approaches that maximize section 1102(b) of the Act, we define a on 100 percent of the standard Federal net benefits (including potential small rural hospital as a hospital that is rate rather than a blend of Federal economic, environmental, public health located outside of an MSA and has prospective payments and reasonable and safety effects, distributive impacts, fewer than 100 beds. As discussed in cost-based payments during the and equity). A regulatory impact detail in section XIII.B. of this preamble, transition. The amount of the offset is analysis (RIA) must be prepared for this proposed rule would not have a equal to 1 minus the ratio of the proposed and final rules that constitute substantial impact on the seven rural estimated reasonable cost-based significant regulatory action, including hospitals for which data were available payments that would have been made if rules that have an economic effect of that have fewer than 100 beds and that the LTCH PPS had not been $100 million or more in any one year are located in rural areas. implemented, to the projected total

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Medicare program payments that would payment based on reasonable cost-based payments under the current reasonable be made under the transition principles. During the 5-year transition cost-based principles, we have both methodology and the option to elect period, payments to LTCHs are based on case-mix and cost data for 194 LTCHs. payment based on 100 percent of the an increasing percentage of the LTCH Thus, for the impact analyses reflecting Federal prospective payment rate. PPS Federal rate and a decreasing the applicable transition blend Our Office of the Actuary computed percentage of payment based on percentages of prospective payments an update factor to update LTCH PPS reasonable cost-based principles. and reasonable cost-based principle payments from the current rate period Section 412.533(c) provides for a one- payments and the option to elect (Federal FY 2003) to the proposed new time opportunity for LTCHs to elect payment based on 100 percent of the LTCH PPS rate year (July 1, 2003 payments based on 100 percent of the Federal rate (see Table VII. below), we through June 30, 2004). The proposed LTCH PPS Federal rate. used data from 194 LTCHs. However, LTCH PPS rate year overlaps the current In order to understand the impact of using cases from the FY 2001 MedPAR rate period by 3 months (July 1, 2003 the proposed changes to the LTCH PPS file, we had case-mix data for 250 through September 30, 2003). The discussed in this proposed rule on LTCHs. Cost data to determine current update for Federal FY 2003 is currently different categories of LTCHs for the payments under reasonable cost-based estimated at 3.5 percent and the proposed 2004 LTCH PPS rate year, it is principle payments are not needed to proposed update factor for the proposed necessary to estimate payments per simulate payments based on 100 percent 2004 LTCH PPS rate year is estimated at discharge under the current (Federal FY of the Federal rate. Therefore, for the 2.5 percent (as discussed in section 2003) LTCH PPS rates and factors (see impact analyses reflecting fully phased- VI.B. of the preamble of this proposed the August 30, 2002 final rule) and in prospective payments (see Table VIII. rule). Therefore, over the period from payments per discharge that would be below), we used data from 250 LTCHs. FY 2002 through the proposed 2004 made under the proposed LTCH PPS These impacts reflect the estimated LTCH PPS rate year (June 30, 2004), the rates and factors for the proposed 2004 ‘‘losses’’ or ‘‘gains’’ among the various cumulative increase would be 6.0 LTCH PPS rate year (July 1, 2003 classifications of providers for the 12- percent [1.035 * 1.025 = 1.060]. This through June 30, 2004). We also month period from October 1, 2002 cumulative increase matches (within evaluated the percent change in through September 30, 2003 (Federal FY rounding) the cumulative increase payments per discharge of estimated FY 2003) compared to the 12-month period calculated by using the index level in 2003 prospective payments to estimated from July 1, 2003 through June 30, 2004 the new proposed effective period and proposed 2004 LTCH PPS rate year (proposed 2004 LTCH PPS rate year). the index level in FY 2002, such that payments for each category of LTCHs. Proposed 2004 LTCH rate year having two separate updates result in Hospital groups were based on prospective payments were based on the the same cumulative update as if we characteristics provided in OSCAR data proposed standard Federal rate of had used a single update for the entire and FYs 1999 through 2000 cost report $35,726.64 and the hospital’s estimated 21-month period (October 1, 2002 data from HCRIS. Hospitals with case-mix based on FY 2001 claims data. through June 30, 2004). Thus, the incomplete characteristics were grouped Prospective payments for Federal FY proposed change to the proposed 2004 into the ‘‘unknown’’ category. Hospital 2003 were based on the standard LTCH PPS rate update cycle would not groups include: Federal rate of $34,956.15 and the same result in a higher or lower update than • Location: Large Urban/Other Urban/ FY 2001 claims data. would have been the case (except due Rural. 3. Calculation of Prospective Payments to rounding) if no change had been • Participation Date. made to the LTCH PPS update cycle. In • Ownership Control. To estimate payments under the addition, as discussed in section • Census Region. LTCH PPS, we simulated payments on VI.B.1.b. of the preamble of this • Bed Size. a case-by-case basis by applying the proposed rule, we proposed to apply a To estimate the impacts among the payment policy for short-stay outliers budget neutrality adjustment of 0.997 in various categories of providers during (as described in section VI.C.4.b. of this determining the proposed standard the transition period, it is imperative proposed rule) and the adjustments for Federal rate to account for the estimated that reasonable cost-based principle area wage differences (as described in $5.66 million budgetary impact for the payments and prospective payments section VI.C.1. of this proposed rule) Medicare program in FY 2003 as a result contain similar inputs. More and for the cost-of-living for Alaska and of the proposed change to LTCH PPS specifically, in the impact analysis Hawaii (as described in section VI.C.2. rate update cycle. showing the impact reflecting the of this proposed rule). Additional applicable transition blend percentages payments would also be made for high- 2. Impact on Providers of prospective payments and reasonable cost outlier cases (as described in The basic methodology for cost-based principle payments and the section VI.C.3. of this proposed rule). As determining a LTCH PPS payment is set option to elect payment based on 100 noted in section VI.C.5. of this proposed forth in the regulations at § 412.521 percent of the Federal rate (Table I rule, we are not proposing to make through § 412.525. In addition to the below), we estimated payments only for adjustments for geographic basic LTC–DRG payment (standard those providers that we are able to reclassification, indirect medical Federal rate x LTC–DRG relative calculate payments based on reasonable education costs, or a disproportionate weight), we make adjustments for cost-based principles. For example, if share of low-income patients. differences in area wage levels, cost-of- we did not have FYs 1996 through 1999 The adjustment for area wage living adjustment for Alaska and cost data for a LTCH, we were unable to differences for estimated FY 2003 Hawaii, and short-stay outliers. In determine an update to the LTCH’s payments was done by using the addition, LTCHs may also receive high- target amount to estimate payment applicable LTCH PPS wage index (one- cost outlier payments for those cases under the current reasonable cost-based fifth of the full FY 2002 acute care that qualify under the threshold principles. hospital inpatient wage index data, established each rate year. Section Using LTCH cases from the FY 2001 without taking into account geographic 412.533 provides for a 5-year transition MedPAR file and cost data from FYs reclassification under sections to fully prospective payments from 1996 through 2000 in HCRIS to estimate 1886(d)(8) and (d)(10) of the Act (see

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August 30, 2002, 67 FR 56057–56075). change in the transition blend 5-year transition methodology and For the estimated proposed 2004 LTCH percentage during the period from July election of payment based on 100 PPS rate year payments, we used a 1, 2003 through June 30, 2004. For percent of the Federal rate on Medicare weighted average of a LTCH’s applicable example during the 12-month period program payments (see section VI.C.6. wage index during the period from July from July 1, 2003 through June 30, 2004, of this proposed rule) to each LTCH’s 1, 2003, through June 30, 2004, since a provider with a cost reporting period estimated payments under the PPS for some providers may experience a beginning on October 1, 2002 (which is the proposed 2004 LTCH PPS rate year. change in the wage index phase-in paid under the 80/20 transition blend The impact based on our projection of percentage during the period from July (80 percent of payments based on whether a LTCH would be paid based 1, 2003 through June 30, 2004. For cost reasonable cost-based principles and 20 on the transition blend methodology or reporting periods beginning on or after percent of payments under the LTCH would elect payment based on 100 October 1, 2002 and before September PPS) beginning October 1, 2002) would percent of the Federal rate is shown 30, 2003, the applicable proposed LTCH have 3 months (July 1, 2003 through below in Table VII. wage index is one-fifth of the full FY September 30, 2003) under the 80/20 2002 acute care hospital inpatient wage blend and 9 months (October 1, 2003 In Table VIII. below, we also show the index data, without taking into account through June 30, 2004) of payment impact if the LTCH PPS were fully geographic reclassification under under the 60/40-transition blend (60 implemented; that is, as if there were an sections 1886(d)(8) and (d)(10) of the percent of payments based on immediate transition to fully Federal Act. For cost reporting periods reasonable cost-based principles and 40 prospective payments under the LTCH beginning on or after October 1, 2003 percent of payments under the LTCH PPS for Federal FY 2003 and the and before September 30, 2004, the PPS). (The 60 percent/40 percent blend proposed 2004 LTCH PPS rate year. applicable LTCH wage index would be would continue until the provider is Accordingly, the proposed 5.7 percent two-fifths of the full FY 2003 acute care cost report period beginning on October reduction to account for the 5-year hospital inpatient wage index data, 1, 2004.) In estimating blended transition methodology on LTCHs’ without taking into account geographic transition payments, we estimated Medicare program payments for the reclassification under sections payments based on reasonable cost- proposed 2004 LTCH PPS rate year and 1886(d)(8) and (d)(10) of the Act. based principles in accordance with the the 6.6 percent reduction to account for Therefore, a provider with a cost methodology in section 1886(b) of the the 5-year transition methodology on reporting period beginning October 1, Act. We compared the estimated LTCHs’ Medicare program payments 2003, would have 3 months of payments blended transition payment to the established for FY 2003 were not under the one-fifth wage index value LTCH’s estimated payment if it would applied to LTCHs’ estimated payments and 9 months of payment under the elect payment based on 100 percent of under the PPS. two-fifths wage index value. For this the Federal rate. If we estimated that a Tables VII. and VIII. below illustrate provider, we computed a blended wage LTCH would be paid more based on 100 index of 25 percent (3 months/12 percent of the Federal rate, we assumed the aggregate impact of the payment months) of the one-fifth wage index that it would elect to bypass the system among various classifications of value and 75 percent (9 months/12 transition methodology and to receive LTCHs. The first column, LTCH months) of the two-fifths wage index immediate prospective payments. Classification, identifies the type of value. Then we applied the 6.6 percent LTCH. The second column lists the We also calculated payments using reduction to payment to account for the number of LTCHs of each classification the applicable transition blend effect of the 5-year transition type; the third column identifies the percentages. For FY 2003, the applicable methodology and election of payment number of long-term care cases; and the transition blend percentage is 80 based on 100 percent of the Federal rate fourth column shows the estimated percent of payment based on reasonable on Medicare program payments payment per discharge for FY 2003; the cost-based principles and 20 percent of established in the August 30, 2002 final fifth column shows the estimated payment under the LTCH PPS. For the rule (67 FR 56034) to each LTCH’s payment per discharge for proposed proposed 2004 LTCH PPS rate year estimated payments under the PPS for 2004 LTCH PPS rate year; and the sixth based on the transition blend FY 2003. Similarly, we applied the column shows the percent change of FY percentages set forth in § 412.533(a), proposed 5.7 percent reduction to 2003 compared to proposed 2004 LTCH some providers may experience a payment to account for the effect of the PPS rate year.

TABLE VII.—PROJECTED IMPACT REFLECTING APPLICABLE TRANSITION BLEND PERCENTAGES OF PROPOSED PROSPEC- TIVE PAYMENTS AND REASONABLE COST-BASED (TEFRA) PAYMENTS AND OPTION TO ELECT PAYMENT BASED ON 100 PERCENT OF THE FEDERAL RATE 1 [FY 2003 Payments Compared to Proposed 2004 LTCH Prospective Payment System Rate Year]

Average pro- posed 2004 Average Fed- LTCH pro- LTCH classification Number of Number of eral FY 2003 spective pay- Percent LTCHs LTCH cases payment per ment system change case 2 rate year payment per case 3

All Providers ...... 194 71,811 $26,919 $27,227 1.1 By Location: Rural ...... 7 2,153 20,668 20,864 1.0 Urban ...... 187 69,658 27,113 27,424 1.1 Large ...... 113 47,705 27,445 27,742 1.1

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TABLE VII.—PROJECTED IMPACT REFLECTING APPLICABLE TRANSITION BLEND PERCENTAGES OF PROPOSED PROSPEC- TIVE PAYMENTS AND REASONABLE COST-BASED (TEFRA) PAYMENTS AND OPTION TO ELECT PAYMENT BASED ON 100 PERCENT OF THE FEDERAL RATE 1—Continued [FY 2003 Payments Compared to Proposed 2004 LTCH Prospective Payment System Rate Year]

Average pro- posed 2004 Average Fed- LTCH pro- Number of Number of eral FY 2003 spective pay- Percent LTCH classification LTCHs LTCH cases payment per ment system change case 2 rate year payment per case 3

Other ...... 74 21,953 26,391 26,733 1.3 By Participation Date: After October 1993 ...... 124 41,876 28,137 28,506 1.3 Before October 1983 ...... 16 7,836 20,060 20,270 1.0 October 1983—September 1993 ...... 45 19,990 27,194 27,427 0.9 Unknown ...... 9 2,109 25,636 25,791 0.6 By Ownership Control: Voluntary ...... 48 17,730 24,756 25,096 1.4 Proprietary ...... 136 51,626 27,688 27,990 1.1 Government ...... 10 2,455 26,371 26,587 0.8 By Census Region: New England ...... 14 9,487 20,146 20,320 0.9 Middle Atlantic ...... 9 3,276 28,519 28,714 0.7 South Atlantic ...... 20 6,571 31,310 31,660 1.1 East North Central ...... 33 9,057 28,964 29,238 0.9 East South Central ...... 10 2,863 25,761 25,905 0.6 West North Central ...... 11 2,898 26,611 26,947 1.3 West South Central ...... 71 30,248 26,147 26,479 1.3 Mountain ...... 15 2,491 28,399 28,933 1.9 Pacific ...... 11 4,920 34,145 34,608 1.4 By Bed Size: Beds: 0–24 ...... 17 2,453 29,299 29,570 0.9 Beds: 25–49 ...... 88 21,725 28,091 28,373 1.0 Beds: 50–74 ...... 24 8,209 28,492 28,659 0.6 Beds: 75–124 ...... 34 16,306 27,241 27,630 1.4 Beds: 125–199 ...... 21 13,820 24,579 24,856 1.1 Beds: 200+ ...... 9 9,218 25,231 25,636 1.6 Unknown ...... 1 80 7,787 8,043 3.3 1 These calculations take into account that some providers may experience a change in the blend percentage changes during the July 1, 2003 through June 30, 2004 rate cycle. For example, during the 12-month period of July 1, 2003 through June 30, 2004, a provider with a cost report- ing period beginning October 1 would have 3 months (July 1, 2003 through September 30, 2003) of payments under the 80/20 blend and 9 months (October 1, 2003 through June 30, 2004) of payment under the 60/40 blend. 2 Average payment per case for the 12-month period of October 1, 2002 through September 30, 2003. 3 Average payment per case for the 12-month period of July 1, 2003 through June 30, 2004.

TABLE VIII.—PROJECTED IMPACT REFLECTING THE FULLY PHASED-IN PROPOSED PROSPECTIVE PAYMENTS [FY 2003 Payments Compared to Proposed 2004 LTCH Prospective Payment System Rate Year Payments]

Average pro- posed 2004 Average Fed- LTCH pro- Number of Number of eral FY 2003 spective pay- Percent LTCH classification LTCHs LTCH cases payment per ment system change case 1 rate year payment per case 2

All Providers ...... 250 82,625 $26,367 $26,959 2.2 By Location: Rural ...... 16 4,674 20,851 21,191 1.6 Urban ...... 234 77,951 26,687 27,305 2.3 Large ...... 135 52,256 27,027 27,661 2.3 Other ...... 99 25,695 25,996 26,581 2.2 By Participation Date: After October 1993 ...... 177 51,656 27,308 27,822 1.9 Before October 1983 ...... 17 7,897 20,826 20,780 ¥0.2 October 1983—September 1993 ...... 45 20,004 26,724 27,719 3.7 Unknown ...... 11 3,068 22,178 23,400 5.5 By Ownership Control: Voluntary ...... 55 19,853 24,314 25,020 2.9 Proprietary ...... 148 54,269 27,490 28,027 2.0 Government ...... 47 8,503 23,893 24,672 3.3

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TABLE VIII.—PROJECTED IMPACT REFLECTING THE FULLY PHASED-IN PROPOSED PROSPECTIVE PAYMENTS—Continued [FY 2003 Payments Compared to Proposed 2004 LTCH Prospective Payment System Rate Year Payments]

Average pro- posed 2004 Average Fed- LTCH pro- Number of Number of eral FY 2003 spective pay- Percent LTCH classification LTCHs LTCH cases payment per ment system change case 1 rate year payment per case 2

By Census Region: New England ...... 16 9,609 21,094 20,937 ¥0.7 Middle Atlantic ...... 15 4,162 28,982 29,622 2.2 South Atlantic ...... 23 7,051 30,441 31,329 2.9 East North Central ...... 48 12,145 28,356 28,860 1.8 East South Central ...... 14 3,722 28,561 28,523 ¥0.1 West North Central ...... 16 3,769 26,347 27,094 2.8 West South Central ...... 87 33,971 24,560 25,363 3.3 Mountain ...... 19 2,993 26,529 27,705 4.4 Pacific ...... 12 5,203 33,836 34,369 1.6 By Bed Size: Beds: 0–24 ...... 21 3,073 27,130 28,027 3.3 Beds: 25–49 ...... 98 24,386 27,954 28,153 0.7 Beds: 50–74 ...... 27 9,310 27,556 27,665 0.4 Beds: 75–124 ...... 35 16,432 26,222 27,321 4.2 Beds: 125–199 ...... 21 13,838 24,945 25,564 2.5 Beds: 200+ ...... 11 9,518 25,041 26,099 4.2 Unknown ...... 37 6,068 23,354 24,095 3.2 1 Average payment per case for the 12-month period of October 1, 2002 through September 30, 2003. 2 Average payment per case for the 12-month period of July 1, 2003 through June 30, 2004.

4. Results which we labeled as an ‘‘Unknown’’ d. Census Region category. The majority, approximately We have prepared the following LTCHs located in most regions are 58 percent, of the LTCH cases are in summary of the impact (as shown in expected to experience an increase in hospitals that began participating after Table VII.) of the LTCH PPS set forth in payments per discharge percent from FY October 1993 and are projected to this proposed rule. 2003 compared to the proposed 2004 experience a 1.3 percent increase in LTCH PPS rate year. Specifically, of the a. Location payments per discharge percent from FY nine census regions, we expect that The majority of LTCHs are in urban 2003 compared to the proposed 2004 LTCHs in the Mountain region would areas. Approximately 3 percent of the LTCH PPS rate year. Approximately 11 experience the largest percent increase LTCHs are identified as being located in percent of the cases are in LTCHs that in payments per discharge percent from a rural area, and approximately 3 began participating in Medicare before FY 2003 compared to the proposed 2004 percent of all LTCH cases are treated in October 1983 and are projected to LTCH PPS rate year (1.9 percent). We these rural hospitals. Impact analysis in experience a 1.0 percent increase in expect LTCHs in the East South Central Table VII. shows that the percent change payments per discharge percent from FY region would experience the smallest in estimated payments per discharge for 2003 compared to the proposed 2004 percent increase in payments per FY 2003 compared to the proposed 2004 LTCH PPS rate year. (See Table VII.) discharge percent from FY 2003 LTCH PPS rate year for rural LTCHs c. Ownership Control compared to the proposed 2004 LTCH would be 1.0 percent, and would be 1.1 PPS rate year (0.6 percent). (See Table percent for urban LTCHs. Large urban LTCHs are grouped into three VII.) LTCHs are projected to experience a 1.1 categories based on ownership control e. Bed Size percent increase in payments per type—(1) voluntary; (2) proprietary; and discharge percent from FY 2003 (3) government. LTCHs were grouped into six compared to the proposed 2004 LTCH Approximately 25 percent of LTCHs categories based on bed size—0–24 PPS rate year, while other urban LTCHs are government run and we expect that beds, 25–49 beds, 50–74 beds, 75–124 projected to experience a 1.3 percent voluntary LTCHs would ‘‘gain’’ the most beds, 125–199 beds, and 200+ beds. We increase in payments per discharge from the proposed changes based on our did not have sufficient OSCAR data on percent from FY 2003 compared to the projection that they would experience a 1 LTCH, which we labeled as an proposed 2004 LTCH PPS rate year. (See 1.4 percent increase in payments per ‘‘Unknown’’ category. Table VII.) discharge from FY 2003 compared to the The percent increase in payments per proposed 2004 LTCH PPS rate year. discharge percent from FY 2003 b. Participation Date Government and proprietary LTCHs are compared to the proposed 2004 LTCH LTCHs are grouped by participation projected to experience a 0.8 percent PPS rate year are projected to increase date into three categories: (1) Before and 1.1 percent increase in payments for all bed size categories. Most LTCHs October 1983; (2) between October 1983 per discharge percent from FY 2003 were in bed size categories where the and September 1993; and (3) after compared to the proposed 2004 LTCH percent increase in payments per October 1993. We did not have PPS rate year, respectively. (See Table discharge from FY 2003 compared to the sufficient OSCAR data on 9 LTCHs, VII.) proposed 2004 LTCH PPS rate year is

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estimated to be greater than 1.0 percent. LTCHs, we will monitor payments and List of Subjects in 42 CFR Part 412 Other than the LTCH whose bed size is evaluate the ultimate accuracy of the Administrative practice and unknown, LTCHs with 200 or more beds assumptions used to calculate the procedure, Health facilities, Medicare, have the highest estimated percent budget neutrality calculations (for Puerto Rico, Reporting and change in payments per discharge example, inflation factors, intensity of recordkeeping requirements. percent from FY 2003 compared to the services provided, or behavioral proposed 2004 LTCH PPS rate year (1.6 response to the implementation of the In accordance with the discussion in percent), while LTCHs with between LTCH PPS). To the extent the this preamble, the Centers for Medicare 50–74 beds have the lowest projected assumptions significantly differ from & Medicaid Services proposes to amend increase in the percent change in actual experience, the aggregate amount 42 CFR chapter IV, part 412, as set forth payments per discharge percent from FY of actual payments may turn out to be below: 2003 compared to the proposed 2004 significantly higher or lower than the PART 412—PROSPECTIVE PAYMENT LTCH PPS rate year (0.6 percent). (See estimates on which the budget SYSTEMS FOR INPATIENT HOSPITAL Table VII.) neutrality calculations are based. SERVICES 5. Effect on the Medicare Program Section 123 of Pub. L. 106–113 and Based on actuarial projections section 307 of Pub. L. 106–554 provide 1. The authority citation for part 412 resulting from our experience with other the Secretary with extremely broad continues to read as follows: prospective payment systems, we authority in developing the LTCH PPS, Authority: Secs. 1102 and 1871 of the estimate that Medicare spending (total including the authority for appropriate Social Security Act (42 U.S.C. 1302 and Medicare program payments) for LTCH adjustments. In accordance with this 1395hh). services over the next 5 years would be broad authority, we may discuss in a 2. Section 412.22 is amended by as follows: future proposed rule a possible one-time revising paragraph (h)(2) and adding a prospective adjustment to the LTCH new paragraph (h)(6) to read as follows: Estimated PPS rates to maintain budget neutrality Proposed LTCH PPS rate payments year ($ in billions) so that the effect of the difference § 412.22 Excluded hospitals and hospital between actual payments and estimated units: General rules. 2004 ...... $2.17 payments for the first year of LTCH PPS * * * * * 2005 ...... 2.29 is not perpetuated in the PPS rates for (h) Satellite facilities. *** 2006 ...... 2.42 future years. As the LTCH PPS was only 2007 ...... 2.56 (2) Except as provided in paragraphs 2008 ...... 2.71 implemented for cost reporting periods (h)(3) and (h)(6) of this section, effective beginning on or after October 1, 2002, for cost reporting periods beginning on These estimates are based on the we do not yet have sufficient data to or after October 1, 1999, a hospital that current estimate of increase in the determine whether such an adjustment has a satellite facility must meet the excluded hospital market with capital is warranted. following criteria in order to be basket of 2.5 percent for proposed 2004 6. Effect on Medicare Beneficiaries excluded from the prospective payment LTCH PPS rate year (adjusted to account systems for any period: for the proposed change in the rate Under the LTCH PPS, hospitals will * * * * * update cycle discussed in section receive payment based on the average (6) The provisions of paragraph VI.B.1.b. of the preamble of this resources consumed by patients for each (h)(2)(i) of this section do not apply to proposed rule), 3.1 percent for proposed diagnosis. We do not expect any any long-term care hospital that is 2005 LTCH PPS rate year, 3.0 percent changes in the quality of care or access subject to the long-term care hospital for proposed 2006 LTCH PPS rate year, to services for Medicare beneficiaries prospective payment system under 2.9 percent for proposed 2007 LTCH under the LTCH PPS, but we expect that Subpart O of this part, effective for cost PPS rate year, and 3.0 percent for paying prospectively for LTCH services reporting periods occurring on or after proposed 2008 LTCH PPS rate year. We will enhance the efficiency of the October 1, 2002, and that elects to be currently estimate that there would be Medicare program. paid based on 100 percent of the Federal an increase in Medicare beneficiary prospective payment rate as specified in enrollment of 1.3 percent in proposed C. Executive Order 12866 § 412.533(c), beginning with the first 2004 LTCH PPS rate year, 1.6 percent in cost reporting period following that proposed 2005 LTCH PPS rate year, 1.9 In accordance with the provisions of election, or to a new long-term care percent in proposed 2006 LTCH PPS Executive Order 12866, this proposed hospital, as defined in § 412.23(e)(4). rate year, 2.0 percent in proposed 2007 rule was reviewed by the Office of LTCH PPS rate year, 2.1 percent in Management and Budget. 3. Section 412.503 is amended by adding a definition of ‘‘long-term care proposed 2008 LTCH PPS rate year, and XIV. Response to Public Comments an estimated increase in the total hospital prospective payment system number of LTCHs. Consistent with the Because of the large number of items rate year’’ in alphabetical order to read statutory requirement for budget of correspondence we normally receive as follows: neutrality, we intend for estimated on a proposed rule, we are not able to § 412.503 Definitions. aggregate payments under the LTCH acknowledge or respond to them * * * * * PPS in FY 2003 to equal the estimated individually. However, in preparing the aggregate payments that would be made final rule, we will consider all Long-term care hospital prospective if the LTCH PPS were not implemented. comments concerning the provisions of payment system rate year means the 12- Our methodology for estimating this proposed rule that we receive by month period of July 1 through June 30. payments for purposes of the budget the date and time specified in the DATES * * * * * neutrality calculations uses the best section of this preamble and respond to 4. Section 412.523 is amended by available data and necessarily reflects those comments in the preamble to that revising paragraphs (c)(3) and (d)(3) to assumptions. As we collect data from rule. read as follows:

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§ 412.523 Methodology for calculating the § 412.525 Adjustments to the Federal (ii) For discharges occurring on or Federal prospective payment rates. prospective payment. after July 1, 2003, short-stay outlier * * * * * (a) Adjustments for high-cost outliers. payments are subject to the provisions (1) CMS provides for an additional (c) * * * of § 412.84(i) and (m) for adjustments of payment to a long-term care hospital if cost-to-charge ratios. (3) Computation of the standard its estimated costs for a patient exceed * * * * * Federal rate. The standard Federal rate the adjusted LTC–DRG payment plus a is computed as follows: 7. Section 412.535 is revised to read fixed-loss amount. For each long-term as follows: (i) For FY 2003. Based on the updated care hospital rate year, CMS determines costs per discharge and estimated a fixed-loss amount that is the § 412.535 Publication of the Federal payments for FY 2003 determined in maximum loss that a hospital can incur prospective payment rates. paragraph (c)(2) of this section, CMS under the prospective payment system CMS publishes information pertaining computes a standard Federal rate for FY for a case with unusually high costs. to the long-term care hospital 2003 that reflects, as appropriate, the (2) The fixed-loss amount is prospective payment system effective adjustments described in paragraph (d) determined for the long-term care for each annual update in the Federal of this section. The FY 2003 standard hospital rate year using the LTC–DRG Register. Federal rate is effective for discharges relative weights that are in effect on July (a) Information on the unadjusted occurring in cost reporting periods 1 of the rate year. Federal payment rates and a description beginning on or after October 1, 2002 (3) The additional payment equals 80 of the methodology and data used to through June 30, 2003. percent of the difference between the calculate the payment rates are estimated cost of the patient care published on or before June 1 prior to (ii) For long-term care hospital (determined by multiplying the prospective payment system rate years the start of each long-term care hospital hospital-specific cost-to-charge ratios by prospective payment system rate year beginning July 1, 2003 and after. The the Medicare allowable covered charge) standard Federal rate for long-term care which begins July 1. and the sum of the adjusted Federal (b) Information on the LTC–DRG hospital prospective payment system prospective payment for the LTC–DRG classification and associated weighting rate years beginning July 1, 2003 and prospective payment system payment factors is published on or before August after will be the standard Federal rate and the fixed-loss amount. for the previous long-term care hospital (4)(i) For discharges occurring on or 1 prior to the beginning of each Federal prospective payment system rate year, after October 1, 2002 through June 30, fiscal year. updated by the increase factor described 2003, no retroactive adjustments will be (Catalog of Federal Domestic Assistance in paragraph (a)(2) of this section, and made to outlier payments upon cost Program No. 93.773, Medicare—Hospital adjusted as appropriate as described in report settlement to account for Insurance) paragraph (d) of this section. For the differences between the estimated cost- Dated: December 20, 2003. rate year from July 1, 2003 through June to-charge ratio and the actual cost-to- Thomas A. Scully, 30, 2004, the updated and adjusted charge ratio of the case. Administrator, Centers for Medicare & standard Federal rate will be offset by a (ii) For discharges occurring on or Medicaid Services. budget neutrality factor to account for after July 1, 2003, high-cost outlier Dated: February 14, 2003. payments are subject to the provisions updating the FY 2003 standard Federal Tommy G. Thompson, rate on July 1 rather than October 1. of § 412.84(i) and (m) for adjustments of Secretary. * * * * * cost-to-charge ratios. Addendum (d) * * * * * * * * 6. Section 412.529 is amended by: This addendum contains the tables (3) One-time prospective adjustment. A. Revising paragraph (c)(4). referred to throughout the preamble to The Secretary will review payments B. In paragraph (d), the term this proposed rule. The tables presented under this prospective payment system ‘‘LTCH’s’’ is removed and the term below are as follows: and may make a one-time prospective ‘‘long-term care hospital’s’’ is added in Table 1.—Proposed Long-Term Care adjustment to the long-term care its place. Hospital Wage Index for Urban Areas for hospital prospective payment system Discharges Occurring from July 1, 2003 rates by October 1, 2006, so that the § 412.529 Special payment provision for short-stay outliers. through June 30, 2004 effect of any significant difference Table 2.—Proposed Long-Term Care between actual payments and estimated * * * * * Hospital Wage Index for Rural Areas for payments for the first year of the long- (c) * * * (4)(i) For discharges occurring on or Discharges Occurring from July 1, 2003 term care hospital prospective payment after October 1, 2002 through June 30, through June 30, 2004 system is not perpetuated in the 2003, no retroactive adjustments will be Table 3.—Proposed LTC–DRG prospective payment rates for future made to short-stay outlier payments Relative Weights, Geometric Mean years. upon cost report settlement to account Length of Stay, and Short-Stay Five- * * * * * for differences between cost-to-charge Sixths Average Length of Stay for the 5. Section 412.525 is amended by ratio and the actual cost-to-charge ratio Period of July 1, 2003 through revising paragraph (a) to read as follows: of the case. September 30, 2003

TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004

1 2 Urban area Full ⁄5 ⁄5 MSA (Constituent counties) wage wage wage index 1 index 2 index 3

0040 ...... Abilene, TX

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Taylor, TX ...... 0.7792 0.9558 0.9117 0060 ...... Aguadilla, PR Aguada, PR Aguadilla, PR Moca, PR ...... 0.4587 0.8917 0.7835 0080 ...... Akron, OH Portage, OH Summit, OH ...... 0.9600 0.9920 0.9840 0120 ...... Albany, GA Dougherty, GA Lee, GA ...... 1.0594 1.0119 1.0238 0160 ...... Albany-Schenectady-Troy, NY Albany, NY Montgomery, NY Rensselaer, NY Saratoga, NY Schenectady, NY Schoharie, NY ...... 0.8384 0.9677 0.9354 0200 ...... Albuquerque, NM Bernalillo, NM Sandoval, NM Valencia, NM ...... 0.9315 0.9863 0.9726 0220 ...... Alexandria, LA Rapides, LA ...... 0.7859 0.9572 0.9144 0240 ...... Allentown-Bethlehem-Easton, PA Carbon, PA Lehigh, PA Northampton, PA 0.9735 0.9947 0.9894 0280 ...... Altoona, PA Blair, PA ...... 0.9225 0.9845 0.9690 0320 ...... Amarillo, TX Potter, TX Randall, TX ...... 0.9034 0.9807 0.9614 0380 ...... Anchorage, AK Anchorage, AK ...... 1.2358 1.0472 1.0943 0440 ...... Ann Arbor, MI Lenawee, MI Livingston, MI Washtenaw, MI ...... 1.1103 1.0221 1.0441 0450 ...... Anniston, AL Calhoun, AL ...... 0.8044 0.9609 0.9218 0460 ...... Appleton-Oshkosh-Neenah, WI Calumet, WI Outagamie, WI Winnebago, WI ...... 0.8997 0.9799 0.9599 0470 ...... Arecibo, PR Arecibo, PR Camuy, PR Hatillo, PR ...... 0.4337 0.8867 0.7735 0480 ...... Asheville, NC Buncombe, NC Madison, NC ...... 0.9876 0.9975 0.9950 0500 ...... Athens, GA Clarke, GA Madison, GA Oconee, GA ...... 1.0211 1.0042 1.0084 0520 ...... Atlanta, GA Barrow, GA Bartow, GA Carroll, GA Cherokee, GA Clayton, GA Cobb, GA Coweta, GA DeKalb, GA Douglas, GA Fayette, GA Forsyth, GA Fulton, GA

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Gwinnett, GA Henry, GA Newton, GA Paulding, GA Pickens, GA Rockdale, GA Spalding, GA Walton, GA ...... 0.9991 0.9998 0.9996 0560 ...... Atlantic-Cape May, NJ Atlantic, NJ Cape May, NJ ...... 1.1017 1.0203 1.0407 0580 ...... Auburn-Opelika, AL Lee, AL ...... 0.8325 0.9665 0.9330 0600 ...... Augusta-Aiken, GAÐSC Columbia, GA McDuffie, GA Richmond, GA Aiken, SC Edgefield, SC ...... 1.0264 1.0053 1.0106 0640 ...... Austin-San Marcos, TX Bastrop, TX Caldwell, TX Hays, TX Travis, TX Williamson, TX ...... 0.9637 0.9927 0.9855 0680 ...... Bakersfield, CA Kern, CA ...... 0.9877 0.9975 0.9951 0720 ...... Baltimore, MD Anne Arundel, MD Baltimore, MD Baltimore City, MD Carroll, MD Harford, MD Howard, MD Queen Anne’s, MD ...... 0.9929 0.9986 0.9972 0733 ...... Bangor, ME Penobscot, ME ...... 0.9664 0.9933 0.9866 0743 ...... Barnstable-Yarmouth, MA Barnstable, MA ...... 1.3202 1.0640 1.1281 0760 ...... Baton Rouge, LA Ascension, LA East Baton Rouge, LA Livingston, LA West Baton Rouge, LA ...... 0.8294 0.9659 0.9318 0840 ...... Beaumont-Port Arthur, TX Hardin, TX Jefferson, TX Orange, TX ...... 0.8324 0.9665 0.9330 0860 ...... Bellingham, WA Whatcom, WA ...... 1.2282 1.0456 1.0913 0870 ...... Benton Harbor, MI Berrien, MI ...... 0.8965 0.9793 0.9586 0875 ...... Bergen-Passaic, NJ Bergen, NJ Passaic, NJ ...... 1.2150 1.0430 1.0860 0880 ...... Billings, MT Yellowstone, MT ...... 0.9022 0.9804 0.9609 0920 ...... Biloxi-Gulfport-Pascagoula, MS Hancock, MS Harrison, MS Jackson, MS ...... 0.8757 0.9751 0.9503 0960 ...... Binghamton, NY Broome, NY Tioga, NY ...... 0.8341 0.9668 0.9336 1000 ...... Birmingham, AL Blount, AL Jefferson, AL St. Clair, AL Shelby, AL ...... 0.9222 0.9844 0.9689

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

1010 ...... Bismarck, ND Burleigh, ND Morton, ND ...... 0.7972 0.9594 0.9189 1020 ...... Bloomington, IN Monroe, IN ...... 0.8907 0.9781 0.9563 1040 ...... Bloomington-Normal, IL McLean, IL ...... 0.9109 0.9822 0.9644 1080 ...... Boise City, ID Ada, ID Canyon, ID ...... 0.9310 0.9862 0.9724 1123 ...... Boston-Worcester-Lawrence-Lowell-Brockton, MAÐNH (NH Hospitals) Bristol, MA Essex, MA Middlesex, MA Norfolk, MA Plymouth, MA Suffolk, MA Worcester, MA Hillsborough, NH Merrimack, NH Rockingham, NH Strafford, NH ...... 1.1229 1.0246 1.0492 1125 ...... Boulder-Longmont, CO Boulder, CO ...... 0.9689 0.9938 0.9876 1145 ...... Brazoria, TX Brazoria, TX ...... 0.8535 0.9707 0.9414 1150 ...... Bremerton, WA Kitsap, WA ...... 1.0944 1.0189 1.0378 1240 ...... Brownsville-Harlingen-San Benito, TX Cameron, TX ...... 0.8880 0.9776 0.9552 1260 ...... Bryan-College Station, TX Brazos, TX ...... 0.8821 0.9764 0.9528 1280 ...... Buffalo-Niagara Falls, NY Erie, NY Niagara, NY ...... 0.9365 0.9873 0.9746 1303 ...... Burlington, VT Chittenden, VT Franklin, VT Grand Isle, VT ...... 1.0052 1.0010 1.0021 1310 ...... Caguas, PR Caguas, PR Cayey, PR Cidra, PR Gurabo, PR San Lorenzo, PR ...... 0.4371 0.8874 0.7748 1320 ...... Canton-Massillon, OH Carroll, OH Stark, OH ...... 0.8932 0.9786 0.9573 1350 ...... Casper, WY Natrona, WY ...... 0.9690 0.9938 0.9876 1360 ...... Cedar Rapids, IA Linn, IA ...... 0.9056 0.9811 0.9622 1400 ...... Champaign-Urbana, IL Champaign, IL ...... 1.0635 1.0127 1.0254 1440 ...... Charleston-North Charleston, SC Berkeley, SC Charleston, SC Dorchester, SC ...... 0.9235 0.9847 0.9694 1480 ...... Charleston, WV Kanawha, WV Putnam, WV ...... 0.8898 0.9780 0.9559 1520 ...... Charlotte-Gastonia-Rock Hill, NCÐSC Cabarrus, NC Gaston, NC Lincoln, NC Mecklenburg, NC Rowan, NC Stanly, NC Union, NC

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

York, SC ...... 0.9875 0.9975 0.9950 1540 ...... Charlottesville, VA Albemarle, VA Charlottesville City, VA Fluvanna, VA Greene, VA ...... 1.0438 1.0088 1.0175 1560 ...... Chattanooga, TNÐGA Catoosa, GA Dade, GA Walker, GA Hamilton, TN Marion, TN ...... 0.8976 0.9795 0.9590 1580 ...... Cheyenne, WY Laramie, WY ...... 0.8628 0.9726 0.9451 1600 ...... Chicago, IL Cook, IL DeKalb, IL DuPage, IL Grundy, IL Kane, IL Kendall, IL Lake, IL McHenry, IL Will, IL ...... 1.1044 1.0209 1.0418 1620 ...... Chico-Paradise, CA Butte, CA ...... 0.9745 0.9949 0.9898 1640 ...... Cincinnati, OHÐKYÐIN Dearborn, IN Ohio, IN Boone, KY Campbell, KY Gallatin, KY Grant, KY Kenton, KY Pendleton, KY Brown, OH Clermont, OH Hamilton, OH Warren, OH ...... 0.9381 0.9876 0.9752 1660 ...... Clarksville-Hopkinsville, TNÐKY Christian, KY Montgomery, TN ...... 0.8406 0.9681 0.9362 1680 ...... Cleveland-Lorain-Elyria, OH Ashtabula, OH Cuyahoga, OH Geauga, OH Lake, OH Lorain, OH Medina, OH ...... 0.9670 0.9934 0.9868 1720 ...... Colorado Springs, CO El Paso, CO ...... 0.9916 0.9983 0.9966 1740 ...... Columbia, MO Boone, MO ...... 0.8496 0.9699 0.9398 1760 ...... Columbia, SC Lexington, SC Richland, SC ...... 0.9307 0.9861 0.9723 1800 ...... Columbus, GAÐAL Russell, AL Chattahoochee, GA Harris, GA Muscogee, GA ...... 0.8374 0.9675 0.9350 1840 ...... Columbus, OH Delaware, OH Fairfield, OH Franklin, OH Licking, OH Madison, OH Pickaway, OH ...... 0.9751 0.9950 0.9900 1880 ...... Corpus Christi, TX

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Nueces, TX San Patricio, TX ...... 0.8729 0.9746 0.9492 1890 ...... Corvallis, OR Benton, OR ...... 1.1453 1.0291 1.0581 1900 ...... Cumberland, MDÐWV (WV Hospital) Allegany, MD Mineral, WV ...... 0.7847 0.9569 0.9139 1920 ...... Dallas, TX Collin, TX Dallas, TX Denton, TX Ellis, TX Henderson, TX Hunt, TX Kaufman, TX Rockwall, TX ...... 0.9998 1.0000 0.9999 1950 ...... Danville, VA Danville City, VA Pittsylvania, VA ...... 0.8859 0.9772 0.9544 1960 ...... Davenport-Moline-Rock Island, IAÐIL Scott, IA Henry, IL Rock Island, IL ...... 0.8835 0.9767 0.9534 2000 ...... Dayton-Springfield, OH Clark, OH Greene, OH Miami, OH Montgomery, OH ...... 0.9282 0.9856 0.9713 2020 ...... Daytona Beach, FL Flagler, FL Volusia, FL ...... 0.9071 0.9814 0.9628 2030 ...... Decatur, AL Lawrence, AL Morgan, AL ...... 0.8973 0.9795 0.9589 2040 ...... Decatur, IL Macon, IL ...... 0.8055 0.9611 0.9222 2080 ...... Denver, CO Adams, CO Arapahoe, CO Denver, CO Douglas, CO Jefferson, CO ...... 1.0601 1.0120 1.0240 2120 ...... Des Moines, IA Dallas, IA Polk, IA Warren, IA ...... 0.8791 0.9758 0.9516 2160 ...... Detroit, MI Lapeer, MI Macomb, MI Monroe, MI Oakland, MI St. Clair, MI Wayne, MI ...... 1.0448 1.0090 1.0179 2180 ...... Dothan, AL Dale, AL Houston, AL ...... 0.8137 0.9627 0.9255 2190 ...... Dover, DE Kent, DE ...... 0.9356 0.9871 0.9742 2200 ...... Dubuque, IA Dubuque, IA ...... 0.8795 0.9759 0.9518 2240 ...... Duluth-Superior, MNÐWI St. Louis, MN Douglas, WI ...... 1.0368 1.0074 1.0147 2281 ...... Dutchess County, NY Dutchess, NY ...... 1.0684 1.0137 1.0274 2290 ...... Eau Claire, WI Chippewa, WI Eau Claire, WI ...... 0.8952 0.9790 0.9581 2320 ...... El Paso, TX

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

El Paso, TX ...... 0.9265 0.9853 0.9706 2330 ...... Elkhart-Goshen, IN Elkhart, IN ...... 0.9722 0.9944 0.9889 2335 ...... Elmira, NY Chemung, NY ...... 0.8416 0.9683 0.9366 2340 ...... Enid, OK Garfield, OK ...... 0.8376 0.9675 0.9350 2360 ...... Erie, PA Erie, PA ...... 0.8925 0.9785 0.9570 2400 ...... Eugene-Springfield, OR Lane, OR ...... 1.0944 1.0189 1.0378 2440 ...... Evansville-Henderson, INÐKY (IN Hospitals) Posey, IN Vanderburgh, IN Warrick, IN Henderson, KY ...... 0.8177 0.9635 0.9271 2520 ...... Fargo-Moorhead, NDÐMN Clay, MN Cass, ND ...... 0.9684 0.9937 0.9874 2560 ...... Fayetteville, NC Cumberland, NC ...... 0.8889 0.9778 0.9556 2580 ...... Fayetteville-Springdale-Rogers, AR Benton, AR Washington, AR ...... 0.8100 0.9620 0.9240 2620 ...... Flagstaff, AZÐUT Coconino, AZ Kane, UT ...... 1.0682 1.0136 1.0273 2640 ...... Flint, MI Genesee, MI ...... 1.1135 1.0227 1.0454 2650 ...... Florence, AL Colbert, AL Lauderdale, AL ...... 0.7792 0.9558 0.9117 2655 ...... Florence, SC Florence, SC ...... 0.8780 0.9756 0.9512 2670 ...... Fort Collins-Loveland, CO Larimer, CO ...... 1.0066 1.0013 1.0026 2680 ...... Ft. Lauderdale, FL Broward, FL ...... 1.0297 1.0059 1.0119 2700 ...... Fort Myers-Cape Coral, FL Lee, FL ...... 0.9680 0.9936 0.9872 2710 ...... Fort Pierce-Port St. Lucie, FL Martin, FL St. Lucie, FL ...... 0.9823 0.9965 0.9929 2720 ...... Fort Smith, ARÐOK Crawford, AR Sebastian, AR Sequoyah, OK ...... 0.7895 0.9579 0.9158 2750 ...... Fort Walton Beach, FL Okaloosa, FL ...... 0.9693 0.9939 0.9877 2760 ...... Fort Wayne, IN Adams, IN Allen, IN De Kalb, IN Huntington, IN Wells, IN Whitley, IN ...... 0.9457 0.9891 0.9783 2800 ...... Forth Worth-Arlington, TX Hood, TX Johnson, TX Parker, TX Tarrant, TX ...... 0.9446 0.9889 0.9778 2840 ...... Fresno, CA Fresno, CA Madera, CA ...... 1.0169 1.0034 1.0068 2880 ...... Gadsden, AL Etowah, AL ...... 0.8505 0.9701 0.9402 2900 ...... Gainesville, FL Alachua, FL ...... 0.9871 0.9974 0.9948 2920 ...... Galveston-Texas City, TX

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Galveston, TX ...... 0.9465 0.9893 0.9786 2960 ...... Gary, IN Lake, IN Porter, IN ...... 0.9584 0.9917 0.9834 2975 ...... Glens Falls, NY Warren, NY Washington, NY ...... 0.8281 0.9656 0.9312 2980 ...... Goldsboro, NC Wayne, NC ...... 0.8892 0.9778 0.9557 2985 ...... Grand Forks, NDÐMN Polk, MN Grand Forks, ND ...... 0.8897 0.9779 0.9559 2995 ...... Grand Junction, CO Mesa, CO ...... 0.9456 0.9891 0.9782 3000 ...... Grand Rapids-Muskegon-Holland, MI Allegan, MI Kent, MI Muskegon, MI Ottawa, MI ...... 0.9525 0.9905 0.9810 3040 ...... Great Falls, MT Cascade, MT ...... 0.8950 0.9790 0.9580 3060 ...... Greeley, CO Weld, CO ...... 0.9237 0.9847 0.9695 3080 ...... Green Bay, WI Brown, WI ...... 0.9502 0.9900 0.9801 3120 ...... Greensboro-Winston-Salem-High Point, NC Alamance, NC Davidson, NC Davie, NC Forsyth, NC Guilford, NC Randolph, NC Stokes, NC Yadkin, NC ...... 0.9282 0.9856 0.9713 3150 ...... Greenville, NC Pitt, NC ...... 0.9100 0.9820 0.9640 3160 ...... Greenville-Spartanburg-Anderson, SC Anderson, SC Cherokee, SC Greenville, SC Pickens, SC Spartanburg, SC ...... 0.9122 0.9824 0.9649 3180 ...... Hagerstown, MD Washington, MD ...... 0.9268 0.9854 0.9707 3200 ...... Hamilton-Middletown, OH Butler, OH ...... 0.9418 0.9884 0.9767 3240 ...... Harrisburg-Lebanon-Carlisle, PA Cumberland, PA Dauphin, PA Lebanon, PA Perry, PA ...... 0.9223 0.9845 0.9689 3283 ...... Hartford, CT Hartford, CT Litchfield, CT Middlesex, CT Tolland, CT ...... 1.1549 1.0310 1.0620 3285 ...... 2 Hattiesburg, MS Forrest, MS Lamar, MS ...... 0.7659 0.9532 0.9064 3290 ...... Hickory-Morganton-Lenoir, NC Alexander, NC Burke, NC Caldwell, NC Catawba, NC ...... 0.9028 0.9806 0.9611 3320 ...... Honolulu, HI Honolulu, HI ...... 1.1457 1.0291 1.0583 3350 ...... Houma, LA Lafourche, LA Terrebonne, LA ...... 0.8317 0.9663 0.9327

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

3360 ...... Houston, TX Chambers, TX Fort Bend, TX Harris, TX Liberty, TX Montgomery, TX Waller, TX ...... 0.9892 0.9978 0.9957 3400 ...... Huntington-Ashland, WVÐKYÐOH Boyd, KY Carter, KY Greenup, KY Lawrence, OH Cabell, WV Wayne, WV ...... 0.9636 0.9927 0.9854 3440 ...... Huntsville, AL Limestone, AL Madison, AL ...... 0.8903 0.9781 0.9561 3480 ...... Indianapolis, IN Boone, IN Hamilton, IN Hancock, IN Hendricks, IN Johnson, IN Madison, IN Marion, IN Morgan, IN Shelby, IN ...... 0.9717 0.9943 0.9887 3500 ...... Iowa City, IA Johnson, IA ...... 0.9587 0.9917 0.9835 3520 ...... Jackson, MI Jackson, MI ...... 0.9532 0.9906 0.9813 3560 ...... Jackson, MS Hinds, MS Madison, MS Rankin, MS ...... 0.8607 0.9721 0.9443 3580 ...... Jackson, TN Madison, TN Chester, TN ...... 0.9275 0.9855 0.9710 3600 ...... Jacksonville, FL Clay, FL Duval, FL Nassau, FL St. Johns, FL ...... 0.9381 0.9876 0.9752 3605 ...... Jacksonville, NC Onslow, NC ...... 0.8239 0.9648 0.9296 3610 ...... Jamestown, NY Chautauqua, NY ...... 0.7976 0.9595 0.9190 3620 ...... Janesville-Beloit, WI Rock, WI ...... 0.9849 0.9970 0.9940 3640 ...... Jersey City, NJ Hudson, NJ ...... 1.1190 1.0238 1.0476 3660 ...... Johnson City-Kingsport-Bristol, TNÐVA Carter, TN Hawkins, TN Sullivan, TN Unicoi, TN Washington, TN Bristol City, VA Scott, VA Washington, VA ...... 0.8268 0.9654 0.9307 3680 ...... Johnstown, PA Cambria, PA Somerset, PA ...... 0.8329 0.9666 0.9332 3700 ...... Jonesboro, AR Craighead, AR ...... 0.7749 0.9550 0.9100 3710 ...... Joplin, MO Jasper, MO Newton, MO ...... 0.8613 0.9723 0.9445 3720 ...... Kalamazoo-Battlecreek, MI

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Calhoun, MI Kalamazoo, MI Van Buren, MI ...... 1.0595 1.0119 1.0238 3740 ...... Kankakee, IL Kankakee, IL ...... 1.0790 1.0158 1.0316 3760 ...... Kansas City, KSÐMO Johnson, KS Leavenworth, KS Miami, KS Wyandotte, KS Cass, MO Clay, MO Clinton, MO Jackson, MO Lafayette, MO Platte, MO Ray, MO ...... 0.9736 0.9947 0.9894 3800 ...... Kenosha, WI Kenosha, WI ...... 0.9686 0.9937 0.9874 3810 ...... Killeen-Temple, TX Bell, TX Coryell, TX ...... 1.0399 1.0080 1.0160 3840 ...... Knoxville, TN Anderson, TN Blount, TN Knox, TN Loudon, TN Sevier, TN Union, TN ...... 0.8970 0.9794 0.9588 3850 ...... Kokomo, IN Howard, IN Tipton, IN ...... 0.8971 0.9794 0.9588 3870 ...... La Crosse, WIÐMN Houston, MN La Crosse, WI ...... 0.9400 0.9880 0.9760 3880 ...... Lafayette, LA Acadia, LA Lafayette, LA St. Landry, LA St. Martin, LA ...... 0.8452 0.9690 0.9381 3920 ...... Lafayette, IN Clinton, IN Tippecanoe, IN ...... 0.9278 0.9856 0.9711 3960 ...... Lake Charles, LA Calcasieu, LA ...... 0.7965 0.9593 0.9186 3980 ...... Lakeland-Winter Haven, FL Polk, FL ...... 0.9357 0.9871 0.9743 4000 ...... Lancaster, PA Lancaster, PA ...... 0.9078 0.9816 0.9631 4040 ...... Lansing-East Lansing, MI Clinton, MI Eaton, MI Ingham, MI ...... 0.9726 0.9945 0.9890 4080 ...... Laredo, TX Webb, TX ...... 0.8472 0.9694 0.9389 4100 ...... Las Cruces, NM Dona Ana, NM ...... 0.8745 0.9749 0.9498 4120 ...... Las Vegas, NVÐAZ Mohave, AZ Clark, NV Nye, NV ...... 1.1521 1.0304 1.0608 4150 ...... Lawrence, KS Douglas, KS ...... 0.8323 0.9665 0.9329 4200 ...... Lawton, OK Comanche, OK ...... 0.8315 0.9663 0.9326 4243 ...... Lewiston-Auburn, ME Androscoggin, ME ...... 0.9179 0.9836 0.9672 4280 ...... Lexington, KY Bourbon, KY

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Clark, KY Fayette, KY Jessamine, KY Madison, KY Scott, KY Woodford, KY ...... 0.8581 0.9716 0.9432 4320 ...... Lima, OH Allen, OH Auglaize, OH ...... 0.9483 0.9897 0.9793 4360 ...... Lincoln, NE Lancaster, NE ...... 0.9892 0.9978 0.9957 4400 ...... Little Rock-North Little Rock, AR Faulkner, AR Lonoke, AR Pulaski, AR Saline, AR ...... 0.9097 0.9819 0.9639 4420 ...... Longview-Marshall, TX Gregg, TX Harrison, TX Upshur, TX ...... 0.8629 0.9726 0.9452 4480 ...... Los Angeles-Long Beach, CA Los Angeles, CA ...... 1.2001 1.0400 1.0800 4520 ...... 1 Louisville, KYÐIN Clark, IN Floyd, IN Harrison, IN Scott, IN Bullitt, KY Jefferson, KY Oldham, KY ...... 0.9276 0.9855 0.9710 4600 ...... Lubbock, TX Lubbock, TX ...... 0.9646 0.9929 0.9858 4640 ...... Lynchburg, VA Amherst, VA Bedford, VA Bedford City, VA Campbell, VA Lynchburg City, VA ...... 0.9219 0.9844 0.9688 4680 ...... Macon, GA Bibb, GA Houston, GA Jones, GA Peach, GA Twiggs, GA ...... 0.9204 0.9841 0.9682 4720 ...... Madison, WI Dane, WI ...... 1.0467 1.0093 1.0187 4800 ...... Mansfield, OH Crawford, OH Richland, OH ...... 0.8900 0.9780 0.9560 4840 ...... Mayaguez, PR Anasco, PR Cabo Rojo, PR Hormigueros, PR Mayaguez, PR Sabana Grande, PR San German, PR ...... 0.4914 0.8983 0.7966 4880 ...... McAllen-Edinburg-Mission, TX Hidalgo, TX ...... 0.8428 0.9686 0.9371 4890 ...... Medford-Ashland, OR Jackson, OR ...... 1.0498 1.0100 1.0199 4900 ...... Melbourne-Titusville-Palm Bay, FL Brevard, FL ...... 1.0253 1.0051 1.0101 4920 ...... Memphis, TNÐARÐMS Crittenden, AR DeSoto, MS Fayette, TN Shelby, TN Tipton, TN ...... 0.8920 0.9784 0.9568 4940 ...... Merced, CA

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Merced, CA ...... 0.9742 0.9948 0.9897 5000 ...... Miami, FL Dade, FL ...... 0.9802 0.9960 0.9921 5015 ...... Middlesex-Somerset-Hunterdon, NJ Hunterdon, NJ Middlesex, NJ Somerset, NJ ...... 1.1213 1.0243 1.0485 5080 ...... Milwaukee-Waukesha, WI Milwaukee, WI Ozaukee, WI Washington, WI Waukesha, WI ...... 0.9893 0.9979 0.9957 5120 ...... Minneapolis-St. Paul, MNÐWI Anoka, MN Carver, MN Chisago, MN Dakota, MN Hennepin, MN Isanti, MN Ramsey, MN Scott, MN Sherburne, MN Washington, MN Wright, MN Pierce, WI St. Croix, WI ...... 1.0903 1.0181 1.0361 5140 ...... Missoula, MT Missoula, MT ...... 0.9157 0.9831 0.9663 5160 ...... Mobile, AL Baldwin, AL Mobile, AL ...... 0.8108 0.9622 0.9243 5170 ...... Modesto, CA Stanislaus, CA ...... 1.0498 1.0100 1.0199 5190 ...... Monmouth-Ocean, NJ Monmouth, NJ Ocean, NJ ...... 1.0674 1.0135 1.0270 5200 ...... Monroe, LA Ouachita, LA ...... 0.8137 0.9627 0.9255 5240 ...... Montgomery, AL Autauga, AL Elmore, AL Montgomery, AL ...... 0.7734 0.9547 0.9094 5280 ...... Muncie, IN Delaware, IN ...... 0.9284 0.9857 0.9714 5330 ...... Myrtle Beach, SC Horry, SC ...... 0.8976 0.9795 0.9590 5345 ...... Naples, FL Collier, FL ...... 0.9754 0.9951 0.9902 5360 ...... Nashville, TN Cheatham, TN Davidson, TN Dickson, TN Robertson, TN Rutherford TN Sumner, TN Williamson, TN Wilson, TN ...... 0.9578 0.9916 0.9831 5380 ...... Nassau-Suffolk, NY Nassau, NY Suffolk, NY ...... 1.3357 1.0671 1.1343 5483 ...... New Haven-Bridgeport-Stamford-Waterbury- Danbury, CT Fairfield, CT New Haven, CT ...... 1.2408 1.0482 1.0963 5523 ...... New London-Norwich, CT New London, CT ...... 1.1767 1.0353 1.0707 5560 ...... New Orleans, LA Jefferson, LA Orleans, LA

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Plaquemines, LA St. Bernard, LA St. Charles, LA St. James, LA St. John The Baptist, LA St. Tammany, LA ...... 0.9046 0.9809 0.9618 5600 ...... New York, NY Bronx, NY Kings, NY New York, NY Putnam, NY Queens, NY Richmond, NY Rockland, NY Westchester, NY ...... 1.4414 1.0883 1.1766 5640 ...... Newark, NJ Essex, NJ Morris, NJ Sussex, NJ Union, NJ Warren, NJ ...... 1.1381 1.0276 1.0552 5660 ...... Newburgh, NYÐPA Orange, NY Pike, PA ...... 1.1387 1.0277 1.0555 5720 ...... Norfolk-Virginia Beach-Newport News, VAÐNC Currituck, NC Chesapeake City, VA Gloucester, VA Hampton City, VA Isle of Wight, VA James City, VA Mathews, VA Newport News City, VA Norfolk City, VA Poquoson City, VA Portsmouth City, VA Suffolk City, VA Virginia Beach City VA Williamsburg City, VA York, VA ...... 0.8574 0.9715 0.9430 5775 ...... Oakland, CA Alameda, CA Contra Costa, CA ...... 1.5072 1.1014 1.2029 5790 ...... Ocala, FL Marion, FL ...... 0.9402 0.9880 0.9761 5800 ...... Odessa-Midland, TX Ector, TX Midland, TX ...... 0.9397 0.9879 0.9759 5880 ...... Oklahoma City, OK Canadian, OK Cleveland, OK Logan, OK McClain, OK Oklahoma, OK Pottawatomie, OK ...... 0.8900 0.9780 0.9560 5910 ...... Olympia, WA Thurston, WA ...... 1.0960 1.0192 1.0384 5920 ...... Omaha, NEÐIA Pottawattamie, IA Cass, NE Douglas, NE Sarpy, NE Washington, NE ...... 0.9978 0.9996 0.9991 5945 ...... Orange County, CA Orange, CA ...... 1.1474 1.0295 1.0590 5960 ...... Orlando, FL Lake, FL Orange, FL Osceola, FL

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Seminole, FL ...... 0.9640 0.9928 0.9856 5990 ...... Owensboro, KY Daviess, KY ...... 0.8344 0.9669 0.9338 6015 ...... Panama City, FL Bay, FL ...... 0.8865 0.9773 0.9546 6020 ...... Parkersburg-Marietta, WVÐOH Washington, OH Wood, WV ...... 0.8127 0.9625 0.9251 6080 ...... Pensacola, FL Escambia, FL Santa Rosa, FL ...... 0.8610 0.9722 0.9444 6120 ...... Peoria-Pekin, IL Peoria, IL Tazewell, IL Woodford, IL ...... 0.8739 0.9748 0.9496 6160 ...... Philadelphia, PAÐNJ Burlington, NJ Camden, NJ Gloucester, NJ Salem, NJ Bucks, PA Chester, PA Delaware, PA Montgomery, PA Philadelphia, PA ...... 1.0713 1.0143 1.0285 6200 ...... Phoenix-Mesa, AZ Maricopa, AZ Pinal, AZ ...... 0.9820 0.9964 0.9928 6240 ...... Pine Bluff, AR Jefferson, AR ...... 0.7962 0.9592 0.9185 6280 ...... Pittsburgh, PA Allegheny, PA Beaver, PA Butler, PA Fayette, PA Washington, PA Westmoreland, PA ...... 0.9365 0.9873 0.9746 6323 ...... Pittsfield, MA Berkshire, MA ...... 1.0235 1.0047 1.0094 6340 ...... Pocatello, ID Bannock, ID ...... 0.9372 0.9874 0.9749 6360 ...... Ponce, PR Guayanilla, PR Juana Diaz, PR Penuelas, PR Ponce, PR Villalba, PR Yauco, PR ...... 0.5169 0.9034 0.8068 6403 ...... Portland, ME Cumberland, ME Sagadahoc, ME York, ME ...... 0.9794 0.9959 0.9918 6440 ...... Portland-Vancouver, ORÐWA Clackamas, OR Columbia, OR Multnomah, OR Washington, OR Yamhill, OR Clark, WA ...... 1.0667 1.0133 1.0267 6483 ...... Providence-Warwick-Pawtucket, RI Bristol, RI Kent, RI Newport, RI Providence, RI Washington, RI ...... 1.0854 1.0171 1.0342 6520 ...... Provo-Orem, UT Utah, UT ...... 0.9984 0.9997 0.9994 6560 ...... Pueblo, CO Pueblo, CO ...... 0.8820 0.9764 0.9528

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

6580 ...... Punta Gorda, FL Charlotte, FL ...... 0.9218 0.9844 0.9687 6600 ...... Racine, WI Racine, WI ...... 0.9334 0.9867 0.9734 6640 ...... Raleigh-Durham-Chapel Hill, NC Chatham, NC Durham, NC Franklin, NC Johnston, NC Orange, NC Wake, NC ...... 0.9990 0.9998 0.9996 6660 ...... Rapid City, SD Pennington, SD ...... 0.8846 0.9769 0.9538 6680 ...... Reading, PA Berks, PA ...... 0.9295 0.9859 0.9718 6690 ...... Redding, CA Shasta, CA ...... 1.1135 1.0227 1.0454 6720 ...... Reno, NV Washoe, NV ...... 1.0648 1.0130 1.0259 6740 ...... Richland-Kennewick-Pasco, WA Benton, WA Franklin, WA ...... 1.1491 1.0298 1.0596 6760 ...... Richmond-Petersburg, VA Charles City County, VA Chesterfield, VA Colonial Heights City, VA Dinwiddie, VA Goochland, VA Hanover, VA Henrico, VA Hopewell City, VA New Kent, VA Petersburg City, VA Powhatan, VA Prince George, VA Richmond City, VA ...... 0.9477 0.9895 0.9791 6780 ...... Riverside-San Bernardino, CA Riverside, CA San Bernardino, CA ...... 1.1365 1.0273 1.0546 6800 ...... Roanoke, VA Botetourt, VA Roanoke, VA Roanoke City, VA Salem City, VA ...... 0.8614 0.9723 0.9446 6820 ...... Rochester, MN Olmsted, MN ...... 1.2139 1.0428 1.0856 6840 ...... Rochester, NY Genesee, NY Livingston, NY Monroe, NY Ontario, NY Orleans, NY Wayne, NY ...... 0.9194 0.9839 0.9678 6880 ...... Rockford, IL Boone, IL Ogle, IL Winnebago, IL ...... 0.9625 0.9925 0.9850 6895 ...... Rocky Mount, NC Edgecombe, NC Nash, NC ...... 0.9228 0.9846 0.9691 6920 ...... Sacramento, CA El Dorado, CA Placer, CA Sacramento, CA ...... 1.1500 1.0300 1.0600 6960 ...... Saginaw-Bay City-Midland, MI Bay, MI Midland, MI Saginaw, MI ...... 0.9650 0.9930 0.9860 6980 ...... St. Cloud, MN

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Benton, MN Stearns, MN ...... 0.9700 0.9940 0.9880 7000 ...... St. Joseph, MO Andrew, MO Buchanan, MO ...... 0.9544 0.9909 0.9818 7040 ...... St. Louis, MOÐIL Clinton, IL Jersey, IL Madison, IL Monroe, IL St. Clair, IL Franklin, MO Jefferson, MO Lincoln, MO St. Charles, MO St. Louis, MO St. Louis City, MO Warren, MO ...... 0.8855 0.9771 0.9542 7080 ...... Salem, OR Marion, OR Polk, OR ...... 1.0500 1.0100 1.0200 7120 ...... Salinas, CA Monterey, CA ...... 1.4623 1.0925 1.1849 7160 ...... Salt Lake City-Ogden, UT Davis, UT Salt Lake, UT Weber, UT ...... 0.9945 0.9989 0.9978 7200 ...... San Angelo, TX Tom Green, TX ...... 0.8374 0.9675 0.9350 7240 ...... San Antonio, TX Bexar, TX Comal, TX Guadalupe, TX Wilson, TX ...... 0.8753 0.9751 0.9501 7320 ...... San Diego, CA San Diego, CA ...... 1.1131 1.0226 1.0452 7360 ...... San Francisco, CA Marin, CA San Francisco, CA San Mateo, CA ...... 1.4142 1.0828 1.1657 7400 ...... San Jose, CA Santa Clara, CA ...... 1.4145 1.0829 1.1658 7440 ...... San Juan-Bayamon, PR Aguas Buenas, PR Barceloneta, PR Bayamon, PR Canovanas, PR Carolina, PR Catano, PR Ceiba, PR Comerio, PR Corozal, PR Dorado, PR Fajardo, PR Florida, PR Guaynabo, PR Humacao, PR Juncos, PR Los Piedras, PR Loiza, PR Luguillo, PR Manati, PR Morovis, PR Naguabo, PR Naranjito, PR Rio Grande, PR San Juan, PR Toa Alta, PR Toa Baja, PR

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Trujillo Alto, PR Vega Alta, PR Vega Baja, PR Yabucoa, PR ...... 0.4741 0.8948 0.7896 7460 ...... San Luis Obispo-Atascadero-Paso Robles, CA San Luis Obispo, CA ...... 1.1271 1.0254 1.0508 7480 ...... Santa Barbara-Santa Maria-Lompoc, CA Santa Barbara, CA ...... 1.0481 1.0096 1.0192 7485 ...... Santa Cruz-Watsonville, CA Santa Cruz, CA ...... 1.3646 1.0729 1.1458 7490 ...... Santa Fe, NM Los Alamos, NM Santa Fe, NM ...... 1.0712 1.0142 1.0285 7500 ...... Santa Rosa, CA Sonoma, CA ...... 1.3046 1.0609 1.1218 7510 ...... Sarasota-Bradenton, FL Manatee, FL Sarasota, FL ...... 0.9425 0.9885 0.9770 7520 ...... Savannah, GA Bryan, GA Chatham, GA Effingham, GA ...... 0.9376 0.9875 0.9750 7560 ...... Scranton—Wilkes-Barre-Hazleton, PA Columbia, PA Lackawanna, PA Luzerne, PA Wyoming, PA ...... 0.8599 0.9720 0.9440 7600 ...... Seattle-Bellevue-Everett, WA Island, WA King, WA Snohomish, WA ...... 1.1474 1.0295 1.0590 7610 ...... Sharon, PA Mercer, PA ...... 0.7869 0.9574 0.9148 7620 ...... Sheboygan, WI Sheboygan, WI ...... 0.8697 0.9739 0.9479 7640 ...... Sherman-Denison, TX Grayson, TX ...... 0.9255 0.9851 0.9702 7680 ...... Shreveport-Bossier City, LA Bossier, LA Caddo, LA Webster, LA ...... 0.8987 0.9797 0.9595 7720 ...... Sioux City, IAÐNE Woodbury, IA Dakota, NE ...... 0.9046 0.9809 0.9618 7760 ...... Sioux Falls, SD Lincoln, SD Minnehaha, SD ...... 0.9257 0.9851 0.9703 7800 ...... South Bend, IN St. Joseph, IN ...... 0.9802 0.9960 0.9921 7840 ...... Spokane, WA Spokane, WA ...... 1.0852 1.0170 1.0341 7880 ...... Springfield, IL Menard, IL Sangamon, IL ...... 0.8659 0.9732 0.9464 7920 ...... Springfield, MO Christian, MO Greene, MO Webster, MO ...... 0.8424 0.9685 0.9370 8003 ...... Springfield, MA Hampden, MA Hampshire, MA ...... 1.0927 1.0185 1.0371 8050 ...... State College, PA Centre, PA ...... 0.8941 0.9788 0.9576 8080 ...... Steubenville-Weirton, OHÐWV (WV Hospitals) Jefferson, OH Brooke, WV Hancock, WV ...... 0.8804 0.9761 0.9522 8120 ...... Stockton-Lodi, CA San Joaquin, CA ...... 1.0506 1.0101 1.0202

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

8140 ...... Sumter, SC Sumter, SC ...... 0.8273 0.9655 0.9309 8160 ...... Syracuse, NY Cayuga, NY Madison, NY Onondaga, NY Oswego, NY ...... 0.9714 0.9943 0.9886 8200 ...... Tacoma, WA Pierce, WA ...... 1.0940 1.0188 1.0376 8240 ...... Tallahassee, FL Gadsden, FL Leon, FL ...... 0.8504 0.9701 0.9402 8280 ...... Tampa-St. Petersburg-Clearwater, FL Hernando, FL Hillsborough, FL Pasco, FL Pinellas, FL ...... 0.9065 0.9813 0.9626 8320 ...... Terre Haute, IN Clay, IN Vermillion, IN Vigo, IN ...... 0.8599 0.9720 0.9440 8360 ...... Texarkana, AR-Texarkana, TX Miller, AR Bowie, TX ...... 0.8088 0.9618 0.9235 8400 ...... Toledo, OH Fulton, OH Lucas, OH Wood, OH ...... 0.9810 0.9962 0.9924 8440 ...... Topeka, KS Shawnee, KS ...... 0.9199 0.9840 0.9680 8480 ...... Trenton, NJ Mercer, NJ ...... 1.0432 1.0086 1.0173 8520 ...... Tucson, AZ Pima, AZ ...... 0.8911 0.9782 0.9564 8560 ...... Tulsa, OK Creek, OK Osage, OK Rogers, OK Tulsa, OK Wagoner, OK ...... 0.8332 0.9666 0.9333 8600 ...... Tuscaloosa, AL Tuscaloosa, AL ...... 0.8130 0.9626 0.9252 8640 ...... Tyler, TX Smith, TX ...... 0.9521 0.9904 0.9808 8680 ...... Utica-Rome, NY Herkimer, NY Oneida, NY ...... 0.8465 0.9693 0.9386 8720 ...... Vallejo-Fairfield-Napa, CA Napa, CA Solano, CA ...... 1.3354 1.0671 1.1342 8735 ...... Ventura, CA Ventura, CA ...... 1.1096 1.0219 1.0438 8750 ...... Victoria, TX Victoria, TX ...... 0.8756 0.9751 0.9502 8760 ...... Vineland-Millville-Bridgeton, NJ Cumberland, NJ ...... 1.0031 1.0006 1.0012 8780 ...... Visalia-Tulare-Porterville, CA Tulare, CA ...... 0.9418 0.9884 0.9767 8800 ...... Waco, TX McLennan, TX ...... 0.8073 0.9615 0.9229 8840 ...... Washington, DCÐMDÐVAÐWV District of Columbia, DC Calvert, MD Charles, MD Frederick, MD Montgomery, MD Prince Georges, MD Alexandria City, VA Arlington, VA

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TABLE 1.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR URBAN AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

Full 1⁄5 2⁄5 Urban area wage wage MSA (Constituent counties) wage index 1 index 2 index 3

Clarke, VA Culpeper, VA Fairfax, VA Fairfax City, VA Falls Church City, VA Fauquier, VA Fredericksburg City, VA King George, VA Loudoun, VA Manassas City, VA Manassas Park City, VA Prince William, VA Spotsylvania, VA Stafford, VA Warren, VA Berkeley, WV Jefferson, WV ...... 1.0851 1.0170 1.0340 8920 ...... Waterloo-Cedar Falls, IA Black Hawk, IA ...... 0.8069 0.9614 0.9228 8940 ...... Wausau, WI Marathon, WI ...... 0.9782 0.9956 0.9913 8960 ...... West Palm Beach-Boca Raton, FL Palm Beach, FL ...... 0.9939 0.9988 0.9976 9000 ...... Wheeling, WVÐOH Belmont, OH Marshall, WV Ohio, WV ...... 0.7670 0.9534 0.9068 9040 ...... Wichita, KS Butler, KS Harvey, KS Sedgwick, KS ...... 0.9520 0.9904 0.9808 9080 ...... Wichita Falls, TX Archer, TX Wichita, TX ...... 0.8498 0.9700 0.9399 9140 ...... Williamsport, PA Lycoming, PA ...... 0.8544 0.9709 0.9418 9160 ...... Wilmington-Newark, DEÐMD New Castle, DE Cecil, MD ...... 1.1173 1.0235 1.0469 9200 ...... Wilmington, NC New Hanover, NC Brunswick, NC ...... 0.9640 0.9928 0.9856 9260 ...... Yakima, WA Yakima, WA ...... 1.0569 1.0114 1.0228 9270 ...... Yolo, CA Yolo, CA ...... 0.9434 0.9887 0.9774 9280 ...... York, PA York, PA ...... 0.9026 0.9805 0.9610 9320 ...... Youngstown-Warren, OH Columbiana, OH Mahoning, OH Trumbull, OH ...... 0.9358 0.9872 0.9743 9340 ...... Yuba City, CA Sutter, CA Yuba, CA ...... 1.0276 1.0055 1.0110 9360 ...... Yuma, AZ Yuma, AZ 0.8589 0.9718 0.9436 1 Prereclassification wage index from Federal FY 2003 based on fiscal year 1999 audited acute care hospital inpatient wage data that excludes wages for services provided by teaching physicians, interns and residents, and nonphysician anesthetists under Part B of the Medicare program. 2 One-fifth of the full wage index value, applicable for LTCH’s cost reporting period beginning on or after October 1, 2002 through September 30, 2003 (Federal FY 2203). For example, for a LTCH’s cost reporting period begins during Federal in FY 2003 and located in Chicago, Illinois (MSA 1600), the 1⁄5 of the wage index value is computed as (1.1044 + 4)/5 = 1.0209. For further details on the 5-year phase-in of the wage index, see section VI.C.1. of this proposed rule. 3 Two-fifths of the full wage index value, applicable for LTCH’s cost reporting period beginning on or after October 1, 2003 through September 30, 2003 (Federal FY 2004). For example, for a LTCH’s cost reporting period begins during Federal in FY 2004 and located in Chicago, Illinois (MSA 1600), the 2⁄5 of the wage index value is computed as ((2*1.1044) + 3))/5 = 1.0418. For further details on the 5-year phase-in of the wage index, see section VI.C.1. of this proposed rule.

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TABLE 2.—PROPOSED LONG-TERM CARE HOSPITAL WAGE INDEX FOR RURAL AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004

Full 1⁄5 2⁄5 Nonurban area wage wage wage index 1 index 2 index 3

Alabama ...... 0.7660 0.9532 0.9064 Alaska ...... 1.2293 1.0459 1.0917 Arizona ...... 0.8493 0.9699 0.9397 Arkansas ...... 0.7666 0.9533 0.9066 California ...... 0.9899 0.9980 0.9960 Colorado ...... 0.9015 0.9803 0.9606 Connecticut ...... 1.2394 1.0479 1.0958 Delaware ...... 0.9128 0.9826 0.9651 Florida ...... 0.8827 0.9765 0.9531 Georgia ...... 0.8230 0.9646 0.9292 Hawaii ...... 1.0255 1.0051 1.0102 Idaho ...... 0.8747 0.9749 0.9499 Illinois ...... 0.8204 0.9641 0.9282 Indiana ...... 0.8755 0.9751 0.9502 Iowa ...... 0.8315 0.9663 0.9326 Kansas ...... 0.7900 0.9580 0.9160 Kentucky ...... 0.8079 0.9616 0.9232 Louisiana ...... 0.7580 0.9516 0.9032 Maine ...... 0.8874 0.9775 0.9550 Maryland ...... 0.8946 0.9789 0.9578 Massachusetts ...... 1.1288 1.0258 1.0515 Michigan ...... 0.9009 0.9802 0.9604 Minnesota ...... 0.9151 0.9830 0.9660 Mississippi ...... 0.7680 0.9536 0.9072 Missouri ...... 0.7881 0.9576 0.9152 Montana ...... 0.8481 0.9696 0.9392 Nebraska ...... 0.8204 0.9641 0.9282 Nevada ...... 0.9577 0.9915 0.9831 New Hampshire ...... 0.9839 0.9968 0.9936 New Jersey 4 ...... New Mexico ...... 0.8872 0.9774 0.9549 New York ...... 0.8542 0.9708 0.9417 North Carolina ...... 0.8669 0.9734 0.9468 North Dakota ...... 0.7788 0.9558 0.9115 Ohio ...... 0.8613 0.9723 0.9445 Oklahoma ...... 0.7590 0.9518 0.9036 Oregon ...... 1.0259 1.0052 1.0104 Pennsylvania ...... 0.8462 0.9692 0.9385 Puerto Rico ...... 0.4356 0.8871 0.7742 Rhode Island 4 ...... South Carolina ...... 0.8607 0.9721 0.9443 South Dakota ...... 0.7815 0.9563 0.9126 Tennessee ...... 0.7877 0.9575 0.9151 Texas ...... 0.7821 0.9564 0.9128 Utah ...... 0.9312 0.9862 0.9725 Vermont ...... 0.9345 0.9869 0.9738 Virginia ...... 0.8504 0.9701 0.9402 Washington ...... 1.0179 1.0036 1.0072 West Virginia ...... 0.7975 0.9595 0.9190 Wisconsin ...... 0.9162 0.9832 0.9665 Wyoming ...... 0.9007 0.9801 0.9603 1 Pre-reclassification wage index from Federal FY 2003 based on fiscal year 1999 audited acute care hospital inpatient wage data that exclude wages for services provided by teaching physicians, residents, and nonphysician anesthetists under Part B of the Medicare program. 2 One-fifth of the full wage index value, applicable for LTCH’s cost reporting period beginning on or after October 1, 2002 through September 30, 2003 (Federal FY 2203). For example, for a LTCH’s cost reporting period begins during Federal in FY 2003 and located in rural Illinois, the 1⁄5 of the wage index value is computed as (0.8204 + 4)/5 = 0.9641. For further details on the 5-year phase-in of the wage index, see section VI.C.1. of this proposed rule. 3 Two-fifths of the full wage index value, applicable for LTCH’s cost reporting period beginning on or after October 1, 2003 through September 30, 2003 (Federal FY 2004). For example, for a LTCH’s cost reporting period begins during Federal in FY 2004 and located in rural Illinois, the 2⁄5 of the wage index value is computed as ((2*0.8204) + 3))/5 = 0.9282. For further details on the 5-year phase-in of the wage index, see sec- tion VI.C.1. of this proposed rule. 4 All counties within the State are classified as urban.

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

1 ...... CRANIOTOMY AGE >17 W CC 5 ...... 1.8783 46.3 38.5 2 ...... CRANIOTOMY AGE > 17 W/O CC 5 ...... 1.8783 46.3 38.5 3 ...... CRANIOTOMY AGE 0Ð17* ...... 1.8783 46.3 38.5 4 ...... SPINAL PROCEDURES 4 ...... 1.2493 31.3 26.0 5 ...... EXTRACRANIAL VASCULAR PROCEDURES 4 ...... 1.2493 31.3 26.0 6 ...... CARPAL TUNNEL RELEASE* ...... 0.4055 16.8 14.0 7 ...... PERIPH & CRANIAL NERVE & OTHER NERV SYST PROC W CC ...... 1.7829 43.8 36.5 8 ...... PERIPH & CRANIAL NERVE & OTHER NERV SYST PROC W/O CC4 ...... 1.2493 31.3 26.0 9 ...... SPINAL DISORDERS & INJURIES ...... 1.4118 34.6 28.8 10 ...... NERVOUS SYSTEM NEOPLASMS W CC 7 ...... 0.8537 24.5 20.4 11 ...... NERVOUS SYSTEM NEOPLASMS W/O CC 7 ...... 0.8537 24.5 20.4 12 ...... DEGENERATIVE NERVOUS SYSTEM DISORDERS ...... 0.7773 27.1 22.5 13 ...... MULTIPLE SCLEROSIS & CEREBELLAR ATAXIA ...... 0.7207 25.6 21.3 14 ...... INTERCRANIAL HEMORRHAGE & STROKE W INFARCT ...... 0.8816 26.6 22.1 15 ...... NONSPECIFIC CVA & PRECEREBRAL OCCULUSION W/O INFARCT ...... 0.9053 29.4 24.5 16 ...... NONSPECIFIC CEREBROVASCULAR DISORDERS W CC ...... 0.8864 27.0 22.5 17 ...... NONSPECIFIC CEREBROVASCULAR DISORDERS W/O CC 2 ...... 0.6655 21.9 18.2 18 ...... CRANIAL & PERIPHERAL NERVE DISORDERS W CC ...... 0.7770 24.9 20.7 19 ...... CRANIAL & PERIPHERAL NERVE DISORDERS W/O CC ...... 0.5486 22.0 18.3 20 ...... NERVOUS SYSTEM INFECTION EXCEPT VIRAL MENINGITIS ...... 1.2331 29.3 24.4 21 ...... VIRAL MENINGITIS 1 ...... 0.4055 16.8 14.0 22 ...... HYPERTENSIVE ENCEPHALOPATHY 2 ...... 0.6655 21.9 18.2 23 ...... NONTRAUMATIC STUPOR & COMA ...... 0.9623 27.2 22.6 24 ...... SEIZURE & HEADACHE AGE >17 W CC ...... 0.8831 24.8 20.6 25 ...... SEIZURE & HEADACHE AGE >17 W/O CC ...... 0.4830 20.4 17.0 26 ...... SEIZURE & HEADACHE AGE 0Ð17* ...... 0.4055 16.8 14.0 27 ...... TRAUMATIC STUPOR & COMA, COMA >1 HR ...... 1.1126 31.6 26.3 28 ...... TRAUMATIC STUPOR & COMA, COMA <1 HR AGE>17 W CC ...... 1.1507 29.0 24.1 29 ...... TRAUMATIC STUPOR & COMA, COMA <1 HR AGE>17 W/O CC ...... 0.9268 27.2 22.6 30 ...... TRAUMATIC STUPOR & COMA, COMA <1 HR AGE 0Ð17* ...... 0.8284 23.3 19.4 31 ...... CONCUSSION AGE >17 W CC 2 ...... 0.6655 21.9 18.2 32 ...... CONCUSSION AGE >17 W/O CC* ...... 0.4055 16.8 14.0 33 ...... CONCUSSION AGE 0Ð17* ...... 0.4055 16.8 14.0 34 ...... OTHER DISORDERS OF NERVOUS SYSTEM W CC ...... 0.8385 25.1 20.9 35 ...... OTHER DISORDERS OF NERVOUS SYSTEM W/O CC ...... 0.6561 25.3 21.0 36 ...... RETINAL PROCEDURES* ...... 0.4055 16.8 14.0 37 ...... ORBITAL PROCEDURES* ...... 0.4055 16.8 14.0 38 ...... PRIMARY IRIS PROCEDURES* ...... 0.4055 16.8 14.0 39 ...... LENS PROCEDURES WITH OR WITHOUT VITRECTOMY* ...... 0.4055 16.8 14.0 40 ...... EXTRAOCULAR PROCEDURES EXCEPT ORBIT AGE >17* ...... 0.4055 16.8 14.0 41 ...... EXTRAOCULAR PROCEDURES EXCEPT ORBIT AGE 0Ð17* ...... 0.4055 16.8 14.0 42 ...... INTRAOCULAR PROCEDURES EXCEPT RETINA, IRIS & LENS* ...... 0.4055 16.8 14.0 43 ...... HYPHEMA 3 ...... 0.8284 23.3 19.4 44 ...... ACUTE MAJOR EYE INFECTIONS 2 ...... 0.6655 21.9 18.2 45 ...... NEUROLOGICAL EYE DISORDERS 1 ...... 0.4055 16.8 14.0 46 ...... OTHER DISORDERS OF THE EYE AGE >17 W CC 2 ...... 0.6655 21.9 18.2 47 ...... OTHER DISORDERS OF THE EYE AGE >17 W/O CC 1 ...... 0.4055 16.8 14.0 48 ...... OTHER DISORDERS OF THE EYE AGE 0Ð17* ...... 0.4055 16.8 14.0 49 ...... MAJOR HEAD & NECK PROCEDURES* ...... 1.8783 46.3 38.5 50 ...... SIALOADENECTOMY* ...... 0.6655 21.9 18.2 51 ...... SALIVARY GLAND PROCEDURES EXCEPT SIALOADENECTOMY* ...... 0.6655 21.9 18.2 52 ...... CLEFT LIP & PALATE REPAIR* ...... 0.6655 21.9 18.2 53 ...... SINUS & MASTOID PROCEDURES AGE >17* ...... 0.6655 21.9 18.2 54 ...... SINUS & MASTOID PROCEDURES AGE 0Ð17* ...... 0.6655 21.9 18.2 55 ...... MISCELLANEOUS EAR, NOSE, MOUTH & THROAT PROCEDURES 2 ...... 0.6655 21.9 18.2 56 ...... RHINOPLASTY* ...... 0.6655 21.9 18.2 57 ...... T&A PROC, EXCEPT TONSILLECTOMY &/OR ADENOIDECTOMY ONLY, AGE >17* ...... 0.6655 21.9 18.2 58 ...... T&A PROC, EXCEPT TONSILLECTOMY &/OR ADENOIDECTOMY ONLY, AGE 0Ð17* ...... 0.6655 21.9 18.2 59 ...... TONSILLECTOMY &/OR ADENOIDECTOMY ONLY, AGE >17* ...... 0.6655 21.9 18.2 60 ...... TONSILLECTOMY &/OR ADENOIDECTOMY ONLY, AGE 0Ð17* ...... 0.6655 21.9 18.2 61 ...... MYRINGOTOMY W TUBE INSERTION AGE >17 5 ...... 1.8783 46.3 38.5 62 ...... MYRINGOTOMY W TUBE INSERTION AGE 0Ð17* ...... 0.6655 21.9 18.2 63 ...... OTHER EAR, NOSE, MOUTH & THROAT O.R. PROCEDURES 5 ...... 1.8783 46.3 38.5 64 ...... EAR, NOSE, MOUTH & THROAT MALIGNANCY ...... 1.0447 25.5 21.2 65 ...... DYSEQUILIBRIUM ...... 0.5056 19.8 16.5 66 ...... EPISTAXIS 1 ...... 0.4055 16.8 14.0

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

67 ...... EPIGLOTTITIS 1 ...... 0.4055 16.8 14.0 68 ...... OTITIS MEDIA & URI AGE >17 W CC 3 ...... 0.8284 23.3 19.4 69 ...... OTITIS MEDIA & URI AGE >17 W/O CC 3 ...... 0.8284 23.3 19.4 70 ...... OTITIS MEDIA & URI AGE 0Ð17* ...... 0.4055 16.8 14.0 71 ...... LARYNGOTRACHEITIS* ...... 0.4055 16.8 14.0 72 ...... NASAL TRAUMA & DEFORMITY 1 ...... 0.4055 16.8 14.0 73 ...... OTHER EAR, NOSE, MOUTH & THROAT DIAGNOSES AGE >17 ...... 0.8097 23.7 19.7 74 ...... OTHER EAR, NOSE, MOUTH & THROAT DIAGNOSES AGE 0Ð17* ...... 0.4055 16.8 14.0 75 ...... MAJOR CHEST PROCEDURES 5 ...... 1.8783 46.3 38.5 76 ...... OTHER RESP SYSTEM O.R. PROCEDURES W CC ...... 2.7674 50.6 42.1 77 ...... OTHER RESP SYSTEM O.R. PROCEDURES W/O CC 5 ...... 1.8783 46.3 38.5 78 ...... PULMONARY EMBOLISM ...... 0.6348 20.5 17.0 79 ...... RESPIRATORY INFECTIONS & INFLAMMATIONS AGE >17 W CC ...... 0.8916 22.2 18.5 80 ...... RESPIRATORY INFECTIONS & INFLAMMATIONS AGE >17 W/O CC ...... 0.7947 22.8 19.0 81 ...... RESPIRATORY INFECTIONS & INFLAMMATIONS AGE 0Ð17* ...... 0.4055 16.8 14.0 82 ...... RESPIRATORY NEOPLASMS ...... 0.7976 20.9 17.4 83 ...... MAJOR CHEST TRAUMA W CC ...... 0.7384 24.8 20.6 84 ...... MAJOR CHEST TRAUMA W/O CC 1 ...... 0.4055 16.8 14.0 85 ...... PLEURAL EFFUSION W CC ...... 0.8207 23.6 19.6 86 ...... PLEURAL EFFUSION W/O CC ...... 0.6194 21.1 17.5 87 ...... PULMONARY EDEMA & RESPIRATORY FAILURE ...... 1.6597 32.3 26.9 88 ...... CHRONIC OBSTRUCTIVE PULMONARY DISEASE ...... 0.7532 20.9 17.4 89 ...... SIMPLE PNEUMONIA & PLEURISY AGE >17 W CC ...... 0.8533 23.6 19.6 90 ...... SIMPLE PNEUMONIA & PLEURISY AGE >17 W/O CC ...... 0.7921 23.0 19.1 91 ...... SIMPLE PNEUMONIA & PLEURISY AGE 0Ð17* ...... 0.8284 23.3 19.4 92 ...... INTERSTITIAL LUNG DISEASE W CC ...... 0.7251 19.1 15.9 93 ...... INTERSTITIAL LUNG DISEASE W/O CC ...... 0.5573 18.5 15.4 94 ...... PNEUMOTHORAX W CC ...... 0.7885 22.7 18.9 95 ...... PNEUMOTHORAX W/O CC 1 ...... 0.4055 16.8 14.0 96 ...... BRONCHITIS & ASTHMA AGE >17 W CC ...... 0.8173 24.2 20.1 97 ...... BRONCHITIS & ASTHMA AGE >17 W/O CC ...... 0.5940 17.9 14.9 98 ...... BRONCHITIS & ASTHMA AGE 0Ð17* ...... 0.4055 16.8 14.0 99 ...... RESPIRATORY SIGNS & SYMPTOMS W CC ...... 1.1164 27.3 22.7 100 ...... RESPIRATORY SIGNS & SYMPTOMS W/O CC ...... 1.0015 25.4 21.1 101 ...... OTHER RESPIRATORY SYSTEM DIAGNOSES W CC ...... 0.9763 23.4 19.5 102 ...... OTHER RESPIRATORY SYSTEM DIAGNOSES W/O CC ...... 0.9313 24.5 20.4 103 ...... HEART TRANSPLANT 6 ...... 0.0000 0.0 0.0 104 ...... CARDIAC VALVE & OTHER MAJOR CARDIOTHORACIC PROC W CARDIAC CATH* ...... 1.8783 46.3 38.5 105 ...... CARDIAC VALVE & OTHER MAJOR CARDIOTHORACIC PROC W/O CARDIAC CATH* ...... 1.8783 46.3 38.5 106 ...... CORONARY BYPASS W PTCA* ...... 1.8783 46.3 38.5 107 ...... CORONARY BYPASS W CARDIAC CATH* ...... 1.8783 46.3 38.5 108 ...... OTHER CARDIOTHORACIC PROCEDURES 2 ...... 0.6655 21.9 18.2 109 ...... CORONARY BYPASS W/O PTCA OR CARDIAC CATH* ...... 1.8783 46.3 38.5 110 ...... MAJOR CARDIOVASCULAR PROCEDURES W CC 5 ...... 1.8783 46.3 38.5 111 ...... MAJOR CARDIOVASCULAR PROCEDURES W/O CC 5 ...... 1.8783 46.3 38.5 113 ...... AMPUTATION FOR CIRC SYSTEM DISORDERS EXCEPT UPPER LIMB & TOE ...... 1.4103 36.9 30.7 114 ...... UPPER LIMB & TOE AMPUTATION FOR CIRC SYSTEM DISORDERS ...... 1.3377 40.2 33.5 115 ...... PRM CARD PACEM IMPL W AMI,HRT FAIL OR SHK,OR AICD LEAD OR GNRTR P 5 ...... 1.8783 46.3 38.5 116 ...... OTH PERM CARD PACEMAK IMPL OR PTCA W CORONARY ARTERY STENT IMPLNT 3 .... 0.8284 23.3 19.4 117 ...... CARDIAC PACEMAKER REVISION EXCEPT DEVICE REPLACEMENT* ...... 0.4055 16.8 14.0 118 ...... CARDIAC PACEMAKER DEVICE REPLACEMENT 1 ...... 0.4055 16.8 14.0 119 ...... VEIN LIGATION & STRIPPING* ...... 0.6655 21.9 18.2 120 ...... OTHER CIRCULATORY SYSTEM O.R. PROCEDURES ...... 1.4091 36.4 30.3 121 ...... CIRCULATORY DISORDERS W AMI & MAJOR COMP, DISCHARGED ALIVE ...... 0.7167 21.6 18.0 122 ...... CIRCULATORY DISORDERS W AMI W/O MAJOR COMP, DISCHARGED ALIVE ...... 0.5144 19.0 15.8 123 ...... CIRCULATORY DISORDERS W AMI, EXPIRED ...... 0.9412 20.9 17.4 124 ...... CIRCULATORY DISORDERS EXCEPT AMI, W CARD CATH & COMPLEX DIAG 3 ...... 0.8284 23.3 19.4 125 ...... CIRCULATORY DISORDERS EXCEPT AMI, W CARD CATH W/O COMPLEX DIAG 5 ...... 1.8783 46.3 38.5 126 ...... ACUTE & SUBACUTE ENDOCARDITIS ...... 0.7689 24.8 20.6 127 ...... HEART FAILURE & SHOCK ...... 0.7616 22.4 18.6 128 ...... DEEP VEIN THROMBOPHLEBITIS ...... 0.6042 20.8 17.3 129 ...... CARDIAC ARREST, UNEXPLAINED ...... 1.0534 20.9 17.4 130 ...... PERIPHERAL VASCULAR DISORDERS W CC ...... 0.7914 24.8 20.6 131 ...... PERIPHERAL VASCULAR DISORDERS W/O CC ...... 0.7081 23.7 19.7 132 ...... ATHEROSCLEROSIS W CC ...... 0.8183 21.8 18.1 133 ...... ATHEROSCLEROSIS W/O CC ...... 0.5484 18.5 15.4

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

134 ...... HYPERTENSION ...... 0.6985 24.0 20.0 135 ...... CARDIAC CONGENITAL & VALVULAR DISORDERS AGE >17 W CC ...... 0.7331 20.3 16.9 136 ...... CARDIAC CONGENITAL & VALVULAR DISORDERS AGE >17 W/O CC ...... 0.7075 21.0 17.5 137 ...... CARDIAC CONGENITAL & VALVULAR DISORDERS AGE 0Ð17* ...... 0.6655 21.9 18.2 138 ...... CARDIAC ARRHYTHMIA & CONDUCTION DISORDERS W CC ...... 0.7187 23.4 19.5 139 ...... CARDIAC ARRHYTHMIA & CONDUCTION DISORDERS W/O CC ...... 0.6482 20.4 17.0 140 ...... ANGINA PECTORIS ...... 0.7690 20.1 16.7 141 ...... SYNCOPE & COLLAPSE W CC ...... 0.6252 23.2 19.3 142 ...... SYNCOPE & COLLAPSE W/O CC ...... 0.5452 21.5 17.9 143 ...... CHEST PAIN ...... 0.7316 22.7 18.9 144 ...... OTHER CIRCULATORY SYSTEM DIAGNOSES W CC ...... 0.7870 21.9 18.2 145 ...... OTHER CIRCULATORY SYSTEM DIAGNOSES W/O CC ...... 0.7637 25.0 20.8 146 ...... RECTAL RESECTION W CC 4 ...... 1.2493 31.3 26.0 147 ...... RECTAL RESECTION W/O CC* ...... 1.2493 31.3 26.0 148 ...... MAJOR SMALL & LARGE BOWEL PROCEDURES W CC ...... 2.8488 47.6 39.6 149 ...... MAJOR SMALL & LARGE BOWEL PROCEDURES W/O CC 2 ...... 0.6655 21.9 18.2 150 ...... PERITONEAL ADHESIOLYSIS W CC 1 ...... 0.4055 16.8 14.0 151 ...... PERITONEAL ADHESIOLYSIS W/O CC* ...... 0.4055 16.8 14.0 152 ...... MINOR SMALL & LARGE BOWEL PROCEDURES W CC 4 ...... 1.2493 31.3 26.0 153 ...... MINOR SMALL & LARGE BOWEL PROCEDURES W/O CC* ...... 0.8284 23.3 19.4 154 ...... STOMACH, ESOPHAGEAL & DUODENAL PROCEDURES AGE >17 W CC 4 ...... 1.2493 31.3 26.0 155 ...... STOMACH, ESOPHAGEAL & DUODENAL PROCEDURES AGE >17 W/O CC* ...... 0.8284 23.3 19.4 156 ...... STOMACH, ESOPHAGEAL & DUODENAL PROCEDURES AGE 0Ð17* ...... 0.8284 23.3 19.4 157 ...... ANAL & STOMAL PROCEDURES W CC 1 ...... 0.4055 16.8 14.0 158 ...... ANAL & STOMAL PROCEDURES W/O CC* ...... 0.4055 16.8 14.0 159 ...... HERNIA PROCEDURES EXCEPT INGUINAL & FEMORAL AGE >17 W CC 4 ...... 1.2493 31.3 26.0 160 ...... HERNIA PROCEDURES EXCEPT INGUINAL & FEMORAL AGE >17 W/O CC* ...... 0.6655 21.9 18.2 161 ...... INGUINAL & FEMORAL HERNIA PROCEDURES AGE >17 W CC* ...... 0.6655 21.9 18.2 162 ...... INGUINAL & FEMORAL HERNIA PROCEDURES AGE >17 W/O CC* ...... 0.6655 21.9 18.2 163 ...... HERNIA PROCEDURES AGE 0Ð17* ...... 0.6655 21.9 18.2 164 ...... APPENDECTOMY W COMPLICATED PRINCIPAL DIAG W CC* ...... 0.8284 23.3 19.4 165 ...... APPENDECTOMY W COMPLICATED PRINCIPAL DIAG W/O CC* ...... 0.8284 23.3 19.4 166 ...... APPENDECTOMY W/O COMPLICATED PRINCIPAL DIAG W CC* ...... 0.6655 21.9 18.2 167 ...... APPENDECTOMY W/O COMPLICATED PRINCIPAL DIAG W/O CC* ...... 0.6655 21.9 18.2 168 ...... MOUTH PROCEDURES W CC 3 ...... 0.8284 23.3 19.4 169 ...... MOUTH PROCEDURES W/O CC* ...... 0.6655 21.9 18.2 170 ...... OTHER DIGESTIVE SYSTEM O.R. PROCEDURES W CC ...... 1.5543 35.0 29.1 171 ...... OTHER DIGESTIVE SYSTEM O.R. PROCEDURES W/O CC 3 ...... 0.8284 23.3 19.4 172 ...... DIGESTIVE MALIGNANCY W CC ...... 0.8553 24.2 20.1 173 ...... DIGESTIVE MALIGNANCY W/O CC ...... 0.5513 18.9 15.7 174 ...... G.I. HEMORRHAGE W CC ...... 0.8741 23.6 19.6 175 ...... G.I. HEMORRHAGE W/O CC ...... 0.8359 25.6 21.3 176 ...... COMPLICATED PEPTIC ULCER ...... 0.7661 24.4 20.3 177 ...... UNCOMPLICATED PEPTIC ULCER W CC 3 ...... 0.8284 23.3 19.4 178 ...... UNCOMPLICATED PEPTIC ULCER W/O CC 2 ...... 0.6655 21.9 18.2 179 ...... INFLAMMATORY BOWEL DISEASE ...... 1.0975 23.4 19.5 180 ...... G.I. OBSTRUCTION W CC ...... 0.8457 22.8 19.0 181 ...... G.I. OBSTRUCTION W/O CC ...... 0.5638 19.5 16.2 182 ...... ESOPHAGITIS, GASTROENT & MISC DIGEST DISORDERS AGE >17 W CC ...... 0.8829 25.9 21.5 183 ...... ESOPHAGITIS, GASTROENT & MISC DIGEST DISORDERS AGE >17 W/O CC ...... 0.6913 21.5 17.9 184 ...... ESOPHAGITIS, GASTROENT & MISC DIGEST DISORDERS AGE 0Ð17* ...... 0.6655 21.9 18.2 185 ...... DENTAL & ORAL DIS EXCEPT EXTRACTIONS & RESTORATIONS, AGE >17 3 ...... 0.8284 23.3 19.4 186 ...... DENTAL & ORAL DIS EXCEPT EXTRACTIONS & RESTORATIONS, AGE 0Ð17* ...... 0.8284 23.3 19.4 187 ...... DENTAL EXTRACTIONS & RESTORATIONS* ...... 0.8284 23.3 19.4 188 ...... OTHER DIGESTIVE SYSTEM DIAGNOSES AGE >17 W CC ...... 1.0490 24.2 20.1 189 ...... OTHER DIGESTIVE SYSTEM DIAGNOSES AGE >17 W/O CC ...... 0.5852 17.4 14.5 190 ...... OTHER DIGESTIVE SYSTEM DIAGNOSES AGE 0Ð17* ...... 0.6655 21.9 18.2 191 ...... PANCREAS, LIVER & SHUNT PROCEDURES W CC 5 ...... 1.8783 46.3 38.5 192 ...... PANCREAS, LIVER & SHUNT PROCEDURES W/O CC* ...... 1.2493 31.3 26.0 193 ...... BILIARY TRACT PROC EXCEPT ONLY CHOLECYST W OR W/O C.D.E. W CC 4 ...... 1.2493 31.3 26.0 194 ...... BILIARY TRACT PROC EXCEPT ONLY CHOLECYST W OR W/O C.D.E. W/O CC* ...... 0.8284 23.3 19.4 195 ...... CHOLECYSTECTOMY W C.D.E. W CC* ...... 0.8284 23.3 19.4 196 ...... CHOLECYSTECTOMY W C.D.E. W/O CC* ...... 0.8284 23.3 19.4 197 ...... CHOLECYSTECTOMY EXCEPT BY LAPAROSCOPE W/O C.D.E. W CC 5 ...... 1.8783 46.3 38.5 198 ...... CHOLECYSTECTOMY EXCEPT BY LAPAROSCOPE W/O C.D.E. W/O CC 5 ...... 1.8783 46.3 38.5 199 ...... HEPATOBILIARY DIAGNOSTIC PROCEDURE FOR MALIGNANCY 3 ...... 0.8284 23.3 19.4

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

200 ...... HEPATOBILIARY DIAGNOSTIC PROCEDURE FOR NON-MALIGNANCY 4 ...... 1.2493 31.3 26.0 201 ...... OTHER HEPATOBILIARY OR PANCREAS O.R. PROCEDURES 5 ...... 1.8783 46.3 38.5 202 ...... CIRRHOSIS & ALCOHOLIC HEPATITIS ...... 0.5736 18.4 15.3 203 ...... MALIGNANCY OF HEPATOBILIARY SYSTEM OR PANCREAS ...... 0.5897 18.2 15.1 204 ...... DISORDERS OF PANCREAS EXCEPT MALIGNANCY ...... 0.9444 22.1 18.4 205 ...... DISORDERS OF LIVER EXCEPT MALIG,CIRR,ALC HEPA W CC ...... 0.6825 21.5 17.9 206 ...... DISORDERS OF LIVER EXCEPT MALIG,CIRR,ALC HEPA W/O CC 2 ...... 0.6655 21.9 18.2 207 ...... DISORDERS OF THE BILIARY TRACT W CC ...... 0.6979 21.5 17.9 208 ...... DISORDERS OF THE BILIARY TRACT W/O CC 1 ...... 0.4055 16.8 14.0 209 ...... MAJOR JOINT & LIMB REATTACHMENT PROCEDURES OF LOWER EXTREMITY 5 ...... 1.8783 46.3 38.5 210 ...... HIP & FEMUR PROCEDURES EXCEPT MAJOR JOINT AGE >17 W CC 4 ...... 1.2493 31.3 26.0 211 ...... HIP & FEMUR PROCEDURES EXCEPT MAJOR JOINT AGE >17 W/O CC* ...... 0.8284 23.3 19.4 212 ...... HIP & FEMUR PROCEDURES EXCEPT MAJOR JOINT AGE 0Ð17* ...... 0.8284 23.3 19.4 213 ...... AMPUTATION FOR MUSCULOSKELETAL SYSTEM & CONN TISSUE DISORDERS ...... 1.2591 33.0 27.5 216 ...... BIOPSIES OF MUSCULOSKELETAL SYSTEM & CONNECTIVE TISSUE 4 ...... 1.2493 31.3 26.0 217 ...... WND DEBRID & SKN GRFT EXCEPT HAND,FOR MUSCSKELET & CONN TISS DIS ...... 1.3602 38.8 32.3 218 ...... LOWER EXTREM & HUMER PROC EXCEPT HIP,FOOT,FEMUR AGE >17 W CC 3 ...... 0.8284 23.3 19.4 219 ...... LOWER EXTREM & HUMER PROC EXCEPT HIP,FOOT,FEMUR AGE >17 W/O CC* ...... 0.8284 23.3 19.4 220 ...... LOWER EXTREM & HUMER PROC EXCEPT HIP,FOOT,FEMUR AGE 0Ð17* ...... 0.8284 23.3 19.4 223 ...... MAJOR SHOULDER/ELBOW PROC, OR OTHER UPPER EXTREMITY PROC W CC 4 ...... 1.2493 31.3 26.0 224 ...... SHOULDER,ELBOW OR FOREARM PROC,EXC MAJOR JOINT PROC, W/O CC 1 ...... 0.4055 16.8 14.0 225 ...... FOOT PROCEDURES 4 ...... 1.2493 31.3 26.0 226 ...... SOFT TISSUE PROCEDURES W CC 4 ...... 1.2493 31.3 26.0 227 ...... SOFT TISSUE PROCEDURES W/O CC 3 ...... 0.8284 23.3 19.4 228 ...... MAJOR THUMB OR JOINT PROC,OR OTH HAND OR WRIST PROC W CC* ...... 0.6655 21.9 18.2 229 ...... HAND OR WRIST PROC, EXCEPT MAJOR JOINT PROC, W/O CC 2 ...... 0.6655 21.9 18.2 230 ...... LOCAL EXCISION & REMOVAL OF INT FIX DEVICES OF HIP & FEMUR 1 ...... 0.4055 16.8 14.0 231 ...... LOCAL EXCISION & REMOVAL OF INT FIX DEVICES EXCEPT HIP & FEMUR 5 ...... 1.8783 46.3 38.5 232 ...... ARTHROSCOPY* ...... 0.4055 16.8 14.0 233 ...... OTHER MUSCULOSKELET SYS & CONN TISS O.R. PROC W CC 4 ...... 1.2493 31.3 26.0 234 ...... OTHER MUSCULOSKELET SYS & CONN TISS O.R. PROC W/O CC 1 ...... 0.4055 16.8 14.0 235 ...... FRACTURES OF FEMUR ...... 0.7540 28.5 23.7 236 ...... FRACTURES OF HIP & PELVIS ...... 0.7381 27.2 22.6 237 ...... SPRAINS, STRAINS, & DISLOCATIONS OF HIP, PELVIS & THIGH 2 ...... 0.6655 21.9 18.2 238 ...... OSTEOMYELITIS ...... 0.8275 27.5 22.9 239 ...... PATHOLOGICAL FRACTURES & MUSCULOSKELETAL & CONN TISS MALIGNANCY ...... 0.6689 21.9 18.2 240 ...... CONNECTIVE TISSUE DISORDERS W CC ...... 0.9260 26.0 21.6 241 ...... CONNECTIVE TISSUE DISORDERS W/O CC ...... 0.5805 22.7 18.9 242 ...... SEPTIC ARTHRITIS ...... 0.7725 26.3 21.9 243 ...... MEDICAL BACK PROBLEMS ...... 0.6596 23.4 19.5 244 ...... BONE DISEASES & SPECIFIC ARTHROPATHIES W CC ...... 0.5756 20.6 17.1 245 ...... BONE DISEASES & SPECIFIC ARTHROPATHIES W/O CC ...... 0.4426 17.5 14.5 246 ...... NON-SPECIFIC ARTHROPATHIES ...... 0.6053 21.4 17.8 247 ...... SIGNS & SYMPTOMS OF MUSCULOSKELETAL SYSTEM & CONN TISSUE ...... 0.5590 20.4 17.0 248 ...... TENDONITIS, MYOSITIS & BURSITIS ...... 0.7288 23.9 19.9 249 ...... AFTERCARE, MUSCULOSKELETAL SYSTEM & CONNECTIVE TISSUE ...... 0.8005 27.1 22.5 250 ...... FX, SPRN, STRN & DISL OF FOREARM, HAND, FOOT AGE >17 W CC ...... 0.8373 31.8 26.5 251 ...... FX, SPRN, STRN & DISL OF FOREARM, HAND, FOOT AGE >17 W/O CC ...... 0.6904 26.0 21.6 252 ...... FX, SPRN, STRN & DISL OF FOREARM, HAND, FOOT AGE 0Ð17* ...... 0.4055 16.8 14.0 253 ...... FX, SPRN, STRN & DISL OF UPARM,LOWLEG EX FOOT AGE >17 W CC ...... 0.8054 28.0 23.3 254 ...... FX, SPRN, STRN & DISL OF UPARM,LOWLEG EX FOOT AGE >17 W/O CC ...... 0.6999 26.4 22.0 255 ...... FX, SPRN, STRN & DISL OF UPARM,LOWLEG EX FOOT AGE 0Ð17* ...... 0.4055 16.8 14.0 256 ...... OTHER MUSCULOSKELETAL SYSTEM & CONNECTIVE TISSUE DIAGNOSES ...... 0.8002 25.1 20.9 257 ...... TOTAL MASTECTOMY FOR MALIGNANCY W CC 2 ...... 0.6655 21.9 18.2 258 ...... TOTAL MASTECTOMY FOR MALIGNANCY W/O CC* ...... 0.6655 21.9 18.2 259 ...... SUBTOTAL MASTECTOMY FOR MALIGNANCY W CC* ...... 0.6655 21.9 18.2 260 ...... SUBTOTAL MASTECTOMY FOR MALIGNANCY W/O CC* ...... 0.6655 21.9 18.2 261 ...... BREAST PROC FOR NON-MALIGNANCY EXCEPT BIOPSY & LOCAL EXCISION* ...... 0.4055 16.8 14.0 262 ...... BREAST BIOPSY & LOCAL EXCISION FOR NON-MALIGNANCY 1 ...... 0.4055 16.8 14.0 263 ...... SKIN GRAFT &/OR DEBRID FOR SKN ULCER OR CELLULITIS W CC ...... 1.5388 45.0 37.5 264 ...... SKIN GRAFT &/OR DEBRID FOR SKN ULCER OR CELLULITIS W/O CC ...... 1.1645 38.8 32.3 265 ...... SKIN GRAFT &/OR DEBRID EXCEPT FOR SKIN ULCER OR CELLULITIS W CC ...... 1.6569 45.6 38.0 266 ...... SKIN GRAFT &/OR DEBRID EXCEPT FOR SKIN ULCER OR CELLULITIS W/O CC 3 ...... 0.8284 23.3 19.4 267 ...... PERIANAL & PILONIDAL PROCEDURES* ...... 0.4055 16.8 14.0 268 ...... SKIN, SUBCUTANEOUS TISSUE & BREAST PLASTIC PROCEDURES 4 ...... 1.2493 31.3 26.0 269 ...... OTHER SKIN, SUBCUT TISS & BREAST PROC W CC ...... 1.3915 41.7 34.7

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

270 ...... OTHER SKIN, SUBCUT TISS & BREAST PROC W/O CC ...... 1.3879 41.6 34.6 271 ...... SKIN ULCERS ...... 0.9714 31.1 25.9 272 ...... MAJOR SKIN DISORDERS W CC ...... 0.6846 21.0 17.5 273 ...... MAJOR SKIN DISORDERS W/O CC 2 ...... 0.6655 21.9 18.2 274 ...... MALIGNANT BREAST DISORDERS W CC 7 ...... 0.7872 22.0 18.3 275 ...... MALIGNANT BREAST DISORDERS W/O CC 7 ...... 0.7872 22.0 18.3 276 ...... NON-MALIGANT BREAST DISORDERS 2 ...... 0.6655 21.9 18.2 277 ...... CELLULITIS AGE >17 W CC ...... 0.7704 24.4 20.3 278 ...... CELLULITIS AGE >17 W/O CC ...... 0.6353 22.4 18.6 279 ...... CELLULITIS AGE 0Ð17* ...... 0.6655 21.9 18.2 280 ...... TRAUMA TO THE SKIN, SUBCUT TISS & BREAST AGE >17 W CC ...... 1.0097 30.9 25.7 281 ...... TRAUMA TO THE SKIN, SUBCUT TISS & BREAST AGE >17 W/O CC ...... 0.7363 27.4 22.8 282 ...... TRAUMA TO THE SKIN, SUBCUT TISS & BREAST AGE 0Ð17* ...... 0.6655 21.9 18.2 283 ...... MINOR SKIN DISORDERS W CC ...... 0.8574 24.8 20.6 284 ...... MINOR SKIN DISORDERS W/O CC 1 ...... 0.4055 16.8 14.0 285 ...... AMPUTAT OF LOWER LIMB FOR ENDOCRINE,NUTRIT,& METABOL DISORDERS ...... 1.3692 31.7 26.4 286 ...... ADRENAL & PITUITARY PROCEDURES* ...... 1.2493 31.3 26.0 287 ...... SKIN GRAFTS & WOUND DEBRID FOR ENDOC, NUTRIT & METAB DISORDERS ...... 1.3195 39.6 33.0 288 ...... O.R. PROCEDURES FOR OBESITY 5 ...... 1.8783 46.3 38.5 289 ...... PARATHYROID PROCEDURES* ...... 0.4055 16.8 14.0 290 ...... THYROID PROCEDURES 1 ...... 0.4055 16.8 14.0 291 ...... THYROGLOSSAL PROCEDURES* ...... 0.4055 16.8 14.0 292 ...... OTHER ENDOCRINE, NUTRIT & METAB O.R. PROC W CC 4 ...... 1.2493 31.3 26.0 293 ...... OTHER ENDOCRINE, NUTRIT & METAB O.R. PROC W/O CC* ...... 0.6655 21.9 18.2 294 ...... DIABETES AGE >35 ...... 0.7678 25.1 20.9 295 ...... DIABETES AGE 0-35 3 ...... 0.8284 23.3 19.4 296 ...... NUTRITIONAL & MISC METABOLIC DISORDERS AGE >17 W CC ...... 0.7710 24.3 20.2 297 ...... NUTRITIONAL & MISC METABOLIC DISORDERS AGE >17 W/O CC ...... 0.6321 21.1 17.5 298 ...... NUTRITIONAL & MISC METABOLIC DISORDERS AGE 0Ð17* ...... 0.6655 21.9 18.2 299 ...... INBORN ERRORS OF METABOLISM 3 ...... 0.8284 23.3 19.4 300 ...... ENDOCRINE DISORDERS W CC ...... 0.8670 23.3 19.4 301 ...... ENDOCRINE DISORDERS W/O CC 1 ...... 0.4055 16.8 14.0 302 ...... KIDNEY TRANSPLANT 6 ...... 0.0000 0.0 0.0 303 ...... KIDNEY, URETER & MAJOR BLADDER PROCEDURES FOR NEOPLASM 5 ...... 1.8783 46.3 38.5 304 ...... KIDNEY, URETER & MAJOR BLADDER PROC FOR NON-NEOPL W CC 4 ...... 1.2493 31.3 26.0 305 ...... KIDNEY, URETER & MAJOR BLADDER PROC FOR NON-NEOPL W/O CC 2 ...... 0.6655 21.9 18.2 306 ...... PROSTATECTOMY W CC 3 ...... 0.8284 23.3 19.4 307 ...... PROSTATECTOMY W/O CC 1 ...... 0.4055 16.8 14.0 308 ...... MINOR BLADDER PROCEDURES W CC 3 ...... 0.8284 23.3 19.414.0 309 ...... MINOR BLADDER PROCEDURES W/O CC* ...... 0.4055 16.8 26.0 310 ...... TRANSURETHRAL PROCEDURES W CC 4 ...... 1.2493 31.3 14.0 311 ...... TRANSURETHRAL PROCEDURES W/O CC 1 ...... 0.4055 16.8 38.5 312 ...... URETHRAL PROCEDURES, AGE >17 W CC 5 ...... 1.8783 46.3 14.0 313 ...... URETHRAL PROCEDURES, AGE >17 W/O CC* ...... 0.4055 16.8 14.0 314 ...... URETHRAL PROCEDURES, AGE 0Ð17* ...... 0.4055 16.8 14.0 315 ...... OTHER KIDNEY & URINARY TRACT O.R. PROCEDURES ...... 1.5800 39.5 32.9 316 ...... RENAL FAILURE ...... 0.9308 24.1 20.0 317 ...... ADMIT FOR RENAL DIALYSIS 4 ...... 1.2493 31.3 26.0 318 ...... KIDNEY & URINARY TRACT NEOPLASMS W CC ...... 0.8075 21.5 17.9 319 ...... KIDNEY & URINARY TRACT NEOPLASMS W/O CC 2 ...... 0.6655 21.9 18.2 320 ...... KIDNEY & URINARY TRACT INFECTIONS AGE >17 W CC ...... 0.7424 23.9 19.9 321 ...... KIDNEY & URINARY TRACT INFECTIONS AGE >17 W/O CC ...... 0.6123 20.4 17.0 322 ...... KIDNEY & URINARY TRACT INFECTIONS AGE 0Ð17* ...... 0.6655 21.9 18.2 323 ...... URINARY STONES W CC, &/OR ESW LITHOTRIPSY 2 ...... 0.6655 21.9 18.2 324 ...... URINARY STONES W/O CC 2 ...... 0.6655 21.9 18.2 325 ...... KIDNEY & URINARY TRACT SIGNS & SYMPTOMS AGE >17 W CC ...... 0.8123 26.7 22.2 326 ...... KIDNEY & URINARY TRACT SIGNS & SYMPTOMS AGE >17 W/O CC 2 ...... 0.6655 21.9 18.2 327 ...... KIDNEY & URINARY TRACT SIGNS & SYMPTOMS AGE 0Ð17* ...... 0.4055 16.8 14.0 328 ...... URETHRAL STRICTURE AGE >17 W CC* ...... 0.6655 21.9 18.2 329 ...... URETHRAL STRICTURE AGE >17 W/O CC 1 ...... 0.4055 16.8 14.0 330 ...... URETHRAL STRICTURE AGE 0Ð17* ...... 0.4055 16.8 14.0 331 ...... OTHER KIDNEY & URINARY TRACT DIAGNOSES AGE >17 W CC ...... 0.9267 24.6 20.5 332 ...... OTHER KIDNEY & URINARY TRACT DIAGNOSES AGE >17 W/O CC ...... 0.6393 20.9 17.4 333 ...... OTHER KIDNEY & URINARY TRACT DIAGNOSES AGE 0Ð17* ...... 0.4055 16.8 14.0 334 ...... MAJOR MALE PELVIC PROCEDURES W CC* ...... 1.2493 31.3 26.0 335 ...... MAJOR MALE PELVIC PROCEDURES W/O CC* ...... 0.8284 23.3 19.4

VerDate Jan<31>2003 21:08 Mar 06, 2003 Jkt 200001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\07MRP2.SGM 07MRP2 11290 Federal Register / Vol. 68, No. 45 / Friday, March 7, 2003 / Proposed Rules

TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

336 ...... TRANSURETHRAL PROSTATECTOMY W CC 3 ...... 0.8284 23.3 19.4 337 ...... TRANSURETHRAL PROSTATECTOMY W/O CC* ...... 0.6655 21.9 18.2 338 ...... TESTES PROCEDURES, FOR MALIGNANCY* ...... 0.6655 21.9 18.2 339 ...... TESTES PROCEDURES, NON-MALIGNANCY AGE >17 1 ...... 0.4055 16.8 14.0 340 ...... TESTES PROCEDURES, NON-MALIGNANCY AGE 0Ð17* ...... 0.4055 16.8 14.0 341 ...... PENIS PROCEDURES 2 ...... 0.6655 21.9 18.2 342 ...... CIRCUMCISION AGE >17 4 ...... 1.2493 31.3 26.0 343 ...... CIRCUMCISION AGE 0Ð17 ...... 0.4055 16.8 14.0 344 ...... OTHER MALE REPRODUCTIVE SYSTEM O.R. PROCEDURES FOR MALIGNANCY 4 ...... 1.2493 31.3 26.0 345 ...... OTHER MALE REPRODUCTIVE SYSTEM O.R. PROC EXCEPT FOR MALIGNANCY 3 ...... 0.8284 23.3 19.4 346 ...... MALIGNANCY, MALE REPRODUCTIVE SYSTEM, W CC ...... 0.7070 21.6 18.0 347 ...... MALIGNANCY, MALE REPRODUCTIVE SYSTEM, W/O CC 2 ...... 0.6655 21.9 18.2 348 ...... BENIGN PROSTATIC HYPERTROPHY W CC 1 ...... 0.4055 16.8 14.0 349 ...... BENIGN PROSTATIC HYPERTROPHY W/O CC* ...... 0.4055 16.8 14.0 350 ...... INFLAMMATION OF THE MALE REPRODUCTIVE SYSTEM ...... 0.6058 19.9 16.5 351 ...... STERILIZATION, MALE* ...... 0.4055 16.8 14.0 352 ...... OTHER MALE REPRODUCTIVE SYSTEM DIAGNOSES 3 ...... 0.8284 23.3 19.4 353 ...... PELVIC EVISCERATION, RADICAL HYSTERECTOMY & RADICAL VULVECTOMY* ...... 1.8783 46.3 38.5 354 ...... UTERINE, ADNEXA PROC FOR NON-OVARIAN/ADNEXAL MALIG W CC* ...... 1.2493 31.3 26.0 355 ...... UTERINE, ADNEXA PROC FOR NON-OVARIAN/ADNEXAL MALIG W/O CC* ...... 1.2493 31.3 26.0 356 ...... FEMALE REPRODUCTIVE SYSTEM RECONSTRUCTIVE PROCEDURES* ...... 1.2493 31.3 26.0 357 ...... UTERINE & ADNEXA PROC FOR OVARIAN OR ADNEXAL MALIGNANCY* ...... 1.2493 31.3 26.0 358 ...... UTERINE & ADNEXA PROC FOR NON-MALIGNANCY W CC 5 ...... 1.8783 46.3 38.5 359 ...... UTERINE & ADNEXA PROC FOR NON-MALIGNANCY W/O CC 1 ...... 0.4055 16.8 14.0 360 ...... VAGINA, CERVIX & VULVA PROCEDURES 1 ...... 0.4055 16.8 14.0 361 ...... LAPAROSCOPY & INCISIONAL TUBAL INTERRUPTION* ...... 0.6655 21.9 18.2 362 ...... ENDOSCOPIC TUBAL INTERRUPTION* ...... 0.6655 21.9 18.2 363 ...... D&C, CONIZATION & RADIO-IMPLANT, FOR MALIGNANCY* ...... 0.8284 23.3 19.4 364 ...... D&C, CONIZATION EXCEPT FOR MALIGNANCY* ...... 0.6655 21.9 18.2 365 ...... OTHER FEMALE REPRODUCTIVE SYSTEM O.R. PROCEDURES 5 ...... 1.8783 46.3 38.5 366 ...... MALIGNANCY, FEMALE REPRODUCTIVE SYSTEM W CC ...... 0.9654 23.9 19.9 367 ...... MALIGNANCY, FEMALE REPRODUCTIVE SYSTEM W/O CC 3 ...... 0.8284 23.3 19.4 368 ...... INFECTIONS, FEMALE REPRODUCTIVE SYSTEM 4 ...... 1.2493 31.3 26.0 369 ...... MENSTRUAL & OTHER FEMALE REPRODUCTIVE SYSTEM DISORDERS 2 ...... 0.6655 21.9 18.2 370 ...... CESAREAN SECTION W CC* ...... 0.8284 23.3 19.4 371 ...... CESAREAN SECTION W/O CC* ...... 0.6655 21.9 18.2 372 ...... VAGINAL DELIVERY W COMPLICATING DIAGNOSES* ...... 0.6655 21.9 18.2 373 ...... VAGINAL DELIVERY W/O COMPLICATING DIAGNOSES* ...... 0.4055 16.8 14.0 374 ...... VAGINAL DELIVERY W STERILIZATION &/OR D&C* ...... 0.4055 16.8 14.0 375 ...... VAGINAL DELIVERY W O.R. PROC EXCEPT STERIL &/OR D&C* ...... 0.4055 16.8 14.0 376 ...... POSTPARTUM & POST ABORTION DIAGNOSES W/O O.R. PROCEDURE* ...... 0.4055 16.8 14.0 377 ...... POSTPARTUM & POST ABORTION DIAGNOSES W O.R. PROCEDURE* ...... 0.4055 16.8 14.0 378 ...... ECTOPIC PREGNANCY* ...... 0.6655 21.9 18.2 379 ...... THREATENED ABORTION* ...... 0.4055 16.8 14.0 380 ...... ABORTION W/O D&C* ...... 0.4055 16.8 14.0 381 ...... ABORTION W D&C, ASPIRATION CURETTAGE OR HYSTEROTOMY* ...... 0.4055 16.8 14.0 382 ...... FALSE LABOR* ...... 0.4055 16.8 14.0 383 ...... OTHER ANTEPARTUM DIAGNOSES W MEDICAL COMPLICATIONS* ...... 0.4055 16.8 14.0 384 ...... OTHER ANTEPARTUM DIAGNOSES W/O MEDICAL COMPLICATIONS* ...... 0.4055 16.8 14.0 385 ...... NEONATES, DIED OR TRANSFERRED TO ANOTHER ACUTE CARE FACILITY* ...... 0.4055 16.8 14.0 386 ...... EXTREME IMMATURITY* ...... 0.6655 21.9 18.2 387 ...... PREMATURITY W MAJOR PROBLEMS* ...... 0.6655 21.9 18.2 388 ...... PREMATURITY W/O MAJOR PROBLEMS* ...... 0.4055 16.8 14.0 389 ...... FULL TERM NEONATE W MAJOR PROBLEMS 4 ...... 1.2493 31.3 26.0 390 ...... NEONATE W OTHER SIGNIFICANT PROBLEMS* ...... 0.6655 21.9 18.2 391 ...... NORMAL NEWBORN* ...... 0.4055 16.8 14.0 392 ...... SPLENECTOMY AGE >17* ...... 0.8284 23.3 19.4 393 ...... SPLENECTOMY AGE 0Ð17* ...... 0.6655 21.9 18.2 394 ...... OTHER O.R. PROCEDURES OF THE BLOOD AND BLOOD FORMING ORGANS 5 ...... 1.8783 46.3 38.5 395 ...... RED BLOOD CELL DISORDERS AGE >17 ...... 0.8584 25.1 20.9 396 ...... RED BLOOD CELL DISORDERS AGE 0Ð17* ...... 0.4055 16.8 14.0 397 ...... COAGULATION DISORDERS ...... 0.7567 19.4 16.1 398 ...... RETICULOENDOTHELIAL & IMMUNITY DISORDERS W CC ...... 0.9008 23.4 19.5 399 ...... RETICULOENDOTHELIAL & IMMUNITY DISORDERS W/O CC 1 ...... 0.4055 16.8 14.0 400 ...... LYMPHOMA & LEUKEMIA W MAJOR O.R. PROCEDURE 3 ...... 0.8284 23.3 19.4 401 ...... LYMPHOMA & NON-ACUTE LEUKEMIA W OTHER O.R. PROC W CC 4 ...... 1.2493 31.3 26.0

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

402 ...... LYMPHOMA & NON-ACUTE LEUKEMIA W OTHER O.R. PROC W/O CC* ...... 0.8284 23.3 19.4 403 ...... LYMPHOMA & NON-ACUTE LEUKEMIA W CC ...... 0.9651 23.9 19.9 404 ...... LYMPHOMA & NON-ACUTE LEUKEMIA W/O CC ...... 0.8980 19.1 15.9 405 ...... ACUTE LEUKEMIA W/O MAJOR O.R. PROCEDURE AGE 0Ð17* ...... 0.6655 21.9 18.2 406 ...... MYELOPROLIF DISORD OR POORLY DIFF NEOPL W MAJ O.R.PROC W CC 5 ...... 1.8783 46.3 38.5 407 ...... MYELOPROLIF DISORD OR POORLY DIFF NEOPL W MAJ O.R.PROC W/O CC* ...... 0.8284 23.3 19.4 408 ...... MYELOPROLIF DISORD OR POORLY DIFF NEOPL W OTHER O.R.PROC 4 ...... 1.2493 31.3 26.0 409 ...... RADIOTHERAPY ...... 0.5220 19.5 16.2 410 ...... CHEMOTHERAPY W/O ACUTE LEUKEMIA AS SECONDARY DIAGNOSIS 1 ...... 0.4055 16.8 14.0 411 ...... HISTORY OF MALIGNANCY W/O ENDOSCOPY* ...... 0.4055 16.8 14.0 412 ...... HISTORY OF MALIGNANCY W ENDOSCOPY* ...... 0.4055 16.8 14.0 413 ...... OTHER MYELOPROLIF DIS OR POORLY DIFF NEOPL DIAG W CC 7 ...... 0.9061 23.7 19.7 414 ...... OTHER MYELOPROLIF DIS OR POORLY DIFF NEOPL DIAG W/O CC 7 ...... 0.9061 23.7 19.7 415 ...... O.R. PROCEDURE FOR INFECTIOUS & PARASITIC DISEASES ...... 1.4933 38.7 32.2 416 ...... SEPTICEMIA AGE >17 ...... 0.9612 25.9 21.5 417 ...... SEPTICEMIA AGE 0Ð17* ...... 0.8284 23.3 19.4 418 ...... POSTOPERATIVE & POST-TRAUMATIC INFECTIONS ...... 0.8771 25.8 21.5 419 ...... FEVER OF UNKNOWN ORIGIN AGE >17 W CC ...... 0.5948 20.5 17.0 420 ...... FEVER OF UNKNOWN ORIGIN AGE >17 W/O CC 1 ...... 0.4055 16.8 14.0 421 ...... VIRAL ILLNESS AGE >17 4 ...... 1.2493 31.3 26.0 422 ...... VIRAL ILLNESS & FEVER OF UNKNOWN ORIGIN AGE 0Ð17* ...... 0.4055 16.8 14.0 423 ...... OTHER INFECTIOUS & PARASITIC DISEASES DIAGNOSES ...... 0.8701 24.7 20.5 424 ...... O.R. PROCEDURE W PRINCIPAL DIAGNOSES OF MENTAL ILLNESS 5 ...... 1.8783 46.3 38.5 425 ...... ACUTE ADJUSTMENT REACTION & PSYCHOLOGICAL DYSFUNCTION ...... 0.6177 26.0 21.6 426 ...... DEPRESSIVE NEUROSES ...... 0.5739 26.9 22.4 427 ...... NEUROSES EXCEPT DEPRESSIVE 2 ...... 0.6655 21.9 18.2 428 ...... DISORDERS OF PERSONALITY & IMPULSE CONTROL 4 ...... 1.2493 31.3 26.0 429 ...... ORGANIC DISTURBANCES & MENTAL RETARDATION ...... 0.5466 25.0 20.8 430 ...... PSYCHOSES ...... 0.4479 22.9 19.0 431 ...... CHILDHOOD MENTAL DISORDERS ...... 0.4345 22.7 18.9 432 ...... OTHER MENTAL DISORDER DIAGNOSES 2 ...... 0.6655 21.9 18.2 433 ...... ALCOHOL/DRUG ABUSE OR DEPENDENCE, LEFT AMA ...... 0.2489 13.1 10.9 439 ...... SKIN GRAFTS FOR INJURIES ...... 1.3200 42.5 35.4 440 ...... WOUND DEBRIDEMENTS FOR INJURIES ...... 1.3567 40.1 33.4 441 ...... HAND PROCEDURES FOR INJURIES* ...... 0.6655 21.9 18.2 442 ...... OTHER O.R. PROCEDURES FOR INJURIES W CC ...... 1.6442 39.7 33.0 443 ...... OTHER O.R. PROCEDURES FOR INJURIES W/O CC 2 ...... 0.6655 21.9 18.2 444 ...... TRAUMATIC INJURY AGE >17 W CC ...... 0.9614 30.7 25.5 445 ...... TRAUMATIC INJURY AGE >17 W/O CC ...... 0.8448 27.3 22.7 446 ...... TRAUMATIC INJURY AGE 0Ð17* ...... 0.8284 23.3 19.4 447 ...... ALLERGIC REACTIONS AGE >17 2 ...... 0.6655 21.9 18.2 448 ...... ALLERGIC REACTIONS AGE 0Ð17* ...... 0.4055 16.8 14.0 449 ...... POISONING & TOXIC EFFECTS OF DRUGS AGE >17 W CC 3 ...... 0.8284 23.3 19.4 450 ...... POISONING & TOXIC EFFECTS OF DRUGS AGE >17 W/O CC 2 ...... 0.6655 21.9 18.2 451 ...... POISONING & TOXIC EFFECTS OF DRUGS AGE 0Ð17* ...... 0.4055 16.8 14.0 452 ...... COMPLICATIONS OF TREATMENT W CC ...... 0.9596 25.5 21.2 453 ...... COMPLICATIONS OF TREATMENT W/O CC ...... 0.6666 23.1 19.2 454 ...... OTHER INJURY, POISONING & TOXIC EFFECT DIAG W CC 3 ...... 0.8284 23.3 19.4 455 ...... OTHER INJURY, POISONING & TOXIC EFFECT DIAG W/O CC 1 ...... 0.4055 16.8 14.0 461 ...... O.R. PROC W DIAGNOSES OF OTHER CONTACT W HEALTH SERVICES ...... 1.3383 38.0 31.6 462 ...... REHABILITATION ...... 0.6469 23.5 19.5 463 ...... SIGNS & SYMPTOMS W CC ...... 0.7618 26.8 22.3 464 ...... SIGNS & SYMPTOMS W/O CC ...... 0.6234 24.3 20.2 465 ...... AFTERCARE W HISTORY OF MALIGNANCY AS SECONDARY DIAGNOSIS 3 ...... 0.8284 23.3 19.4 466 ...... AFTERCARE W/O HISTORY OF MALIGNANCY AS SECONDARY DIAGNOSIS ...... 0.8119 23.9 19.9 467 ...... OTHER FACTORS INFLUENCING HEALTH STATUS 2 ...... 0.6655 21.9 18.2 468 ...... EXTENSIVE O.R. PROCEDURE UNRELATED TO PRINCIPAL DIAGNOSIS ...... 2.2177 45.5 37.9 469 ...... PRINCIPAL DIAGNOSIS INVALID AS DISCHARGE DIAGNOSIS 6 ...... 0.0000 0.0 0.0 470 ...... UNGROUPABLE 6 ...... 0.0000 0.0 0.0 471 ...... BILATERAL OR MULTIPLE MAJOR JOINT PROCS OF LOWER EXTREMITY* ...... 1.8783 46.3 38.5 473 ...... ACUTE LEUKEMIA W/O MAJOR O.R. PROCEDURE AGE >17 ...... 0.8047 17.1 14.2 475 ...... RESPIRATORY SYSTEM DIAGNOSIS WITH VENTILATOR SUPPORT ...... 2.0906 35.5 29.5 476 ...... PROSTATIC O.R. PROCEDURE UNRELATED TO PRINCIPAL DIAGNOSIS 5 ...... 1.8783 46.3 38.5 477 ...... NON-EXTENSIVE O.R. PROCEDURE UNRELATED TO PRINCIPAL DIAGNOSIS ...... 1.6791 39.7 33.0 478 ...... OTHER VASCULAR PROCEDURES W CC ...... 1.6244 37.8 31.5 479 ...... OTHER VASCULAR PROCEDURES W/O CC 2 ...... 0.6655 21.9 18.2

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TABLE 3.—PROPOSED LTCÐDRG RELATIVE WEIGHTS, GEOMETRIC MEAN LENGTH OF STAY, AND SHORT-STAYS OF FIVE- SIXTHS AVERAGE LENGTH OF STAY FOR THE PERIOD OF JULY 1, 2003 THROUGH SEPTEMBER 30, 2003—Continued

Geo- Short- metric stays of Relative 5⁄6 aver- LTCÐDRG Description weight mean age length of length of stay stay

480 ...... LIVER TRANSPLANT 6 ...... 0.0000 0.0 0.0 481 ...... BONE MARROW TRANSPLANT* ...... 1.8783 46.3 38.5 482 ...... TRACHEOSTOMY FOR FACE, MOUTH & NECK DIAGNOSES* ...... 0.6655 21.9 18.2 483 ...... TRACH W MECH VENT 96+ HRS OR PDX EXCEPT FACE, MOUTH & NECK DIAG ...... 3.2319 54.6 45.5 484 ...... CRANIOTOMY FOR MULTIPLE SIGNIFICANT TRAUMA* ...... 1.8783 46.3 38.5 485 ...... LIMB REATTACHMENT, HIP AND FEMUR PROC FOR MULTIPLE SIGNIFICANT TR* ...... 1.8783 46.3 38.5 486 ...... OTHER O.R. PROCEDURES FOR MULTIPLE SIGNIFICANT TRAUMA 3 ...... 0.8284 23.3 19.4 487 ...... OTHER MULTIPLE SIGNIFICANT TRAUMA ...... 1.0885 29.5 24.5 488 ...... HIV W EXTENSIVE O.R. PROCEDURE 5 ...... 1.8783 46.3 38.5 489 ...... HIV W MAJOR RELATED CONDITION ...... 0.8846 22.9 19.0 490 ...... HIV W OR W/O OTHER RELATED CONDITION ...... 0.6952 20.4 17.0 491 ...... MAJOR JOINT & LIMB REATTACHMENT PROCEDURES OF UPPER EXTREMITY* ...... 1.8783 46.3 38.5 492 ...... CHEMOTHERAPY W ACUTE LEUKEMIA AS SECONDARY DIAGNOSIS 3 ...... 0.8284 23.3 19.4 493 ...... LAPAROSCOPIC CHOLECYSTECTOMY W/O C.D.E. W CC 3 ...... 0.8284 23.3 19.4 494 ...... LAPAROSCOPIC CHOLECYSTECTOMY W/O C.D.E. W/O CC 1 ...... 0.4055 16.8 14.0 495 ...... LUNG TRANSPLANT 6 ...... 0.0000 0.0 0.0 496 ...... COMBINED ANTERIOR/POSTERIOR SPINAL FUSION* ...... 1.2493 31.3 26.0 497 ...... SPINAL FUSION W CC 5 ...... 1.8783 46.3 38.5 498 ...... SPINAL FUSION W/O CC 3 ...... 0.8284 23.3 19.4 499 ...... BACK & NECK PROCEDURES EXCEPT SPINAL FUSION W CC 5 ...... 1.8783 46.3 38.5 500 ...... BACK & NECK PROCEDURES EXCEPT SPINAL FUSION W/O CC* ...... 0.8284 23.3 19.4 501 ...... KNEE PROCEDURES W PDX OF INFECTION W CC 5 ...... 1.8783 46.3 38.5 502 ...... KNEE PROCEDURES W PDX OF INFECTION W/O CC* ...... 0.8284 23.3 19.4 503 ...... KNEE PROCEDURES W/O PDX OF INFECTION 5 ...... 1.8783 46.3 38.5 504 ...... EXTENSIVE 3RD DEGREE BURNS W SKIN GRAFT* ...... 1.8783 46.3 38.5 505 ...... EXTENSIVE 3RD DEGREE BURNS W/O SKIN GRAFT 4 ...... 1.2493 31.3 26.0 506 ...... FULL THICKNESS BURN W SKIN GRAFT OR INHAL INJ W CC OR SIG TRAUMA 5 ...... 1.8783 46.3 38.5 507 ...... FULL THICKNESS BURN W SKIN GRFT OR INHAL INJ W/O CC OR SIG TRAUMA* ...... 0.8284 23.3 19.4 508 ...... FULL THICKNESS BURN W/O SKIN GRFT OR INHAL INJ W CC OR SIG TRAUMA 3 ...... 0.8284 23.3 19.4 509 ...... FULL THICKNESS BURN W/O SKIN GRFT OR INH INJ W/O CC OR SIG TRAUMA 3 ...... 0.8284 23.3 19.4 510 ...... NON-EXTENSIVE BURNS W CC OR SIGNIFICANT TRAUMA ...... 1.0734 32.2 26.8 511 ...... NON-EXTENSIVE BURNS W/O CC OR SIGNIFICANT TRAUMA 3 ...... 0.8284 23.3 19.4 512 ...... SIMULTANEOUS PANCREAS/KIDNEY TRANSPLANT 6 ...... 0.0000 0.0 0.0 513 ...... PANCREAS TRANSPLANT 6 ...... 0.0000 0.0 0.0 514 ...... CARDIAC DEFIBRILATOR IMPLANT W CARDIAC CATH* ...... 0.8284 23.3 19.4 515 ...... CARDIAC DEFIBRILATOR IMPLANT W/O CARDIAC CATH 4 ...... 1.2493 31.3 26.0 516 ...... PERCUTANEOUS CARDIVASCULAR PROCEDURE W AMI* ...... 0.8284 23.3 19.4 517 ...... PERCUTANEOUS CARDIVASCULAR PROC W NON-DRUG ELUTING STENT W/O AMI 5 ..... 1.8783 46.3 38.5 518 ...... PERCUTANEOUS CARDIVASCULAR PROC W/O CORONARY ARTERY STENT OR AMI 4 ... 1.2493 31.3 26.0 519 ...... CERVICAL SPINAL FUSION W CC 3 ...... 0.8284 23.3 19.4 520 ...... CERVICAL SPINAL FUSION W/O CC 2 ...... 0.6655 21.9 18.2 521 ...... ALCOHOL/DRUG ABUSE OR DEPENDENCE W CC ...... 0.3755 18.6 15.5 522 ...... ALCOHOL/DRUG ABUSE OR DEPENDENCE W REHABILITATION THERAPY W/O CC 1 ...... 0.4055 16.8 14.0 523 ...... ALCOHOL/DRUG ABUSE OR DEPENDENCE W/O REHABILITATION THERAPY W/O CC ..... 0.3860 21.2 17.6 524 ...... TRANSIENT ISCHEMIA ...... 0.6250 23.1 19.2 525 ...... HEART ASSIST SYSTEM IMPLANT* ...... 1.8783 46.3 38.5 526 ...... PERCUTANEOUS CARVIOVASCULAR PROC W DRUG-ELUTING STENT W AMI* ...... 0.8284 23.3 19.4 527 ...... PERCUTANEOUS CARVIOVASCULAR PROC W DRUG-ELUTING STENT W/O AMI* ...... 0.8284 23.3 19.4 * Relative weights for these LTCÐDRGs were determined by assigning these cases to the appropriate low volume quintile because they had no LTCH cases in the FY 2001 MedPAR. 1 Relative weights for these LTCÐDRGs were determined by assigning these cases to low volume quintile 1. 2 Relative weights for these LTCÐDRGs were determined by assigning these cases to low volume quintile 2. 3 Relative weights for these LTCÐDRGs were determined by assigning these cases to low volume quintile 3. 4 Relative weights for these LTCÐDRGs were determined by assigning these cases to low volume quintile 4. 5 Relative weights for these LTCÐDRGs were determined by assigning these cases to low volume quintile 5. 6 Relative weights for these LTCÐDRGs were assigned a value of 0.0. 7 Relative weights for these LTCÐDRGs were determined after adjusting to account for nonmonotonically (see step 5 above).

[FR Doc. 03–5206 Filed 3–3–03; 10:29 am] BILLING CODE 4120–01–P

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Part IV

Department of Health and Human Services 42 CFR Part 83 Procedure for Designating Classes of Employees as Members of the Special Exposure Cohort Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Notice of Proposed Rulemaking; Proposed Rule

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DEPARTMENT OF HEALTH AND 45226, Telephone (513) 841–4498 (this EEOICPA on December 26, 2002 (67 FR HUMAN SERVICES is not a toll-free number). Information 78874). requests can also be submitted by e-mail The executive order directed the HHS 42 CFR Part 83 to [email protected] to perform several technical and RIN 0920–AA07 SUPPLEMENTARY INFORMATION: policymaking roles in support of the DOL program: I. Comments Invited Procedures for Designating Classes of (1) HHS is to develop procedures for Employees as Members of the Special Interested persons or organizations considering petitions to be added to the Exposure Cohort Under the Energy are invited to participate in this Special Exposure Cohort established Employees Occupational Illness rulemaking by submitting written views, under EEOICPA by classes of employees Compensation Program Act of 2000; arguments, recommendations, and data. at DOE and Atomic Weapons Employer Notice of Proposed Rulemaking Comments are invited on any topic (‘‘AWE’’) facilities. HHS is also to apply related to this proposal. these procedures in response to such AGENCY: Department of Health and Comments should identify the petitions. Covered employees included Human Services. author(s), return address, and phone in the Special Exposure Cohort who ACTION: Notice of proposed rulemaking. number, in case clarification is needed. have a specified cancer, and eligible Comments can be submitted by e-mail survivors of these employees, qualify for SUMMARY: This document describes how to: [email protected]. If compensation under EEOICPA. The the Department of Health and Human submitting comments by e-mail, they procedures HHS is proposing to use for Services (‘‘HHS’’) proposes to consider may be provided as e-mail text or as a considering Special Exposure Cohort designating classes of employees to be Word or Word Perfect file attachment. petitions were initially proposed as a added to the Special Exposure Cohort Printed comments can also be submitted notice of proposed rulemaking on June under the Energy Employees to the address above. All 25, 2002 (67 FR 42962) under 42 CFR Occupational Illness Compensation communications received on or before Part 83 and are the subject of this Program Act of 2000 (‘‘EEOICPA’’). the closing date for comments will be second notice of proposed rulemaking. Under EEOICPA, and Executive Order fully considered by the Secretary. An (2) HHS is to develop guidelines by 13179, the Secretary of HHS is electronic docket containing all regulation to be used by DOL to assess authorized to make such designations, comments submitted will be available the likelihood that an employee with which take effect 180 days after over the Internet on the National cancer developed that cancer as a result Congress is notified unless Congress Institute for Occupational Safety and of exposure to radiation in performing provides otherwise. An individual Health (‘‘NIOSH’’), Office of his or her duty at a DOE or AWE member (or the survivors of a member) Compensation Analysis and Support facility. HHS published a final rule of a class of employees added to the Web page at www.cdc.gov/niosh/ocas, establishing these ‘‘Probability of Special Exposure Cohort would be or comments will be available in writing Causation’’ guidelines on May 2, 2002 entitled to compensation if the by request. (67 FR 22296) under 42 CFR Part 81. Department of Labor (‘‘DOL’’) finds that (3) HHS is also to develop methods by employee incurred a specified cancer II. Background regulation to estimate radiation doses and the claim meets other requirements A. Statutory Authority (‘‘dose reconstruction’’) for certain established under EEOICPA. HHS individuals with cancer applying for previously published a proposal for The Energy Employees Occupational benefits under the DOL program. HHS these procedures on June 25, 2002 (67 Illness Compensation Program Act, 42 published a final rule promulgating FR 42962). Public comment on the U.S.C. 7384–7385 [1994, supp. 2001], these methods under 42 CFR Part 82 on original proposal has led HHS to make EEOICPA, established a compensation May 2, 2002 (67 FR 22314). HHS is substantial changes to the procedures program to provide a lump sum applying these methods to conduct the that require issuance of this second payment of $150,000 and prospective program of dose reconstruction required notice of proposed rulemaking. medical benefits as compensation to by EEOICPA. covered employees suffering from DATES: (4) Finally, HHS is to provide the HHS invites comments on this designated illnesses incurred as a result notice of proposed rulemaking from Advisory Board on Radiation and of their exposure to radiation, Worker Health with administrative and interested parties. Comments must be beryllium, or silica while in the received by April 7, 2003. other necessary support services. The performance of duty for the Department Board, a federal advisory committee ADDRESSES: Address written comments of Energy (‘‘DOE’’) and certain of its whose members are appointed by the on the notice of proposed rulemaking to vendors, contractors and subcontractors. President, is advising HHS in the NIOSH Docket Officer electronically This legislation also provided for implementing its roles under EEOICPA by e-mail to payment of compensation for certain described here. [email protected]. See survivors of these covered employees. 42 U.S.C. 7384p requires HHS to SUPPLEMENTARY INFORMATION for file EEOICPA instructed the President to implement its responsibilities with the formats and other information about designate one or more Federal Agencies assistance of the National Institute for electronic filing. Alternatively, submit to carry out the compensation program. Occupational Safety and Health printed comments to NIOSH Docket Pursuant to this statutory provision, the (NIOSH), an Institute of the Centers for Office, Robert A. Taft Laboratories, MS– President issued Executive Order 13179 Disease Control and Prevention, HHS. C34, 4676 Columbia Parkway, (‘‘Providing Compensation to America’s Cincinnati, OH 45226. Nuclear Weapons Workers’’), which B. What Is the Special Exposure Cohort? FOR FURTHER INFORMATION CONTACT: assigned primary responsibility for The Special Exposure Cohort (‘‘the Larry Elliott, Director, Office of administering the compensation Cohort’’) is a category of employees Compensation Analysis and Support, program to the Department of Labor defined under 42 U.S.C. 7384l(14). In National Institute for Occupational (‘‘DOL’’). 65 FR 77487 (December 7, this definition, Congress specified Safety and Health, 4676 Columbia 2000). DOL published a final rule which employees comprise the Cohort Parkway, MS-R45, Cincinnati, OH governing DOL’s administration of initially, including employees of DOE,

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DOE contractors or subcontractors, or D. Statutory Requirements for covered by provisions of EEOICPA for AWEs who worked an aggregate of at Designating Classes of Employees as compensating members of the Cohort. least 250 days before February 1, 1992 Members of the Cohort The methods to arrive at these at a gaseous diffusion plant in (1) EEOICPA includes several estimates, however, will be directly Paducah, Kentucky, (2) Portsmouth, requirements for these procedures. The considered by HHS in reviewing Ohio, or (3) Oak Ridge, Tennessee and Advisory Board on Radiation and petitions to add classes of employees to who were monitored using dosimetry Worker Health (‘‘the Board’’) is the Cohort. In particular, HHS will badges or worked in a job that had authorized to provide advice to the consider these methods in determining for a petitioning class of employees, as exposures comparable to a job that is or President (delegated to the Secretary of required by EEOICPA, whether ‘‘it is not was monitored using dosimetry badges; HHS) concerning the designation of feasible to estimate with sufficient or (4) employees of DOE or DOE additional classes as members of the accuracy the radiation dose that the Cohort. The Board’s advice is to be contractors or subcontractors employed [individual members of] the class based on ‘‘exposure assessments by before January 1, 1974 on Amchitka received.’’ Island, Alaska and exposed to ionizing radiation health professionals, radiation in the performance of duty information provided by the Department III. Summary of Public Comments related to the Long Shot, Milrow, or of Energy, and such other information as On June 25, 2002, HHS promulgated Cannikin underground nuclear tests. the Advisory Board considers a notice of proposed rulemaking Employees included in the Cohort who appropriate.’’ 42 U.S.C. 7384q. Section specifying procedures for adding classes incur a specified cancer 1 qualify for 7384q specifies that HHS obtain the of employees to the Cohort (42 CFR part compensation (see DOL regulations 20 advice of the Board ‘‘after consideration 83; see 67 FR 42962). Public comments CFR part 30 for details). Cancer claims of petitions by classes of employees were solicited from June 25, 2002 to * * * for such advice.’’ This section submitted by these employees or their August 26, 2002. During this period, also mandates two broad criteria to survivors do not require DOL to comments were also submitted by the govern HHS decisions, which are to be evaluate the probability that the cancer Advisory Board on Radiation and made after receiving the advice of the was caused by radiation doses incurred Worker Health. Board. Members of a class of employees HHS received comments from nine during the performance of duty for at a DOE or AWE facility may be treated organizations and 36 individuals. nuclear weapons programs of DOE, as is as members of the Cohort for purposes Organizations commenting included required for other cancer claims covered of the compensation program if HHS several labor organizations representing by EEOICPA. ‘‘determines that: (1) It is not feasible to DOE workers, the Defense Threat C. Purpose of the Proposed Procedures estimate with sufficient accuracy the Reduction Agency (which conducts radiation dose that the class received; radiation dose reconstructions for a EEOICPA authorized the President to and (2) there is a reasonable likelihood compensation program serving U.S. designate classes of employees to be that such radiation dose may have Atomic Veterans), the Health Physics added to the Cohort, while providing endangered the health of members of Society, and two advocacy groups. A Congress with the opportunity to review the class.’’ summary of these comments and HHS these decisions and expedite or reverse Finally, 42 U.S.C. 7384l(14)(C) responses is provided below. These are them. As noted previously, the requires the Secretary to submit a report organized by general topical area. The President has delegated his authority in to Congress for each class of employees HHS responses in this section also serve this matter to the Secretary of HHS. The the Secretary designates to be added to to explain changes made to the original purpose of this notice of proposed the Cohort. The report must define the proposal and the intent of the new rule rulemaking is to establish procedures by class of employees covered by the provisions. designation and specify the criteria used which the Secretary of HHS will A. Feasibility of Dose Reconstructions to make the designation. This section determine whether to add to the Cohort requires that the designation take effect As noted above, EEOICPA requires new classes of employees from DOE and 180 days after the date on which HHS HHS to find that it is ‘‘not feasible to AWE facilities. The procedures are submits the report to Congress ‘‘unless estimate with sufficient accuracy the intended to ensure that petitions for Congress otherwise provides.’’ radiation dose that the class received’’ additions to the Cohort are given as a condition for adding the class to the uniform, fair, scientific consideration, E. Relationship of Proposed Procedures Cohort. HHS received comments from that petitioners and interested parties to Existing Rule Promulgated by HHS To several labor organizations and an are provided the opportunity for Implement EEOICPA advocacy group recommending that the appropriate involvement in the process, These procedures complement the rule establish one or more clear tests and to comply with specific statutory HHS final rule: ‘‘Methods for Radiation defining when dose reconstructions requirements of EEOICPA. The Dose Reconstruction Under the Energy would not be feasible, some commenters procedures also address, within their Employees Occupational Illness distinguishing this requirement as relevant scope, the stated congressional Compensation Program Act of 2000’’ separate and apart from the requirement purpose of the compensation program to promulgated by HHS on May 2, 2002 at for ‘‘sufficient accuracy.’’ One specific provide timely compensation to covered 42 CFR Part 82 (67 FR 22314). recommendation is that HHS establish a employees or their survivors for covered The rule 42 CFR part 82 provides the time limit for completing dose illnesses incurred by such employees in methods by which NIOSH is conducting reconstructions, the expiration of which the performance of duty. dose reconstructions to estimate the would determine the dose radiation doses incurred by individual reconstruction to be not feasible. HHS covered employees who have incurred has consistently heard concern about 1 Specified cancers are a limited group of cancers that are compensable under provisions governing cancer. These estimates are required by the duration of processes for compensation for members of the Cohort. The list EEOICPA to adjudicate a cancer claim adjudicating cancer claims and its of specified cancers can be found in this rule under for an employee who is not a member impact on claimants in failing health section 83.5. of the Cohort or whose claim is not and their families. These concerns were

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presented by DOE and AWE employees in contrast to estimates used for which NIOSH is unable to complete and their survivors during four public epidemiological research, is defined by dose reconstructions with sufficient meetings convened to present the the extent that it assures the fair accuracy, as such cases arise through proposed rule during the comment adjudication of claims, rather than any the NIOSH dose reconstruction period in July and August, 2002. arbitrary degree of precision. Hence, for program. These findings will be made HHS has not established in the the purposes of a compensation available to the public on the Internet at proposed rule a feasibility test as to program, a dose estimate is sufficiently http://www.cdc.gov/niosh/ocas or by whether dose reconstructions for the accurate if it is reasonably certain to be request. Finally, NIOSH will work with class could be completed within a time at least as high as the highest dose that the Board to develop other generic limit. The factors that might delay a could plausibly have been received. guidance, to the extent additional dose reconstruction would typically be The labor organizations and advocacy generic guidance is possible, concerning specific to an individual employee, group commenting on this rule also the feasibility of dose reconstructions. versus a class of employees, since the requested that HHS provide one or more The Health Physics Society further informational demands of a dose clear tests for when a dose estimate recommended that determinations of reconstruction are cancer specific and would be sufficiently accurate. the feasibility of estimating doses with employee specific. HHS also notes that NIOSH has established the use of sufficient accuracy be limited to the development of the NIOSH dose maximum doses based on worst-case relevant cancers. This comment reflects reconstruction program has delayed all assumptions in its dose reconstruction the fact that the feasibility of a dose dose reconstructions required to date, program whenever sufficient reconstruction can be specific to certain but that this is an inevitable information is available to support this cancer sites in the body and hence to consequence of establishing a technical approach and the additional the type of cancer an employee incurs. program of this unprecedented scale information needed for a more precise For example, internal doses of radiation and complexity, and of DOE’s estimate is unavailable. Accordingly, resulting from inhalation, ingestion, or development of a commensurately large the more limited the dose information absorption of internal emitters, such as records identification and retrieval available for a claim, the more likely it radon progeny or uranium, only system to support the NIOSH dose is a dose reconstruction will concentrate and significantly irradiate reconstruction program. overestimate the level of radiation dose, certain organs and tissues. Hence, it Nevertheless, the development of the and the greater the degree of may be appropriate to limit the finding most efficient processes possible to overestimation, to achieve the objective that it is not feasible to estimate assist DOL in achieving timely of minimizing the possibility of ever radiation doses with sufficient accuracy adjudication of cancer claims is a high underestimating the radiation doses to certain tissue-specific cancer sites priority for HHS. For this purpose, used to adjudicate a claim. relevant to individuals with specific NIOSH will consider the establishment This dose reconstruction approach types of cancers. of a time limit or guidelines concerning allows HHS to establish a more HHS has added provisions under the duration of individual dose qualified standard for sufficient sections 83.13 (b)(1)(iv), 83.13(b)(2)(iii), reconstructions conducted under 42 accuracy than provided under the initial and 83.13(c)(4) of this rule to allow HHS CFR part 82, once the dose notice of proposed rulemaking. Under to limit the definition of a class to those reconstruction program reaches its full section 83.13 of the current proposal, individuals who incur one or more of a operating capacity. radiation doses can be estimated with limited set of types of cancers, when sufficient accuracy if NIOSH has appropriate, as discussed above. These B. Accuracy of Dose Reconstructions established that it has access to provisions will allow HHS to adhere NIOSH received various comments sufficient information to estimate the fully to the statutory requirement that and recommendations that relate to the maximum radiation dose that could HHS find that ‘‘it is not feasible to determination, discussed above, as to have been incurred by any member of estimate with sufficient accuracy the whether it is feasible to estimate doses the class, based on the information radiation dose that the class received.’’ to members of a class of employees with available and using ‘‘worst-case’’ It will mean that in certain cases, HHS ‘‘sufficient accuracy.’’ assumptions. As discussed above, such might add to the Cohort a class of Four labor organizations, an advocacy a maximum dose estimate would be employees whose membership is group, and several individuals used in dose reconstructions, if limited to employees who have incurred questioned the ability of NIOSH to available information is inadequate to a cancer from a set of one or more types reconstruct doses with sufficient establish more precise estimates. This of cancers specified in the definition of accuracy when DOE records are standard for sufficient accuracy is the class established by HHS. (The incomplete, lacking personal monitoring supported in comments on this rule by cancer type or types HHS would specify records, alleged to be fraudulent, the Health Physics Society and the in such cases could include one or more limited to co-worker data, or lacking Defense Threat Reduction Agency. HHS cancer types that are not included in the energy-specific dosimetry. believes this represents a fair standard list of specified cancers established Most of these limitations are standard for sufficient accuracy under EEOICPA, under EEOICPA and defined in section for a radiation dose reconstruction since it provides that dose 83.5(k) of this rule,2 as well as one or program. The purpose of dose reconstructions will be restricted to reconstructions is specifically to claims for which information is 2 Readers should note that while HHS could estimate doses when records are sufficient to prevent the define a class of employees by a type of cancer that incomplete or otherwise inadequate. underestimation of an employee’s dose. is not in the list of specified cancers, DOL can only award compensation to members of such a class as EEOICPA explicitly recognizes this fact The proposed rule also specifies some a member of the Cohort if they incur one or more and requires that dose reconstructions general guidance for potential of the specified cancers, as required by EEOICPA be performed under precisely such petitioners to consider with respect to (42 U.S.C. 7384l(9)(A)). Hence, members included circumstances. Moreover, as discussed whether there is sufficient information in the class because they have a type of cancer that is not in the specified cancer list must also have or in the first notice of proposed for NIOSH to estimate doses. In develop a type of cancer that is in the specified rulemaking, sufficient accuracy of addition, NIOSH will publicize cancer list to receive compensation as a member of estimates for a compensation program, summaries of specific circumstances in the Cohort.

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more cancers included in the list of 7384l(14), but it allows NIOSH greater Epidemiological comparisons would specified cancers.) Co-workers of the flexibility to make use of detailed require health data that would not be employees who do not incur any of the information that might be available. available in reasonable time. Moreover, cancers included by HHS would not be First, instead of using a general there would be numerous included as members of the class added monitoring criterion to indicate which methodological difficulties in making to the Cohort. NIOSH would conduct employees had radiation exposure, such comparisons, as was generally dose reconstructions for cancer claims NIOSH will specifically identify, by job recognized by the commenters making covering these co-workers. title and other employment parameters, this recommendation. For example, employees with potential exposure, as comparisons would require populations C. Health Endangerment provided under section 83.13. This of sufficient size for analysis, whereas The four labor organizations and two allows NIOSH to specifically include the size of classes of employees may advocacy groups commenting on the within a class those employees with often be too small to permit valid rule, and one individual opposed the potential for radiation exposure whose analyses. use of risk models (NIOSH-IREP) to doses cannot be estimated with establish whether or not the health of a sufficient accuracy. D. Timeliness of Dose Reconstructions class of employees petitioning to be Second, NIOSH might not universally and Petition Decisions added to the Cohort was endangered. apply the 250 day employment criterion The four labor organizations, two The commenters believe health that Congress specified in 42 U.S.C. advocacy groups, and several physicists could not make reliable § 7384l(14)(A). NIOSH will use the 250 individuals expressed concern about the determinations as to whether the dose to day employment criterion only when it time that may be required to conduct a which a class may have been exposed lacks sufficient basis to establish a lower dose reconstruction and, if a dose could have exceeded the dose minimum duration. reconstruction is not feasible, the benchmark that was to be established Specifically, when the exposure of additional time required to add a class using risk models. The commenters also concern occurred during a discrete of employees to the Cohort. They questioned the procedure for using the incident likely to have involved recommended NIOSH establish a time risk models, which they found exceptionally high level exposures, such limit on its dose reconstructions, the insufficiently detailed, and were as nuclear criticality incidents or other tolling of which would determine the concerned that use of risk models would events involving similarly high levels of dose reconstruction to be infeasible, and set too stringent a standard for health exposures resulting from the failure of they recommended time limits on endangerment. In place of using risk radiation protection controls, the actions involved in considering a models, the commenters recommended proposed rule would allow NIOSH to petition for adding a class to the Cohort. either the use of physician opinion or specify presence during the incident as Individual commenters were the employment and monitoring criteria sufficient employment duration for specifically concerned about the time that Congress specified to be used for including members in the class. In these required to add a claimant with cancer the statutorily defined members of the cases, it would be impossible to specify to the Cohort, if NIOSH determines that Cohort employed by the gaseous any duration of exposure that would it cannot complete his dose diffusion plants in EEOICPA (see 42 delimit the potential for health reconstruction. U.S.C. 7384l(14)). Alternatively, several endangerment, and the 250 day default HHS agrees that it should achieve a individual commenters recommended criterion would be irrelevant. reasonable balance between the use of epidemiological analyses, HHS has not incorporated into the duration of effort to obtain data for a comparing the health of employees at rule the recommendation of one labor dose reconstruction and the speed with the sites included by Congress in the organization to establish health which it can complete a dose Cohort to the health of groups of endangerment on the basis of a reconstruction. The NIOSH dose employees at other sites petitioning to physician’s opinion. The commenter reconstruction rule (42 CFR part 82) and be added to the Cohort. suggested this model would be program incorporate efficiency The current proposed standard to be appropriate because it is used for measures to address precisely this used by NIOSH for establishing making determinations in workers’ concern. Taking this a step further, as sufficient accuracy in section 83.13 compensation programs. Physicians discussed above, NIOSH will consider would allow HHS to omit the use of risk evaluate occupational causation and establishing a time limit or time models in establishing health degree of impairment for patients guidelines for the completion of a dose endangerment. Under this standard, seeking workers’ compensation, but reconstruction. when NIOSH is unable to estimate doses under this rule there is no patient to In addition to these measures, section with sufficient accuracy, then, by evaluate, only very limited exposure 83.14 has been added to the proposed definition, NIOSH will not be able to information pertaining to a class of rule to expedite the consideration of estimate the maximum dose that employees. A physician could not judge petitions by claimants for whom NIOSH employees in the class might have health endangerment with respect to has found it cannot complete dose incurred. Lacking a factual basis for exposure to ionizing radiation without reconstructions under 42 CFR part 82. establishing such a cap or upper bound dose information on the class of The new section would allow NIOSH to to the possible level of radiation employees and specification of the establish for evaluation a class of exposure, NIOSH cannot quantitatively cancers incurred by the employees. employees based only on the evaluate health endangerment. The HHS also has not incorporated into information obtained during the attempt procedure that remains in the rule for the rule the recommendation to base to conduct the dose reconstruction for establishing that health may have been determinations of health endangerment the employee covered by such a claim, endangered is described under section on epidemiological comparisons so that adding the employee to the 83.13(b)(3). As recommended by several between the health of congressionally Cohort, together with other employees labor organizations, the advocacy established classes and future classes to who match the same essential groups, and individual commenters, this be designated by the Secretary, or on the characteristics, could be considered by procedure is similar to the approach basis of any other epidemiological the Board and HHS without delay. HHS taken by Congress in 42 U.S.C. comparisons. would then, through collection and

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analysis of additional information, NIOSH decisions to deny evaluations of doses with sufficient accuracy. separately evaluate the possibility that petitions that do not meet minimal Petitioners will be encouraged to define there might be additional groups of petition requirements. Under section a class as specifically as possible and employees whose circumstances are 83.11 of the rule, the Board now has the appropriate with respect to other similar and would hence constitute a option, rather than the duty, to advise parameters, such as dates of broader class of employees at the facility NIOSH concerning such decisions. employment, occupations, specific that should be added to the Cohort, One labor organization recommended locations of work, specific operations of under the procedures specified in against the use of notices in the Federal concern, etc. section 83.13. This system should Register to notify the public about One result of the process of evaluating effectively ensure that classes of relevant actions with respect to a a petition will be to establish the final employees including a cancer claimant petition. The commenter expressed definition of the class, which may differ for whom NIOSH could not complete a concern that such notices would from the class definition as it was dose reconstruction are considered for prolong the time required to consider proposed initially by the petitioner(s). addition to the Cohort as quickly as petitions. An advocacy group, however, The class might be redefined because possible. specifically commended the use of such the proposed definition mixed HHS has not adopted the notices and recommended another employees whose doses can be recommendation to apply regulatory opportunity within the procedures to estimated with others whose doses time limits to the evaluation of provide such notice. cannot be estimated, as commented petitions, the tolling of which would, The notices proposed have been above. Classes will be very specifically without other consideration, result in retained. These notices can be issued by defined, as described under provisions the addition of such petitioning classes HHS without delaying the evaluation of of section 83.13, with respect to a to the Cohort. Such a policy would petitions. The notices serve the variety of employment parameters, such conflict with the requirements under intended purpose of officially informing as dates of employment or job titles, to EEOICPA that Cohort additions be the public of HHS actions of precisely identify the group of limited to classes of employees for consequence. They also serve as a basis employees included in the decision by whom it is not feasible to estimate for further disseminating this the Secretary to add or denying adding radiation doses with sufficient accuracy information through the NIOSH and the class to the Cohort. and whose health may have been other federal agency communications, It is allowable under section 83.9 of endangered by radiation doses. It could public media, and other information this proposed rule to submit a petition also broadly undermine the intent under outlets serving interested parties. defining the class as all the employees EEOICPA to adjudicate cancer claims, One labor organization recommended at the facility or any subset thereof, whenever feasible, consistently with the that the Board meet frequently to insofar as the petition provides adequate requirements cited above: on the basis minimize delays with respect to its role justification for being broadly inclusive. of whether it is ‘‘at least as likely as not’’ in advising the Secretary on Cohort This section of the rule is intended, that such cancers were caused by decisions. radiation doses incurred in the HHS intends to convene the Board as however, to require as much specificity performance of duty for nuclear frequently as necessary and possible for as is consistent with the justification. It weapons programs. this purpose. is in the interest of the petitioners to The establishment of regulatory time specify the class as narrowly as E. Defining a ‘‘Class’’ and Its limits for petitions would be imprudent warranted. In general, the broader the Membership as well, since HHS cannot control the petitioner(s) defines the class, the more scope or volume of petitions it receives. Several individual commenters time will be required to evaluate the A single petition could cover thousands questioned the meaning of a ‘‘class’’ of petition, since HHS will have to of employees involved in hundreds of employees. Relevant to this, one determine whether the proposed class different occupations and activities over commenter wanted to know what would includes heterogeneous groups of many years of operations at a facility. happen if a class included some employees with respect to the HHS could also receive hundreds of members for whom dose reconstruction requirements of this rule. For example, petitions simultaneously. In either of is feasible and others for whom it is not if a petition defines a class as all these circumstances, the resources of feasible. Another commenter wanted to employees who worked in a certain HHS and the Board to evaluate the know whether a petition could cover all building without specifying the relevant petitions within a fixed deadline could the employees of an entire facility, as a time period or relevant occupations, readily be overwhelmed. HHS would single class. Finally, the two advocacy HHS would have to determine whether then be required by regulation to add groups recommended the definition of a all occupations were potentially these classes of employees to the Cohort class allow for the possibility that a exposed to radiation doses that cannot automatically. class of employees was employed at be estimated. It is possible that HHS also received recommendations multiple facilities. Such classes might monitoring or records might be deficient from individuals, employees, survivors, include certain crews of construction or only for employees working during a and a labor organization, to achieve maintenance workers that might have certain period of time, or for certain timeliness by streamlining processes as been assigned to work at several occupations employed in the building. much as possible, and in particular, facilities. By defining the class more broadly again, for claimants for whom NIOSH The concept of a class is defined than warranted, the petitioner(s) also has already established the infeasibility generically in section 83.5 of the rule. risks HHS’s determining against the of completing their dose reconstruction. To summarize, a class is a group of petition in its entirety, despite the As discussed above, HHS has added employees whose members must have possibility that some subgroups covered special procedures to streamline the two factors in common: they must have by the class definition might qualify. petition decision process for claimants. worked at the same facility; and the HHS will be diligent in evaluating major In addition, based on a recommendation availability of records and information subgroups of employees that HHS by the Board, HHS has eliminated a must be comparable with respect to the discerns under a broad class definition, requirement that the Board review feasibility of estimating their radiation but the more broadly the class is

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defined, the less likely HHS is to the exclusive administrative role to J. Use of Federal Register Notices by identify all possible subgroups. ensure that petitions meet basic HHS in the Petition Process HHS has not revised the definition of requirements. Two advocacy groups recommended class to allow for a class of employees HHS has revised the rule consistently that HHS issue a Federal Register defined as having been employed at with the view of the Board. Under notice, in addition to those already multiple facilities, as proposed by section 83.12, the Board will receive all proposed, to inform the public that HHS commenters. The statutory language petitions that NIOSH ultimately finds has sent a report to Congress designating used by Congress in the section of meet the requirements for evaluation. a class for addition to the Cohort, for EEOICPA describing the procedure for Under section 83.10, however, the review by Congress. designating additional members of the Board will not review petitions that HHS omitted such a notice from the Cohort (42 U.S.C. 7384q) does not allow NIOSH finds do not meet the original proposal out of concern that HHS to define a class as a group of requirements for evaluation. It should notifying the public of affirmative employees from multiple facilities. be noted that before making such a final decisions prior to their review by Congress refers to ‘‘facility’’ in the decision, NIOSH will first provide Congress might be confusing, singular form in each place it is used in petitioners with guidance and time to particularly if Congress were to reverse this section (‘‘class of employees at any remedy petitions that initially do not such a decision. It is probably more Department of Energy facility who likely meet the requirements. In light of this important, however, that interested were exposed to radiation at that provision, HHS seeks comment on parties are informed to ensure they have facility’’ in 42 U.S.C. 7384q(a)(1); ‘‘a whether HHS should provide an option the opportunity to make their views Department of Energy facility or at an for petitioners to seek an administrative known to Congress. Hence, HHS agrees atomic weapons employer facility’’ in 42 review of adverse final decisions. with the recommendation and has U.S.C. 7384q(b); (emphasis added in H. Petitions by Claimants added such a notice. both sections)). This limitation would not, however, prevent a petitioner(s) Several individuals recommended K. Publicizing HHS Decisions from submitting petitions separately for against requiring claimants to petition One labor organization recommended employees at each facility at which the when NIOSH has found that it cannot that HHS use other announcement class was employed, defining separate, complete their dose reconstructions. procedures, in addition to publication facility-specific classes. They suggested NIOSH should initiate in the Federal Register, to notify classes action to evaluate such classes of their addition to the Cohort or of F. Modifications and Cancellations of automatically, upon establishing such a Cohort Additions modifications of an added class. finding. HHS intends to work with DOE, DOL, Two labor organizations, the two HHS interprets EEOICPA as requiring AWEs, public media, labor advocacy groups, and several the submission of a petition to initiate organizations, and others to publicize individuals commented on the consideration for adding a class of decisions. Such activities, however, do provisions under section 83.18 of the employees to the Cohort. However, as not require specification in the rule. current proposal allowing the Secretary specified under the dose reconstruction to cancel or modify a class once it is rule (42 CFR part 82.12), NIOSH will L. Transmission of Designations of New established. The commenters encourage claimants in these Classes to DOL recommended such a decision by the circumstances to file a petition. In Two advocacy groups and one labor Secretary should only apply addition, HHS has designed the organization recommended that HHS prospectively, for the adjudication of requirements and procedures to transmit designations adding classes to future claims. In other words, they minimize the burden on these claimants the Cohort to DOL on the first business recommended such a decision should as petitioners. As provided under day following expiration of the 180 day not affect claimants who have already section 83.9, the claimant is required congressional review period. been compensated as a member of the only to authorize a petition. No other HHS has committed in the current Cohort, by potentially requiring the documentation or information is proposal to transmit designations within cessation of medical benefits or the required. five days of either expiration of the return of the lump sum cash benefit. congressional review period or final DOL will determine the relevance of I. Use of Information by the Board for congressional action, whichever occurs such decisions by HHS with respect to Evaluating a Petition first. The five day period is a maximum, claims that DOL has already decided Two labor organizations commented not a minimum, and allows for the and claimants who have already that the statute allows the Board to potential for delay in communications received compensation. provide advice concerning a petition between Congress and HHS and for using information other than exposure administrative processes within HHS. G. Submission of Petitions to the Board assessments by radiation health The two advocacy groups and one professionals and information from M. Eligible Petitioners labor organization recommended that all DOE. This provision of EEOICPA is The initial proposal defined eligible petitions evaluated by NIOSH be specifically quoted under the ‘‘statutory petitioners to include employees, submitted to the Board as well. This requirements. . .’’ sections of this and survivors, and labor organizations. One comment appears to refer to the Board’s the previous notices (see section II.D individual recommended adding to the recommendation that it not have a role above). list of eligible petitioners the in deciding whether or not a petition The initial proposal did not limit the [management] staff of DOE field offices meets the minimal requirements to be information the Board could obtain and and sites, on the basis that they may evaluated by NIOSH, the Board, and consider. However, in response to the have expertise on employee classes with HHS (see Board recommendations in the comment, under section 83.15 of the radiation exposure for whom dose following section). The Board current proposal, HHS has specifically reconstructions may not be feasible. The considered its role to be limited to the authorized the Board to obtain and two advocacy groups recommended that evaluation of qualified petitions and consider such information as it non-union worker advocacy groups be recommended that NIOSH or HHS have considers appropriate. added to the list.

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In section 83.7(c) of the proposal, eliminated the requirement that reconstructions for them, this finding HHS has allowed for a worker or petitioners demonstrate a basis for can serve as the basis for a Cohort survivor to authorize any individual or suspecting the health of the class may petition. entity, such as a worker advocacy group, have been endangered, since the basis P. Basis for Petitioning to petition on behalf of a class. HHS has for establishing health endangerment not specifically added the management under the proposal (a finding that doses One labor organization recommended staff of DOE field offices and sites. cannot be estimated with sufficient that petitioners should be permitted to Employees of DOE sites and field offices accuracy and a determination as to petition on the basis of qualitative or with work experience at DOE sites are whether this finding applies to radiation quantitative information, and any such generally included among those eligible exposure during a discrete exposure information as the Board deems to submit petitions under section 83.7(a) incident or during routine operations) appropriate. The commenter further (if they would themselves be included does not require information available recommended that the petitioner should among the proposed class of employees) to the petitioners. not be required to prove that doses and (c) (if, in the proper discharge of The procedures continue to require cannot be estimated or that health was their official duties, they are petitioning petitioners to justify their concern that endangered. on behalf of other employees who it may not be feasible to estimate the In this rule, HHS has identified would be included in the proposed radiation dose incurred by employees of minimal requirements for a petition. A class). the class with sufficient accuracy. HHS petition that does not meet these One individual raised concerns about has attempted to specify clear and minimal requirements would not one of the introductory sections of the minimal requirements for this present a substantial likelihood of rule (section 83.2), as it was initially justification. The procedures also may identifying a class that should be added proposed. The commenter believed it require petitioners to substantiate the to the Cohort, according to the statutory could be interpreted to require occurrence of discrete exposure requirements for making such additions. employees or survivors to submit a incidents potentially involving high Meeting these petition requirements claim for compensation to DOL as a level exposures, when such an incident does not prove, however, that the prerequisite to petitioning for addition comprises the basis of the petition and statutory requirements will be met; the to the Cohort. if NIOSH is otherwise unable to verify petitioner is not proving that it is not The text of concern, which was the occurrence of incident through other feasible to estimate doses with sufficient explanatory and not procedural, has sources. The evidence that may be accuracy and that doses may have been deleted from the rule to streamline required in these cases, however, is endangered the health of members of the rule as much as possible. Employees similar to informational requirements the class. These statutory requirements and their survivors are not required to that were included in the initial will be determined in the course of submit a claim as a prerequisite to proposed rule. evaluating the petition. petitioning for a class. On the other Finally, HHS has made optional the The Board has had the opportunity to hand, HHS and DOL encourage any use of a petition form for the submission recommend alternatives to the petition employee who has incurred a cancer of petitions, although its use should requirements in the initial proposal. The and hence is eligible to submit a claim assist, rather than burden, petitioners. Board’s recommendations on to do so immediately. Medical benefits requirements for petitions are reflected O. Technical Assistance for Petitioners for a cancer claim awarded under in the current proposal without EEOICPA are established based on the One labor organization and the two exception, as discussed in Section IV date on which the claim is submitted to advocacy groups recommended HHS below. The Board will have the DOL. Any medical costs for the cancer sponsor technical assistance or training opportunity again to recommend incurred before the date the claim is for petitioners to address informational requirements during the public submitted would not be covered. For requirements. The commenters comment period on this second notice. this reason, employees with cancer suggested some petitioners are unlikely HHS will consider any such alternatives should submit claims to DOL without to have sufficient expertise to address for use in the final rule. In addition, delay. these requirements without assistance. section 83.11(c) of the current proposal Although NIOSH will provide would allow the Board to advise NIOSH N. Petition Informational Requirements guidance to petitioners, HHS does not concerning a petition after NIOSH has Labor organizations and the two intend to sponsor independent technical preliminarily found the petition does advocacy groups submitted a variety of experts to assist petitioners in not meet the requirements specified in comments concerning the informational developing the basis for a petition. The the rule. requirements of a petition, and purpose of a petition, as discussed in recommended not requiring the use of a the rule, is to identify classes of Q. Deciding Whether To Petition form for petitioning. In general, these employees that should be considered for Several individuals sought guidance comments argued for less burden on addition to the Cohort. In other words, concerning how one should decide petitioners. it is to bring to the attention of the whether or not to petition to be added Under section 83.9, HHS has reduced Board, NIOSH, and HHS, classes of to the Cohort. One commenter noted the informational requirements employees who were exposed to that he had a claim awaiting dose substantially to comprise a minimal radiation at a DOE or AWE facility but reconstruction and wanted to know basis for justifying a petition. HHS has for whom there are reasonable grounds whether he should petition immediately eliminated the requirement that to suspect radiation doses cannot be or await the outcome of the dose petitioners have sought records from estimated with sufficient accuracy. If a reconstruction. Another commenter DOE or AWEs to demonstrate a basis for petitioner lacks reasonable grounds for noted more generally that an employee concern about the feasibility of identifying such a class, as defined in may want to consider whether he has a estimating radiation doses for the class. the rule, they should not file a petition. better chance of being compensated as HHS recognizes that such efforts could In addition, in cases where members of a member of the Cohort or through dose be of little practical value to the the class submit claims and NIOSH reconstruction. The commenter evaluation of a petition. HHS has also determines that it cannot complete dose recommended that HHS provide in the

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rule as much guidance as possible to estimate doses with sufficient The Secretary may consider such a concerning these decisions. accuracy for these claimants. If NIOSH delegation of authority for the The rule provides clear requirements finds the dose reconstructions cannot be designation of certain classes of explaining who is eligible to petition completed for these claimants, then employees if, upon experience, the and identifying the information required their petition process will be expedited, Secretary finds this is likely to improve of the petitioners. In terms of helping as described above. the effectiveness and efficiency of the individuals decide whether to petition, program. as discussed in the HHS rule on dose R. Use of Unspecified Procedures by reconstruction (42 CFR part 82.12), HHS T. Regulatory Approach NIOSH will directly encourage any One labor organization recommended HHS received several comments claimant for whom it cannot complete a that HHS strike provisions in the concerning the regulatory approach to dose reconstruction to petition. As initially proposed rule (section 83.14(e)) establishing these procedures. One labor discussed above, HHS and DOL also that would have allowed the Secretary organization and the two advocacy encourage any employee who has to make Cohort determinations based on groups recommended this rule be issued incurred a cancer to submit a claim to factors and procedures other than those as an interim final rule to allow HHS DOL immediately, whether or not they specified in the rule. and petitioners to obtain experience submit a petition to HHS, since medical HHS has omitted this provision from with certain elements of the rule before benefits only cover medical costs the current proposed rule. The rulemaking is completed. Three other incurred for the cancer beginning on the provision was intended to permit the labor organizations recommended that date a claim is submitted. Otherwise, Secretary flexibility in responding to these procedures be issued as a general HHS generally encourages petitions novel, unforseen issues that might arise statement of policy rather than a rule, whenever there is justification, as in the course of considering the addition asserting that more flexibility is specified in the rule; in other words, of a particular class of employees. Upon required in such procedures than could whenever it is known that a class of further consideration, HHS believes the be encompassed in a rule. The employees was exposed to radiation that specified procedures of this rule will commenters did not specify, however, was not monitored, either by personal fully and expeditiously serve its the provisions that require greater dosimetry such as radiation badges and purpose. flexibility. biological tests, or by monitoring of the S. Decisionmaking Authority As discussed below, HHS has area in which the class of employees determined that the rule, as initially worked. Knowledge that the records of HHS received several comments proposed, required changes that were such monitoring were destroyed, lost, or concerning its authority to determine not discussed in the initial notice of falsified would also justify submitting a whether or not to add a class of proposed rulemaking and that could not petition. The rule also specifies expert employees to the Cohort. One labor reasonably have been anticipated based sources that may justify a petition. organization recommended HHS be on a reading of the initial notice. For Petitioners should understand, required to comply with the this reason, HHS is issuing this second however, that having justification to recommendation of the Board. Another notice of proposed rulemaking and petition does not mean that the petition labor organization and an advocacy obtaining public comment on this will be successful. For example, in some group recommended the Secretary revised proposal. cases NIOSH may be able to conduct delegate authority for such For the same reason, HHS does not dose reconstructions even when no determinations to the Director of NIOSH find sufficient justification to publish radiation monitoring information is to expedite the determinations. these procedures as an interim final rule available, using knowledge of health Section 3626 of EEOICPA (42 U.S.C. with a request for comments. If HHS physics and with sufficient information 7384q) specifically authorizes the were to issue the current proposal as an on the radiation source, quantity, and President (delegated to the Secretary of interim final rule, the rule and the relevant work processes that might HHS) to determine whether or not to determinations the Secretary would involve radiation exposures. add a class of employees to the Cohort make under the rule could be legally It also may be useful for potential and specifically limits the role of the contested on the basis of HHS not petitioners to understand how HHS Board to providing advice related to having provided sufficient notice and plans to prioritize petitions for such determinations. Hence, this rule opportunity for public comment in evaluation. The highest priority cannot make the recommendations of advance of issuing the rule. Such a petitions will be those based on NIOSH the Board binding on the Secretary. contest could delay implementation of finding that it is unable to complete a Moreover, the Federal Advisory these procedures more substantially dose reconstruction for a claimant. Committee Act, under which the Board than issuance of this second notice. These petitions will be evaluated first is established, specifies the following: HHS considered the issuance of a because in these cases, HHS already ‘‘Unless otherwise specifically provided statement of policy, versus a rule, before knows there is a class of employees for by statute or Presidential directive, issuing the initial proposed rule in June whom dose reconstructions are advisory committees shall be utilized 2002. HHS found then, and continues to infeasible and among whom one or solely for advisory functions. find, that these procedures are more individuals have incurred cancer, Determinations of action to be taken and regulatory in nature, comprising for which a claimant is awaiting a policy to be expressed with respect to requirements that are binding on decision on a claim. The second highest matters upon which an advisory petitioners and on HHS. priority will be petitions for a class of committee reports or makes employees that does not include current recommendations shall be made solely U. Congressional Review Period claimants awaiting dose by the President or an officer of the One individual commented that the reconstructions. The lowest priority will Federal Government.’’ (5 U.S.C.A. App. 180 day congressional review period be petitions including current claimants 2 § 9(b)). should be eliminated or shortened to 60 awaiting dose reconstructions, since the The Secretary can delegate authority days or less. dose reconstruction process will to the Director of NIOSH to determine HHS must allow for the full 180 day determine whether or not it is feasible the designation of classes of employees. review period as required by law under

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section 3621(14)(C)(ii) of EEOICPA (42 X. Non-Regulatory Comment: Basis for May 2–3, and reviewed the initial notice U.S.C. 7384l(14)(C)(ii)). Under section Including Employees of the Gaseous of proposed rulemaking during its 3621(14)(C)(ii), however, Congress can Diffusion Plants in the Cohort public meetings on July 1–2, August 14– reduce this review period to expedite Several individuals questioned the 15, and August 22, 2002. In preparation the addition of a class to the Cohort. basis for the decision by Congress to for the July meeting, the Board members This is acknowledged under section include employees of the gaseous individually reviewed the initial notice 83.17 of this rule. diffusion plants in the Cohort. The of proposed rulemaking, which was published on June 25, 2002. The V. Non-regulatory Comment: Dose commenters believe the potential for health endangering radiation exposure members also considered public Reconstructions for Cohort Members comments on these rules provided With Non-Specified Cancers was as great or greater at other DOE facilities. For this reason, the during public meetings of the Board and HHS received several comments on commenters indicated that Congress at four regional meetings held in July matters extraneous to the rule, but should have included other DOE and August 2002. In addition, NIOSH relevant to the Cohort. facilities in the Cohort. staff members gave formal presentations The two advocacy groups and a labor This is a matter that was decided by on the proposed rule and related issues organization questioned how NIOSH Congress and is beyond the control of during the Board meetings. The would handle cancer claims for HHS. Therefore, HHS has not responded transcripts and minutes of these individuals in the Cohort who have a to the comment. meetings are included in the NIOSH cancer that is not one of the specified docket for this rule and are available to cancers. Y. Non-Regulatory Comment: Basis for the public. Limiting Cohort Provisions to the 22 DOL refers claims for individuals in All of the Board members participated Specified Cancers the Cohort who have a cancer that is not in the review of these guidelines and the one of the specified cancers to NIOSH Several individuals questioned the members present at the August 22 for dose reconstruction. NIOSH will decision by Congress to limit the meeting concurred in establishing the conduct these dose reconstructions if diseases covered by EEOICPA for the Board findings and recommendations. sufficient information is available. The compensation of employees as members The Board provided recommendations situation becomes complicated, of the Cohort to 22 specified cancers. on general issues related to the rule, as well as recommendations for text and however, if the individual may have Commenters questioned why other other changes to specific sections of the incurred radiation doses that NIOSH cancers are not included, as well as rule. The recommendations, which are cannot estimate, because the necessary other illnesses such as acute health available to the public from the NIOSH information is not available. This will effects from high levels of radiation and Docket, are summarized below, together be true for classes of employees added diseases related to exposure to asbestos with responses by HHS to the to the Cohort by the Secretary. and heavy metals. recommendations. NIOSH will develop dose This is a matter that was decided by reconstruction procedures with the Congress and is beyond the control of A. Dose Reconstruction for Members of advice of the Board to address these HHS. Therefore, HHS has not responded the Cohort circumstances. The procedures will to the comment. HHS notes that Congress also Claims for cancers that are not have to resolve the issue of whether or included among the specified cancers not to assign a radiation dose covering established Part D of EEOICPA to assist DOE contractor employees in seeking cannot be compensated under a potential exposure that cannot be provisions of EEOICPA covering estimated with sufficient accuracy, and compensation through the appropriate state workers’ compensation systems for members of the Cohort. These claims if so, how to determine the will require a NIOSH dose characteristics and quantity of dose to occupational illnesses related to toxic exposures at DOE facilities. reconstruction and a probability of be assigned. This issue is further causation determination by DOL, discussed under section IV in response Z. Non-Regulatory Comment: despite the fact that the employee is a to a recommendation by the Board. Recommendations for Adding Specific member of the Cohort. The Board W. Non-Regulatory Comment: Giving Classes to the Cohort recommended that NIOSH review the Claimants the Benefit of the Doubt in A labor organization, an advocacy proposed rule to ensure it does not Dose Reconstructions group, and several individuals preclude appropriate handling of these recommended the addition of specific dose reconstructions. Relatedly, the One labor organization commented employee classes to the Cohort. Board also recommended that NIOSH that NIOSH dose reconstructions should This rule must be promulgated develop procedures [for dose give the benefit of the doubt to the through the issuance of a final rule reconstructions] for claims for which claimants when making assumptions before petitions can be evaluated. the employee’s dose history is partially concerning potentially unknown factors, NIOSH will notify individuals and but not completely covered in the such as the solubility of a radioactive organizations who have indicated an employment parameters that define a material. interest in petitioning at that time. Cohort class. NIOSH gives the benefit of the doubt As discussed in response to similar to claimants when making assumptions IV. Recommendations of the Advisory public comments, this proposed rule concerning unknown factors, except Board on Radiation and Worker Health would not affect claims that require when the claim involves recorded doses HHS requested the Board to consider dose reconstructions. The determination sufficiently high to qualify for issues related to making additions to the by the Secretary to add a class of compensation without full development Cohort. As discussed above, the Board employees to the Cohort does, however, of the dose estimate. The NIOSH has an integral role in the evaluation of have implications for the conduct of implementation guides for dose petitions to add classes of employees to dose reconstructions for these members reconstructions, which are available the Cohort. of the Cohort. When HHS adds members from NIOSH, consistently illustrate this The Board reviewed issues related to to the Cohort, HHS will have policy. the Cohort during its public meeting on determined that radiation doses for

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those members cannot be estimated to complete an individual dose under which petitions can be with sufficient accuracy. Hence, NIOSH reconstruction with sufficient accuracy. considered. may not be able to complete dose This would assist potential petitioners E. Recommendations for Section 83.1 reconstructions for these members. to understand the criteria that will be and 83.2 The ability of NIOSH to conduct such used to evaluate a petition. The Board dose reconstructions may depend on also recommended NIOSH develop The Board recommended that HHS whether the claim is for an employee guidelines outlining the criteria for add text to this introductory section of who had radiation exposures that were determining that the available data are the rule to specify that NIOSH would not considered in designating his class not adequate for conducting dose take an active role in identifying classes of employees as part of the Cohort. If the reconstructions, and recommended HHS that should consider petitioning and in employee had sufficient radiation consider the use of time limits. The assisting employees in such classes to exposure outside of his work experience Board recommended the Board serve as petition. as a member of the Cohort to qualify for a reviewer of these guidelines. The dose reconstruction rule (42 CFR compensation, then his dose As discussed in response to similar part 82.12) specifies the active role reconstruction could be completed on comments from the public, HHS has NIOSH will take to encourage and assist the basis of this extraneous work included in the proposed rule a claimants to petition for the addition of history. In addition, the ability to criterion and guidance for how it would a class, on the basis that their dose complete such dose reconstructions may determine under this rule that it is not reconstructions could not be completed. depend on whether NIOSH determines feasible to estimate radiation doses with In addition, this proposed rule specifies it could assign doses that cannot be sufficient accuracy. This guidance for the assistance NIOSH will provide to estimated, and on the procedures that the public will be supplemented by petitioners who have not initially would be established for such claims. NIOSH reports summarizing conditions provided sufficient information for their NIOSH will discuss with the Board this in which it finds it is unable to petition. option to assign doses. Of particular complete a dose reconstruction, as such HHS does not agree that the proposed importance, NIOSH cannot establish a cases arise. In addition, NIOSH will rule should also include a commitment procedure that conflicts with provisions consider the use of a time limit or time for NIOSH to identify employees for of EEOICPA. EEOICPA strictly limits the guidelines for individual dose whom it has not conducted dose list of specified cancers that can reconstructions under 42 CFR part 82, reconstructions, to encourage and assist presumptively qualify members of the once the program has reached full them in petitioning. However, if, in the Cohort for compensation. operating capacity. course of its work in obtaining information for dose reconstructions, B. Procedures for Determining Health NIOSH will also consult with the NIOSH learns of other classes of Endangerment Board to supplement the criterion and employees that have a basis for guidance provided in the rule in the HHS initially proposed that health petitioning, NIOSH would attempt to form of dose reconstruction guidelines. endangerment would be evaluated using assist them. cancer risk models (NIOSH-IREP) to It is possible, however, that the basis for The Board also recommended HHS determine a level of dose that would these determinations will not be revise section 83.1 or 83.2 to clarify that constitute health endangerment and definable by additional, broadly the purpose of petitions is not to serve then by determining, subjectively if applicable criteria, beyond the criterion as an appeal for claimants whose dose necessary, whether a class of employees and guidance provided in the rule. If so, reconstructions did not lead to could have incurred such a dose level case-specific summaries of compensation. DOL has established or higher. The Board considered these circumstances when NIOSH could not procedures under 20 CFR part 30 for procedures to be inadequately justified complete dose reconstructions, as claimants who want to contest the and potentially unfair. It recommended, discussed above, might provide the best factual determinations or how NIOSH without specificity, that NIOSH possible guidance on this issue. conducted their dose reconstructions. consider other procedures. D. Regulatory Approach HHS has added text to section 83.1 to HHS finds these comments from the make this clarification. Board and similar public comments to The Board recommended that HHS be persuasive and is thus proposing consider issuing these regulations as an F. Recommendation for Section 83.5 substantially different procedures for interim final rule rather than a final The Board recommended the determining health endangerment that rule. The Board was concerned that definition of ‘‘class’’ include the do not make use of cancer risk models. certain aspects of the final rule, if stipulation that the members of a class Instead, HHS is proposing to define the similar to the rule initially proposed in have worked during a common time class members who have potential June 2002, might prove through period. exposures that cannot be estimated with implementation to require additional Section 83.13 allows NIOSH to define sufficient accuracy and will use a changes. If this were to occur, class membership in terms of the time duration of employment criterion. The consideration of petitions would be period as well as other potentially specific 250 day criterion applied by substantially delayed while HHS relevant employment parameters. In Congress in defining which employees conducted another rulemaking with a contrast, the generic definition of class of the gaseous diffusion plants are new proposal for notice and public provided in section 83.5 is intended to included in the Cohort under 42 U.S.C. comment. describe briefly only the invariable 7384l(14) will serve as a default value, As discussed above in response to characteristics of a class, to aid readers when a shorter duration cannot be public comments, HHS has made of the rule. Time period may not always justified. substantial changes to the proposed rule be a defining characteristic. It is that require issuing another notice of possible there will be classes C. Dose Reconstructions Guidelines proposed rulemaking. In addition, as comprising workers from several The Board recommended HHS clarify discussed previously, HHS believes this distinct time periods relating to in the preamble of this rule the criteria is likely to be the most expeditious intermittent operations. Also, the time for determining when it is not possible approach to establishing procedures period could be irrelevant if a class

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comprised all individuals who comment, however, on whether sufficient accuracy; revised procedures performed a certain task or manned a petitioners should have the option to for establishing health endangerment, certain type of operation at a facility. seek an administrative review of adverse which eliminate the use of cancer risk final decisions. models and of subjective judgments to G. Recommendations for Section 83.9 quantify potential radiation doses; the I. Recommendation on Section 83.13 The Board recommended HHS potential for defining a class to be added eliminate the proposed requirement that Section 83.13 of the initially proposed to the Cohort by type of cancer in petitioners obtain from DOE or an AWE rule (now section 83.15) specifies the addition to previously specified a response to a request for records, process by which the Board will review employment parameters; and expedited indicating that dosimetry records are petitions. This section includes a procedures for evaluating petitions by unavailable pertaining to radiation provision for inviting petitioners to claimants for whom NIOSH lacked exposures incurred by employees. The present directly to the Board concerning sufficient information to complete dose Board noted that it may not be possible their petition and NIOSH evaluation reconstructions. for petitioners to obtain such a response findings addressing their petition. from AWEs and from DOE for certain The Board recommended changes to VI. Regulatory Assessment DOE employees. The Board suggested this section to emphasize that the Requirements HHS consider requiring a ‘‘good faith Board’s role is advisory, not A. Executive Order 12866 effort’’ to obtain records instead. adjudicatory; and to clarify that the Under executive order (E.O) 12866 (58 As discussed in response to this recommendations of the Board are only FR 51735, October 4, 1993), the Agency comment from the public, HHS agrees part of the information to be considered must determine whether a regulatory and has eliminated this proposed by the Secretary in making a decision action is ‘‘significant’’ and therefore requirement. HHS has decided not to with respect to a petition. propose any requirement with respect to HHS has revised section 83.15 and subject to review by the Office of the procurement of records, even for a 83.16 to address the concerns of the Management and Budget (OMB) and the good faith effort, since this would be Board. As recommended by the Board, requirements of the executive order. burdensome to petitioners and often the term ‘‘evidence’’ is omitted from Under section 3(f), the order defines a without value to the evaluation of the section 83.15, and section 83.16 clearly ‘‘significant regulatory action’’ as an petition. specifies that the Board action that is likely to result in a rule The Board also recommended that recommendations are only part of the (1) Having an annual effect on the HHS add an element to this section information to be considered by the economy of $100 million or more, or allowing petitioners to submit a Secretary in reaching a decision. adversely and materially affecting a government report or published sector of the economy, productivity, scientific report concerning a deficiency J. Recommendation on Section 83.14 competition, jobs, the environment, of dosimetry records as a basis for Section 83.14 of the initially proposed public health or safety, or State, local, petitioning. HHS agrees and has added rule provided the Secretary with or tribal governments or communities this option. flexibility to make use of unspecified (also referred to as ‘‘economically procedures and information to address significant’’); (2) creating serious H. Recommendation for Section 83.10 novel, unforeseen circumstances in the inconsistency or otherwise interfering Section 83.10 of the initially proposed evaluation of a petition. The Board was with an action taken or planned by rule (now section 83.11) included the concerned about the broad latitude that another agency; (3) materially altering Board in the process for selecting this authority would provide the the budgetary impacts of entitlements, petitions for evaluation. The Board Secretary, and recommended that the grants, user fees, or loan programs or the would review each petition that HHS rule require that such unspecified rights and obligations of recipients proposes to deny an evaluation (because procedures as might be applied under thereof; or (4) raising novel legal or the petition does not meet requirements this broad authority would not conflict policy issues arising out of legal specified in section 83.9) prior to HHS’s with procedures specified in the rule. mandates, the President’s priorities, or making a decision. As discussed in response to similar the principles set forth in this Executive The Board recommended HHS public comments, HHS has omitted Order. This notice of proposed independently select petitions for from the current rule authority for the rulemaking is being treated as a evaluation, without the involvement of Secretary to make use of unspecified ‘‘significant regulatory action’’ within the Board. The Board was particularly procedures under this rule. Upon the meaning of the executive order concerned about its ability to handle further consideration, HHS believes the because it meets the criterion of section this work load and did not consider as specified procedures of this rule will 3(f)(4) in that it raises novel or legal crucial its judgment on the fully and expeditiously serve its policy issues arising out of the legal qualifications of a petition to receive an purpose. mandate established by EEOICPA. It evaluation. proposes to establish practical HHS has revised the petition selection V. Publication of a Second Notice of procedures, grounded in current process in response to the concerns of Proposed Rulemaking science, by which the Secretary of HHS the Board. Accordingly, the Board will HHS is publishing this second notice can fairly consider petitions to add not review petitions that NIOSH finds of proposed rulemaking to provide classes of employees to the Cohort. The do not meet the requirements for a opportunity for public comment on the financial cost to the federal government petition. This change should also be changes to the initial proposal discussed of responding to these petitions is likely considered in light of the clarified and above. Some of these changes are to vary from several thousand dollars to simplified petition requirements substantial and were not discussed as as much as tens of thousands of dollars, specified in this current proposal, and options in the initial notice, nor were depending on the availability of the process by which NIOSH will assist they otherwise foreseeable extensions, information and scope of the petition. petitioners whose petitioners do not abbreviations, or variations of the initial The notice of proposed rulemaking initially meet the requirements, before proposal. These substantial changes carefully explains the manner in which making a final decision. HHS seeks include: a more qualified definition of the procedures are consistent with the

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mandate of 42 U.S.C. 7384q and announcing its intent to collect this data federalism, and has determined that it implements the detailed requirements of and seek OMB approval of the data does not have ‘‘federalism that section. The proposal does not collection instrument. implications.’’ The proposed rule does interfere with State, local, and tribal not ‘‘have substantial direct effects on D. Small Business Regulatory governments in the exercise of their the States, on the relationship between Enforcement Fairness Act governmental functions. the national government and the States, The proposal is not considered As required by Congress under the or on the distribution of power and economically significant, as defined in Small Business Regulatory Enforcement responsibilities among the various § 3(f)(1) of the E.O. 12866. It has a Fairness Act of 1996 (5 U.S.C. 801 et levels of government.’’ subordinate role in the adjudication of seq.), the Department will report to claims under EEOICPA, serving as one Congress promulgation of this proposed H. Executive Order 13045 (Protection of element of an adjudication process rule prior to its effective date. The Children From Environmental, Health administered by DOL under 20 CFR report will state that the Department has Risks and Safety Risks) parts 1 and 30. DOL has determined that concluded that this proposed rule is not In accordance with Executive Order its rule fulfills the requirements of E.O. a ‘‘major rule’’ because it is not likely 13045, HHS has evaluated the 12866 and provides estimates of the to result in an annual effect on the environmental health and safety effects aggregate cost of benefits and economy of $100 million or more. of this proposed rule on children. HHS administrative expenses of However, this proposed rule has a has determined that the proposed rule implementing EEOICPA under its rule subordinate role in the adjudication of would have no effect on children. (see 66 FR 28948, May 25, 2001). OMB claims under EEOICPA, serving as one I. Executive Order 13211 (Actions has reviewed this proposal for element of an adjudication process Concerning Regulations That consistency with the President’s administered by DOL under 20 CFR Significantly Affect Energy Supply, priorities and the principles set forth in parts 1 and 30. DOL has determined that Distribution, or Use) E.O. 12866. its rule is a ‘‘major rule’’ because it will In accordance with Executive Order B. Regulatory Flexibility Act likely result in an annual effect on the economy of $100 million or more. 13211, HHS has evaluated the effects of The Regulatory Flexibility Act (RFA), this proposed rule on energy supply, 5 U.S.C. 601 et seq., requires each E. Unfunded Mandates Reform Act of distribution or use, and has determined agency to consider the potential impact 1995 that the proposed rule will not have a of its regulations on small entities Title II of the Unfunded Mandates significant adverse effect on them. including small businesses, small Reform Act of 1995 (2 U.S.C. 1531 et governmental units, and small not-for- seq.) directs agencies to assess the List of Subjects in 42 CFR Part 83 profit organizations. We certify that this effects of Federal regulatory actions on Government employees, Occupational proposed rule will not have a significant State, local, and tribal governments, and safety and health, Nuclear materials, economic impact on a substantial the private sector ‘‘other than to the Radiation protection, Radioactive number of small entities within the extent that such regulations incorporate materials, Workers’ compensation. meaning of the RFA. This proposal requirements specifically set forth in Text of the Rule affects only DOL, DOE, HHS, and law.’’ For purposes of the Unfunded certain individuals covered by Mandates Reform Act, this proposed For the reasons discussed in the EEOICPA. Therefore, a regulatory rule does not include any Federal preamble, the Department of Health and flexibility analysis as provided for mandate that may result in increased Human Services proposes to amend 42 under RFA is not required. annual expenditures in excess of $100 CFR Chapter I by adding Part 83 to read as follows: C. What Are the Paperwork and Other million by State, local or tribal Information Collection Requirements governments in the aggregate, or by the private sector. PART 83—PROCEDURES FOR (Subject to the Paperwork Reduction DESIGNATING CLASSES OF Act) Imposed Under This Proposed F. Executive Order 12988 (Civil Justice) EMPLOYEES AS MEMBERS OF THE Rule, and How Are Comments This proposed rule has been drafted SPECIAL EXPOSURE COHORT UNDER Submitted? and reviewed in accordance with THE ENERGY EMPLOYEES Under the Paperwork Reduction Act Executive Order 12988, Civil Justice OCCUPATIONAL ILLNESS of 1995, a Federal agency shall not Reform and will not unduly burden the COMPENSATION PROGRAM ACT OF conduct or sponsor a collection of Federal court system. HHS adverse 2000 information from ten or more persons decisions may be reviewed in United Subpart A—Introduction other than Federal employees unless the States District Courts pursuant to the agency has submitted a Standard Form Administrative Procedure Act. HHS has Sec. 83.0 Background information on the 83, Clearance Request, and Notice of attempted to minimize that burden by Action, to the Director of the Office of procedures in this part. providing petitioners an opportunity to 83.1 What is the purpose of the procedures Management and Budget (OMB), and seek administrative review of adverse in this part? the Director has approved the proposed decisions. HHS has provided a clear 83.2 How will DOL use the designations collection of information. A person is legal standard it will apply in established under the procedures in this not required to respond to a collection considering petitions. This proposed part? of information unless it displays a rule has been reviewed carefully to Subpart B—Definitions currently valid OMB control number. eliminate drafting errors and 83.5 Definitions of terms used in the The Paperwork Reduction Act is ambiguities. applicable to the data collection aspects procedures in this part. of these proposed procedures. The G. Executive Order 13132 (Federalism) Subpart C—Procedures for Adding Classes Centers for Disease Control and The Department has reviewed this of Employees to the Cohort Prevention will publish a separate proposed rule in accordance with 83.6 Overview of the procedures in this notice in the Federal Register Executive Order 13132 regarding part.

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83.7 Who can submit a petition on behalf of Section 3621(14) of EEOICPA (42 U.S.C. Subpart B—Definitions a class of employees? 7384l(14)) includes certain classes of 83.8 How is a petition submitted? employees in the Cohort. Section 3626 § 83.5 Definitions of Terms Used in the 83.9 What information must a petition Procedures in this part. of the Act (42 U.S.C. 7384q) authorizes include? (a) Advisory Board on Radiation and the addition to the Cohort of other 83.10 If a petition satisfies all relevant Worker Health (‘‘the Board’’) is a federal classes of employees. This authority has requirements under § 83.9, does this advisory committee established under mean the class will be added to the been delegated to the Secretary of HHS EEOICPA and appointed by the Cohort? by Executive Order 13179. 83.11 What happens to petitions that do not President to advise HHS in satisfy all relevant requirements under § 83.1 What is the purpose of the implementing its responsibilities under §§ 83.7 through 83.9? procedures in this part? EEOICPA. 83.12 How will NIOSH notify petitioners, (b) Atomic Weapons Employer the Board, and the public of petitions EEOICPA authorizes the President to (‘‘AWE’’) is a statutory term of EEOICPA that have been selected for evaluation? add classes of employees to the Cohort, which means any entity, other than the 83.13 How will NIOSH evaluate petitions, while providing Congress with the United States, that: other than petitions by claimants opportunity to review and expedite or (1) Processed or produced, for use by covered under § 83.14? reverse these decisions. The President the United States, material that emitted 83.14 How will NIOSH evaluate a petition radiation and was used in the by a claimant whose dose reconstruction delegated his authority to the Secretary NIOSH could not complete under 42 of HHS. This part specifies the production of an atomic weapon, CFR Part 82? procedures by which HHS will excluding uranium mining and milling; 83.15 How will the Board consider and determine whether to add new classes and (2) Is designated by the Secretary of advise the Secretary on a petition? of employees from DOE and AWE Energy as an atomic weapons employer 83.16 How will the Secretary decide the facilities to the Cohort. HHS will outcome of a petition? for purposes of EEOICPA. 83.17 What is the role of Congress in acting consider adding new classes of (c) Class of employees means, for the upon the final decision of the Secretary employees in response to petitions by or purposes of this rule, a group of to add a class of employees to the on behalf of such classes of employees. employees who work or worked at the Cohort? The procedures specify requirements for same DOE or AWE facility, and for 83.18 How can the Secretary cancel or petitions and for their consideration. whom the availability of information modify a final decision to add a class of These requirements are intended to employees to the Cohort? and recorded data on radiation ensure that petitions are submitted by exposures is comparable with respect to Authority: 42 U.S.C. 7384q; E.O. 13179, 65 authorized parties, are justified, and the informational needs of dose FR 77487, 3 CFR, 2000 Comp., p. 321. receive uniform, fair, scientific reconstructions conducted under 42 Subpart A—Introduction consideration. The procedures are also CFR part 82. designed to give petitioners and (d) HHS is the U.S. Department of § 83.0 Background information on the interested parties opportunity for Health and Human Services. procedures in this part. appropriate involvement in the process, (e) DOE is the U.S. Department of The Energy Employees Occupational and to ensure that the process is timely Energy, which includes predecessor agencies of DOE, including the Illness Compensation Program Act, as and consistent with requirements amended (‘‘EEOICPA’’ or ‘‘the Act’’), 42 Manhattan Engineering District. specified in EEOICPA. The procedures (f) DOL is the U.S. Department of U.S.C. 7384 et seq., provides for the are not intended to provide a second payment of compensation benefits to Labor. opportunity to qualify a claim for (g) Employee, for the purposes of covered employees and, where compensation, once HHS has completed these procedures, means a person who applicable, survivors of such employees, the dose reconstruction and DOL has is or was, for the purposes of EEOICPA, of the United States Department of determined that the cancer subject to an employee of DOE, a DOE contractor Energy (‘‘DOE’’), its predecessor the claim was not ‘‘at least as likely as or subcontractor, or an Atomic Weapons agencies and certain of its contractors not’’ caused by the estimated radiation Employer. and subcontractors. Among the types of doses. DOL has established procedures (h) NIOSH is the National Institute for illnesses for which compensation may separate from those covered by this rule, Occupational Safety and Health, Centers be provided are cancers. There are two under 20 CFR part 30, for cancer for Disease Control and Prevention, U.S. methods set forth in the statute for claimants who want to contest the Department of Health and Human claimants to establish that a cancer Services. incurred by a covered worker is factual determinations or how NIOSH conducted their dose reconstructions. (i) Radiation means ionizing compensable under EEOICPA. The first radiation, including alpha particles, beta is to establish that the cancer is at least § 83.2 How will DOL use the designations particles, gamma rays, x rays, neutrons, as likely as not related to covered established under the procedures in this protons and other particles capable of employment at a DOE or Atomic part? producing ions in the body. For the Weapons Employer (‘‘AWE’’) facility purposes of the proposed procedures, DOL will adjudicate compensation pursuant to guidelines issued by the radiation does not include sources of claims for members of classes of Department of Health and Human non-ionizing radiation such as radio- employees added to the Cohort Services (‘‘HHS’’), which are found at 42 frequency radiation, microwaves, visible CFR part 81. The second method to according to the same general light, and infrared or ultraviolet light establish that a cancer incurred by a procedures that apply to the statutorily radiation. covered worker is compensable under defined classes of employees in the (j) Secretary is the Secretary of Health EEOICPA is to establish that the worker Cohort. Specifically, DOL will and Human Services. is a member of the Special Exposure determine whether the claim is for a (k) Specified cancer as defined in Cohort (‘‘the Cohort’’) and suffered a qualified member of the Cohort with a § 3621 of EEOICPA (42 U.S.C. 7384l(17)) specified cancer after beginning specified cancer, pursuant to the and the DOL regulation implementing employment at a DOE or AWE facility. procedures set forth in 20 CFR Part 30. EEOICPA (20 CFR 30.5(dd)) means:

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(1) Leukemia (other than chronic the dose reconstruction. As required by (c) The petition must include the lymphocytic leukemia) provided that EEOICPA, the procedures in this part following: onset of the disease was at least two include formal notice to Congress of any (1) A proposed class definition 1 years after initial occupational decision by the Secretary to add a class specifying: exposure; to the Cohort, and the opportunity for (i) The DOE or AWE facility at which (2) Lung cancer (other than in situ Congress to expedite or change the the class worked; lung cancer that is discovered during or outcome of the decision. (ii) The location or locations at the after a post-mortem exam); facility covered by the petition (e.g., (3) Bone cancer; § 83.7 Who can submit a petition on behalf building, technical area); of a class of employees? (4) Renal cancers; (iii) The job titles and/or job duties of (5) The following diseases, provided A petitioner or petitioners must be the class members; onset was at least 5 years after first one or more of the following: (iv) The period of employment exposure: (a) One or more DOE, DOE contractor relevant to the petition; (i) Multiple myeloma; or subcontractor, or AWE employees, (v) Identification of any exposure (ii) Lymphomas (other than Hodgkin’s who would be included in the proposed incident that was unmonitored, disease); class of employees, or their survivors; or unrecorded, or inadequately monitored (iii) Primary cancer of the: (b) One or more labor organizations or recorded, if such incident comprises (A) Thyroid; representing or formerly having the basis of the petition; and (B) Male or female breast; represented DOE, DOE contractor or (2) A description of the petitioner’s (C) Esophagus; subcontractor, or AWE employees, who (petitioners’) basis for believing records (D) Stomach; would be included in the proposed class and information available are (E) Pharynx; of employees; or inadequate to estimate the radiation (F) Small intestine; (c) One or more individuals or entities doses incurred by members of the (G) Pancreas; authorized in writing by one or more proposed class of employees with (H) Bile ducts; DOE, DOE contractor or subcontractor, sufficient accuracy. This description (I) Gall bladder; or AWE employees, who would be must include one of the following (J) Salivary gland; included in the proposed class of elements: (K) Urinary bladder; employees, or their survivors. (i) Documentation or statements (L) Brain; provided by affidavit indicating that § 83.8 How is a petition submitted? (M) Colon; radiation exposures and doses to (N) Ovary; The petitioner(s) must send a petition members of the proposed class were not (O) Liver (except if cirrhosis or in writing to NIOSH. A petition must monitored, either through personal or hepatitis B is indicated). provide identifying and contact area monitoring; or (6) The specified diseases designated information on the petitioner(s) and (ii) Documentation or statements in this section mean the physiological information to justify the petition, as provided by affidavit indicating that condition or conditions that are specified under § 83.9. Detailed radiation monitoring records for recognized by the National Cancer instructions for preparing and members of the proposed class have Institute under those names or submitting a petition, including an been lost, falsified, or destroyed; or nomenclature, or under any previously optional petition form, are available (iii) A report from a health physicist accepted or commonly used names or from NIOSH through direct request (1– or other individual with expertise in nomenclature. 800–35–NIOSH) or on the Internet at dose reconstruction documenting the (l) Survivor means a surviving spouse, www.cdc.gov/niosh/ocas. limitations of existing DOE or AWE child, parent, grandchild and records on radiation exposures at the § 83.9 What information must a petition facility, as relevant to the petition, and grandparent of a deceased covered include? employee as defined in EEOICPA. specifying the basis for finding these (a) All petitions must provide documented limitations might prevent Subpart C—Procedures for Adding identifying and contact information on the completion of dose reconstructions Classes of Employees to the Cohort the petitioner(s). The information for members of the class under 42 CFR required to justify a petition differs, part 82 and related NIOSH technical § 83.6 Overview of the procedures in this depending on the basis of the petition. implementation guidelines; or part. If the petition is by a claimant in (iv) A report published by a scientific The procedures in this part specify response to a finding by NIOSH that the government agency or published in a who may petition to add a class of dose reconstruction for the claimant peer-reviewed scientific journal that employees to the Cohort, the cannot be completed, then the petition identifies dosimetry and related requirements for such a petition, how a must provide only the justification information that are unavailable (due to petition will be selected for evaluation specified under paragraph (b) of this either a lack of monitoring or the by NIOSH and for the advice of the section. All other petitions must provide destruction or loss of records) for Board, and the process NIOSH, the only the information specified under estimating the radiation doses of Board, and the Secretary will use to paragraph (c) of this section. The employees covered by the petition and consider a petition, leading to the informational requirements for petitions also finds that such information might Secretary’s final determination to accept are also summarized in Table 1 at the be essential to produce such estimates. or deny adding a class to the Cohort. end of this section. (3) If the petition is based on an Special procedures are included for (b) The petition must notify NIOSH exposure incident as described under considering the addition of a class of that the claimant is petitioning on the paragraph (c)(1)(v) of this section, the employees to the Cohort when NIOSH basis that NIOSH found, under 42 CFR petitioner(s) may be required to provide finds, through the process of attempting 82.12, that the dose reconstruction for evidence that the incident occurred, if a dose reconstruction for an employee the claimant could not be completed under 42 CFR 82.12, that available due to insufficient records and 1 HHS will determine the final class definition for information is insufficient to complete information. each petition (see § 83.16 of these procedures).

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NIOSH is unable to obtain records or a high level radiation dose from the providing this evidence is consistent confirmation of the occurrence of such incident, such as a depressed white with other information available to an incident from sources independent of blood cell count associated with HHS. the petitioner(s). In such cases, either of radiation exposure or the application of the following may qualify as evidence: chelation therapy; or (i) Medical evidence that one or more (ii) Confirmation by affidavit from two members of the class may have incurred employees who witnessed the incident,

TABLE 1 FOR § 83.9.—SUMMARY OF INFORMATIONAL REQUIREMENTS FOR PETITIONS [Petitioner(s) must submit identifying and contact information and either A. or B. of this table]

A. The claimant’s authorization of the petition, based on NIOSH having B. (1) Proposed class definition identifying: (i) Facility, (ii) relevant loca- found it could not complete a dose reconstruction for the claimant tions at the facility; (iii) job titles/duties, (iv) period of employment, submitting the petition; or and if relevant, (v) exposure incident. (2) Basis for infeasibility of dose reconstruction; either: (i) Lack of moni- toring; or (ii) destruction, falsification, or loss of records; or (iii) expert report; or (iv) published scientific report.

§ 83.10 If a petition satisfies all relevant petitions represent the same class of populations and records from dose requirements under § 83.9, does this mean employees. reconstructions conducted under 42 the class will be added to the Cohort? (c) NIOSH will present petitions CFR part 82; Satisfying the informational selected for evaluation to the Board with (7) Records from research, dose requirements for a petition does not plans specific to evaluating each reconstructions, medical screening mean the class will be added to the petition. Each evaluation plan will programs, and other related activities Cohort. It means the petition will include the following elements: conducted to evaluate the health and/or receive a full evaluation by NIOSH, the (1) An initial proposed definition for radiation exposures of employees of Board, and HHS, as described under the class being evaluated, subject to DOE, DOE contractors or subcontractors, §§ 83.13 through 83.16. The role of the revision as warranted by the evaluation and the AWEs; and petitioner(s) is to identify classes of conducted under § 83.13; and (8) Other sources. employees that should be considered for (2) A list of activities for evaluating (b) NIOSH will evaluate records and addition to the Cohort. the radiation exposure potential of the information collected to make the § 83.11 What happens to petitions that do class and the adequacy of existing following determinations: not satisfy all relevant requirements under records and information needed to (1) Is it feasible to estimate the level §§ 83.7 through 83.9? conduct dose reconstructions for all of radiation doses of individual (a) NIOSH will notify the petitioner(s) class members under 42 CFR part 82. members of the class with sufficient of any requirements that are not met by (d) NIOSH may initiate work to accuracy? (i) Radiation doses can be the petition, assist the petitioner(s) with evaluate a petition immediately, prior to estimated with sufficient accuracy if guidance in developing relevant presenting the petition and evaluation NIOSH has established that it has access information, and provide 30 calendar plan to the Board. to sufficient information to estimate the days for the petitioner(s) to revise the (e) NIOSH will publish a notice in the maximum radiation dose that could petition accordingly. Federal Register notifying the public of have been incurred in plausible (b) After 30 calendar days from the its decision to evaluate a petition. circumstances by any member of the date of notification under paragraph (a) § 83.13 How will NIOSH evaluate petitions, class. of this section, NIOSH will notify the other than petitions by claimants covered (ii) In general, to establish a positive petitioner(s) of its decision to evaluate under § 83.14? finding under paragraph (b)(1)(i) of this the petition, or its final decision that the (a) NIOSH will collect information on section would require, at a minimum, petition has failed to meet the the types and levels of radiation that NIOSH have access to reliable requirements for evaluation and the exposures that potential members of the information on the identity or set of basis for this decision. class may have incurred, as specified possible identities and maximum (c) Based on new information, NIOSH under 42 CFR 82.14, from the following quantity of each radioisotope (the may, at its discretion, reconsider a potential sources, as necessary: radioactive source material) to which decision not to select a petition for (1) The petition or petitions submitted members of the class were potentially evaluation. on behalf of the class; exposed without adequate protection. § 83.12 How will NIOSH notify petitioners, (2) DOE and AWE facility records and Alternatively, if members of the class the Board, and the public of petitions that information; were potentially exposed without have been selected for evaluation? (3) Potential members of the class and adequate protection to unmonitored (a) NIOSH will notify the petitioner(s) their survivors; radiation from radiation generating in writing that it has selected the (4) Labor organizations who represent equipment (e.g., particle accelerator, petition for evaluation. NIOSH will also or represented employees at the facility industrial x-ray equipment), in general, provide the petitioner(s) with during the relevant period of NIOSH would require relevant information on the steps of the employment; equipment design and performance evaluation and other processes required (5) Managers, radiation safety specifications or information on pursuant to these procedures. officials, and other witnesses present maximum emissions. (b) NIOSH will combine separate during the relevant period of (iii) In general, access to personal petitions and evaluate them as a single employment at the DOE or AWE facility; dosimetry data and area monitoring data petition if, at this or at any point in the (6) NIOSH records from are not necessary to estimate the evaluation process, NIOSH finds such epidemiological research on DOE maximum radiation doses that could

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have been incurred by any member of incident, as described under paragraph to certain tissue-specific cancer sites, the class. (b)(3)(i) of this section, NIOSH will relevant to individuals with specific (iv) If NIOSH determines that it is not specify a minimum duration of types of cancers. feasible to estimate radiation doses with employment to satisfy the health (5) a summary of the findings sufficient accuracy, NIOSH will also endangerment criterion as having been concerning the adequacy of existing determine whether such finding is employed for a number of work days records and information for limited to radiation doses incurred at aggregating at least 250 work days reconstructing doses for individual certain tissue-specific cancer sites, and within the employment parameters members of the class under the methods hence limited to specific types of established for the class. of 42 CFR part 82; and a description of cancers (whether or not such cancer(s) (c) NIOSH will submit a report of its the evaluation methods and information is a specified cancer under § 83.5(k)). evaluation findings to the Board and to upon which these findings are based. (2) How should the class be defined, the petitioner(s). The report will include (6) for a class for which it is not consistent with the findings of the the following elements: feasible to estimate radiation doses with analysis discussed under paragraph (1) An identification of the relevant sufficient accuracy, a summary of the (b)(1) of this section? NIOSH will define petitions; basis for establishing the duration of the following characteristics of a class, (2) A proposed definition of the class employment requirement with respect taking into account the class definition or classes of employees to which the to health endangerment. proposed by the petition and modified evaluation applies, and a summary of as necessary to reflect the results of the § 83.14 How will NIOSH evaluate a petition the basis for this definition, including, by a claimant whose dose reconstruction evaluation under paragraph (b)(1) of this as necessary: NIOSH could not complete under 42 CFR section: (i) Any justification that may be part 82? (i) Any of the following employment needed for the inclusion of groups of (a) NIOSH may establish two classes parameters, as necessary to identify employees who were not specified in for evaluation, to permit the timely members included in the class: facility, the original petition(s); adjudication of the existing cancer job titles, duties, and/or specific work (ii) The identification of any groups of claim: locations within the facility or site, the employees who were identified in the (1) A class of employees defined using relevant time period, and any additional original petition(s) who should the research and analyses already identifying characteristics of constitute a separate class of employees; completed in attempting the dose employment; or reconstruction for the employee (ii) If applicable, the identification of (iii) The merging of multiple petitions identified in the claimant’s petition; and a exposure incident, when unmonitored that represent a single class of (2) A class of co-workers similar to the radiation exposure during such an employees. class defined under paragraph (a)(1) of incident comprises the basis of the (3) The proposed class definition will this section, to be defined by NIOSH on petition or the class definition; address the following employment the basis of further research and (iii) If applicable, the identification of parameters: analyses, using the procedures outlined a set of one or more types of cancers to (i) The DOE facility or the AWE under § 83.13. which NIOSH’s finding that it was not facility that employed the class; (b) NIOSH will determine the health feasible to estimate radiation doses with (ii) The job titles and/or job duties endangerment criteria for adding the sufficient accuracy is limited. and/or work locations of class members; class under paragraph (a)(1) of this (3) If it is not feasible to estimate with (iii) The period of employment within section to the Cohort, using the sufficient accuracy radiation doses for which a class member must have been procedures outlined under § 83.13. members of the class, as provided under employed at the facility under the job NIOSH will report to the Board the paragraph (b)(1) of this section, then titles and/or performing the job duties results of this determination, together NIOSH must also make the following and/or working in the locations with its finding under 42 CFR part 82 determination as required by statute [see specified in this class definition; that there was insufficient information 42 U.S.C. 7384q(b)(2)]: Is there a (iv) If applicable, identification of an to complete the dose reconstruction. ‘‘reasonable likelihood that such exposure incident, when potential (c) NIOSH will evaluate the petition radiation dose may have endangered the radiation exposure during such an as it may concern a class of co-workers, health of members of the class?’’ incident comprises the basis of the class as described under paragraph (a)(2) of (i) For classes of employees that may definition; this section, according to the procedures have been exposed to radiation during (v) If necessary, any other parameters under § 83.13. discrete incidents likely to have that serve to define the membership of involved exceptionally high level the class; and § 83.15 How will the Board consider and exposures, such as nuclear criticality (vi) For a class for which it is not advise the Secretary on a petition? incidents or other events involving feasible to estimate radiation doses with (a) NIOSH will publish a notice in the similarly high levels of exposures sufficient accuracy, a minimum Federal Register providing notice of a resulting from the failure of radiation duration of employment within the Board meeting at which a petition will protection controls, NIOSH will assume employment parameters of the class for be considered, and summarizing the for the purposes of this section that any inclusion in the class, as defined under petition to be considered by the Board duration of unprotected exposure could § 83.13(b)(3). at the meeting and the findings of cause a specified cancer, and hence may (4) The proposed class definition may NIOSH from evaluating the petition. have endangered the health of members also specify that members of the class (b) The Board will consider the of the class. Presence with potential are limited to employees who incur a petition and the NIOSH evaluation exposure during the discrete incident, cancer from a set of one or more types report at the meeting, to which the rather than a quantified duration of of cancers specified by NIOSH. This petitioner(s) will be invited to present potential exposure, will satisfy the provision applies to classes of views and information on the petition health endangerment criterion. employees for which the finding that it and the NIOSH evaluation findings. (ii) For health endangerment not is not feasible to estimate radiation (c) In considering the petition, the established on the basis of a discrete doses with sufficient accuracy is limited Board may obtain and consider

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additional information not addressed in supporting the assertions of the Secretary, if HHS obtains records the petition or the initial NIOSH challenge. relevant to radiation exposures of evaluation report. (c) HHS will issue a final decision on members of the class that enable NIOSH (d) NIOSH may decide to further the designation and definition of the to estimate the radiation doses incurred evaluate a petition, upon the request of class, and transmit a report of the by individual members of the class the Board. If NIOSH conducts further decision and the criteria and through dose reconstructions conducted evaluation, it will report new findings to information upon which the decision is under the requirements of 42 CFR part the Board and the petitioner(s). based to the petitioner(s). HHS will also 82. (e) Upon the completion of NIOSH publish notice of the decision in the (b) Before cancelling a final decision evaluations and deliberations of the Federal Register, including a definition to add a class or modifying a final Board concerning a petition, the Board of the class and a summary of the decision to reduce the scope of a class, will develop and transmit to the criteria and information upon which the the Secretary intends to follow Secretary a report containing its decision is based. evaluation procedures that are recommendations. The Board’s report § 83.17 What is the role of Congress in substantially similar to those described will include the following: acting upon the final decision of the in this part for adding a class of (1) The identification and inclusion of Secretary to add a class of employees to employees to the Cohort. The the relevant petition(s); the Cohort? procedures will include the following: (2) The definition of the class of (a) If the Secretary designates a class (1) Publication of a notice in the employees covered by the of employees to be added to the Cohort, Federal Register informing the public of recommendation; the Secretary will transmit to Congress the intent of the Secretary to review the (3) A recommendation as to whether a report providing the designation, the final decision on the basis of new or not the Secretary should designate definition of the class of employees information and describing procedures the class as an addition to the Cohort; covered by the designation, and the for this review; (4) The criteria and information upon criteria and information upon which the (2) An analysis by NIOSH of the which the recommendation is based, designation was based.2 utility of the new information for including NIOSH evaluation reports, (b) A designation of the Secretary will conducting dose reconstructions under information provided by the petitioners, take effect 180 calendar days after the 42 CFR part 82; the analysis will be any other information considered by the date on which the report of the performed consistently with the Board, and the deliberations of the Secretary is submitted to Congress, requirements for analysis of a petition Board. unless Congress takes an action that by NIOSH under §§ 83.13(b)(1)and(2), reverses or expedites the designation. and 83.13(c)(2)and(3); § 83.16 How will the Secretary decide the (c) Within five work days of either outcome of a petition? (3) A recommendation by the Board to expiration of the congressional review the Secretary as to whether or not the (a) The Secretary will propose, and period or final congressional action, Secretary should cancel or modify its transmit to all affected petitioners, a whichever comes first, the Secretary final decision that added the class to the decision to add or deny adding classes will transmit to DOL a report providing Cohort, based upon a review by the of employees to the Cohort. This the definition of the class and one of the Board of the NIOSH analysis and any decision will take into consideration the following outcomes: other relevant information considered (1) The addition of the class to the evaluations of NIOSH and the by the Board; recommendations of the Board, and may Cohort; or (2) The result of any action by (4) An opportunity for members of the also take into consideration information class to contest a proposed decision by presented to the Board and its Congress to reverse or expedite the decision of the Secretary to add the the Secretary to cancel or modify the deliberations. prior final decision that added the class (b) HHS will provide the petitioner(s) class to the Cohort. (d) The report specified under to the Cohort, including a reasonable 30 calendar days to contest the paragraph (c) of this section will be and timely effort by the Secretary to proposed decision of the Secretary. If published on the Internet at notify members of the class of this the petitioner(s) submits to HHS a www.cdc.gov/niosh/ocas and in the opportunity; and challenge that includes substantial Federal Register. (5) Publication in the Federal Register evidence that the proposed decision of a final decision to cancel or modify relies on a record of either factual or § 83.18 How can the Secretary cancel or the prior final decision that added the procedural errors in the implementation modify a final decision to add a class of class to the Cohort. of these procedures, then HHS will employees to the Cohort? consider the evidence submitted by the (a) The Secretary can cancel a final Dated: March 5, 2003. petitioner(s) prior to issuing a final decision to add a class to the Cohort, or Tommy G. Thompson, decision. Challenges to decisions of the can modify a final decision to reduce Secretary, Department of Health and Human Secretary under these procedures must the scope of a class added by the Services. be submitted in writing, with [FR Doc. 03–5604 Filed 3–5–03; 12:38 pm] accompanying documentation 2 See 42 U.S.C. 7384l(14)(C)(ii). BILLING CODE 4160–17–P

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Reader Aids Federal Register Vol. 68, No. 45 Friday, March 7, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 11448 (Amended by: Presidential Documents 3 CFR 13286) ...... 10619 Executive orders and proclamations 741–6000 Administrative Orders: 11623 (Amended by: The United States Government Manual 741–6000 Memorandums: 13286) ...... 10619 Memorandum of Other Services 11645 (Amended by: February 12, 2003 ...... 10141 13286) ...... 10619 Electronic and on-line services (voice) 741–6020 Presidential 11800 (Amended by: Privacy Act Compilation 741–6064 Determinations: 13286) ...... 10619 Public Laws Update Service (numbers, dates, etc.) 741–6043 No. 2003–15 of 11858 (Amended by: TTY for the deaf-and-hard-of-hearing 741–6086 February 13, 2003 ...... 10651 13286) ...... 10619 Proclamations: 11926 (Amended by: 7648...... 10641 ELECTRONIC RESEARCH 13286) ...... 10619 7649...... 10643 11965 (Amended by: World Wide Web 7650...... 10645 13286) ...... 10619 7651...... 10647 12002 (Amended by: Full text of the daily Federal Register, CFR and other publications 7652...... 10649 13286) ...... 10619 is located at: http://www.access.gpo.gov/nara Executive Orders: 12146 (Amended by: Federal Register information and research tools, including Public 4601 (Amended by: 13286) ...... 10619 Inspection List, indexes, and links to GPO Access are located at: 13286) ...... 10619 12148 (Amended by: http://www.archives.gov/federallregister/ 10113 (Amended by: 13286) ...... 10619 E-mail 13286) ...... 10619 12160 (Amended by: 10163 (Amended by: 13286) ...... 10619 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13286) ...... 10619 12188 (Amended by: an open e-mail service that provides subscribers with a digital 10179 (Amended by: 13286) ...... 10619 form of the Federal Register Table of Contents. The digital form 13286) ...... 10619 12208 (Amended by: of the Federal Register Table of Contents includes HTML and 10271 (Amended by: 13286) ...... 10619 PDF links to the full text of each document. 13286) ...... 10619 12341 (Amended by: To join or leave, go to http://listserv.access.gpo.gov and select 10448 (Amended by: 13286) ...... 10619 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13286) ...... 10619 12382 (Amended by: (or change settings); then follow the instructions. 10499 (Amended by: 13286) ...... 10619 13286) ...... 10619 12472 (Amended by: PENS (Public Law Electronic Notification Service) is an e-mail 10554 (Amended by: 13286) ...... 10619 service that notifies subscribers of recently enacted laws. 13286) ...... 10619 12501 (Amended by: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 10631 (Amended by: 13286) ...... 10619 and select Join or leave the list (or change settings); then follow 13286) ...... 10619 12555 (Amended by: the instructions. 10637 (Amended by: 13286) ...... 10619 FEDREGTOC-L and PENS are mailing lists only. We cannot 13286) ...... 10619 12580 (Amended by: respond to specific inquiries. 10694 (Amended by: 13286) ...... 10619 13286) ...... 10619 12656 (Amended by: Reference questions. Send questions and comments about the 10789 (Amended by: 13286) ...... 10619 Federal Register system to: [email protected] 13286) ...... 10619 12657 (Amended by: The Federal Register staff cannot interpret specific documents or 10977 (Amended by: 13286) ...... 10619 regulations. 13286) ...... 10619 12699 (Amended by: 11016 (Amended by: 13286) ...... 10619 FEDERAL REGISTER PAGES AND DATE, MARCH 13286) ...... 10619 12727 (Amended by: 11046 (Amended by: 13286) ...... 10619 9851–10140...... 3 13286) ...... 10619 12728 (Amended by: 10141–10344...... 4 11079 (Amended by: 13286) ...... 10619 10345–10650...... 5 13286) ...... 10619 12733 (Amended by: 11139 (Amended by: 13286) ...... 10619 10651–10952...... 6 13286) ...... 10619 12742 (Amended by: 10953–11310...... 7 11190 (Amended by: 13286) ...... 10619 13286) ...... 10619 12743 (Amended by: 11231 (Amended by: 13286) ...... 10619 13286) ...... 10619 12777 (Amended by: 11239 (Amended by: 13286) ...... 10619 13286) ...... 10619 12788 (Amended by: 11366 (Amended by: 13286) ...... 10619 13286) ...... 10619 12789 (Amended by: 11438 (Amended by: 13286) ...... 10619 13286) ...... 10619 12793 (Amended by: 11446 (Amended by: 13286) ...... 10619 13286) ...... 10619 12807 (Amended by:

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13286) ...... 10619 6 CFR 47...... 10316 33 CFR 12824 (Amended by: 9...... 10912 71 ...... 10367, 10369, 10654 52...... 9882 13286) ...... 10619 15...... 10886 97...... 10962, 10963 117...... 9890 12830 (Amended by: 17...... 10892 Proposed Rules: 13286) ...... 10619 21...... 10904 39 ...... 9947, 9950, 9951, 9954, 12835 (Amended by: 10185, 10188, 10413, 10416, 36 CFR 13286) ...... 10619 7 CFR 11014, 11015 Proposed Rules: 12870 (Amended by: 7...... 11019 319...... 9851 15 CFR 13286) ...... 10619 911...... 10345 219...... 10421 740...... 10586 12906 (Amended by: 944...... 10345 743...... 10586 13286) ...... 10619 984...... 10347 40 CFR 12919 (Amended by: 772...... 10586 Proposed Rules: 13286) ...... 10619 774...... 10586 52...... 10966, 10969 930...... 9944 12977 (Amended by: 62 ...... 10659, 10661, 10663 1405...... 9944 16 CFR 13286) ...... 10619 70...... 10969 1499...... 9944 12978 (Amended by: 304...... 9856 82...... 10370 52...... 9892 13286) ...... 10619 8 CFR 18 CFR 12982 (Amended by: 180 ...... 10370, 10377, 10972, 1...... 10922 13286) ...... 10619 375...... 9857 10983 2...... 10922 12985 (Amended by: 388...... 9857 Proposed Rules: 103...... 10922 13286) ...... 10619 Ch. I ...... 10675 217...... 10954 20 CFR 12989 (Amended by: 52...... 11022, 11023 235...... 10143 13286) ...... 10619 625...... 10932 62...... 10680, 10681 239...... 10922 13011 (Amended by: 70...... 11023 1001...... 10349 21 CFR 13286) ...... 10619 1003...... 10349 165...... 9873 13076 (Amended by: 42 CFR 1101...... 10349 610...... 10157 13286) ...... 10619 1103...... 10349 412...... 10987 13100 (Amended by: Proposed Rules: 1205...... 10349 Proposed Rules: 13286) ...... 10619 1...... 10668 1208...... 10349 83...... 11924 13112 (Amended by: 111...... 10418 1209...... 10349 412...... 10421, 11234 13286) ...... 10619 165...... 9955 1212...... 10349 13120 (Amended by: 1216...... 10349 22 CFR 13286) ...... 10619 43 CFR 1235...... 10349 Proposed Rules: 13130 (See: 13286)...... 10619 1236...... 10349 211...... 9944 Proposed Rules: 13133 (Amended by: 4100...... 9964 1238...... 10349 13286) ...... 10619 24 CFR 1239...... 10349 13154 (Amended by: 1240...... 10349 92...... 10160 44 CFR 13286) ...... 10619 1241...... 10349 13165 (Amended by: 26 CFR 61...... 9895 1244...... 10349 13286) ...... 10619 64...... 9897 1245...... 10349 1...... 10161, 10655 13212 (Amended by: 206...... 9899 1246...... 10349 20...... 10161 13286) ...... 10619 1249...... 10349 25...... 10161 13223 (Amended by: 47 CFR 1270...... 10349 31...... 10161 13286) ...... 10619 1274a...... 10349 53...... 10161 2...... 10179 13228 (Amended by: 1292...... 10349 54...... 10161 90...... 10179 13286) ...... 10619 1337...... 10349 56...... 10161 73 ...... 10388, 10664, 10665 13231 (Amended by: 301...... 10161 95...... 9900 13286) ...... 10619 9 CFR 602...... 10161 Proposed Rules: 13254 (Amended by: Proposed Rules: 54...... 10430 13286) ...... 10619 50...... 10361 1...... 10190 73 ...... 10681, 10682, 10683 13257 (Amended by: 92...... 10667 13286) ...... 10619 Proposed Rules: 27 CFR 317...... 11008 49 CFR 13260 (Amended by: 4...... 10076 327...... 11008 13286; Revoked by: 5...... 10076 1...... 10988 13286, eff. 3/31/ 10 CFR 7...... 10076 219...... 10108 03) ...... 10619 225...... 10108 13271 (Amended by: 40...... 10362 28 CFR 240...... 10108 13286) ...... 10619 150...... 10362 540...... 10656 1540...... 9902 430...... 10957 13274 (Amended by: Proposed Rules: 29 CFR 13286) ...... 10619 Proposed Rules 192...... 9966 13276 (Amended by: 40...... 10411 1404...... 10659 13286) ...... 10619 150...... 10411 50 CFR 13284 (See: 13286)...... 10619 430...... 11009 30 CFR 13286...... 10619 490...... 10320 18...... 10965 17...... 10388 13287...... 10619 948...... 10178 300...... 10989 12 CFR Proposed Rules: 622...... 10180, 11003 5 CFR Proposed Rules: 70...... 10784 648...... 9905, 10181 110...... 10666 203...... 11010 72...... 10940 660...... 11182 Ch. XIV ...... 10953 75...... 10784 679 .....9902, 9907, 9924, 9942, 2416...... 10953 14 CFR 90...... 10784 11004 2424...... 10953 Ch. 1 ...... 10145 950...... 10193 Proposed Rules: 2429...... 10953 25...... 9854, 10365 229...... 10195 2471...... 10953 39 ...... 10147, 10149, 10152, 31 CFR 600...... 9967 2472...... 10953 10154, 10156, 10583, 10653 103...... 10965 648...... 9968, 11023

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REMINDERS BAE Systems (Operations) Servicing and collections— reduction; comments The items in this list were Ltd.; published 1-31-03 Farm loan programs due by 3-10-03; editorially compiled as an aid Boeing and McDonnell account servicing published 2-7-03 [FR to Federal Register users. Douglas; published 1-31- policies; 30-day past- 03-02805] Inclusion or exclusion from 03 due period elimination; Pollock; comments due by this list has no legal McDonnell Douglas; comments due by 3-10- 3-13-03; published 2-11- significance. published 1-31-03 03; published 1-9-03 03 [FR 03-03378] Raytheon; published 1-22-03 [FR 03-00394] Magnuson-Stevens Act Turbomeca S.A.; published AGRICULTURE provisions— RULES GOING INTO 1-31-03 DEPARTMENT Domestic fisheries; exempted fishing permit EFFECT MARCH 7, 2003 Standard instrument approach Natural Resources applications; comments procedures; published 3-7- Conservation Service due by 3-13-03; AGRICULTURE 03 Loan and purchase programs: DEPARTMENT published 2-26-03 [FR Environmental Quality 03-04440] Animal and Plant Health RULES GOING INTO Incentives Program; Domestic fisheries; Inspection Service EFFECT MARCH 8, 2003 comments due by 3-12- exempted fishing permit Hawaiian and territorial 03; published 2-10-03 [FR applications; comments quarantine notices: TRANSPORTATION 03-02642] due by 3-13-03; Gardenia blooms from DEPARTMENT AGRICULTURE published 2-26-03 [FR Hawaii; interstate Federal Aviation DEPARTMENT 03-04439] movement; published 2-5- Administration Rural Business-Cooperative Domestic fisheries; 03 Airworthiness directives: Service exempted fishing permit applications; comments ENVIRONMENTAL Piaggio Aero Industries Program regulations: PROTECTION AGENCY due by 3-14-03; S.p.A.; published 2-5-03 Servicing and collections— Air programs: published 2-27-03 [FR Farm loan programs Ambient air quality 03-04566] RULES GOING INTO account servicing standards, national— Magnuson-Stevens Act EFFECT MARCH 9, 2003 policies; 30-day past- provisions— Ozone; response to due period elimination; Domestic fisheries; remand; published 1-6- TRANSPORTATION comments due by 3-10- exempted fishing permit 03 DEPARTMENT 03; published 1-9-03 applications; comments Pesticides; tolerances in food, Coast Guard [FR 03-00394] due by 3-10-03; animal feeds, and raw Drawbridge operations: AGRICULTURE published 2-21-03 [FR agricultural commodities: DEPARTMENT 03-04138] 1,3 Benzene dicarboxylic Massachusetts; published 2- 28-03 Rural Housing Service Marine mammals: acid, etc.; published 3-7- Findings on petitions, etc.— 03 Program regulations: Servicing and collections— Alaska transient killer Pyriproxyfen; published 3-7- COMMENTS DUE NEXT whales; designation as 03 WEEK Farm loan programs depleted; comments account servicing FEDERAL due by 3-10-03; policies; 30-day past- COMMUNICATIONS AGRICULTURE published 1-24-03 [FR due period elimination; COMMISSION DEPARTMENT 03-01650] comments due by 3-10- Agricultural Marketing Radio stations; table of 03; published 1-9-03 ENERGY DEPARTMENT Service assignments: [FR 03-00394] Federal Energy Regulatory Texas; published 2-4-03 Shell eggs, voluntary grading: Commission AGRICULTURE USDA ‘‘Produced From’’ Electric utilities (Federal Power HEALTH AND HUMAN DEPARTMENT SERVICES DEPARTMENT grademark requirements; Act): comments due by 3-10- Rural Utilities Service Transmission grid; efficient Centers for Medicare & 03; published 1-9-03 [FR Program regulations: operation and expansion; Medicaid Services 03-00369] Servicing and collections— pricing policy; comments Medicare: AGRICULTURE Farm loan programs due by 3-13-03; published Long-term care hospitals; DEPARTMENT account servicing 1-27-03 [FR 03-01699] prospective payment Animal and Plant Health policies; 30-day past- ENVIRONMENTAL system; implementation Inspection Service due period elimination; PROTECTION AGENCY and 2003 FY rates; Interstate transportation of comments due by 3-10- Air pollutants, hazardous; correction; published 3-7- 03; published 1-9-03 national emission standards: 03 animals and animal products (quarantine): [FR 03-00394] Industrial/commercial/ TRANSPORTATION Exotic Newcastle disease; COMMERCE DEPARTMENT institutional boilers and DEPARTMENT process heaters; quarantine area National Oceanic and comments due by 3-14- Organization, functions, and designations— Atmospheric Administration 03; published 1-13-03 [FR authority delegations: California; comments due Endangered and threatened 03-00085] Under Secretary of by 3-14-03; published species; pesticide regulation; Transportation for Security 1-13-03 [FR 03-00573] Plywood and composite comments due by 3-10-03; wood products; comments et al.; published 3-7-03 Plant-related quarantine, published 1-24-03 [FR 03- due by 3-10-03; published TRANSPORTATION domestic: 01661] 1-9-03 [FR 03-00084] DEPARTMENT Oriental fruit fly; comments Fishery conservation and Air programs: Federal Aviation due by 3-11-03; published management: Clean Air Act; alternate Administration 1-10-03 [FR 03-00491] Alaska; fisheries of permit program Airworthiness directives: AGRICULTURE Exclusive Economic approvals— Air Cruisers Co.; published DEPARTMENT Zone— Guam; comments due by 1-31-03 Farm Service Agency Halibut and groundfish; 3-10-03; published 1-9- Airbus; published 1-31-03 Program regulations: seabird incidental take 03 [FR 03-00119]

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Guam; comments due by suspension, and Fiduciary responsibility; Class E airspace; comments 3-10-03; published 1-9- debarment; comments due automatic rollovers; due by 3-14-03; published 03 [FR 03-00120] by 3-10-03; published 1-8- comments due by 3-10- 1-17-03 [FR 03-01130] Air programs; approval and 03 [FR 03-00098] 03; published 1-7-03 [FR Class E airspace; correction; promulgation; State plans HEALTH AND HUMAN 03-00281] comments due by 3-14-03; for designated facilities and SERVICES DEPARTMENT LIBRARY OF CONGRESS published 1-29-03 [FR C3- pollutants: Food and Drug Copyright Office, Library of 01130] New Hampshire; comments Administration Congress Restricted areas; comments due by 3-12-03; published Medical devices: Copyright office and due by 3-10-03; published 2-10-03 [FR 03-02540] 1-23-03 [FR 03-01476] Cardiovascular devices— procedures: VOR Federal airways and jet Air quality implementation Arrhythmia detector and Prohibition to circumvention routes; comments due by 3- plans; approval and alarm; Class lll to Class of copyright protection 10-03; published 1-23-03 promulgation; various ll reclassification; systems for access [FR 03-01478] States: comments due by 3-13- control technologies; West Virginia; comments 03; published 12-13-02 exemption; comments due TRANSPORTATION due by 3-12-03; published [FR 02-31440] by 3-10-03; published 2- DEPARTMENT 2-10-03 [FR 03-02938] 10-03 [FR 03-03256] HOUSING AND URBAN Federal Highway Endangered and threatened DEVELOPMENT SECURITIES AND Administration species; pesticide regulation; DEPARTMENT EXCHANGE COMMISSION Transportation Equity Act for comments due by 3-10-03; Mortgage and loan insurance Securities and investment 21st Century; published 1-24-03 [FR 03- programs: companies: implementation: 01661] Single family mortgage Proxy voting policies and Federal Lands Highway Pesticides; tolerances in food, insurance— records disclosure by Program; transportation animal feeds, and raw registered management planning procedures and Appraisals; lender agricultural commodities: investment companies; management systems— accountability; Propanoic acid and its comments due by 3-14- comments due by 3-14- Fish and Wildlife Service calcium and sodium salts; 03; published 2-7-03 [FR 03; published 1-13-03 and Refuge Roads comments due by 3-14- 03-02951] [FR 03-00539] Program; comments 03; published 1-13-03 [FR TRANSPORTATION due by 3-10-03; INTERIOR DEPARTMENT 03-00615] DEPARTMENT published 1-8-03 [FR Water programs: Fish and Wildlife Service Coast Guard 03-00104] Water quality standards— Endangered and threatened Great Lakes Pilotage Forest Service and Forest Kentucky; comments due species; pesticide regulation; regulations; rates update; Highway Program; by 3-14-03; published comments due by 3-10-03; comments due by 3-10-03; comments due by 3-10- 11-14-02 [FR 02-28922] published 1-24-03 [FR 03- published 1-23-03 [FR 03- 03; published 1-8-03 01661] [FR 03-00103] FEDERAL 01461] COMMUNICATIONS INTERIOR DEPARTMENT TRANSPORTATION Indian Affairs Bureau and COMMISSION Surface Mining Reclamation DEPARTMENT Indian Reservation Roads Program; Common carrier services: and Enforcement Office Federal Aviation comments due by 3-10- Satellite communications— Permanent program and Administration abandoned mine land 03; published 1-8-03 Satellite network earth Airmen certification: [FR 03-00105] reclamation plan Flight simulation device; stations and space National Park Service and submissions: initial and continuing stations; rules governing Park Roads and Kentucky; comments due by qualification and use licensing and spectrum Parkways Program; 3-13-03; published 2-11- requirements; comments usage; streamlining and comments due by 3-10- 03 [FR 03-03365] due by 3-14-03; published other revisions; 03; published 1-8-03 North Dakota; comments 11-15-02 [FR 02-29067] comments due by 3-10- [FR 03-00102] 03; published 12-24-02 due by 3-13-03; published Airworthiness directives: [FR 02-32294] 2-11-03 [FR 03-03366] TRANSPORTATION Boeing; comments due by DEPARTMENT Radio stations; table of LABOR DEPARTMENT 3-14-03; published 1-13- Surface Transportation assignments: Mine Safety and Health 03 [FR 03-00050] Board Ohio; comments due by 3- Administration Empresa Brasileira de Railroad consolidations, 10-03; published 2-5-03 Civil penalties; inflation Aeronautica S.A. mergers, and acquisitions of [FR 03-02667] adjustment; assessment (EMBRAER); comments control: Various States; comments criteria and procedures; due by 3-10-03; published due by 3-10-03; published comments due by 3-12-03; 2-7-03 [FR 03-02783] Temporary trackage rights 2-5-03 [FR 03-02669] published 2-10-03 [FR 03- General Electric Co.; exemption; comments due 03160] comments due by 3-10- by 3-12-03; published 2- FEDERAL DEPOSIT 10-03 [FR 03-03251] INSURANCE CORPORATION LABOR DEPARTMENT 03; published 1-8-03 [FR 03-00330] TRANSPORTATION Occupational Safety and Practice and procedure: DEPARTMENT Health Administration Hartzell Propeller Inc.; Accountants performing comments due by 3-10- Transportation Security Shipyard employment safety audit services; removal, 03; published 1-8-03 [FR Administration suspension, and and health standards: 03-00226] Maritime and land debarment; comments due Fire protection; comments Pilatus Aircraft, Ltd.; transportation security: by 3-10-03; published 1-8- due by 3-11-03; published comments due by 3-14- 03 [FR 03-00098] 12-11-02 [FR 02-30405] Transportation of explosives 03; published 2-7-03 [FR from Canada to U.S. via FEDERAL RESERVE LABOR DEPARTMENT 03-02994] commercial motor vehicle SYSTEM Pension and Welfare Class C and Class D and railroad carrier; Practice and procedure: Benefits Administration airspace; comments due by comments due by 3-10- Accountants performing Employee Retirement Income 3-13-03; published 1-27-03 03; published 2-6-03 [FR audit services; removal, Security Act: [FR 03-01313] 03-03005]

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TREASURY DEPARTMENT Portland, ME; port limits S. 141/P.L. 108–8 Alcohol, Tobacco and extension; comments due To improve the calculation of Firearms Bureau by 3-10-03; published 1-9- LIST OF PUBLIC LAWS the Federal subsidy rate with Alcohol; viticultural area 03 [FR 03-00432] respect to certain small designations: TREASURY DEPARTMENT This is a continuing list of business loans, and for other Russian River Valley, CA; Internal Revenue Service public bills from the current purposes. (Feb. 25, 2003; 117 comments due by 3-10- Income taxes: session of Congress which Stat. 555) 03; published 1-8-03 [FR have become Federal laws. It 03-00286] Accruals and allocations due may be used in conjunction Last List February 24, 2003 TREASURY DEPARTMENT to age attainment, with ‘‘PLUS’’ (Public Laws Comptroller of the Currency reductions; and cash Update Service) on 202–741– Community and economic balance plans; 6043. This list is also Public Laws Electronic development entities, nondiscrimination cross- available online at http:// community development testing rules application; www.nara.gov/fedreg/ Notification Service projects, and other public comments due by 3-13- plawcurr.html. (PENS) welfare investments; 03; published 12-11-02 comments due by 3-11-03; [FR 02-31225] The text of laws is not published 1-10-03 [FR 03- Hearing location and date published in the Federal PENS is a free electronic mail 00362] change; comments due Register but may be ordered notification service of newly Practice and procedure: by 3-13-03; published in ‘‘slip law’’ (individual enacted public laws. To Accountants performing 1-17-03 [FR 03-01159] pamphlet) form from the subscribe, go to http:// audit services; removal, TREASURY DEPARTMENT Superintendent of Documents, listserv.gsa.gov/archives/ suspension, and U.S. Government Printing publaws-l.html Thrift Supervision Office debarment; comments due Office, Washington, DC 20402 by 3-10-03; published 1-8- Practice and procedure: (phone, 202–512–1808). The Note: This service is strictly 03 [FR 03-00098] Accountants performing text will also be made for E-mail notification of new TREASURY DEPARTMENT audit services; removal, available on the Internet from laws. The text of laws is not Customs Service suspension, and GPO Access at http:// available through this service. Organization and functions; debarment; comments due www.access.gpo.gov/nara/ PENS cannot respond to field organization, ports of by 3-10-03; published 1-8- nara005.html. Some laws may specific inquiries sent to this entry, etc.: 03 [FR 03-00098] not yet be available. address.

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