4–10–03 Vol. 68 No. 69 Thursday Apr. 10, 2003 Pages 17529–17726

4–10–03 Thursday Vol. 68 No. 69 Apr. 10, 2003 Pages 17529–17726

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1 II Federal Register / Vol. 68, No. 69 / Thursday, April 10, 2003

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2 III

Contents Federal Register Vol. 68, No. 69

Thursday, April 10, 2003

Agricultural Marketing Service Defense Department RULES See Air Force Department Prunes (dried) produced in— See Navy Department California, 17539–17544 Education Department Agriculture Department NOTICES See Agricultural Marketing Service Meetings: See Forest Service National Assessment Governing Board, 17607 See Rural Business-Cooperative Service Employment and Training Administration Air Force Department NOTICES NOTICES Adjustment assistance: Privacy Act: BASF Corp., 17673–17674 Systems of records, 17606 Emess Design Group, LLC, 17674 FCI USA, Inc., 17674 Arts and Humanities, National Foundation Inteplast Group Ltd., 17674–17675 See National Foundation on the Arts and the Humanities Motorola, Inc., 17675 Nortel Networks, 17675 Centers for Disease Control and Prevention Spinnaker Coating Maine Inc., 17675–17676 NOTICES Trego Industries, Inc., 17676 Agency information collection activities; proposals, Unitek Electronics, Inc., 17676 submissions, and approvals, 17647–17649 Wellman Thermal Systems, Inc., 17677 Grants and cooperative agreements; availability, etc.: Agency information collection activities; proposals, Chronic Disease Prevention and Health Promotion submissions, and approvals, 17677–17678 Programs, 17649 Energy Department Collaborating Centers for Public Health Law, 17649– 17652 See Federal Energy Regulatory Commission NOTICES Meetings: Environmental statements; notice of intent: Directly-Funded Community Based HIV Prevention Gilberton Coal-to-Clean Fuels and Power Project, PA, Program; regional meetings, 17652–17653 17608–17611 Injury Prevention and Control Advisory Committee, 17653–17654 Environmental Protection Agency National Center for Infectious Diseases— RULES Scientific Counselors Board, 17654 Air quality implementation plans; approval and National Institute for Occupational Safety and Health— promulgation; various States: Respiratory protective devices for protection against Wisconsin, 17551–17553 chemical, biological, radiological, and nuclear Hazardous waste program authorizations: agents; standards, 17654–17655 Nebraska, 17553–17556 Scientific Counselors Board, 17655 Utah, 17556–17558 PROPOSED RULES Chemical Safety and Hazard Investigation Board Air quality implementation plans; approval and NOTICES promulgation; various States: Meetings; Sunshine Act, 17602–17603 New York, 17573–17576 Wisconsin, 17576 Civil Rights Commission Hazardous waste program authorizations: NOTICES Nebraska, 17576–17577 Meetings; State advisory committees: Utah, 17577 Delaware, 17603 NOTICES Hawaii, 17603 Agency information collection activities; proposals, submissions, and approvals, 17631–17633 Coast Guard PROPOSED RULES Executive Office of the President Drawbridge operations: See Presidential Documents Florida, 17571–17573 Federal Aviation Administration Commerce Department RULES See International Trade Administration Aircraft: See National Oceanic and Atmospheric Administration Repair stations NOTICES Correction, 17545–17546 Agency information collection activities; proposals, Airworthiness directives: submissions, and approvals, 17603–17604 McDonnell Douglas, 17544–17545

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PROPOSED RULES Food and Drug Administration Airworthiness directives: NOTICES Short Brothers and Harland Ltd., 17563–17565 Agency information collection activities; proposals, submissions, and approvals, 17655–17656 Federal Communications Commission Food additive petitions: RULES Alcide Corp., 17656–17657 Television broadcasting: Meetings: Broadcast auxiliary service rules FDA Science: Protecting America’s Health; forum, 17657 Correction, 17560 PROPOSED RULES Forest Service Practice and procedure: NOTICES Regulatory fees (2003 FY); assessment and collection, Environmental statements; availability, etc.: 17577–17592 Lassen National Forest, CA, 17596 Radio stations; table of assignments: Environmental statements; notice of intent: Alabama and Georgia, 17592–17593 Klamath National Forest, CA, 17596–17598 California, 17593 Meetings: NOTICES Resource Advisory Committees— Common carrier services: Del Norte County, 17598 Wireless telecommunications services— Instructional television fixed service, multipoint General Services Administration distribution service, and multichannel multipoint distribution service; pending legal matters, 17633– NOTICES 17646 Acquisition regulations: Treasury Department; Administrative Wage Garnishment Federal Energy Regulatory Commission (SF 329); part D revision, 17647 NOTICES Federal travel: Electric rate and corporate regulation filings: eTravel initiative; correction, 17725 Baltimore Gas & Electric Co. et al., 17620–17621 Reliant Energy Bighorn, LLC, et al., 17621–17623 Health and Human Services Department Hydroelectric applications, 17623–17631 See Centers for Disease Control and Prevention Applications, hearings, determinations, etc.: See Food and Drug Administration ANR Pipeline Co., 17611–17613 See National Institutes of Health Dominion Cove Point LNG, LP, 17613 RULES Iroquois Gas Transmission System, L.P., 17613 Quarantine, inspection, and licensing: Kern River Gas Transmission Co., 17613–17614 Communicable diseases control— Midwestern Gas Transmission Co., 17614 Quarantine of persons believed to be infected with Natural Gas Pipeline Co. of America, 17615–17616 communicable diseases, 17558–17560 North Baja Pipeline, LLC, 17616 Northern Natural Gas Co., 17616–17617 Homeland Security Department Panhandle Eastern Pipe Line Co., 17617 See Coast Guard Pine Needle LNG Co., LLC, 17617–17618 See Transportation Security Administration Southern Star Central Gas Pipeline, Inc., 17618 Tennessee Gas Pipeline Co., 17618 Housing and Urban Development Department Trailblazer Pipeline Co., 17618–17619 NOTICES TransColorado Gas Transmission Co., 17619 Agency information collection activities; proposals, Transcontinental Gas Pipe Line Corp., 17619 submissions, and approvals, 17670 Williston Basin Interstate Pipeline Co., 17619–17620 Interior Department Federal Highway Administration See Fish and Wildlife Service NOTICES See Minerals Management Service Environmental statements; notice of intent: See National Park Service Portland, OR; South/North Transit Corridor, 17721–17722 See Surface Mining Reclamation and Enforcement Office

Federal Maritime Commission International Trade Administration NOTICES NOTICES Ocean transportation intermediary licenses: Countervailing duties: Actway Express Inc. et al., 17646–17647 Stainless steel sheet and strip in coils from— Altamar Shipping Services, Inc., et al., 17647 Korea, 17604

Federal Transit Administration International Trade Commission NOTICES NOTICES Environmental statements; notice of intent: Import investigations: Portland, OR; South/North Transit Corridor, 17721–17722 Steel-consuming industries; competitive conditions with respect to steel safeguard measures; public hearing, Fish and Wildlife Service 17672–17673 NOTICES Endangered and threatened species permit applications, Justice Department 17670–17671 See Justice Programs Office

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Justice Programs Office Navy Department NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 17673 Marine Corps University Board of Visitors, 17607

Labor Department Presidential Documents See Employment and Training Administration ADMINISTRATIVE ORDERS Burma; U.S. policy (Memorandum of March 28, 2003), Minerals Management Service 17529–17538 PROPOSED RULES Royalty management: Railroad Retirement Board Gas value for royalties due on Federal leases; workshops, NOTICES 17565–17566 Meetings; Sunshine Act, 17683

National Aeronautics and Space Administration Research and Special Programs Administration NOTICES PROPOSED RULES Meetings: Pipeline safety: Advisory Council Hazardous liquid transportation— Aerospace Technology Advisory Committee, 17678– Gas transmission pipelines; integrity management in 17679 high consequence areas; meetings, 17594–17595 NOTICES National Foundation on the Arts and the Humanities Meetings: NOTICES Pipeline safety— Reports and guidance documents; availability, etc.: Personnel qualification, 17722 Institute of Museum and Library Services; Title VI national origin discrimination prohibition affecting Rural Business-Cooperative Service limited English proficient persons, 17679–17683 NOTICES Grants and cooperative agreements; availability, etc.: National Institutes of Health Rural Business Enterprise Program, 17598–17600 NOTICES Rural Business Opportunity Program, 17600–17602 Meetings: Dietary Supplements Office; Strategic Plan, 17657–17658 Securities and Exchange Commission National Heart, Lung, and Blood Institute, 17658–17659 NOTICES National Institute of Allergy and Infectious Diseases, Agency information collection activities; proposals, 17659–17660, 17662–17663 submissions, and approvals, 17683 National Institute of Child Health and Human Investment Company Act of 1940: Development, 17661, 17663–17664 Exemption applications— National Institute of Diabetes and Digestive and Kidney Prudential Insurance Co. of America et al., 17684– Diseases, 17664–17667 17692 National Institute of General Medical Sciences, 17660– Order applications— 17661, 17664 National Life Insurance Co. et al., 17692–17697 National Institute on Alcohol Abuse and Alcoholism, Self-regulatory organizations; proposed rule changes: 17660–17661 Chicago Board Options Exchange, Inc., 17697–17712 National Institute on Deafness and Other Communication National Association of Securities Dealers, Inc., 17712– Disorders, 17665 17715 National Institute on Drug Abuse, 17662 Options Clearing Corp., 17715–17717 Scientific Review Center, 17667–17669 Philadelphia Stock Exchange, Inc., 17717–17718 Applications, hearings, determinations, etc.: National Oceanic and Atmospheric Administration Public utility holding company filings, 17683–17684 RULES Endangered and threatened species: State Department Right whale nomenclature and taxonomy; technical NOTICES revision, 17560–17562 Grants and cooperative agreements; availability, etc.: NOTICES Montenegro; public administration and public policy Committees; establishment, renewal, termination, etc.: development training, 17718–17720 Olympic Coast National Marine Sanctuary Advisory Council, 17604–17605 Surface Mining Reclamation and Enforcement Office Meetings: RULES Caribbean Fishery Management Council, 17605 Permanent program and abandoned mine land reclamation Pacific Fishery Management Council, 17605–17606 plan submissions: Alabama, 17546–17549 National Park Service PROPOSED RULES NOTICES Permanent program and abandoned mine land reclamation National Wild and Scenic Rivers System: plan submissions: Westfield River, MA, 17671–17672 Texas, 17566–17569

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Tennessee Valley Authority Veterans Affairs Department RULES RULES Land Between the Lakes, KY; motorized vehicles use; CFR Criminal violations; information referrals, 17549–17551 part removed, 17546 NOTICES Disability compensation and dependency and indemnity Transportation Department compensation; rates adjustments, 17723 See Federal Aviation Administration See Federal Highway Administration Meetings: See Federal Transit Administration President’s Task Force to Improve Health Care Delivery See Research and Special Programs Administration for Our Nation’s Veterans, 17723–17724 NOTICES Real property; enhanced-use leases: Aviation proceedings: Minneapolis, MN; Veterans Affairs Medical Center, 17724 Hearings, etc.— Samoa Aviation, Inc., 17720–17721

Transportation Security Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, Aviation Security Advisory Committee, 17669–17670 and notice of recently enacted public laws. Treasury Department To subscribe to the Federal Register Table of Contents PROPOSED RULES LISTSERV electronic mailing list, go to http:// Currency and foreign transactions; financial reporting and listserv.access.gpo.gov and select Online mailing list recordkeeping requirements: archives, FEDREGTOC-L, Join or leave the list (or change USA PATRIOT Act; implementation— settings); then follow the instructions. Anti-money laundering program for persons involved in real estate closings and settlements, 17569– 17571

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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.

3 CFR Memorandums: Memorandum of March 28, 2003 ...... 17529 7 CFR 993...... 17539 14 CFR 39...... 17544 91...... 17545 121...... 17545 135...... 17545 145...... 17545 Proposed Rules: 39...... 17563 18 CFR 1305...... 17545 30 CFR 901...... 17545 Proposed Rules: 206...... 17565 943...... 17566 31 CFR Proposed Rules: 103...... 17569 33 CFR Proposed Rules: 117...... 17571 38 CFR 1...... 17549 14...... 17549 17...... 17549 40 CFR 52...... 17551 271 (2 documents) ...... 17553, 17556 Proposed Rules: 52 (2 documents) ...... 17573, 17576 271 (2 documents) ...... 17576, 17577 42 CFR 70...... 17558 71...... 17558 47 CFR 74...... 17560 Proposed Rules: 1...... 17577 73 (2 documents) ...... 17592, 17593 49 CFR Proposed Rules: 192...... 17593 50 CFR 17...... 17560 222...... 17560 226...... 17560

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Federal Register Presidential Documents Vol. 68, No. 69

Thursday, April 10, 2003

Title 3— Memorandum of March 28, 2003

The President Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma

Memorandum for the Secretary of State

Pursuant to the requirements set forth under the heading ‘‘Policy Toward Burma’’ in section 570(d) of the Fiscal Year 1997 Foreign Operations Appro- priations Act, as contained in the Omnibus Consolidated Appropriations Act (Public Law 104–208), a report is required every 6 months following enactment concerning: (1) progress toward democratization in Burma; (2) progress on improving the quality of life of the Burmese people, including progress on market reforms, living standards, labor standards, use of forced labor in the tourism industry, and environmental quality; and (3) progress made in developing a comprehensive, multilateral strategy to bring democracy to and improve human rights practices and the quality of life in Burma, including the development of a dialogue between the State Peace and Development Council and democratic opposition groups in Burma. You are hereby authorized and directed to transmit the attached report fulfilling these requirements to the appropriate committees of the Congress and to arrange for its publication in the Federal Register. W THE WHITE HOUSE, Washington, March 28, 2003.

Billing code 4710–10–P

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Conditions in Burma and U.S. Policy Toward Burma For the Period Sep- tember 28, 2002—March 27, 2003 Introduction and Summary

Efforts to foster peaceful democratic change in Burma essentially ground to a halt over the past six months. The regime has become more confrontational in its exchanges with the National League for Democracy (NLD), led by Aung San Suu Kyi, and has offered few signs of progress toward their stated commitment to a political transition to democracy and not interest in pursuing political dialogue with the elected opposition. UN Special Envoy Razali continued his mission, the National League for Democ- racy opened up a significant number of township and divisional party offices, and NLD General Secretary Aung San Suu Kyi was able to continue her travels in Burma, visiting both Shan and Rakhine States. However, the visit to Rakhine State was marred by incidents instigated by government- affiliated organizations and believed to be based on orders from Rangoon; political prisoner releases stopped as of late November, and there were new arrests of political activists. Aung San Suu Kyi was nearly jailed in February on charges arising from a civil lawsuit filed by a relative. Most seriously, the regime has not demonstrated its willingness to begin a real dialogue with the NLD on substantive political issues. Economic developments were punctuated by the banking crisis that followed the collapse of approximately 20 informal financial institutions, which had taken deposits in return for promises of returns of five percent per month or more. Stimulated by the rampant inflation in recent years, and the re- pressed financial conditions that had stifled the growth of legitimate financial institutions, these informal financial institutions had grown rapidly for two years, before collapsing in January, sparking a run on the private banks. The banks have coped by restricting withdrawals, calling in loans, and requesting emergency central bank support. Several may nonetheless fail. Only private banks have been affected thus far. All of the government- owned banks and all of the banks in which government corporations participate as joint venture partners have continued to run normally. Inflation has also come down sharply as the asset price inflation fueled by the activities of the informal financial institutions has collapsed. The Government of Burma (GOB) severely abuses the human rights of its citizens. There is no real freedom of speech, press, assembly, association, or travel. Burmese citizens are not free to change their government. Religious minorities (particularly Christians and Muslims) are discriminated against and any form of proselytizing is discouraged. Security forces also regularly monitor citizens’ movements and communications, search homes without warrants, and relocate persons forcibly without just compensation or legal recourse. In June 2002, the Shan Human Rights Foundation (SHRF) accused the Burma Army of using rape systematically as ‘‘a weapon of war’’ in ethnic minority areas along the Thai border. The regime denied those charges and has not agreed with UN Special Rapporteur for Human Rights in Burma Paulo Sergio Pinheiro on the ways and means for an effective, impartial international investigation of these allegations. However, the government did recently intervene and punish both an army officer found guilty of rape and his commanding officers. Forced labor also remained an issue of serious international concern, despite some limited government efforts to control the practice. An International Labor Organization (ILO) Liaison Officer was appointed to Burma in October 2002 and, at the direction of the ILO Governing Body, has attempted to hammer out a ‘‘viable program of action’’ with the government to eliminate forced labor. Thus far, those efforts have not achieved the stated objective. Burma remains one of the world’s largest producers of opium, heroin, and amphetamine-type stimulants. Its overall output of opium and heroin has declined for six straight years; in 2002 Burma produced less than one- quarter of the opium and heroin than it did six years before. At the same

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time, however, the production of methamphetamines has soared, particularly in the area controlled by the Wa ethnic group. According to some estimates, as many as 400 million to 800 million methamphetamine tablets may be produced in Burma each year, although these estimates are difficult to verify. Burma has joined with China, Thailand, and India in attempting to curb this traffic; as yet, however, there are few signs that this regional effort is succeeding. U.S. policy goals in Burma include a return to constitutional democracy, restoration of human rights, including fundamental civil and political rights, national reconciliation, implementation of the rule of law, a more effective counternarcotics effort, HIV/AIDS mitigation, combating trafficking in persons, accounting for missing servicemen from World War II, counterterrorism efforts, and regional stability. We continue to encourage talks between Aung San Suu Kyi and the regime in the hope that the regime will live up to its stated commitment to political transition, leading to meaningful democratic change. We also consult regularly, at senior levels, with countries with major interests in Burma and/or major concerns regarding Burma’s current deplorable human rights practices. In coordination with the European Union and other states, the United States has maintained sanctions on Burma. These include an arms embargo, ban on new investment, and other measures. Our goal in applying these sanctions is to encourage a transition to democratic rule and greater respect for human rights. Should there be significant progress towards those goals as a result of dialogue between Aung San Suu Kyi and the military government, then the United States would look seriously at measures to support this process of constructive change. Continued absence of positive change would force the U.S. to look at the possibility of increased sanctions in conjunction with the international community.

Measuring Progress toward Democratization

Efforts to foster peaceful democratic change in Burma have once again ground to a halt over the past six months. While there have been some positive developments, the regime has become more confrontational in its exchanges with the NLD, led by Aung San Suu Kyi, and has offered few signs of progress toward their stated commitment to a political transition to democracy. UN Special Envoy Razali Ismail continued his mission, visiting Burma for the eighth time in November 2002. On the positive side, the NLD also continued to rebuild itself as a national party, opening up offices throughout Burma. Altogether, the NLD has now reopened about one-quarter of its township and divisional offices (92 offices out of approximately 360). In addition, the Committee to Represent the People’s Parliament (CRPP), a group of parties elected to Parliament in 1990, expanded to a total of 18 elected Members of Parliament (MP). In 1998, the opposition’s decision to establish the CRPP led to the arrest of many of the MPs by the regime. Finally, the NLD’s General Secretary Aung San Suu Kyi continued her travels, visiting Shan and Rakhine States and opening NLD offices in both states. In Shan State, this travel went relatively smoothly; in Rakhine State in December, however, efforts by the United Solidarity Development Associa- tion (a ‘‘mass organization’’ affiliated with the regime) to discourage any large turnout of crowds for Aung San Suu Kyi, turned ugly. In the town of Mrauk Oo Aung San Suu Kyi intervened with local authorities by climbing atop a fire truck to prevent them from dispersing a crowd of 20,000 supporters with water hoses. Political prisoner releases stopped as of late November, despite continued appeals from the international community (UN Special Envoy Razali and UN Special Rapporteur Pinheiro, as well as the EU, U.S., and others) for the unconditional release of all political prisoners. Approximately 550 political prisoners have been released since October 2000, including 380 NLD

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party members. However, another 1,300 ‘‘security detainees’’ still remain in detention, including approximately 110 NLD party members and 17 elected MPs. There were also new arrests. Approximately 60 political activists, mostly teachers, lawyers, and students, were detained by the government between August 2002 and March 2003 on charges including conspiracy to commit terrorist acts for the simple peaceful expression of political dissent. Due to international pressure, most of these activists were released within days, but one died while in detention (apparently from a lack of medical care), while several were convicted of offences carrying sentences of seven years or more. In February 2003 Aung San Suu Kyi was involved in a minor civil law suit brought by a relative that appeared to be politically motivated. Aung San Suu Kyi counter-sued. Both were found guilty. She and other NLD leaders characterized the initial suit as being instigated by the regime and politically motivated. She was given a choice of paying a small fine or being jailed for a week. She refused to admit guilt by paying the fine and indicated her willingness to be jailed for a week as a result. The government then issued a ‘‘suspension of judgment’’ decree as several thou- sand NLD supporters gathered outside the courthouse. Most seriously, the regime has shown no inclination to engage the democratic opposition in meaningful political dialogue. The government arranged meetings between Aung San Suu Kyi and the Minister of Education and others, but the NLD leader made clear to UN Special Envoy Razali in October that there was ‘‘no real dialogue’’ with the regime. There were also signs of Senior General Than Shwe’s frustration with the lack of increased aid or reduced sanctions. The hamstrung status quo has frustrated a number of concerned countries. Australian Foreign Minister Downer, Japan’s Deputy Foreign Minister Tanaka, and the EU Troika visited Burma over the past several months and Japan’s Prime Minister Koizumi reportedly weighed in on behalf of reform at ASEAN Summit in Phnom Penh in November; however, no one has yet been able to move the process forward. At the most recent meeting of the U.N. Contact Group on Burma, held in Tokyo in February, there was little consensus on next steps and what new strategies could be effective. Both the EU and the United States are now considering the advisability of increasing sanctions on Burma.

Counternarcotics

The United States judged earlier this year that Burma had ‘‘failed demon- strably’’ to make substantial efforts to cooperate on narcotics matters, primarily due to the failure to stem the production and flow of amphetamine- type stimulants into neighboring countries. At the same time, the USG has sustained a successful program of cooperation between police authorities in Burma and the U.S. Drug Enforcement Administration. Since 1993 the USG and GOB have cooperated on annual opium yield surveys in Burma and with UNODC and other donors on opium reduction and crop substitution programs. In June 2002, the United States pledged an additional $700,000 to support UNODC’s Wa Alternative Development Project, which helped reduce opium production in the territories of one of the most notorious former insurgent groups, the United Wa State Army. While Burma is the world’s second largest producer of illicit opium, its overall production in 2002 was only a fraction of its production in the mid-1990s. According to the joint U.S./Burma opium yield survey, opium production in Burma totaled no more than 630 metric tons in 2002, down 26 percent from 2001, and less than one-quarter of the 2,560 metric tons produced in Burma in 1996. Burma’s success in reducing the production of opium and heroin, however, has been offset by increasing production of amphetamine-type stimulants, particularly in outlying regions governed

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by former insurgents that are not under the effective control of the Rangoon government. According to some estimates, as many as 400 to 800 million methamphetamine tablets may be produced in Burma each year. Due to the mobile, small-scale nature of the methamphetamine production facilities both reliable data and effective law enforcement measures are difficult. Burma does not have a chemical industry, and as far as we know, does not produce any of the precursors for synthetic drugs. This highlights the regional character of this problem and the need for regional cooperation to put an end to drug flows from the region. There are reliable reports that individual Burmese officials in outlying areas are involved in narcotics production or trafficking or offering protection for these activities. In addition, while the government says it urges former ethnic insurgents to curb narcotics production and trafficking in their self- administered areas along the Chinese border, it has only recently, with the support and assistance of China, begun to crack down hard on some of these groups. Since September 2001, it has begun to enforce pledges from these former insurgent groups to make their self-administered areas opium-free and has pressured groups (including the Wa and the Kokang Chinese) into issuing decrees outlawing narcotics production and trafficking in areas under their control. According to early reports from UNODC’s opium surveyors, the cultivation in traditional growing areas has been reduced. However, the Wa have not committed to eliminating narcotics production until 2005. The Burmese junta gauges that any military operation to end production would be extremely costly. In recent years, Burma continues to improve its cooperation with neighboring states, particularly China. In 2001, Burma signed memoranda of understanding on narcotics control with both China and Thailand. The MOU with China established a framework for joint operations, which in turn led to a series of arrests and renditions of major traffickers in 2001 and 2002, many of whom were captured in the former insurgents’ self-administered areas. Over the past two years Burma has returned over 30 Chinese fugitives to China, including principals from one group that China described as ‘‘the largest armed drug-trafficking gang in the Golden Triangle.’’ Burma’s MOU with Thailand has committed both sides to closer police cooperation on narcotics control and to the establishment of three joint ‘‘narcotics suppression coordination stations’’ at major crossing points on the border. Recent visits by Thai Prime Minister Thaksin and other Thai officials to Rangoon made narcotics cooperation a centerpiece of bilateral relations. In addition, India participated in a January 2003 meeting with China and Burma in Rangoon on precursor control. As a result, India is now exploring the possibility of establishing a 100-mile wide ‘‘restricted area’’ within which any possession of ephedrine, acetic anhydride, or other drug precursors would be criminalized. If adopted by Thailand and China, such action could have a major impact on amphetamine production in areas not under Rangoon’s effective control. Burma is part of every major multilateral narcotics control program in the region. It is a party to the 1961 UN Single Convention, the 1971 UN Conven- tion on Psychotropic Substances, and the 1988 UN Drug Convention. It has also announced that it will shortly adhere to the 1972 Protocol to the 1961 Single Convention. Burma has also supported UNODC’s 1993 Memo- randum of Understanding that was signed among the six regional stateslBurma, China, Thailand, Laos, Vietnam, and Cambodialto control narcotics production. Finally, as China and Thailand have become more active multilaterally, Burma has joined all trilateral and quadrilateral programs organized by either to coordinate counter-narcotics efforts among the four states of the Golden Triangle (Laos, Burma, China, and Thailand). Under pressure from the Financial Action Task Force (FATF), the Govern- ment of Burma has taken action on money laundering issues. In June 2002 the GOB enacted a new money laundering law that criminalized money laundering in connection with most major offenses, including terrorism and

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narcotics trafficking. A Central Control Board chaired by the Minister of Home Affairs was established in July; training for financial investigators was conducted in Rangoon and Mandalay in August and September, and the initial investigations were begun in July 2002. Using the provisions of the law, assets have been frozen and/or seized in several major narcotics- related cases. With assistance from UNODC, the Burmese government is also in the process of drafting a new mutual legal assistance law, which should lay the groundwork for judicial and law enforcement cooperation across borders in the prosecution of money laundering and other cases.

The Quality of Life in Burma

The Economy: Economic developments in Burma were punctuated in Feb- ruary and March 2003 by a banking crisis centered on several major private banks. Undermined by soaring inflation and government restrictions on interest rates, Burma’s private banks were shaken to their roots by the collapse of several unofficial financial institutions in January 2003. During February, approximately 40 percent of the banks’ deposits were withdrawn, obliging the banks to restrict withdrawals, call in loans, and apply to the Central Bank for emergency assistance. The run has focused on private banks, especially those with Chinese or Chinese-Burmese ownership. Government-owned and joint venture banks with government participation have not been affected, presumably because the public is more confident of government support in those cases. Burmese-owned private banks have also escaped the extreme pressures applied to the Chinese-owned banks, presumably again because depositors are more confident of government support in those cases. Looking ahead, several private banks may fail within the next several months. Since the private banks hold a majority of bank deposits in Burma, this will have a major impact on their customers’ savings and on the payments system throughout Burma. A good portion of the inflation that plagued Burma over the past two years was generated by the uncontrolled credit and investment operations of the informal financial institutions, which have now collapsed. With them gone and the banking system crippled by the current run, inflation should decline, while the kyat, now suddenly in short supply, strengthens. Since the start of the crisis in February, the values of both gold and the dollar have fallen by about 20 percent against the kyat, while general price inflation has moderated. Both trends should continue in the months ahead. In the energy sector, some good luck has saved the government from the consequences of a string of disastrous public investment decisions. As it turns out, a crash government exploration program has turned up enough natural gas onshore to ensure against a recurrence of the severe load shedding and blackouts that plagued the economy in 2002. Where in January 2002 the nation’s peak generating capacity was sufficient to meet only about two-thirds of the nation’s peak demand, it now appears that all, or virtually all customers in Rangoon and other major cities are getting electricity on a regular basis. In 2004, several major hydropower projects are due to come on line and, provided that the new-found gas holds out that long, Burma may finally be able to put its long-running energy problems behind it. In the fiscal budget, the situation continues to be desperate, but not so desperate as thought earlier. There, a failed fiscal concept, in which the GOB attempted to run the entire government on the basis of the profits of the state-owned enterprises, has left the GOB without any basis for long- term planning, as profits have turned to losses in one state-owned enterprise after another. In fact, in Burma’s fiscal year 2001/2002, the deficits of the state-owned enterprises actually absorbed all the revenues collected by the government, leaving the government proper (i.e., the army, the navy, the health and education services, and all ministerial operations) to run on the basis of monies borrowed from the Central Bank. This has over the

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past two years produced a rapid expansion of the money supply, a commensurate increase in inflation and a sharp depreciation in the value of the domestic currency. The collapse of the informal financial institutions has had a deflationary effect. Previously propped-up asset values have collapsed and relatively high interest rates for savers have also gone away. Thus, the inflation associated with the government’s mismanaged fiscal expansion will have less impact. Human Rights: The Government of Burma severely abuses the human rights of its citizens. Burmese do not have the right to change their government. Nor is there any real freedom of speech, press, assembly, association, or travel. Religious minorities (particularly Christians and Muslims) are discriminated against and any form of proselytizing activity is actively discouraged. Burma was designated a Country of Particular Concern for particularly severe violations religious freedom in 2002. Security forces also regularly monitor citizens’ movements and communications, search homes without warrants, and relocate persons forcibly without compensation or legal recourse. Patterns of abuses are worse in ethnic minority areas. These abuses include censorship, persecution, beatings, disappearances, extrajudicial executions, the curtailing of religious freedom, forced relocations, rapes, and forced labor, including conscription of child soldiers. Several reports by non-governmental organizations have been published this year alleging human rights abuses by the Burmese military on Burmese civilians including rapes of hundreds of women between 1992 and 2001. The regime initially denied these charges but, after conducting investigations, conceded that it had identified five cases (out of the 173 presented by SHRF) whose circumstances approximate those described by SHRF. The international community is calling for an independent investigation by competent officials from outside Burma conducting private interviews with victims in an atmosphere of security and free of reprisals. In March 2003, UN Special Rapporteur for Human Rights Pinheiro visited Burma to discuss the human rights situation there, including prospects for an independent, credible investigation of the rape allegations. However, he cut his visit short when he learned that his sup- posedly confidential discussions with political prisoners were being mon- itored by Burmese authorities. In August 2002, a Burma Army Captain raped a four-year-old girl in a village in Kayah State, and local officials attempted to cover up the crime when villagers first complained to them. However, the government has since taken action. The Captain was brought back to Rangoon in handcuffs, and the Commander and Deputy Commander of the Captain’s battalion were relieved of command for their mishandling of the incident. Reportedly, there have been no reprisals against the villagers. There had been no releases of political prisoners since late November 2002 until shortly before Pinheiro arrived in March 2003. The regime claimed to have released 45 prisoners on March 16, including ‘‘elderly inmates, females either pregnant or with young children, and those incarcerated for disturbing peace and tranquility.’’ Three to four of those released were NLD members. Approximately 550 political prisoners have been released since October 2000, including approximately 380 NLD party members. How- ever another 1,300 ‘‘security detainees’’ (including pro-democracy activists, lawyers, students, teachers, journalists, insurgents, and those accused of aiding insurgents) still remain in prison. Of these, about 110 are NLD members and 17 are elected Members of Parliament. Another 400 prisoners (mainly mothers with young children) were released on humanitarian grounds. U.N. Special Rapporteur Pinheiro and U.N. Special Envoy, along with members of the international community, have consistently and strongly pressed for the unconditional release of all political prisoners. This appeal has thus far not been answered. The United States continues to recognize

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the results of the 1990 elections and will continue to push for the full restoration of the civil and political rights of the people of Burma. Instead of more releases of prisoners, as pledged, arrests of political activists continued in late 2002 and early 2003. Between August 2002 and March 2003, the government detained approximately 60 activists for peaceably promoting democracy and freedom. While most of these activists were released within days of their arrest, there were reports that several were beaten or otherwise abused while in detention. In addition, one detainee died (apparently as a result of a lack of medical attention), while others were convicted and sent to prison for periods of seven years or more. However, the aggregate number of political prisoners and security detainees has decreased by dozens at least in the period covered by this report. The regime has allowed the United Nations High Commission on Refugees to maintain a presence in northern Rakhine State, providing support and protection services to more than 230,000 Rohingya Muslims who have returned from Bangladesh. After nearly a decade, however, some 22,000 Rohingya refugees still remain in two refugee camps in Bangladesh and another estimated 200,000 Rohingya live illegally in southernmost Ban- gladesh. In spite of ongoing repatriation efforts, for the last few years repatri- ations to Burma have not kept up with the camp birthrates and restrictions on movement in Burma have made life exceedingly difficult for this population. There are concerns that members of this disenfranchised population have been recruited by terrorist organizations. Furthermore, more than 132,000 other Burmese ethnic minority displaced persons live in several refugee camps along the border in Thailand, and an estimated two million Burmese, both ethnic minorities and ethnic Bur- mans, live illegally in Thailand; many of these are economic migrants rather than political refugees. The tens of thousands of Burmese and ethnic minorities living illegally in the countries surrounding Burma are willing to endure an often perilous existence because they believe it is even more dangerous to return to Burma. Forced labor also remained an issue of serious concern to the international community, despite some (still relatively ineffective) government efforts to control the practice. In June 2000, the International Labor Conference concluded that the Government of Burma had not taken effective action to deal with the use of forced labor in the country and, for the first time in the history of the International Labor Organization (ILO), it called on all ILO members to review their policies to ensure that those policies did not support forced labor. The ILO Governing Body implemented this decision in November 2000. The United States strongly supported this decision. Over the past 18 months, the Government of Burma has slowly begun to work with the ILO on procedural measures to address the problem. In September 2001, it allowed an ILO High Level Team to visit Burma to assess the situation. That team concluded that the GOB had made an ‘‘obvious, but uneven’’ effort to curtail the use of forced labor, but that forced labor persisted, particularly in areas where the Burma Army was waging active military campaigns against insurgent forces. The team recommended that the ILO establish a presence in Burma, a step that was finally completed in October 2002 with the opening of an ILO Liaison Office in Rangoon. In August 2002, the ILO began field visits to sites along the Thai/Burmese border that have been identified by Amnesty International and other organizations as ‘‘hot spots’’ for forced labor and Burmese Army abuse of ethnic minorities. The ILO Liaison Officer has also attempted to engage the GOB in discussions to develop a ‘‘viable plan of action’’ to eliminate forced labor as demanded by the ILO Governing Body in Novem- ber 2002, but so far these efforts have been unsuccessful. While the GOB has made some procedural concessions to ILO demands, the GOB has still not prosecuted any individual for use of forced labor, and there is abundant evidence that the centuries-old tradition of forced labor in Burma continues. As a result, the ILO has continued to press for an effective investigative

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body, the appointment of an independent ombudsman to report on violations, and the elimination of forced labor in law and practice. The use of forced labor to build infrastructure for tourist sites appears to be reduced from levels reported in the late 1990’s. In recent years, there have been isolated reports of forced labor at tourist sites. Burma was ranked as a Tier 3 country in the Department’s 2002 Trafficking in Persons Report. Since the publication of that report, the GOB has tried to make more transparent that it is taking steps against sexual exploitation trafficking, which most often involves the clandestine movement of Burmese women and children from ethnic minority areas into Thailand. The Myanmar National Committee on Women’s Affairs has taken measures to help educate vulnerable populations on the dangers of trafficking by distributing booklets, producing some media programming and organizing community talks. The Ministry of Home Affairs and the Attorney General’s office have carried out arrests and prosecutions of traffickers. The effectiveness of these efforts appears to be uneven and difficult to evaluate given the government’s overall credibility and the political climate in the country, but this represents what seems to be a genuine engagement of some senior government officials to fighting sex trafficking. The GOB has also allowed some limited but important NGO and international organization activity to assist returning trafficking victims and educate officials, but the government needs to be open to much more of this kind of cooperation. The GOB has concentrated its efforts in fighting sex trafficking, although officials are aware that the international definition of trafficking in persons also encompasses labor exploitation. The regime did allow a visit by Amnesty International (AI) in February 2003. During the visit, the AI delegation met with government ministers and other officials, as well as with Aung San Suu Kyi and other members of the NLD. AI used their meetings with government officials to discuss the conditions under which political prisoners are held and to call for the immediate release of 19 prisoners on humanitarian grounds. The Environment: Illegal logging and illicit trade in wildlife and wildlife products are overwhelming efforts at protection. To help deal with both of these issues, the Ministry of Forestry has instituted a program to increase the size of protected areas, but pressures are mounting as agricultural lands expand. Other concerns include threats to reefs and fisheries and overall water resource management.

Development of a Multilateral Strategy

U.S. policy goals in Burma include a return to constitutional democracy, the institution of a rule of law, improved human rights, national reconciliation, counterterrorism efforts, regional stability, HIV/AIDS mitigation, combating trafficking in persons, accounting for missing servicemen from World War II, and more effective counternarcotics efforts. We encourage talks between Aung San Suu Kyi and the military government in the hope that it will lead to meaningful democratic change in Burma. We also consult regularly, at senior levels, with countries with major interests in Burma and/or major concerns regarding Burma’s human rights practices. The United States has co-sponsored annual resolutions at the UN General Assembly and the UN Commission on Human Rights that target Burma. We have also supported the ILO’s unprecedented decision on Burma given its failure to deal effectively with its severe and pervasive forced labor problems. Most importantly, we strongly support the mission of the UN Secretary General’s Special Representative for Burma, Razali Ismail, whose efforts are key in facilitating the start of any meaningful political dialogue between the regime and the NLD. In coordination with the European Union and others, the United States has imposed sanctions on Burma. These sanctions include an arms embargo, a ban on all new U.S. investment in Burma, the suspension of all bilateral

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aid, the withdrawal of GSP privileges, the denial of OPIC and EXIMBANK programs, visa restrictions on Burma’s senior leaders, and a vote against any loan or other utilization of funds to or for Burma by international financial institutions in which the United States has a major interest. We have also maintained our diplomatic representation at the Charge´ d’Affaires level since 1990. Our goal in applying these sanctions is to encourage a transition to democratic rule and greater respect for human rights. Nevertheless, we remain concerned about the growing humanitarian crisis in Burma. In 2002, we initiated a $1 million program to address the growing HIV/AIDS epidemic in Burma by funding only international non-governmental organizations (INGOs) to undertake prevention activities; no assistance is direct to the regime. Discus- sions with the government continue on allowing INGOs to conduct voluntary HIV testing and counseling, as well as a greater commitment to more effective prevention, treatment, and care programs, including for pregnant mothers and high risk groups. We also use a portion of the funding from the U.S. Burma earmark to develop programs in support of democracy in Burma, as well as democracy, social, educational, and governance-related programs outside Burma. None of these funds are disbursed to or through the Govern- ment of Burma. We will also continue to examine the potential for cooperation with Burma on terrorism and narcotics issues. Should there be significant progress in Burma in coming months on political transition, economic reform, and human rights, the United States would look seriously at additional measures that could be applied to support the process of constructive change. Absent progress, we will be forced to consider, in conjunction with the international community, additional sanctions and/or other measures.

[FR Doc. 03–8677 Filed 4–9–03; 8:45 am] Billing code 4710–10–P

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Rules and Regulations Federal Register Vol. 68, No. 69

Thursday, April 10, 2003

This section of the FEDERAL REGISTER Branch, Fruit and Vegetable Programs, or her principal place of business, has contains regulatory documents having general AMS, USDA, 2202 Monterey Street, jurisdiction to review USDA’s ruling on applicability and legal effect, most of which suite 102B, Fresno, California 93721; the petition, provided an action is filed are keyed to and codified in the Code of telephone: (559) 487–5901, Fax: (559) not later than 20 days after the date of Federal Regulations, which is published under 487–5906; or George Kelhart, Technical the entry of the ruling. 50 titles pursuant to 44 U.S.C. 1510. Advisor, Marketing Order This final rule revises the regulations The Code of Federal Regulations is sold by Administration Branch, Fruit and concerning compensation to handlers the Superintendent of Documents. Prices of Vegetable Programs, AMS, USDA, 1400 for services they perform pertaining to new books are listed in the first FEDERAL Independence Avenue, SW., STOP reserve prunes covered under the order. REGISTER issue of each week. 0237, Washington, DC 20250–0237; Under the order, handlers are telephone: (202) 720–2491, Fax: (202) compensated for such costs as 720–8938. inspection, receiving, storing, grading, DEPARTMENT OF AGRICULTURE Small businesses may request and fumigation of reserve prunes held information on complying with this for the account of the Committee. In the Agricultural Marketing Service regulation by contacting Jay Guerber, administrative rules and regulations, the Marketing Order Administration compensation rate has been $25 per ton 7 CFR Part 993 Branch, Fruit and Vegetable Programs, since the early 1970’s. This rule [Docket No. FV02–993–2 FR] AMS, USDA, 1400 Independence establishes a procedure in the Avenue, SW., STOP 0237, Washington, administrative rules and regulations that Dried Prunes Produced in California; DC 20250–0237; telephone: (202) 720– the Committee will follow to compute Revising the Regulations Concerning 2491, Fax: (202) 720–8938, or e-mail: the level of handler payments that Compensation Rates for Handlers’ [email protected]. reflect current industry costs instead of Services Performed Regarding SUPPLEMENTARY INFORMATION: This final having the compensation rate stated in Reserve Prunes Covered Under the the rule. The Committee will obtain California Dried Prune Marketing Order rule is issued under Marketing Agreement and Order No. 993, both as current industry costs through surveys AGENCY: Agricultural Marketing Service, amended (7 CFR part 993), regulating of dried prune handlers and compute USDA. the handling of dried prunes produced average costs based on the number of ACTION: Final rule. in California, hereinafter referred to as handlers participating in the survey. the ‘‘order.’’ The order is effective under Abnormally high or low results will not SUMMARY: This rule revises the the Agricultural Marketing Agreement be considered in the average. The regulations concerning compensation Act of 1937, as amended (7 U.S.C. 601– average may be rounded to the nearest rates for handlers’ services performed in 674), hereinafter referred to as the $0.25. USDA will approve the updated connection with reserve prunes covered ‘‘Act.’’ compensation rate computed by the under Marketing Order No. 993 (order). The Department of Agriculture Committee. The Committee will The order regulates the handling of (USDA) is issuing this rule in announce the compensation rate for dried prunes produced in California and conformance with Executive Order handling reserve prunes at the time the is administered locally by the Prune 12866. Committee reviews the industry Marketing Committee (Committee). This This final rule has been reviewed statistics during the latter part of June rule will establish a procedure in the under Executive Order 12988, Civil and notify all handlers accordingly. administrative rules and regulations Justice Reform. This rule is not intended Additional payment for handler services which the Committee will follow to to have retroactive effect. This rule will for reserve prunes held beyond the crop compute the level of handler payments not preempt any State or local laws, year of acquisition will be updated for holding reserve prunes during and regulations, or policies, unless they through a stated percentage of the beyond the crop year of acquisition. present an irreconcilable conflict with handler compensation rate during the These payment rates will reflect current this rule. crop year of acquisition. The Committee industry costs. The rule also will The Act provides that administrative unanimously recommended this action establish time frames for changing the proceedings must be exhausted before on November 29, 2001. payment rates, and procedures for parties may file suit in court. Under The order provides authority for informing interested persons of the section 608c(15)(A) of the Act, any volume regulation designed to promote payment rates and payment procedures. handler subject to an order may file orderly marketing conditions, to This rule also does not allow for with USDA a petition stating that the stabilize prices and supplies, and to payment of handler services for reserve order, any provision of the order, or any improve producer returns. When prunes released through the handler obligation imposed in connection with volume regulation is in effect, a certain acceptance of diversion certificates if the order is not in accordance with law percentage of the California prune crop the released prunes have not been and request a modification of the order may be sold by handlers to any market stored by the handler. or to be exempted therefrom. A handler (salable tonnage) while the remaining EFFECTIVE DATE: This final rule becomes is afforded the opportunity for a hearing percentage must be held by handlers in effective May 12, 2003. on the petition. After the hearing, USDA a reserve pool (or reserve) for the FOR FURTHER INFORMATION CONTACT: would rule on the petition. The Act account of the Committee. Reserve Richard P. Van Diest, Marketing provides that the district court of the prunes are disposed of through various Specialist, California Marketing Field United States in any district in which programs authorized under the order, Office, Marketing Order Administration the handler is an inhabitant, or has his including government purchases. Net

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proceeds generated from sales of reserve The Committee normally meets payment) as soon as practicable after the prunes are distributed to the reserve during the end of June or early July to majority of the deliveries have been pool’s equity holders, primarily discuss marketing policy issues and made and funds are available. During producers. decides whether to recommend normal years, the first payment will implementing a reserve. The Committee occur after the second quarter of the Definitions met on November 29, 2001, and crop year (usually during February) and Section 993.21c of the prune unanimously recommended revising the quarterly payments will be made marketing order defines salable prunes rules and regulations pertaining to the thereafter, as funds are available. The as prunes which are free to be handled compensation rates for handler services crop year runs from August 1 through pursuant to any salable percentage in connection with reserve prunes. One July 31. established by the USDA pursuant to change recommended establishes a The Committee also recommends a § 993.54. procedure in the administrative rules number of administrative changes to the Section 993.21d of the order defines and regulations for computing the rules and regulations. They include: (1) reserve prunes as prunes which must be compensation rates instead of having Correcting a reference in § 993.159(a) withheld in satisfaction of a reserve the rates stated in the rule. To aid in from § 993.57 to § 993.59; (2) adding a obligation arising from the application formulating the compensation rates, the provision in § 993.159(a)(1) stating that of a reserve percentage established by Committee will obtain current costs in crop years when the Committee the USDA pursuant to § 993.54. through surveys of dried prune handlers recommends a reserve pool, it shall meet by July 20 to review costs for Section 993.54 of the order provides and compute average costs based on the handler services in connection with authority for USDA, based on number of handlers participating in the reserve prunes pursuant to § 993.59, recommendations by the Committee and survey. Abnormally high or low results except that the Committee may extend supporting information supplied by the will not be considered in the average. this date by not more than 10 business Committee, or from other available The average may be rounded to the days if warranted by a late crop; (3) information, to establish salable and nearest $0.25. An updated compensation rate for adding weighing and stacking prunes as reserve percentages for dried prunes handling reserve prunes during the crop part of the direct labor costs in received by handlers during a crop year. year of acquisition will be computed § 993.159(a)(2); (4) adding clean-up, The crop year begins August 1 and runs when the Committee considers its health insurance, pension plan through July 31. When salable and annual marketing policy, but no later contributions, vacation pay, holiday and reserve percentages are in effect, than July 20. This date could be other paid days off as part of the plant § 993.57 requires handlers to hold in extended up to 10 days, if warranted by overhead costs in § 993.159(a)(2); and their possession or under their control, a late crop. During marketing policy (5) eliminating reference to personal for the account of the Committee, the discussions, the Committee reviews, pronouns and replacing them with a quantity of prunes necessary to meet among other things, industry production descriptive noun so the regulatory text their reserve obligation. and marketing statistics for dried prunes is not gender specific. Paragraphs (a)(1), Authority To Pay Handlers for Reserve here and abroad, pricing information for (2), and (3) of § 993.159 are modified Pool Services domestic and foreign produced dried accordingly. prunes, and handler costs for holding In addition, the Committee Section 993.59 of the order specifies reserve prunes, including, but not recommended that the provisions in that handlers be compensated for limited to inspection, receiving, storing, § 993.159(c)(2) regarding payments to necessary services performed in grading, and fumigating prunes. Any handlers for services rendered in connection with reserve prunes recommended change in compensation connection with reserve prunes held including, but not limited to inspection, rate will be reviewed, and will have to beyond the end of the crop year of receiving, storing, grading, and be approved by USDA. Upon approval, acquisition also be updated. The fumigation. The payment is made on the the Committee will inform all handlers regulations currently establish the tonnage of reserve prunes held by the of the changed compensation rate for reimbursement rate for storage and handler for the account of the the upcoming crop year. The process fumigation at $2 per ton for the first Committee, in accordance with a will be completed by the beginning of quarter of the year beyond the crop year schedule of payments. the crop year (August 1). of acquisition. This approximates 10 Handler Service Payments and On November 29, 2001, the percent of the current handler Conditions for Reserve Prunes Committee also recommended that no compensation rate for the crop year of payment for handler services be made acquisition. The Committee Pursuant to § 993.59 of the order, for reserve prunes released by handler recommended that handlers be details of the criteria and procedures for acceptance of diversion certificates compensated at 10 percent of the yearly compensating prune handlers in under §§ 993.62 and 993.162, if the rate computed by the Committee and connection with reserve prunes are handler has not stored the prunes. For approved by USDA for the crop year of established by regulation after example, a handler may have a reserve acquisition for the first quarter after the recommendation by the Committee. obligation of 1,000 tons and received crop year of acquisition, rather than They may be found in § 993.159 of the 900 tons worth of diversion certificates. establishing a specific rate. That administrative rules and regulations. The handler submits the 900 tons of paragraph also specifies specific Since the early 1970’s, the diversion certificates to the Committee amounts per ton for storage and compensation rate has been $25 per ton. and requests that he be relieved of 900 fumigation for the second, third, and The prune industry has not tons of reserve prune obligation, leaving fourth quarters after the crop year of implemented salable and reserve a reserve obligation of 100 tons. In this acquisition at $1.00, $0.25, and $0.25 percentages since 1971; therefore, the situation, the Committee will only per ton, respectively. This equates to 50 compensation rate does not reflect reimburse the handler for reserve pool percent of the first quarter’s amount for current costs. In recent years, the costs on the 100 tons. the second quarter and 25 percent each Committee has considered The Committee intends to pay up to for the third and fourth quarters. Rather implementing a reserve. one-half the compensation rate (first than maintaining specific rates for the

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second, third, and fourth quarters, the behalf. Thus, both statutes have small The Committee also recommended a Committee recommended that the rates entity orientation and compatibility. number of administrative changes to the be expressed as these percentages in the There are approximately 1,205 rules and regulations. They include: (1) administrative rules and regulations. producers of dried prunes in the Correcting a section reference in Expressing these rates paid to handlers production area and approximately 24 § 993.159(a) from § 993.57 to § 993.59; for services rendered beyond the crop handlers subject to regulation under the (2) Adding a provision to § 993.159(a)(1) year of acquisition as percentages will marketing order. Small agricultural stating that in crop years when the add flexibility to the regulatory scheme producers are defined by the Small Committee recommends a reserve pool, and eliminate the need to revise that Business Administration (13 CFR it shall meet by July 20 to review the part of the regulations when the rates for 121.201) as those having annual receipts costs incurred by handlers in handler services during the crop year of less than $750,000, and small connection with holding reserve prunes are changed. agricultural service firms are defined as for the account of the Committee, except The Committee also recommended those whose annual receipts are less that the Committee may extend this date that it be allowed to determine the rate than $5,000,000. up to 10 business days if warranted by per ton for bin rental within the An updated industry profile shows a late crop; (3) Adding weighing and industry for the succeeding crop year that 9 out of 24 handlers (37.5 percent) stacking prunes as part of the direct and to inform handlers in accordance shipped over $5,000,000 worth of dried labor costs in § 993.159(a)(2); (4) Adding with paragraph (e) of § 993.159. prunes and could be considered large clean-up, health insurance, pension Handlers will be compensated at that handlers by the Small Business plan contributions, vacation pay, rate for use of their bins in storing Administration. Fifteen of the 24 holiday and other paid days off as part reserve prunes for the account of the handlers (62.5 percent) shipped under of the plant overhead costs in Committee. Paragraphs (c)(1) and (2) of $5,000,000 worth of prunes and could § 993.159(a)(2); and (5) Eliminating § 993.159 are modified accordingly. be considered small handlers. An references to personal pronouns and New paragraph (e) of § 993.159 will estimated 32 producers, or less than 3 replacing them with descriptive nouns specify that the Committee shall give percent of the 1,205 total producers, so the regulatory text is not gender reasonable publicity to producer and will be considered large growers with specific. Paragraphs (a)(1), (2), and (3) of handler members and alternates who annual incomes over $750,000. The § 993.159 are modified accordingly. serve on the Committee, commercial majority of handlers and producers of In addition, the Committee dehydrators, handlers, and the California dried prunes may be recommended that the provisions in cooperative bargaining association(s) of classified as small entities. § 993.159(c)(2) also be updated and be each meeting to consider handler Pursuant to § 993.59 of the order, this formula based. These provisions regard payment rates or any modification final rule will allow the Committee to payments to handlers for services thereof, and each such meeting shall be compute and announce the level of (storage and fumigation) rendered in open to them. Similar publicity shall be payments paid to handlers for services connection with reserve prunes held given to producer and handler members performed in connection with holding beyond the crop year of acquisition. The and alternates who serve on the reserve prunes for the account of the regulations currently establish the Committee, commercial dehydrators, Committee. Each handler holding reimbursement rate at $2 per ton for the handlers, and the cooperative reserve prunes for the account of the first quarter of the crop year after bargaining association(s) of each Committee will complete such services acquisition. This approximates 10 payment rate modification submitted to so that the Committee is assured that the percent of the current handler USDA for review and approval. The prunes are maintained in good compensation rate for the crop year of Committee shall notify producer and condition. The Committee will use the acquisition. The Committee handler members and alternates who procedure specified in the recommended that the handler payment serve on the Committee, commercial administrative rules and regulations for rate for the first quarter of the crop year dehydrators, handlers, and cooperative computing the payment levels. This after acquisition be 10 percent of the bargaining association(s) of USDA’s flexibility will allow for cost updates in yearly rate for the crop year of action on payment rates and conditions a timely and efficient manner and at less acquisition, rather than establishing a for payment by first class mail and/or by cost to implement. This rule will allow specific payment rate. That paragraph electronic communications. the Committee to survey each of the also specifies specific amounts per ton prune handlers to obtain their costs for for storage and fumigation for the Final Regulatory Flexibility Analysis each category of expenses for handling second, third, and fourth quarters of the Pursuant to requirements set forth in reserve prunes listed in § 993.159 of the crop year following acquisition at $1.00, the Regulatory Flexibility Act (RFA), the administrative rules and regulations. $0.25, and $0.25 per ton, respectively. Agricultural Marketing Service (AMS) These costs will be averaged according This equates to 50 percent of the first has considered the economic impact of to the formula in the rules and quarter’s amount for the second quarter this rule on small entities. Accordingly, regulations. After reviewing and and 25 percent each for the third and AMS has prepared this final regulatory computing these costs, the Committee fourth quarters. Rather than maintaining flexibility analysis. will submit the compensation rates to specific rates for the second, third, and The purpose of the RFA is to fit USDA for approval. After USDA fourth quarters, the Committee regulatory actions to the scale of approves the compensation rates, the recommended that the rates be business subject to such actions in order payment rates will be publicized as expressed as these percentages in the that small businesses will not be unduly required in paragraph (e) of this section. administrative rules and regulations. or disproportionately burdened. No payments for handler services will Expressing these rates paid to handlers Marketing orders issued pursuant to the be made for reserve prunes released by for services rendered beyond the crop Act, and rules issued thereunder, are handler acceptance of diversion year of acquisition as percentages will unique in that they are brought about certificates if the handler has not stored add flexibility to the regulatory scheme through group action of essentially the released dried prunes for the and eliminate the need to revise that small entities acting on their own account of the Committee. part of the regulations when the rates for

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handler services during the crop year the administrative rules and regulations Chapter 35), AMS is seeking approval are changed. will allow the Committee to update the for the additional burden imposed by The Committee also recommended compensation rate during a particular the Handler Compensation Survey. that it be allowed to determine the rate crop year in a timely, efficient, and less Upon OMB approval, the additional per ton for bin rental within the expensive manner. The computed burden will be merged into the industry for the succeeding crop year payment rates will be recommended by information collection currently and to inform handlers in accordance the Committee and approved approved under OMB No. 0581–0178, with paragraph (e) of § 993.159. administratively by USDA. After USDA Vegetable and Specialty Crop Marketing Handlers will be compensated at that approval the payment rates will be Orders. As noted in the initial rate for the use of their bins in storing publicized as required in § 993.159(e). regulatory flexibility analysis, the USDA reserve prunes for the account of the This rule will allow the Committee to has not identified any relevant Federal Committee. Paragraphs (c)(1) and (2) of reimburse handlers their actual costs rules that duplicate, overlap or conflict § 993.159 are modified accordingly. incurred in holding reserve prunes for with this rule. New paragraph (e) of § 993.159 will the account of the Committee. While In addition, the Committee’s Supply specify that the Committee give this may reduce net proceeds to the Management Subcommittee meeting on reasonable publicity to producer and equity holders, it shifts the costs to the November 28, 2001, and the Committee handler members and alternates who appropriate entities. There should be no meeting on November 29, 2001, where serve on the Committee, commercial disproportionate impact of this action this action was deliberated were both dehydrators, handlers, and the on small entities. Costs of the reserve public meetings widely publicized cooperative bargaining association(s) of pool are taken out of the proceeds of the throughout the prune industry. All each meeting to consider handler pool and each equity holder shares in interested persons, both large and small, payment rates or any modification the expenses based on their were invited to attend the subcommittee thereof, and each such meeting shall be proportionate share of prunes in the and Committee meetings and participate open to them. Similar publicity will be reserve pool. in the industry’s deliberations. given to producer and handler members The Committee discussed other A proposed rule concerning this and alternates who serve on the alternatives to this change on November action was published in the Federal Committee, commercial dehydrators, 29, 2001, including doing nothing. Register on Tuesday, October 15, 2002, handlers, and the cooperative However, that will leave reserve pooling (67 FR 63568). Copies of this rule were bargaining association(s) of each as a less viable supply management mailed or sent via facsimile to all payment report submitted to USDA for option due to the outdated schedule of Committee members, alternates and review and approval. The Committee handler payments. Another option dried prune handlers. Finally, the Office will notify producer and handler discussed was to update the data for a of the Federal Register and USDA made members and alternates who serve on given crop year; however, the survey the rule available through the Internet. the Committee, commercial and formula procedure was considered The rule provided a comment period dehydrators, handlers, and cooperative more viable. that ended December 16, 2002. No bargaining association(s) of USDA’s This action will allow the Committee comments were received. Accordingly, action on payment rates and conditions to survey prune handlers to obtain their no changes will be made to the rule as for payment by first class mail and/or by costs applicable to holding reserve proposed. electronic communication. prunes for the account of the A small business guide on complying Regarding the impact of this rule on Committee. Reporting and with fruit, vegetable, and specialty crop affected entities, the order provides that recordkeeping burdens are necessary for marketing agreements and orders may handlers shall store reserve prunes for compliance purposes and for be viewed at: http://www.ams.usda.gov/ the account of the Committee. Net developing statistical data to administer fv/moab.html. Any questions about the proceeds from sales of such reserve the program. This rule will impose some compliance guide should be sent to Jay prunes are distributed back to the additional reporting and recordkeeping Guerber at the previously mentioned reserve pool’s equity holders, primarily requirements on both small and large address in the FOR FURTHER INFORMATION producers. Handlers are compensated California dried prune handlers. In CONTACT section. from reserve pool funds for their costs order to help the Committee formulate After consideration of all relevant in inspecting, receiving, storing, the compensation rate for handler matter presented, including the grading, fumigation, and handling services in connection with reserve information and recommendation reserve prunes. Currently, handlers are prunes, current costs will be obtained submitted by the Committee and other compensated at a rate of $25 per ton for through a survey voluntarily submitted available information, it is hereby found reserve prunes acquired during a by dried prune handlers. The average that this rule, as hereinafter set forth, particular crop year. The $25 per ton costs will be computed based on the will tend to effectuate the declared rate has been the compensation rate number of handlers participating in the policy of the Act. since the early 1970’s. Costs have survey. It is estimated that it will take increased dramatically in the past 30 an average of 15 minutes per response List of Subjects in 7 CFR Part 993 years. The Committee recommended to collect this information. If all 24 Marketing agreements, Plums, Prunes, that a procedure be added to the handlers participate in the survey, the Reporting and recordkeeping administrative rules and regulations to additional burden created is estimated requirements. allow the Committee to adjust the to be 6 hours. However, the Committee ■ compensation rate for handling reserve believes that the burden to complete a For the reasons set forth in the pre- prunes in a timely manner instead of handler compensation survey will be amble, 7 CFR part 993 is amended as fol- specifying them in the rules and outweighed by obtaining and using lows: regulations. The industry meets during updated cost data to determine the PART 993—DRIED PRUNES the end of June or early July to discuss handler compensation for handling PRODUCED IN CALIFORNIA marketing policy issues, including reserve prunes. reserve pooling, for the next crop year, In accordance with the Paperwork ■ 1. The authority citation for 7 CFR part which begins August 1. A procedure in Reduction Act of 1995 (44 U.S.C. 993 continues to read as follows:

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Authority: 7 U.S.C. 601–674. employee benefits (payroll taxes, handler shall be paid for such services compensation insurance, health at a rate per ton (natural condition ■ 2. Section 993.159 is revised to read as insurance, pension plan contributions, weight) determined by the Committee follows: vacation pay, holiday and other paid and approved by the Secretary of 993.159 Payments for services performed days off, and other such costs). Agriculture. Such reimbursement rate with respect to reserve tonnage prunes. (3) The Committee shall survey all shall be computed as described in (a) Payment for crop year of handlers to obtain their costs for paragraph (a)(3) of this section and acquisition. Each handler shall, with services performed with respect to publicized as required in paragraph (e) respect to reserve prunes held by the reserve tonnage prunes. The Committee of this section. handler for the account of the will compute the average industry cost (2) Additional payment for reserve Committee pursuant to § 993.59, be paid for holding reserve pool prunes by tonnage prunes held beyond the crop at a rate computed by the Committee adding each handlers’ cost data, and year of acquisition shall be made in (natural condition rate) for necessary dividing the composite figure by the accordance with this paragraph. Each services rendered by the handler in number of handlers participating in the handler holding reserve prunes shall connection with such prunes so held survey. In the event that any handler’s complete such services so that the during all or any part of the crop year cost data is too low or too high, the Committee is assured that the prunes in which the prunes were physically Committee may choose to exclude the are maintained in good condition. received from producers or dehydrators. high and low data in computing an (i) For storage and necessary Each handler holding reserve prunes industry average. The industry average fumigation, each handler shall be shall perform such services to assure costs may be rounded to the nearest compensated at a per ton rate that the prunes are maintained in good $0.25. The industry average costs announced by the Committee in condition. No payment will be made for computed by the Committee shall be accordance with paragraph (a)(3) of this prunes released by handler acceptance publicized by the Committee pursuant section: of diversion certificates if the handler to paragraph (e) of this section. (A) For all or any part of the first 3 (b) Reimbursement for required has not stored the released prunes. The months of the succeeding crop year, the insurance costs. Each handler holding rate of payment shall be established by rate per ton shall be 10 percent of the reserve prunes for the account of the the Committee and must be approved by yearly rate established for the crop year Committee shall maintain proper the Secretary. Following such approval, of acquisition; insurance thereon, including fire and (B) For all or any part of the second it shall be publicized as required in extended coverage, in valuations 3 months of the succeeding crop year, paragraph (e) of this section. (according to grade and/or size) the rate per ton shall be 50 percent of (1) On or before July 20 of each crop established by, or acceptable to, the the rate established for the first 3 year when the Committee recommends Committee for the particular crop year. months of the succeeding crop year; a reserve pool (except the Committee The Committee shall reimburse the (C) For all or any part of the third 3 may extend this date by not more than handler for the actual costs of such months of the succeeding crop year, the ten business days if warranted by a late insurance. Prior to the receipt of reserve rate per ton shall be 25 percent of the crop), the Committee shall hold a prunes at the beginning of each crop rate established for the first 3 months of meeting to review the costs for year, the handler shall certify to the the succeeding crop year; necessary services rendered by handlers Committee and the Secretary of (D) For all or any part of the fourth 3 in connection with reserve prunes. Agriculture, on Form PMC 4.5, that such months of the succeeding crop year, the (2) Such amount shall, together with handler has a fire and extended rate per ton shall be 25 percent of the the additional payments, as provided in coverage policy fully insuring all rate established for the first 3 months of this section, be in full payment for the reserve prunes received by the handler the succeeding crop year; costs incurred in connection with but during such crop year. Such (ii) For all or part of the succeeding not be limited to the following services: certification shall contain the following crop year, the Committee shall Inspection, receiving, storing, grading, information: determine the per ton rate for bin rental fumigation, and handling. The costs (1) The name and address of the within the industry and announce bin include, but are not limited to: handler; rental rate to the industry pursuant to (i) Acquisition costs, which include (2) The location(s) where reserve paragraph (e) of this section. those for salaries, commission, or prunes will be held for the account of (iii) For insurance as prescribed in brokerage fees, transportation and the Committee and the premium rate paragraph (b) of this section. handling between plants and receiving per $100 value per annum at each (d) Certain additional payments in stations, inspection, and other costs, location; connection with the delivery of reserve including container expenses, (3) The value per ton at which the prunes to the Committee or its designee. incidental to acquisition or storage; reserve prunes are insured; and (1) Whenever a handler is directed by (ii) Direct labor costs, which include (4) The name and address of the the Committee to deliver to it or its those for weighing, receiving and insurance underwriter. designee reserve prunes in natural stacking, grading, preliminary sorting (c) Certain additional payments in condition, the Committee shall furnish and storing (including that performed connection with the holding of reserve the handler with the containers in by the handler at the receiving station), prunes for the account of the which to deliver the prunes, or and loading for shipment or other Committee. reimburse the handler, at cost, for any delivery to the Committee or its (1) Whenever a handler is directed by containers which the handler furnishes designee; the Committee to move and dump pursuant to an agreement with the (iii) Plant overhead costs, which containers or reserve prunes held by the Committee. include those for supervision, indirect handler for the account of the (2) Whenever the Committee arranges labor, fuel, power and water, taxes and Committee for the purpose of causing an with a handler for the reserve prunes insurance on facilities, depreciation and inspection to be made of the prunes as delivered to it or its designee to be in rent, repairs and maintenance (clean-up, provided in § 993.75, but without taking processed and packaged condition, the etc.), factory supplies and expense, and delivery of the prunes at that time, the Committee shall reimburse the handler

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at the agreed rate, determined by the DATES: Effective May 15, 2003. The regulation now includes material Committee to be reasonable, for the The incorporation by reference of that relates to altered products, special processing, container, and packaging Boeing Alert Service Bulletin DC10– flight permits, and alternative methods costs. 28A228, including Appendix, Revision of compliance. However, for clarity and (e) The Committee shall give 02, dated December 7, 2001, as listed in consistency in this final rule, we have reasonable publicity to producer and the regulations, was approved retained the language of the NPRM handler members and alternates who previously by the Director of the Federal regarding that material. serve on the Committee, commercial Register as of August 12, 2002 (67 FR Interim Action dehydrators, handlers, and the 45053, July 8, 2002). cooperative bargaining association(s) of ADDRESSES: The service information This is considered to be interim each meeting to consider handler referenced in this AD may be obtained action. The manufacturer has advised payment rates or any modification from Boeing Commercial Aircraft that it currently is developing a thereof, and each such meeting shall be Group, Long Beach Division, 3855 modification that will address the open to them. Similar publicity shall be Lakewood Boulevard, Long Beach, unsafe condition addressed by this AD. given to producer and handler members California 90846, Attention: Data and Once this modification is developed, and alternates who serve on the Service Management, Dept. C1–L5A approved, and available, we may Committee, commercial dehydrators, (D800–0024). This information may be consider additional rulemaking. handlers, and the cooperative examined at the Federal Aviation Cost Impact bargaining association(s) of each Administration (FAA), Transport payment rate modification submitted to This AD applies to one McDonnell Airplane Directorate, Rules Docket, Douglas Model DC–10–30 airplane and USDA for review and approval. The 1601 Lind Avenue, SW., Renton, Committee shall notify producer and that airplane is of U.S. registry. It will Washington; at the FAA, Los Angeles take approximately 65 work hours to handler members and alternates who Aircraft Certification Office, 3960 serve on the Committee, commercial accomplish the required tests and Paramount Boulevard, Lakewood, inspections on that airplane, at an dehydrators, handlers, and cooperative California; or at the Office of the Federal bargaining association(s) of USDA’s average labor rate of $60 per work hour. Register, 800 North Capitol Street, NW., Based on these figures, the cost impact action on payment rates and conditions suite 700, Washington, DC. for payment by first class mail and/or by of the AD on the single U.S. operator is FOR FURTHER INFORMATION CONTACT: electronic communications. estimated to be $3,900, per test or Philip C. Kush, Aerospace Engineer, inspection cycle. Dated: April 3, 2003. Propulsion Branch, ANM–140L, FAA, The cost impact figure discussed A.J. Yates, Los Angeles Aircraft Certification above is based on assumptions that the Administrator, Agricultural Marketing Office, 3960 Paramount Boulevard, operator has not yet accomplished the Service. Lakewood, California 90712; telephone requirements of this AD action, and that [FR Doc. 03–8800 Filed 4–9–03; 8:45 am] (562) 627–5263; fax (562) 627–5210. the operator would not accomplish BILLING CODE 3410–02–P SUPPLEMENTARY INFORMATION: A those actions in the future if this AD proposal to amend part 39 of the Federal were not adopted. The cost impact Aviation Regulations (14 CFR part 39) to figures discussed in AD rulemaking DEPARTMENT OF TRANSPORTATION include an airworthiness directive (AD) actions represent only the time that is applicable to a single McDonnell necessary to perform the specific actions Federal Aviation Administration Douglas Model DC–10–30 airplane was actually required by the AD. These published in the Federal Register on figures typically do not include 14 CFR Part 39 January 3, 2003 (68 FR 320). That action incidental costs, such as the time [Docket No. 2002–NM–134–AD; Amendment proposed to require repetitive tests for required to gain access and close up, 39–13110; AD 2003–07–14] electrical continuity and resistance and planning time, or time necessitated by repetitive inspections to detect other administrative actions. RIN 2120–AA64 discrepancies of the fuel boost/transfer Regulatory Impact Airworthiness Directives; McDonnell pump connectors; and corrective actions, if necessary. The regulations adopted herein will Douglas DC–10–30 Airplane not have a substantial direct effect on AGENCY: Federal Aviation Comments the States, on the relationship between Administration, DOT. Interested persons have been afforded the national Government and the States, ACTION: Final rule. an opportunity to participate in the or on the distribution of power and making of this amendment. No responsibilities among the various SUMMARY: This amendment adopts a comments were submitted in response levels of government. Therefore, it is new airworthiness directive (AD), to the proposal or the FAA’s determined that this final rule does not applicable to a single McDonnell determination of the cost to the public. have federalism implications under Douglas Model DC–10–30 airplane, that Executive Order 13132. requires repetitive tests for electrical Conclusion For the reasons discussed above, I continuity and resistance and repetitive The FAA has determined that air certify that this action (1) is not a inspections to detect discrepancies of safety and the public interest require the ‘‘significant regulatory action’’ under the fuel boost/transfer pump connectors; adoption of the rule as proposed. Executive Order 12866; (2) is not a and corrective actions, if necessary. This ‘‘significant rule’’ under DOT action is necessary to prevent arcing of Changes to 14 CFR Part 39/Effect on the Regulatory Policies and Procedures (44 connectors in the fuel boost/transfer Proposed AD FR 11034, February 26, 1979); and (3) pump circuit, which could result in a On July 10, 2002, the FAA issued a will not have a significant economic fire or explosion of the fuel tank. This new version of 14 CFR part 39 (67 FR impact, positive or negative, on a action is intended to address the 47997, July 22, 2002), which governs the substantial number of small entities identified unsafe condition. FAA’s airworthiness directives system. under the criteria of the Regulatory

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Flexibility Act. A final evaluation has Compliance: Required as indicated, unless Note 5: Information concerning the been prepared for this action and it is accomplished previously. existence of approved alternative methods of contained in the Rules Docket. A copy To prevent arcing of connectors of the fuel compliance with this AD, if any, may be boost/transfer pump, which could result in a obtained from the Los Angeles ACO. of it may be obtained from the Rules fire or explosion of the fuel tank, accomplish Docket at the location provided under the following: Special Flight Permits the caption ADDRESSES. Repetitive Tests and Inspections (d) Special flight permits may be issued in List of Subjects in 14 CFR Part 39 accordance with §§ 21.197 and 21.199 of the (a) Within 6 months after the effective date Federal Aviation Regulations (14 CFR 21.197 Air transportation, Aircraft, Aviation of this AD, do tests (using a digital multi- and 21.199) to operate the airplane to a safety, Incorporation by reference, meter and Quadtech 1864 megohm meter or location where the requirements of this AD Safety. an equivalent megohm meter that meets can be accomplished. current and voltage requirements, as Adoption of the Amendment specified in the service bulletin) for electrical Incorporation by Reference continuity and resistance and a general ■ (e) The actions shall be done in accordance Accordingly, pursuant to the authority visual inspection to detect discrepancies with Boeing Alert Service Bulletin DC10– delegated to me by the Administrator, (e.g., damage, arcing, loose parts, wear) of the 28A228, including Appendix, Revision 02, fuel boost/transfer pump (alternating current the Federal Aviation Administration dated December 7, 2001. The incorporation pumping unit) by accomplishing all the amends part 39 of the Federal Aviation by reference of that document was approved actions specified in the Accomplishment previously by the Director of the Federal Regulations (14 CFR part 39) as follows: Instructions of Boeing Alert Service Bulletin Register as of August 12, 2002 (67 FR 45053, DC10–28A228, including Appendix, PART 39—AIRWORTHINESS Revision 02, dated December 7, 2001. Repeat July 8, 2002). Copies may be obtained from DIRECTIVES the tests and inspection thereafter every 18 Boeing Commercial Aircraft Group, Long Beach Division, 3855 Lakewood Boulevard, ■ months. Although the service bulletin refers 1. The authority citation for part 39 to a reporting requirement using the Long Beach, California 90846, Attention: continues to read as follows: Appendix of the service bulletin, such Data and Service Management, Dept. C1–L5A (D800–0024). Copies may be inspected at the Authority: 49 U.S.C. 106(g), 40113, 44701. reporting is not required. FAA, Transport Airplane Directorate, 1601 Note 4: For the purposes of this AD, a Lind Avenue, SW., Renton, Washington; at § 39.13 [Amended] general visual inspection is defined as: ‘‘A the FAA, Los Angeles Aircraft Certification visual examination of an interior or exterior ■ 2. Section 39.13 is amended by adding Office, 3960 Paramount Boulevard, the following new airworthiness direc- area, installation, or assembly to detect obvious damage, failure, or irregularity. This Lakewood, California; or at the Office of the tive: level of inspection is made from within Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. 2003–07–14 McDonnell Douglas: touching distance unless otherwise specified. Amendment 39–13110. Docket 2002– A mirror may be necessary to enhance visual Effective Date NM–134–AD. access to all exposed surfaces in the inspection area. This level of inspection is (f) This amendment becomes effective on Applicability: Model DC–10–30 airplane, May 15, 2003. fuselage number 0106, certificated in any made under normally available lighting category. conditions such as daylight, hangar lighting, Issued in Renton, Washington, on April 4, flashlight, or droplight and may require 2003. Note 1: The requirements of this AD are removal or opening of access panels or doors. Ali Bahrami, identical to those in AD 2002–13–10, Stands, ladders, or platforms may be required amendment 39–12798, which applies to to gain proximity to the area being checked.’’ Acting Manager, Transport Airplane Model DC–10–10, –10F, –15, –30, –30F, –30F Directorate, Aircraft Certification Service. (KC10A and KDC–10), –40, and –40F Corrective Actions, If Necessary [FR Doc. 03–8740 Filed 4–9–03; 8:45 am] airplanes, and Model MD–10–10F and –30F (b) If the result of any test required by BILLING CODE 4910–13–P airplanes; as listed in Boeing Alert Service paragraph (a) of this AD is outside the limits Bulletin DC10–28A228, including Appendix, specified in the service bulletin identified in Revision 01, dated July 16, 2001; and Model that paragraph, or if any discrepancy is DEPARTMENT OF TRANSPORTATION MD–11 and –11F airplanes, as listed in detected during any inspection required by Boeing Alert Service Bulletin MD11–28A112, paragraph (a) of this AD, before further flight, Federal Aviation Administration including Appendix, dated December 11, accomplish corrective actions (e.g., 2000. replacement of connector/wire assembly with 14 CFR Parts 91, 121, 135, and 145 Note 2: Airplane fuel tanks on which the serviceable connector/wire assembly, and fuel/boost pump and wiring connector have replacement of the pump with a serviceable [Docket No. FAA–1999–5836] been physically removed and the fuel tank fuel boost/transfer pump), as applicable, in made inoperable are not subject to the accordance with the Accomplishment RIN 2120–AC38 requirements of this AD. Instructions of Boeing Alert Service Bulletin DC10–28A228, including Appendix, Repair Stations; Correction Note 3: This AD applies to the airplane Revision 02, dated December 7, 2001. identified in the preceding applicability Although the service bulletin refers to a AGENCY: Federal Aviation provision, regardless of whether it has been reporting requirement using the Appendix of Administration (FAA), DOT. otherwise modified, altered, or repaired in the service bulletin, such reporting is not the area subject to the requirements of this required. ACTION: Final rule; delay of effective AD. If the airplane has been modified, date; correction. altered, or repaired so that the performance Alternative Methods of Compliance of the requirements of this AD is affected, the (c) An alternative method of compliance or SUMMARY: This document makes a owner/operator must request approval for an adjustment of the compliance time that correction to the DATES section of a final alternative method of compliance in provides an acceptable level of safety may be rule published in the Federal Register accordance with paragraph (c) of this AD. used if approved by the Manager, Los on March 14, 2003 (68 FR 12542). That The request should include an assessment of Angeles Aircraft Certification Office (ACO), final rule delayed the effective date of the effect of the modification, alteration, or FAA. Operators shall submit their requests a final rule amending the regulations for repair on the unsafe condition addressed by through an appropriate FAA Principal this AD; and, if the unsafe condition has not Maintenance Inspector, who may add aeronautical repair stations. been eliminated, the request should include comments and then send it to the Manager, FOR FURTHER INFORMATION CONTACT: specific proposed actions to address it. Los Angeles ACO. Diana Frohn, telephone (202) 267–7027.

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Correction upon publication in the Federal regulation of surface coal mining and In FR Doc. 03–6181 published on Register. reclamation operations on non-Federal and non-Indian lands within its borders March 14, 2003, on page 12542, in the List of Subjects in 18 CFR Part 1305 first column, correct the DATES by demonstrating that its State program Traffic regulations. paragraph to read as follows: includes, among other things, ‘‘a State ■ law which provides for the regulation of DATES: For reasons set out in the preamble, The effective date of the final surface coal mining and reclamation rule amending 14 CFR parts 91, 121, 135 under the authority of 16 U.S.C. 831– 831ee, Chapter XIII of Title 18 of the operations in accordance with the and 145 published on August 6, 2001, requirements of this Act * * *; and at 66 FR 41088 is delayed until October Code of Federal Regulations is amended as follows: rules and regulations consistent with 3, 2003, with the following exception: regulations issued by the Secretary § 145.163 remains effective April 6, PART 1305—[REMOVED AND pursuant to this Act.’’ See 30 U.S.C. 2005. RESERVED] 1253(a)(1) and (7). On the basis of these Donald P. Byrne, criteria, the Secretary of the Interior ■ Part 1305 is removed and reserved. Assistant Chief Counsel for Regulations. conditionally approved the Alabama Dated: March 28, 2003. [FR Doc. 03–8691 Filed 4–9–03; 8:45 am] program on May 20, 1982. You can find Kathryn J. Jackson, BILLING CODE 4910–13–M background information on the Alabama Executive Vice President, River System program, including the Secretary’s Operations & Environment, Tennessee Valley findings, the disposition of comments, Authority. TENNESSEE VALLEY AUTHORITY and the conditions of approval, in the [FR Doc. 03–8801 Filed 4–9–03; 8:45 am] May 20, 1982, Federal Register (47 FR 18 CFR Part 1305 BILLING CODE 8120–08–M 22030). You can find later actions on the Alabama program at 30 CFR 901.10, Land Between The Lakes—Removal of 901.15, and 901.16. Regulations on Motorized Vehicles DEPARTMENT OF THE INTERIOR II. Submission of the Amendment AGENCY: Tennessee Valley Authority. Office of Surface Mining Reclamation By letter dated October 17, 2002 ACTION: Final rule; removal. and Enforcement (Administrative Record No. AL–0654), Alabama sent us an amendment to its SUMMARY: The Tennessee Valley 30 CFR Part 901 program under SMCRA (30 U.S.C. 1201 Authority (TVA) hereby removes [AL–072–FOR] et seq.). Alabama sent the amendment at obsolete rules regulating the use of its own initiative. Alabama proposed to motorized vehicles over the Land Alabama Regulatory Program revise the following provisions of the Between The Lakes. Under the Land Alabama Surface Mining Commission Between The Lakes Protection Act of AGENCY: Office of Surface Mining (ASMC) rules: 880–X–1B, forms and 1998, administrative jurisdiction Reclamation and Enforcement, Interior. 880–X–6A–.06, license application transferred from TVA to the United ACTION: Final rule; approval of requirements. States Department of Agriculture— amendment. Forest Service (USDA–FS) on October 1, We announced receipt of the proposed amendment in the January 16, 1999. The USDA–FS currently is in SUMMARY: We, the Office of Surface 2003, Federal Register (68 FR 2263). In charge of operation, maintenance, and Mining Reclamation and Enforcement the same document, we opened the development of this area. Accordingly, (OSM), are approving an amendment to public comment period and provided an this rule would rescind the regulations the Alabama regulatory program opportunity for a public hearing or effective upon publication in the (Alabama program) under the Surface meeting on the adequacy of the Federal Register. Mining Control and Reclamation Act of amendment. The public comment 1977 (SMCRA or the Act). Alabama EFFECTIVE DATE: April 10, 2003. period closed on February 18, 2003. proposed revisions to its rules FOR FURTHER INFORMATION CONTACT: Because no one requested a public concerning forms and license Rebecca Chunn Tolene, Office of the hearing or meeting, we did not hold applications. Alabama revised its General Counsel, Tennessee Valley one. We did not receive any comments. Authority, 865–632–3045. program to improve operational efficiency. III. OSM’s Findings SUPPLEMENTARY INFORMATION: Land Between The Lakes (‘‘LBL’’) is a EFFECTIVE DATE: April 10, 2003. Following are the findings we made national recreation area located in FOR FURTHER INFORMATION CONTACT: concerning the amendment under western Kentucky and Tennessee Arthur W. Abbs, Director, Birmingham SMCRA and the Federal regulations at established by the Tennessee Valley Field Office. Telephone: (205) 290– 30 CFR 732.15 and 732.17. We are Authority (TVA) in 1964 and 7282. Internet address: approving the amendment as described maintained by TVA until 1999. 18 CFR [email protected]. below. part 1305 contains rules regulating the SUPPLEMENTARY INFORMATION: A. ASMC 880–X–1B Forms. use of motorized vehicles over LBL including designating the Turkey Bay I. Background on the Alabama Program ASMC 880–X–1B lists the forms used Off-Road Vehicle Area as the only area II. Submission of the Amendment in the operations and organization of the III. OSM’s Findings to be authorized for use of off-road IV. Summary and Disposition of Comments Alabama Surface Mining Commission. vehicles. Under the Land Between The V. OSM’s Decision Alabama proposed to revise its list of Lakes Protection Act of 1998 (16 U.S.C. VI. Procedural Determinations forms by deleting some of the existing 460111–61), administrative jurisdiction forms that are no longer used, revising transferred on October 1, 1999, from I. Background on the Alabama Program the titles of other existing forms to TVA to the USDA–FS. Accordingly, this Section 503(a) of the Act permits a clarify their use, and adding some new rule rescinds 18 CFR part 1305 effective State to assume primacy for the forms.

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1. Alabama deleted the following Alabama Surface Mining Commission is water quality standards issued under forms: not inconsistent with the requirements the authority of the Clean Water Act (33 Form ASMC–3 Request for Inspection of the Federal regulations or SMCRA. U.S.C. 1251 et seq.) or the Clean Air Act & Bond Release. Therefore, we are approving the (42 U.S.C. 7401 et seq.). None of the Form ASMC–17 Permit Application revisions to ASMC 880–X–1B. revisions that Alabama proposed to for Underground Mining. B. ASMC 880–X–6A–.06 License make in this amendment pertain to air Form ASMC–98 Application for Coal Application Requirements or water quality standards. Therefore, Exploration Permit to Remove More we did not ask EPA to concur on the Alabama’s rule at ASMC 880–X–6A– Than 250 Tons of Coal or Disturb amendment. More Than One-Half Acre. .06(g)2 requires an applicant to submit Form ASMC–137 Permit Application information that demonstrates sufficient On October 25, 2002, under 30 CFR for Coal Processing Plants. financial responsibility to reasonably 732.17(h)(11)(i), we requested Alabama uses other existing forms in assure the Alabama Surface Mining comments on the amendment from EPA place of the deleted forms. Commission of the applicant’s financial (Administrative Record No. AL–0655). 2. Alabama changed the existing ability to meet the requirements of the EPA did not respond to our request. Alabama program. Alabama is descriptions of Forms ASMC–6, ASMC– State Historical Preservation Officer 16, ASMC–176, and ASMC–232 to the proposing to revise one of the information provisions at ASMC 880– (SHPO) and the Advisory Council on descriptions shown below: Historic Preservation (ACHP) Form ASMC–6 Application for Coal X–6A–.06(g)2(ii)(I). This revised Mining License/Application for provision will allow public accountants Under 30 CFR 732.17(h)(4), we are Annual Update of Coal Mining to certify and sign current statements of required to request comments from the License/Notification of Change in the net worth of applicants applying for SHPO and ACHP on amendments that Ownership or Control. licenses to conduct surface coal mining may have an effect on historic operations. Currently, Alabama only Form ASMC–16 Permit Application properties. On October 25, 2002, we allows certified public accountants to for a Surface Coal Mine/Permit requested comments on Alabama’s Application for an Underground Coal certify and sign these statements. The revised provision reads as follows: amendment (Administrative Record No. Mine/Permit Application for a AL–0655), but neither responded to our Preparation Facility. A current statement in letter form, certified request. Form ASMC–176 Renewal Application by a certified public accountant or public for a Surface Coal Mine/Renewal accountant licensed to do business in the V. OSM’s Decision Application for an Underground Coal State of Alabama that the applicant has a net Mine/Renewal Application for a worth of not less than $100,000. The Based on the above findings, we statement must not be ambiguous, qualified, Preparation Facility. approve the amendment Alabama sent or otherwise vague. It must state the Alabama us on October 17, 2002. Form ASMC–232 Transfer Application certificate or registration number of, and be for a Surface Coal Mine/Transfer signed by the certified public accountant or To implement this decision, we are Application for an Underground Coal public accountant. amending the Federal regulations at 30 Mine/Transfer Application for a There is no direct Federal regulation CFR Part 901, which codify decisions Preparation Facility. counterpart to Alabama’s rule at ASMC concerning the Alabama program. We Alabama revised the descriptions of 880–X–6A–.06(g)2(ii)(I). However, we find that good cause exists under 5 the above forms to clarify their current find that the revised provision is not U.S.C. 553(d)(3) to make this final rule use. inconsistent with the Federal regulation effective immediately. Section 503(a) of 3. Alabama added the following new at 30 CFR 778.11, which requires a SMCRA requires that the State’s forms to its list: permit applicant to submit various program demonstrate that the State has Form ASMC 254 Notice of the Filing kinds of applicant, operator, and the capability of carrying out the of a Renewal Application for Surface ownership and control information. provisions of the Act and meeting its Coal Mining Permit (To Agencies). Therefore, we are approving the revision purposes. Making this rule effective Form ASMC 255 Notice of the Filing to ASMC 880–X–6A–.06(g)2(ii)(I). immediately will expedite that process. of a Revision Application for Surface SMCRA requires consistency of State Coal Mining Permit (To Agencies). Public Comments and Federal standards. Form ASMC 256 Notice of the Filing We asked for public comments on the of a Revision Application for Surface amendment, but did not receive any. VI. Procedural Determinations Coal Mining Operations (Landowner Notice). Federal Agency Comments Executive Order 12630—Takings Form ASMC 257 Notice of the Filing On October 25, 2002, under 30 CFR The revisions made at the initiative of of a Renewal Application for Surface 732.17(h)(11)(i) and section 503(b) of the State have been reviewed and a Coal Mining Operations (Landowner SMCRA, we requested comments on the Notice). determination made that they do not amendment from various Federal have takings implications. This Form ASMC 258 Statement as to agencies with an actual or potential determination is based on the fact that Negotiability of Certificate of Deposit interest in the Alabama program the deletions, revisions, and additions and Assignment (Subsidence (Administrative Record No. AL–0655). by the Alabama Surface Mining Impacts). We did not receive any comments. Form ASMC 259 Surety Bond Commission to the forms listed in (Subsidence). Environmental Protection Agency (EPA) ASMC 880–X–1B are administrative and There is no direct Federal regulation Concurrence and Comments procedural in nature and are not counterpart to Alabama’s rule at ASMC Under 30 CFR 732.17(h)(11)(ii), we expected to have a substantive effect on 880–X–1B. However, we find that the are required to get a written concurrence the regulated industry. The same is true revised list of forms used in the from EPA for those provisions of the for the revisions to ASMC 880–X–6A– operations and organization of the program amendment that relate to air or .06.

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Executive Order 12866—Regulatory power and responsibilities between the Regulatory Enforcement Fairness Act. Planning and Review Federal Government and Indian tribes. This rule: (a) Does not have an annual This rule is exempted from review by This determination is based on the fact effect on the economy of $100 million; the Office of Management and Budget that the Alabama program does not (b) Will not cause a major increase in under Executive Order 12866. regulate coal exploration and surface costs or prices for consumers, coal mining and reclamation operations individual industries, Federal, State, or Executive Order 12988—Civil Justice on Indian lands. Therefore, the Alabama local governmental agencies or Reform program has no effect on Federally geographic regions; and (c) Does not The Department of the Interior has recognized Indian tribes. have significant adverse effects on conducted the reviews required by Executive Order 13211—Regulations competition, employment, investment, section 3 of Executive Order 12988 and That Significantly Affect the Supply, productivity, innovation, or the ability has determined that this rule meets the Distribution, or Use of Energy of U.S.-based enterprises to compete applicable standards of subsections (a) with foreign-based enterprises. This and (b) of that section. However, these On May 18, 2001, the President issued determination is based on the fact that standards are not applicable to the Executive Order 13211 which requires the deletions, revisions, and additions actual language of State regulatory agencies to prepare a Statement of by the Alabama Surface Mining programs and program amendments Energy Effects for a rule that is (1) Commission to the forms listed in because each program is drafted and considered significant under Executive ASMC 880–X–1B are administrative and promulgated by a specific State, not by Order 12866, and (2) likely to have a procedural in nature and are not OSM. Under sections 503 and 505 of significant adverse effect on the supply, expected to have a substantive effect on SMCRA (30 U.S.C. 1253 and 1255) and distribution, or use of energy. Because the regulated industry. The same is true the Federal regulations at 30 CFR this rule is exempt from review under for the revisions to ASMC 880–X–6A– 730.11, 732.15, and 732.17(h)(10), Executive Order 12866 and is not .06. decisions on proposed State regulatory expected to have a significant adverse programs and program amendments effect on the supply, distribution, or use Unfunded Mandates submitted by the States must be based of energy, a Statement of Energy Effects is not required. This rule will not impose an solely on a determination of whether the unfunded mandate on State, local, or submittal is consistent with SMCRA and National Environmental Policy Act tribal governments or the private sector its implementing Federal regulations This rule does not require an of $100 million or more in any given and whether the other requirements of environmental impact statement year. This determination is based on the 30 CFR Parts 730, 731, and 732 have because section 702(d) of SMCRA (30 fact that the deletions, revisions, and been met. U.S.C. 1292(d)) provides that agency additions by the Alabama Surface Executive Order 13132—Federalism decisions on proposed State regulatory Mining Commission to the forms listed in ASMC 880–X–1B are administrative This rule does not have Federalism program provisions do not constitute and procedural in nature and are not implications. SMCRA delineates the major Federal actions within the expected to have a substantive effect on roles of the Federal and State meaning of section 102(2)(C) of the the regulated industry. The same is true governments with regard to the National Environmental Policy Act (42 U.S.C. 4332(2)(C). for the revisions to ASMC 880–X–6A– regulation of surface coal mining and .06. reclamation operations. One of the Paperwork Reduction Act purposes of SMCRA is to ‘‘establish a This rule does not contain List of Subjects in 30 CFR Part 901 nationwide program to protect society information collection requirements that and the environment from the adverse Intergovernmental relations, Surface require approval by OMB under the mining, Underground mining. effects of surface coal mining Paperwork Reduction Act (44 U.S.C. operations.’’ Section 503(a)(1) of 3507 et seq.). Dated: February 26, 2003. SMCRA requires that State laws Charles E. Sandberg, Regulatory Flexibility Act regulating surface coal mining and Acting Regional Director, Mid-Continent reclamation operations be ‘‘in The Department of the Interior Regional Coordinating Center. accordance with’’ the requirements of certifies that this rule will not have a SMCRA. Section 503(a)(7) requires that significant economic impact on a ■ For the reasons set out in the preamble, State programs contain rules and substantial number of small entities 30 CFR part 901 is amended as set forth regulations ‘‘consistent with’’ under the Regulatory Flexibility Act (5 below: regulations issued by the Secretary U.S.C. 601 et seq.). This determination pursuant to SMCRA. is based on the fact that the deletions, PART 901—ALABAMA revisions, and additions by the Alabama Executive Order 13175—Consultation ■ 1. The authority citation for part 901 and Coordination With Indian Tribal Surface Mining Commission to the forms listed in ASMC 880–X–1B are continues to read as follows: Governments administrative and procedural in nature Authority: 30 U.S.C. 1201 et seq. In accordance with Executive Order and are not expected to have a 13175, we have evaluated the potential substantive effect on the regulated ■ 2. Section 901.15 is amended in the effects of this rule on Federally industry. The same is true for the table by adding a new entry in chrono- recognized Indian tribes and have revisions to ASMC 880–X–6A–.06. logical order by ‘‘Date of final publica- determined that the rule does not have tion’’ to read as follows: substantial direct effects on one or more Small Business Regulatory Enforcement Indian tribes, on the relationship Fairness Act § 901.15 Approval of Alabama regulatory between the Federal Government and This rule is not a major rule under 5 program amendments. Indian tribes, or on the distribution of U.S.C. 804(2), the Small Business * * * * *

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Original amendment submission date Date of final publication Citation/description

******* October 17, 2002 ...... April 10, 2003 ...... ASMC 880–X–1B; 880–X–6A–.06(g)2(ii)(I).

[FR Doc. 03–8806 Filed 4–9–03; 8:45 am] criminal activity to law enforcement Office of Inspector General Experience BILLING CODE 4310–05–P organizations. The final rule corrects in Criminal Investigations this flaw by adding new sections to 38 A second reason for the final rule is CFR part 1. to make certain that, once reported, the DEPARTMENT OF VETERANS Employee’s Duty To Report Possible appropriate law enforcement AFFAIRS Crimes organization quickly and properly investigates serious criminal matters 38 CFR Parts 1, 14 and 17 The final rule is a reasonable and logical extension of an existing relating to the programs and operations RIN 2900–AL31 regulatory duty to report wrongdoing of VA. Independent and objective already placed on VA (and Federal) investigations of criminal matters Referrals of Information Regarding employees. 5 CFR 2635.101(b)(1) relating to the programs and operations Criminal Violations requires that ‘‘[e]mployees shall disclose of VA are a major part of the OIG’s AGENCY: Department of Veterans Affairs. waste, fraud, abuse and corruption to statutory responsibilities. In coordination with the VA police, ACTION: Final rule. appropriate authorities.’’ Obviously, this requirement already requires Federal the OIG intends to ensure that the SUMMARY: This final rule amends VA’s employees to report some criminal appropriate entity investigates conduct regulations to provide that VA behavior to appropriate authorities. allegations of criminal conduct. Because employees are required to report Given that there is a legal duty to report the criminal law enforcement authority information about possible criminal certain possibly criminal behavior, there of VA police is restricted to VA activity to appropriate authorities. The should be an equal duty placed on property, their ability to conduct VA Police and the VA Office of employees to report even more serious criminal investigations is limited. The Inspector General, the department’s two matters that could involve physical OIG is the only VA entity with the law enforcement entities, will receive harm to other employees, VA patients, authority to conduct criminal such information, will investigate those veterans or other individuals. investigations off VA premises. The cases within their respective In addition, a duty to report criminal OIG’s experience and knowledge of VA, jurisdiction and will refer proper cases activities exists in VA’s Employee combined with its statutory authority, for prosecution. In addition, the final Handbook. The Handbook, which is makes the OIG uniquely qualified to rule will clarify and more accurately dated February 2002, states on page 30 conduct criminal investigations related state the investigative jurisdiction of the that, ‘‘You, as a VA employee, are to VA programs and operations since Office of Inspector General. The goal of responsible for reporting any evidence virtually all serious, complex cases will the final rule is to protect the VA, its or information that gives reasonable require some investigative work away employees and the veterans it serves, by cause to suspect that a serious from VA premises. having information about criminal irregularity or other criminal violation The VA OIG is also well qualified to activity reported and properly may have occurred in any activity of serve as the point of referral and contact investigated as quickly and thoroughly VA.’’ The VA Employee Handbook goes with the United States Attorneys’ as possible to prevent additional harm on to cite section 7(a) of the Inspector Offices on serious criminal matters and to bring criminal perpetrators to General Act, which authorizes the OIG affecting VA. Finally, there is a clear justice. to ‘‘receive and investigate complaints legal basis for the OIG’s jurisdiction and or other information from any employee statutory authority to conduct such DATES: Effective Date: April 10, 2003. concerning * * * a violation of law criminal investigations. FOR FURTHER INFORMATION CONTACT: ***.’’ It is worth noting that the Current Regulatory Scheme Michael R. Bennett, Attorney Advisor, section on ‘‘How To Contact the Office Office of Inspector General (51A1), of Inspector General’’ is on the same At present, the only VA regulations Department of Veterans Affairs, 810 page as the duty to report serious that relate to the referral of criminal Vermont Avenue, NW., Washington, DC irregularities and criminal acts. allegations are found in 38 CFR 14.560 20420, at (202) 565–8678. (The At least six other Federal agencies et seq. This section of VA’s regulations telephone number is not a toll-free (Department of the Interior, Department is a part of the chapter on ‘‘Legal number.) of Health and Human Services, Small Services’’ and is found under the SUPPLEMENTARY INFORMATION: Business Administration, Department of section heading ‘‘Prosecution.’’ Section Energy, Department of Health and 14.560(a) imposes upon the Regional Background Human Services/Office of Scientific Counsels the duty to refer allegations of Some significant, serious criminal Investigations, and Federal Aviation crimes against the person or property to matters related to VA programs and Administration) have enacted the U.S. Attorney’s Office, the FBI or operations have not been reported to the regulations which require their local law enforcement agencies. Section VA Office of Inspector General (OIG), or employees to report information about 14.560(b) provides that ‘‘[a]llegations of to any law enforcement organization, in possible criminal activity. The fraud, corruption or other criminal a timely manner to permit a thorough, regulations of the first five agencies conduct involving programs and effective criminal investigation. In listed include references to their operations of VA will be referred to the reviewing these cases, it was discovered respective Offices of Inspector General Office of Inspector General.’’ The final that there is no regulation that requires as an appropriate recipient of such rule removes the obligation from the all VA employees to report possible information. Regional Counsels to make referrals to

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law enforcement agencies, both for mismanagement, gross waste of funds, 38 CFR Part 14 investigation and prosecution, and abuse of authority or a substantial and Administrative practice and instead utilizes the VA’s own law specific danger to the public health or procedure, Claims, Courts, Foreign enforcement entities, the VA police and safety.’’ A felony is a ‘‘violation of law’’ relations, Government employees, the OIG, to take the primary role in and can also constitute a ‘‘substantial Lawyers, Legal services, Organization investigation of criminal behavior and and specific danger to the public health and functions (government agencies), referral to prosecution authorities. 38 or safety.’’ Therefore, so long as there is Reporting and recordkeeping CFR 14.560(a), 14.560(b), and 14.563 some relation to the programs and requirements, Surety bonds, Trusts and should be deleted because they all operations of VA, these violations are trustees, Veterans. involve criminal matters and referrals to clearly within the IG’s investigative the U.S. Attorneys’ Office and are jurisdiction. Current VA regulations and 38 CFR Part 17 obsolete given the new final rule. In policies improperly limit and restrict Administrative practice and addition, 38 CFR 17.170(c) must be the IG’s statutory authority by stating, or procedure, Alcohol abuse, Alcoholism, amended by substituting ‘‘Office of implying, incorrectly, that OIG Claims, Day care, Dental health, Drug Inspector General’’ in the place of jurisdiction is limited to fraud, waste abuse, Foreign relations, Government ‘‘Regional Counsel’’ in both the first and and abuse. The final rule, in part, contracts, Grant programs—health, second sentence of § 17.170(c). Finally, corrects the improper limitations placed Grant programs—veterans, Health care, the final rule clarifies and more on the IG by the current regulations. accurately sets forth the OIG’s Health facilities, Health professions, jurisdiction for criminal investigations. Unfunded Mandates Health records, Homeless, Medical and The Unfunded Mandates Reform Act dental schools, Medical devices, OIG’s Jurisdiction for Criminal Medical research, Mental health Investigations requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated programs, Nursing homes, Philippines, The existing regulation cited above, costs and benefits before developing any Reporting and recordkeeping and various other VA policy directives, rule that may result in an expenditure requirements, Scholarships and indicate that the jurisdiction of the VA by State, local, or tribal governments, in fellowships, Travel and transportation OIG is limited to ‘‘fraud, waste and the aggregate, or by the private sector of expenses, Veterans. abuse’’ and does not include crimes $100 million or more in any given year. Approved: February 14, 2003. against the person or property. In fact, This final rule would have no Anthony J. Principi, the Inspector General Act of 1978 (IG consequential effect on State, local, or Secretary of Veterans Affairs. Act) confers extremely broad tribal governments. jurisdiction on the OIG with respect to ■ For the reasons set out in the preamble, investigations. 5 U.S.C. App. 3. The Paperwork Reduction Act 38 CFR parts 1, 14 and 17 are amended purpose section of the IG Act states that This document contains no provisions as set forth below. Offices of Inspector General are created constituting a collection of information PART 1—GENERAL PROVISIONS so that ‘‘independent and objective under the Paperwork Reduction Act (44 units within departments and agencies U.S.C. 3501–3521). ■ 1. The authority citation for part 1 con- [can conduct] investigations relating to tinues to read as follows: the programs and operations’ of the Administrative Procedure Act department. Id., § 2(1). Section 4 of the Authority: 38 U.S.C. 501(a), unless This document is published without otherwise noted. IG Act provides that one of the duties regard to the notice and comment and and responsibilities of the IG is to effective date provisions of 5 U.S.C. 553 ■ 2. An undesignated center heading and conduct ‘‘investigations relating to the since it relates to agency management §§ 1.200 through 1.205 are added to read programs and operations’’ of the and personnel. as follows: department in question. Thus, the IG Act authorizes the IG to conduct Regulatory Flexibility Act Referrals of Information Regarding virtually any investigation so long as it The Secretary of Veterans Affairs Criminal Violations relates to VA’s programs and operations. hereby certifies that this final rule will The IG Act also provides that, in order § 1.200 Purpose. not have a significant economic impact to assure independence and objectivity, on a substantial number of small entities This subpart establishes a duty upon the IG is personally vested with the as they are defined in the Regulatory and sets forth the mechanism for VA discretion to determine whether to Flexibility Act, 5 U.S.C. 601–612. This employees to report information about conduct a particular investigation. final rule would affect only individuals. actual or possible criminal violations to Section 6(a)(2) of the IG Act states that Accordingly, pursuant to 5 U.S.C. appropriate law enforcement entities. the Inspector General ‘‘is authorized to 605(b), this final rule is exempt from the (Authority: 5 U.S.C. App. 3, 38 U.S.C. 902) make such investigations and reports initial and final regulatory flexibility relating to the administration of the analysis requirements of §§ 603 and 604. § 1.201 Employee’s duty to report. programs and operations of the There is no Catalog of Federal applicable establishment as are, in the All VA employees with knowledge or Domestic Assistance number for this judgment of the Inspector General, information about actual or possible final rule. necessary or desirable.’’ violations of criminal law related to VA Perhaps the most significant section List of Subjects programs, operations, facilities, of the IG Act, with respect to the IG’s contracts, or information technology investigative authority, is section 7 of 38 CFR Part 1 systems shall immediately report such the Act. Section 7(a) provides that the Administrative practice and knowledge or information to their IG may investigate complaints from an procedure, Courts, Government supervisor, any management official, or employee ‘‘concerning the possible employees, Government property, directly to the Office of Inspector existence of an activity constituting a Penalties, Reporting and recordkeeping General. violation of law, rules, or regulations, or requirements, Security measures. (Authority: 5 U.S.C. App. 3, 38 U.S.C. 902)

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§ 1.203 Information to be reported to VA PART 17—MEDICAL A copy of the state’s request is Police. available for inspection at the above Information about actual or possible ■ 6. The authority citation for part 17 address. continues to read as follows: violations of criminal laws related to VA FOR FURTHER INFORMATION CONTACT: programs, operations, facilities, or Authority: 38 U.S.C. 501, 1721, unless Alexis Cain, Environmental Scientist, involving VA employees, where the otherwise noted. Regulation Development Section, Air violation of criminal law occurs on VA Programs Branch (AR–18J), USEPA, premises, will be reported by VA § 17.170 [Amended] Region 5, 77 West Jackson Boulevard, management officials to the VA police ■ 7. Section 17.170, paragraph (c), first Chicago, Illinois 60604, (312) 886–7018. component with responsibility for the sentence, remove ‘‘appropriate Regional SUPPLEMENTARY INFORMATION: VA station or facility in question. If Counsel’’ and add, in its place, ‘‘Office I. What Action Is EPA Taking Today? there is no VA police component with of Inspector General’’; and in the second jurisdiction over the offense, the II. What Is EPA’s Evaluation of This Program? sentence, remove ‘‘Regional Counsel’’ III. Administrative Requirements information will be reported to Federal, and add, in its place, ‘‘Office of Inspector state or local law enforcement officials, General’’. I. What Action Is EPA Taking Today? as appropriate. EPA is approving, as part of the [FR Doc. 03–8723 Filed 4–9–03; 8:45 am] (Authority: 38 U.S.C. 902) Wisconsin ozone SIP, rules that would BILLING CODE 8320–01–P allow sources to use emissions § 1.204 Information to be reported to the averaging and an emissions cap as a Office of Inspector General. option for complying with ozone season Criminal matters involving felonies ENVIRONMENTAL PROTECTION limits on emissions (NOX). These limits will also be immediately referred to the AGENCY apply to large electricity generating Office of Inspector General, Office of units in Southeast Wisconsin. EPA Investigations. VA management officials 40 CFR Part 52 approved the rules setting these NOX with information about possible [WI–113–7343A; FRL–7466–6] emissions limits into Wisconsin’s SIP criminal matters involving felonies will on November 13, 2001 (66 FR 56931). ensure and be responsible for prompt Approval and Promulgation of State The limits are expressed in mass of referrals to the OIG. Examples of Implementation Plans; Wisconsin allowable emissions per unit of heat felonies include but are not limited to, input (pounds per million Btu). theft of Government property over AGENCY: Environmental Protection Emissions averaging will allow units $1000, false claims, false statements, Agency (EPA). subject to the NOX emissions limits of drug offenses, crimes involving ACTION: Direct final rule. NR 428 of the Wisconsin Administrative information technology systems and Code to create emissions averaging serious crimes against the person, i.e., SUMMARY: The EPA is approving a plans in which the compliance of homicides, armed robbery, rape, revision to Wisconsin’s State multiple sources would be assessed aggravated assault and serious physical Implementation Plan (SIP) for the collectively. Participating sources abuse of a VA patient. attainment of the one-hour ozone would need to submit such plans to the (Authority: 5 U.S.C. App. 3) standard for the Milwaukee-Racine area. Wisconsin Department of Natural This SIP revision, submitted to EPA on Resources (WDNR) at least 90 days prior § 1.205 Notification to the Attorney December 16, 2002, provides new to the start of the ozone season, and General or United States Attorney’s Office. compliance options for sources subject would need to identify the participating VA police and/or the OIG, whichever to the state’s rules limiting emissions of units, their owners or operators, has primary responsibility within VA nitrogen oxides (NOX) from large applicable emissions limitations, for investigation of the offense in electricity generating units in southeast projected heat input and emissions rate, question, will be responsible for Wisconsin. Under the revised SIP, and projected mass emissions for the notifying the appropriate United States sources would have the option of ozone season. The plan would establish Attorney’s Office, pursuant to 28 U.S.C. complying with emissions limits on a an aggregate ozone season emissions 535. per unit basis or complying as part of an rate limit for participating units through (Authority: 5 U.S.C. App. 3, 38 U.S.C. 902) emissions averaging plan that also a formula that sums allowable emissions includes an emissions cap. In addition, for each unit (based on projected heat PART 14—LEGAL SERVICES, the revision creates a new categorical input and each source’s individual GENERAL COUNSEL, AND emissions limit for new integrated emissions rate), and divides it by the MISCELLANEOUS CLAIMS gasification combined cycled units. total projected heat input. To provide an DATES: environmental benefit from averaging, ■ This direct final rule is effective 3. The authority citation for part 14 on June 9, 2003 without further notice the formula subtracts 0.01 pounds/ continues to read as follows: unless EPA receives adverse written mmbtu from each unit’s allowable Authority: 5 U.S.C. 301; 28 U.S.C. 2671– comments by May 12, 2003. If we emissions. 2680; 38 U.S.C. 501(a), 512, 515, 5502, 5902– receive adverse comment, EPA will Plan Emission Rate = {Sum [Projected Unit 5905; 28 CFR part 14, appendix to part 14, publish a timely withdrawal of this Heat Input x (Unit Emission Rate Limit— unless otherwise noted. direct final rule in the Federal Register 0.01)}/(Sum of Projected Unit Heat Inputs) and inform the public that the rule will § 14.560 [Amended] As a result, total emissions under an not take effect. averaging plan would be lower than ■ 4. In § 14.560, remove paragraphs (a) ADDRESSES: You should mail written they would be if each unit demonstrated and (b); and remove the designation (c) comments to: Carlton T. Nash, Chief, compliance on an individual basis. from paragraph (c). Regulation Development Section, Air However, individual units would be § 14.563 [Removed] Programs Branch (AR–18J), USEPA, allowed to exceed emissions rates Region 5, 77 West Jackson Boulevard, specified in the NOX reduction rules, ■ 5. Section 14.563 is removed. Chicago, Illinois 60604. while other units would emit less than

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allowed under the rules. Thus, higher activity levels than could reduction requirements of the acid rain averaging allows companies to actually be maintained. program; minimize the cost of emissions Wisconsin’s NOX averaging program • If the mass ozone season cap for an reductions by allocating reductions at allows averaging among sources that are averaging plan is violated, WDNR can the units that can achieve them most not under common ownership or require additional emissions reductions inexpensively. control. Nonetheless, EPA is approving from participating units; • In addition, units participating in an Wisconsin’s program, for several Emissions must be measured using reasons. Most important, beginning in continuous monitoring equipment; averaging plan are subject to a mass • emission limitation, beginning with the 2008, Wisconsin’s program includes an WDNR will have the opportunity to 2008 ozone season. This feature of the enforceable emissions cap in addition to review emissions averaging plans to program ‘‘caps’’ the aggregate ozone emissions averaging. The cap is set at a determine their completeness prior to the beginning of the ozone season. season NOX emissions of participating level consistent with the one-hour sources at a level that could not be ozone attainment plan for the Averaging plans must be submitted to exceeded regardless of heat input. This Milwaukee-Racine area, and ensures WDNR 90 days prior to the beginning of level is determined by the participating that emissions cannot increase beyond the ozone season, and WDNR has 30 units’ share of actual heat input during levels consistent with attainment, days to determine whether additional information is needed; the 1995, 1996 and 1997 ozone seasons, regardless of changes in emissions rates. • The public will be kept informed of multiplied by 15,912 tons, an amount In addition, EPA finds that the operation of an averaging program with potential changes in emissions caused consistent with the state’s one-hour by emissions averaging; operators of ozone attainment demonstration. averaging across ownership will be of minimal risk in the individual case of units involved in an emissions Within 60 days of the end of each Wisconsin’s program. This program averaging plan are required to provide ozone season, owners or operators of the involves a limited number of existing public notice at least 60 days prior to participating units must submit sources, and new sources cannot use the start of the ozone season, and to compliance reports demonstrating emissions averaging. Therefore, the provide copies of the plan to the public compliance with the plan’s emission State will receive only a small number upon request. rate and mass emission limit. of averaging plans, and it will be well In addition to the NOX averaging and II. What Is EPA’s Evaluation of This able to review such plans ahead of time emission cap provisions, EPA is Program? to ensure that projected activity levels approving a new categorical emission are reasonable. Moreover, the sources limit for new integrated gasification EPA has determined that this SIP that are potential participants in combined cycle units. WDNR created revision will not interfere with Wisconsin’s averaging program all this limit because these sources will not reasonable further progress or with operate at levels close to capacity, and be able to comply with the limit for attainment or maintenance of the therefore have limited ability to project natural gas-fired units that would National Ambient Air Quality Standards significant increases in activity levels. otherwise apply. While this new limit is or any other requirement of the Clean Therefore, EPA anticipates no problems higher than the natural gas-fired limit, Air Act. Emissions averaging programs resulting of averaging across sources these types of sources will be taking the are considered a type of economic under different ownership; nonetheless, place of higher emitting coal-fired units incentive program. EPA’s guidance on EPA will evaluate as the program and will, therefore, not affect emissions such programs is ‘‘Improving Air operates whether averaging across units projections made earlier by the WDNR, Quality with Economic Incentive under different ownership creates which included growth of coal-fired Programs,’’ EPA–452/R–01–001, January compliance problems or interferes with units. The approval of this new limit 2001 (the EIP guidance). the achievement of expected reductions. will have no impact on the Wisconsin Wisconsin’s NOX averaging program Other provisions of Wisconsin’s one-hour ozone attainment conforms with the EIP guidance, with program include: demonstration SIP. one notable exception. The EIP • Excess emission reductions used in III. Administrative Requirements guidance indicates that averaging an averaging program must be should take place only among units that reductions beyond those needed to meet Under Executive Order 12866 (58 FR are under common ownership or all other state and federal requirements; 51735, October 4, 1993), this action is control. This provision of the guidance • Emissions averaging will create an not a ‘‘significant regulatory action’’ and is motivated by the concern that environmental benefit, since in therefore is not subject to review by the compliance and enforcement difficulties calculating the aggregate allowable Office of Management and Budget. For might result from averaging among emission rate, the allowable emission this reason, this action is also not sources under different ownership or rate of each source is reduced by 0.01 subject to Executive Order 13211, control. Compliance in averaging pounds per million btu; ‘‘Actions Concerning Regulations That programs depends not only on the • If either the aggregate allowable Significantly Affect Energy Supply, emissions rates of the various sources, emission rate or the mass ozone season Distribution, or Use’’ (66 FR 28355, May but also on the activity level (heat input) cap is violated, each unit participating 22, 2001). This action merely approves of higher-emitting sources relative to in the averaging plan is considered out state regulations as meeting federal lower-emitting sources. Since activity of compliance for each day of non- requirements and imposes no additional levels are subject to constant change and compliance, and is potentially subject to requirements beyond those imposed by are difficult to project, it could therefore penalties for each day of non- state regulations. Accordingly, the be difficult for an averaging plan compliance; Administrator certifies that this rule involving units under different • NOX reductions used in an will not have a significant economic ownership or control to ensure that emissions averaging plan cannot be impact on a substantial number of small compliance is maintained. It could be used for compliance with emissions entities under the Regulatory Flexibility particularly difficult to maintain limits established under the new source Act (5 U.S.C. 601 et seq.). Because this compliance if owners of units projected review or prevention of significant rule approves pre-existing requirements to have lower emissions rates projected deterioration program, or with the NOX under state law and does not impose

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any additional enforceable duty beyond of the United States. Section 804 hour ozone attainment demonstration that required by state law, it does not exempts from section 801 the following for the Milwaukee-Racine area. The rule contain any unfunded mandate or types of rules: (1) Rules of particular revision also creates a new categorical significantly or uniquely affect small applicability; (2) rules relating to agency emissions limit for new integrated governments, as described in the management or personnel; and (3) rules gasification combined cycle units. Unfunded Mandates Reform Act of 1995 of agency organization, procedure, or (i) Incorporation by reference. (Pub. L. 104–4). practice that do not substantially affect (A) NR 428.02(6m) as published in the This rule also does not have tribal the rights or obligations of non-agency (Wisconsin) Register, November 2002, implications, because it will not have a parties. 5 U.S.C. 804(3). EPA is not No. 563 and effective December 1, 2002. substantial direct effect on one or more required to submit a rule report (B) NR 428.04(2)(g)(3) as published in Indian tribes, on the relationship regarding this action under section 801 the (Wisconsin) Register, November between the federal government and because this is a rule of particular 2002, No. 563 and effective December 1, Indian tribes, or on the distribution of applicability. 2002. power and responsibilities between the Under section 307(b)(1) of the Clean (C) NR 428.06 as published in the federal government and Indian tribes, as Air Act, petitions for judicial review of (Wisconsin) Register, November 2002, specified by Executive Order 13175 (65 this action must be filed in the United No. 563 and effective December 1, 2002. FR 67249, November 9, 2000). This States Court of Appeals for the [FR Doc. 03–8536 Filed 4–9–03; 8:45 am] action also does not have Federalism appropriate circuit by June 9, 2003. BILLING CODE 6560–50–U implications because it does not have Filing a petition for reconsideration by substantial direct effects on the states, the Administrator of this final rule does on the relationship between the national not affect the finality of this rule for the ENVIRONMENTAL PROTECTION government and the states, or on the purposes of judicial review, nor does it AGENCY distribution of power and extend the time within which a petition responsibilities among the various for judicial review may be filed, and 40 CFR Part 271 levels of government, as specified in shall not postpone the effectiveness of [FRL–7480–9] Executive Order 13132 (64 FR 43255, such rule or action. This action may not August 10, 1999). This action merely be challenged later in proceedings to Nebraska: Final Authorization of State approves a state rule implementing a enforce its requirements. (See section Hazardous Waste Management federal standard, and does not alter the 307(b)(2).) Program Revision relationship or the distribution of power and responsibilities established in the List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection Clean Air Act. This rule also is not Environmental protection, Air Agency (EPA). subject to Executive Order 13045 pollution control, Incorporation by ACTION: Immediate final rule. ‘‘Protection of Children from reference, Nitrogen oxides, Reporting SUMMARY: Nebraska has applied to EPA Environmental Health Risks and Safety and recordkeeping requirements. for Final authorization of the changes to Risks’’ (62 FR 19885, April 23, 1997), Dated: March 6, 2003. its hazardous waste program under the because it is not economically Resource Conservation and Recovery significant. Jerri-Anne Garl, In reviewing SIP submissions, EPA’s Acting Regional Administrator, Region 5. Act (RCRA). EPA has determined that role is to approve state choices, ■ For the reasons stated in the preamble, these changes satisfy all requirements provided that they meet the criteria of part 52, chapter I, title 40 of the Code of needed to qualify for Final the Clean Air Act. In this context, in the Federal Regulations is amended as fol- authorization, and is authorizing the absence of a prior existing requirement lows: State’s changes through this immediate for the state to use voluntary consensus final action. EPA is publishing this rule standards (VCS), EPA has no authority PART 52—[AMENDED] to authorize the changes without a prior proposal because we believe this action to disapprove a SIP submission for ■ 1. The authority citation for part 52 is not controversial and do not expect failure to use VCS. It would thus be continues to read as follows: inconsistent with applicable law for comments that oppose it. Unless we EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq. receive written comments which oppose this authorization during the comment to use VCS in place of a SIP submission Subpart YY—Wisconsin that otherwise satisfies the provisions of period, the decision to authorize Nebraska’s changes to its hazardous the Clean Air Act. Therefore, the ■ 2. Section 52.2570 is amended by waste program will take effect. If we requirements of section 12(d) of the adding paragraph (c)(108), to read as fol- receive comments that oppose this National Technology Transfer and lows: Advancement Act of 1995 (15 U.S.C. action, we will publish a document in 272 note) do not apply. This rule does § 52.2570 Identification of plan. the Federal Register withdrawing this not impose an information collection * * * * * rule before it takes effect, and a separate burden under the provisions of the (c) * * * document in the proposed rules section Paperwork Reduction Act of 1995 (44 (108) On December 16, 2002, Lloyd L. of this Federal Register will serve as a U.S.C. 3501 et seq.). Eagan, Director, Wisconsin Department proposal to authorize the changes. The Congressional Review Act, 5 of Natural Resources, submitted revised DATES: This Final authorization will U.S.C. 801 et seq., as added by the Small rules to allow use of NOX emissions become effective on June 9, 2003 unless Business Regulatory Enforcement averaging for sources subject to NOX EPA receives adverse written comment Fairness Act of 1996, generally provides emission limits in the Milwaukee- by May 12, 2003. If EPA receives such that before a rule may take effect, the Racine area. The revised rules also comment, it will publish a timely agency promulgating the rule must establish a NOX emissions cap for withdrawal of this immediate final rule submit a rule report, which includes a sources that participate in emissions in the Federal Register and inform the copy of the rule, to each House of the averaging, consistent with the emissions public that this authorization will not Congress and to the Comptroller General modeled in Wisconsin’s approved one- take effect.

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ADDRESSES: Send written comments to limitations of the Hazardous and Solid this rule by publishing a document in Lisa V. Haugen, U.S. EPA Region 7, Waste Amendments of 1984 (HSWA). the Federal Register before the rule ARTD/RESP, 901 North 5th Street, New Federal requirements and becomes effective. EPA will base any Kansas City, Kansas 66101. You can prohibitions imposed by Federal further decision on the authorization of view and copy Nebraska’s application regulations that EPA promulgates under the State program changes on the during normal business hours at the the authority of HSWA take effect in proposal mentioned in the previous following addresses: Nebraska authorized States before they are paragraph. We will then address all Department of Environmental Quality, authorized for the requirements. Thus, public comments in a later final rule. Suite 400, The Atrium, 1200 ‘‘N’’ Street, EPA will implement those requirements You may not have another opportunity Lincoln, Nebraska 68509–8922, (402) and prohibitions in Nebraska, including to comment. If you want to comment on 471–2186; and EPA Region 7, Library, issuing permits, until the State is this authorization, you must do so at 901 North 5th Street, Kansas City, granted authorization to do so. Kansas 66101, (913) 551–7877, Lisa V. this time. Haugen. C. What Is the Effect of Today’s If we receive comments that oppose Authorization Decision? FOR FURTHER INFORMATION CONTACT: Lisa only the authorization of a particular V. Haugen, U.S. EPA Region 7, ARTD/ The effect of this decision is that a change to the State hazardous waste RESP, 901 North 5th Street, Kansas City, facility in Nebraska subject to RCRA program, we will withdraw only that Kansas 66101, (913) 551–7877. will now have to comply with the part of this rule but the authorization of SUPPLEMENTARY INFORMATION: authorized State requirements instead of the program changes that the comments the equivalent Federal requirements in do not oppose will become effective on A. Why Are Revisions to State order to comply with RCRA. Nebraska the date specified above. The Federal Programs Necessary? has enforcement responsibilities under Register withdrawal document will States which have received Final its State hazardous waste program for specify which part of the authorization authorization from EPA under RCRA violations of such program, but EPA will become effective, and which part is section 3006(b), 42 U.S.C. 6926(b), must retains its authority under RCRA being withdrawn. maintain a hazardous waste program sections 3007, 3008, 3013, and 7003, that is equivalent to, consistent with, which include, among others, authority F. For What Has Nebraska Previously and no less stringent than the Federal to: Been Authorized? program. As the Federal program • Do inspections, and require changes, States must change their monitoring, tests, analyses, or reports Nebraska initially received Final programs and ask EPA to authorize the • Enforce RCRA requirements and authorization on January 24, 1985, changes. Changes to State programs may suspend or revoke permits effective February 7, 1985 (50 FR 3345), be necessary when Federal or State This action does not impose to implement the RCRA hazardous statutory or regulatory authority is additional requirements on the waste management program. We granted modified or when certain other changes regulated community because the authorization for changes to its program occur. Most commonly, States must regulations for which Nebraska is being on October 4, 1985, effective December change their programs because of authorized by today’s action are already 3, 1988 (53 FR 38950), June 25, 1996, changes to EPA’s regulations in 40 Code effective under state law, and are not effective August 26, 1996 (61 FR 32699), of Federal Regulations (CFR) parts 124, changed by today’s action. and June 4, 2002, effective April 22, 260 through 266, 268, 270, 273, and 279. D. Why Wasn’t There a Proposed Rule 2002 (67 FR 38418). B. What Decisions Have We Made in Before Today’s Rule? G. What Changes Are We Authorizing This Rule? EPA did not publish a proposal before With Today’s Action? We conclude that Nebraska’s today’s rule because we view this as a application to revise its authorized routine program change and do not On July 23, 2002, Nebraska submitted program meets all of the statutory and expect comments that oppose this a final complete program revision regulatory requirements established by approval. We are providing an application, seeking authorization of its RCRA. Therefore, we grant Nebraska opportunity for public comment now. In changes in accordance with 40 CFR Final authorization to operate its addition to this rule, in the proposed 271.21. We now make an immediate hazardous waste program with the rules section of today’s Federal Register final decision, subject to EPA’s receipt changes described in the authorization we are publishing a separate document of written comments that oppose this application. Nebraska has responsibility that proposes to authorize the State action, that Nebraska’s hazardous waste for permitting treatment, storage, and program changes. program revision satisfies all of the disposal facilities within its borders requirements necessary to qualify for (except in Indian Country) and for E. What Happens If EPA Receives Comments That Oppose This Action? Final authorization. Therefore, we grant carrying out the aspects of the RCRA Nebraska Final authorization for the program described in its revised If EPA receives comments that oppose following program changes: program application, subject to the this authorization, we will withdraw

Description of Federal requirement Federal Register date and page (and/or RCRA statu- Analogous State authority 1 (include checklist #, if relevant) tory authority)

Toxicity Characteristic Revisions (Toxicity Leaching 55 FR 11798–11877, Title 128 2–009.07; 2–009.09–.10; 2–016; 3–010.01– Procedure)—Checklist 74. March 29, 1990. .02; 3–011.02–.03; 21–014; 22–011; 22–013 (effective June 18, 2001, with amendments to Chapters 3, 4, 10, 12, 14, 16, 25, and Appendix V, effective April 2002)

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Description of Federal requirement Federal Register date and page (and/or RCRA statu- Analogous State authority 1 (include checklist #, if relevant) tory authority)

Universal Waste: General Provisions—Checklist 142A; 60 FR 25492–25551, May Nebraska Revised Statues § 81–1504(15)(b) (2000); Specific Provisions for Batteries—Checklist 142B; 11, 1995. Title 128 1–004; 1–053; 1–086; 1–129; 2–001.07; 4– Specific Provisions for Pesticides—Checklist 142C; 002.04; 6–001; 7–002.03–.04; 7–002.06–.09; 7–011; Specific Provisions for Thermostats—Checklist 142D; 8–003; 8–006.03; 9–002–003; 9–007.01; 10–001.03– Petition Provisions to Add a New Universal Waste. .05; 12–001.03H; 20–001.06; 21–001; 22–001.01K; Chapter 25 (effective June 18, 2001, with amendments to Chapters 3, 4, 10, 12, 14, 16, 25, and Ap- pendix V, effective April 2002)

H. Where Are the Revised State Rules significant economic impact on a requirements of section 12(d) of the Different From the Federal Rules? substantial number of small entities National Technology Transfer and In this authorization of the State of under the Regulatory Flexibility Act (5 Advancement Act of 1995 (15 U.S.C. Nebraska’s program revisions for U.S.C. 601 et seq.). Because this action 272 note) do not apply. As required by Federal Revision Checklists 71 and authorizes preexisting requirements section 3 of Executive Order 12988 (61 142A–D, there are no provisions that are under State law and does not impose FR 4729, February 7, 1996), in issuing more stringent or broader in scope. any additional enforceable duty beyond this rule, EPA has taken the necessary Broader in scope requirements are not that required by State law, it does not steps to eliminate drafting errors and part of the authorized program and EPA contain any unfunded mandate or ambiguity, minimize potential litigation, cannot enforce them. significantly or uniquely affect small and provide a clear legal standard for governments, as described in the affected conduct. EPA has complied I. Who Handles Permits After the Unfunded Mandates Reform Act of 1995 with Executive Order 12630 (53 FR Authorization Takes Effect? (Public Law 104–4). For the same 8859, March 15, 1988) by examining the Nebraska will issue permits for all the reason, this action also does not takings implications of the rule in provisions for which it is authorized significantly or uniquely affect the accordance with the ‘‘Attorney and will administer the permits it communities of Tribal governments, as General’s Supplemental Guidelines for issues. EPA will continue to administer specified by Executive Order 13175 (65 the Evaluation of Risk and Avoidance of any RCRA hazardous waste permits or FR 67249, November 9, 2000). This Unanticipated Takings’’ issued under portions of permits which we issued action will not have substantial direct the Executive Order. This rule does not prior to the effective date of this effects on the States, on the relationship impose an information collection authorization. We will not issue any between the national government and burden under the provisions of the more new permits or new portions of the States, or on the distribution of Paperwork Reduction Act of 1995 (44 permits for the provisions listed in the power and responsibilities among the U.S.C. 3501 et seq.). Table above after the effective date of various levels of government, as The Congressional Review Act, 5 this authorization. EPA will continue to specified in Executive Order 13132 (64 U.S.C. 801 et seq., as added by the Small implement and issue permits for HSWA FR 43255, August 10, 1999), because it Business Regulatory Enforcement requirements for which Nebraska is not merely authorizes State requirements as Fairness Act of 1996, generally provides yet authorized. part of the State RCRA hazardous waste that before a rule may take effect, the program without altering the agency promulgating the rule must J. What Is Codification and Is EPA relationship or the distribution of power submit a rule report, which includes a Codifying Nebraska’s Hazardous Waste and responsibilities established by copy of the rule, to each House of the Program as Authorized in This Rule? RCRA. This action also is not subject to Congress and to the Comptroller General Codification is the process of placing Executive Order 13045 (62 FR 19885, of the United States. EPA will submit a the State’s statutes and regulations that April 23, 1997), because it is not report containing this document and comprise the State’s authorized economically significant and it does not other required information to the U.S. hazardous waste program into the CFR. make decisions based on environmental Senate, the U.S. House of We do this by referencing the health or safety risks. This rule is not Representatives, and the Comptroller authorized State rules in 40 CFR part subject to Executive Order 13211, General of the United States prior to 272. We reserve the amendment of 40 ‘‘Actions Concerning Regulations That publication in the Federal Register. A CFR part 272, subpart CC for this Significantly Affect Energy Supply, major rule cannot take effect until 60 authorization of Nebraska’s program Distribution, or Use’’ (66 FR 28355 (May days after it is published in the Federal changes until a later date. 22, 2001)) because it is not a significant Register. This action is not a ‘‘major regulatory action under Executive Order rule’’ as defined by 5 U.S.C. 804(2). K. Administrative Requirements 12866. List of Subjects in 40 CFR Part 271 The Office of Management and Budget Under RCRA 3006(b), EPA grants a (OMB) has exempted this action from State’s application for authorization as Environmental protection, the requirements of Executive Order long as the State meets the criteria Administrative practice and procedure, 12866 (58 FR 51735, October 4, 1993), required by RCRA. It would thus be Confidential business information, and therefore this action is not subject inconsistent with applicable law for Hazardous waste, Hazardous waste to review by OMB. This action EPA, when it reviews a State transportation, Indian lands, authorizes State requirements for the authorization application, to require the Intergovernmental relations, Penalties, purpose of RCRA 3006 and imposes no use of any particular voluntary Reporting and recordkeeping additional requirements beyond those consensus standard in place of another requirements. imposed by State law. Accordingly, I standard that otherwise satisfies the Authority: This action is issued under the certify that this action will not have a requirements of RCRA. Thus, the authority of sections 2002(a), 3006, and

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7004(b) of the Solid Waste Disposal Act as 288 North 1460 West, Salt Lake City, C. What Is the Effect of Today’s amended 42 U.S.C. 6912(a), 6926, 6974(b). Utah 84114–4880, contact: Susan Authorization Decision? Dated: March 17, 2003. Toronto, phone number: (801) 538– This decision means that a facility in Nat Scurry, 6776. Send written comments to Kris Utah subject to RCRA will now have to Acting Regional Administrator, Region 7. Shurr, 8P–HW, U.S. EPA, Region VIII, comply with the authorized State [FR Doc. 03–8835 Filed 4–9–03; 8:45 am] 999 18th Street, Suite 300, Denver, requirements instead of the equivalent Colorado 80202–2466, phone number: BILLING CODE 6560–50–P Federal requirements in order to comply (303) 312–6139 or electronically to with RCRA. Utah has enforcement [email protected]. responsibilities under its State ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Kris hazardous waste program for violations AGENCY Shurr, 8P–HW, U.S. EPA, Region VIII, of such program, but EPA retains its authority under RCRA sections 3007, 40 CFR Part 271 999 18th Street, Suite 300, Denver, Colorado 80202–2466, phone number: 3008, 3013, and 7003, which include, [FRL–7480–6] (303) 312–6139 or [email protected]. among others, authority to: • Conduct inspections; require Utah: Final Authorization of State SUPPLEMENTARY INFORMATION: monitoring, tests, analyses, or reports; Hazardous Waste Management • enforce RCRA requirements; A. Why Are Revisions to State Program Revision suspend or revoke permits; and, Programs Necessary? • take enforcement actions regardless AGENCY: Environmental Protection of whether Utah has taken its own Agency (EPA). States which have received Final authorization from EPA under RCRA actions. ACTION: Immediate final rule. section 3006(b), 42 U.S.C. 6926(b), must This action does not impose additional requirements on the SUMMARY: Utah has applied to EPA for maintain a hazardous waste program Final authorization of the changes to its that is equivalent to, consistent with, regulated community because the hazardous waste program under the and no less stringent than the Federal regulations for which Utah is being Resource Conservation and Recovery program. As the Federal program authorized by today’s action are already Act (RCRA). EPA has determined that changes, States must change their effective and are not changed by today’s these changes satisfy all requirements programs and ask EPA to authorize the action. needed to qualify for Final authorization changes. Changes to State programs may D. Why Wasn’t There a Proposed Rule and is authorizing the State’s changes be necessary when Federal or State Before Today’s Rule? through this immediate final action. We statutory or regulatory authority is EPA did not publish a proposal before are publishing this rule to authorize the modified or when certain other changes today’s rule because we view this as a changes without a prior proposal occur. Most commonly, States must routine program change. We are because we believe this action is not change their programs because of providing an opportunity for the public controversial. Unless we receive written changes to EPA’s regulations in 40 Code to comment now. In addition to this comments which oppose this of Federal Regulations (CFR) parts 124, rule, in the proposed rules section of authorization during the comment 260 through 266, 268, 270, 273 and 279. today’s Federal Register we are period, the decision to authorize Utah’s publishing a separate document that changes to their hazardous waste B. What Decisions Have We Made in proposes to authorize the State program program will take effect. If we receive This Rule? changes. comments that oppose this action, we We conclude that Utah’s application will publish a document in the Federal to revise its authorized program meets E. What Happens if EPA Receives Register withdrawing this rule before it all of the statutory and regulatory Comments That Oppose This Action? takes effect, and a separate document in requirements established by RCRA. If EPA receives comments that oppose the proposed rules section of this Therefore, we grant Utah Final this authorization, we will withdraw Federal Register will serve as a proposal authorization to operate its hazardous this rule by publishing a document in to authorize the changes. waste program with the changes the Federal Register before the rule DATES: This Final authorization will described in the authorization becomes effective. EPA will base any become effective on June 9, 2003 unless application. Utah has responsibility for further decision on the authorization of EPA receives adverse written comment permitting Treatment, Storage, and the State program changes on the by May 12, 2003. If EPA receives such Disposal Facilities (TSDFs) within its proposal mentioned in the previous comment, it will publish a timely borders, except in Indian Country, and paragraph. We will then address all withdrawal of this Immediate Final Rule for carrying out the aspects of the RCRA public comments in a later final rule. in the Federal Register and inform the program described in its revised You may not have another opportunity public that this authorization will not program application, subject to the to comment, therefore, if you want to take effect. limitations of the Hazardous and Solid comment on this authorization, you ADDRESSES: Copies of the Utah program Waste Amendments of 1984 (HSWA). must do so at this time. revision applications and the materials New Federal requirements and If we receive comments that oppose which EPA used in evaluating the prohibitions imposed by Federal only the authorization of a particular revisions are available for inspection regulations that EPA promulgates under change to the Utah hazardous waste and copying at the following locations: the authority of HSWA take effect in program, we will withdraw that part of EPA Region VIII, from 7 a.m. to 4 p.m., authorized States before they are this rule but the authorization of the 999 18th Street, Suite 300, Denver, authorized for the requirements. Thus, program changes that the comments do Colorado 80202–2466, contact: Kris EPA will implement those requirements not oppose will become effective on the Shurr, phone number: (303) 312–6139 and prohibitions in Utah, including date specified above. The Federal or Utah Department of Environmental issuing permits, until Utah is authorized Register withdrawal document will Quality (UDEQ), from 8 a.m. to 5 p.m., to do so. specify which part of the authorization

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will become effective and which part is Universal Waste Rule: Specific any new permits or new portions of being withdrawn. Provisions for Hazardous Waste Lamps permits for the provisions listed in Item [64 FR 36466, 07/06/99](Checklist 181)/ G after the effective date of this F. What Has Utah Previously Been R315–1–1(b), R315–2–25(b)–(d), R315– Authorized for? authorization. EPA previously 8–1(e)(10)(ii)–(iv), R315–7– suspended issuance of permits for other Utah initially received Final 8.1(c)(11)(ii)–(iv), R315–13–1, R315–3– provisions on the effective date of Authorization on October 10, 1984, 1(e)(2)(viii)(B)–(D), R315–16–1.1(a)(2)– Utah’s Final Authorization for the RCRA effective October 24, 1984 (49 FR 39683) (4), R315–16–1.2(a)(1), R315–16– base program and each of the revisions to implement its base hazardous waste 1.2(b)(2) & (3), R315–16–1.3(a), R315– listed in Item F. EPA will continue to management program. Utah received 16–1.4(a), R315–16–1.5(a), R315–16– implement and issue permits for HSWA authorization for revisions to its 1.5(b) through R315–16–1.5(b)(2), R315– requirements for which Utah is not yet program on February 21, 1989 (54 FR 16–1.5(c) through R315–16–1.5(c)(2), authorized. 7417), effective March 7, 1989; May 23, R315–16–1.8(a) through R315–16– 1991 (56 FR 23648) and August 6, 1991 1.8(a)(2), R315–16–1.8(b), R315–16– J. How Does Today’s Action Affect (56 FR 37291), both effective July 22, 1.9(e), R315–16–1.9(f), R315–16–1.9(i), Indian Country (18 U.S.C. 1151) in 1991; May 15, 1992 (57 FR 20770), R315–16–1.9(k), R315–16–2.1, R315– Utah? effective July 14, 1992; February 12, 16–2.4(d) through R315–16–2.4(d)(2), This program revision does not 1993 (58 FR 8232) and May 5, 1993 (58 R315–16–2.5(e), R315–16–3.1, R315– extend to ‘‘Indian Country’’ as defined FR 26689), both effective April 13, 1993; 16–3.3(b)(4) & (5), R315–16–3.4(d) in 18 U.S.C. 1151. Indian Country October 14, 1994 (59 FR 52084), through R315–16–3.4(d)(2), R315–16– includes lands within the exterior effective December 13, 1994; May 20, 3.5(e), R315–16–4.1, R315–16–5.1(a), boundaries of the following Indian 1997 (62 FR 27501), effective July 21, and R315–16–7.1(a); Hazardous Air reservations located within or abutting 1997; January 13, 1999 (64 FR 02144), Pollutant Standards for Combustors [64 the State of Utah: effective March 15, 1999; October 16, FR 52828, 09/30/99](Checklist 182)/ 2000 (65 FR 61109), effective January R315–1–1(b), R315–2–26, R315–8– 1. Goshute Indian Reservation 16, 2001, and May 7, 2002 (67 FR 15.1(b) through R315–8–15.1(b)(2), 2. Navajo Indian Reservation 30599), effective July 7, 2002. R315–8–15.1(c)–(e), R315–8–16, R315– 3. Northwestern Band of Shoshoni 7–22.1(b) through R315–7–22.1(b)(2), G. What Changes Are We Authorizing Nation of Utah (Washakie) Indian With Today’s Action? R315–7–22.1(c); R315–14–7, R315–50– 16, R315–3–2.10, R315–3–2.10(e), Reservation On February 12, 2003, Utah submitted R315–3–2.13, R315–3–4.3, R315–3–6.3, 4. Paiute Indian Tribe of Utah Indian a final complete program revision and R315–3–6.6; Land Disposal Reservation application, seeking authorization of Restrictions Phase IV—Technical their changes in accordance with 40 5. Skull Valley Band of Goshute Corrections [64 FR 56469, 10/20/ Indians of Utah Indian Reservation CFR 271.21. We now make an 99](Checklist 183)/R315–2–10(f), R315– immediate final decision, subject to 5–3.34(a), and R315–13–1; 6. Uintah and Ouray Indian receipt of written comments that oppose Accumulation Time for Waste Water Reservation (see below) this action, that Utah’s hazardous waste Treatment Sludges [65 FR 12378, 03/08/ 7. Ute Mountain Indian Reservation program revision satisfies all of the 2000](Checklist 184)/R315–5–3.34(a); requirements necessary to qualify for With respect to the Uintah and Ouray Organobromine Production Wastes Indian Reservation, Federal courts have Final authorization. Therefore, we grant Vacatur [65 FR 14472, 03/17/ Utah Final authorization for the determined that certain lands within the 2000](Checklist 185)/R315–2–10(f), exterior boundaries of the Reservation following program changes (the Federal R315–2–11(f), R315–50–9, R315–50–10, Citation followed by the analog from the do not constitute Indian Country. This and R315–13–1; Petroleum Refining State program revision approval will Utah Administrative Code (R315), Process Wastes—Clarification [65 FR revised August 15, 2002): Emergency extend to those lands which the courts 36365, 06/08/2000](Checklist 187)/ have determined are not Indian Revision of the Land Disposal R315–2–10(e) and R315–13–1. Restrictions (LDR) Treatment Standards Country. for Listed Hazardous Wastes from H. Where Are the Revised State Rules In excluding Indian Country from the Carbamate Production [63 FR 47409, 09/ Different From the Federal Rules? scope of this program revision, EPA is 04/98](Checklist 171)/R315–13–1(Utah Utah did not make any changes that not making a determination that Utah rules for checklist revised 09/20/2001); are more stringent or broader-in-scope either has adequate jurisdiction or lacks HWIR Media [63 FR 65874, 11/30/ than the Federal rules in this jurisdiction over sources in Indian 98](Checklist 175)/R315–1–1(b), R315– rulemaking. Utah did not change any Country. Should the Utah choose to 2–4(g) through R315–2–4(g)(2)(iii), previously more stringent or broader-in- seek program authorization within R315–8–1(g) through R315–8–1(g)(13), scope provisions to be equivalent to the Indian Country, it may do so without R315–8–5.3, and R315–8–6.12(d); Land Federal rules. prejudice. Before EPA would approve Disposal Restrictions Phase IV— the State’s program for any portion of Technical Corrections and Clarifications I. Who Handles Permits After the Indian Country, EPA would have to be to Treatment Standards [64 FR 25408, Authorization Takes Effect? satisfied that the State has authority, 05/11/99](Checklist 179)/R315–2–2(c), Utah will issue permits for all the either pursuant to explicit R315–2–2(c)(3), R315–2–2(e)(1)(iii), provisions for which it is authorized Congressional authorization or R315–2–4(a)(16), R315–2–4(a)(17) and and will administer the permits it applicable principles of Federal Indian R315–2–4(a)(17)(v), R315–2–4(b)(7)(iii) issues. EPA will continue to administer law, to enforce its laws against existing and R315–2–4(b)(7)(iii)(A), R315–5– any RCRA hazardous waste permits or and potential pollution sources within 3.34, and R315–13–1; Test Procedures portions of permits which were issued any geographical area for which it seeks for the Analysis of Oil and Grease and prior to the effective date of this program approval and that such Non-Polar Material [64 FR 26315, 05/14/ authorization until Utah has equivalent approval would constitute sound 99](Checklist 180)/R315–1–2(a); instruments in place. We will not issue administrative practice.

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K. What Is Codification and Is EPA ‘‘Actions Concerning Regulations That Intergovernmental relations, Penalties, Codifying Utah’s Hazardous Waste Significantly Affect Energy Supply, Reporting and recordkeeping Program as Authorized in This Rule? Distribution, or Use’’ (66 FR 28355, May requirements. Codification is the process of placing 22, 2001), because it is not a significant Authority: This action is issued under the a State’s statutes and regulations that regulatory action under Executive Order authority of sections 2002(a), 3006 and comprise the State’s authorized 12866. 7004(b) of the Solid Waste Disposal Act as Under RCRA 3006(b), EPA grants a hazardous waste program into the CFR. amended 42 U.S.C. 6912(a), 6926, 6974(b). State’s application for authorization as We do this by referencing the Dated: March 25, 2003. long as the State meets the criteria authorized State rules in 40 CFR part required by RCRA. It would thus be Robert E. Roberts, 272. Utah’s rules, up to and including inconsistent with applicable law for Regional Administrator, Region VIII. those revised 2/15/96, have previously EPA, when it reviews a State [FR Doc. 03–8833 Filed 4–9–03; 8:45 am] been codified through the authorization application, to require the BILLING CODE 6560–50–P incorporation-by-reference effective 3/ use of any particular voluntary 15/99 (66 FR 58964, 11/26/2001) We consensus standard in place of another reserve the amendment of 40 CFR part standard that otherwise satisfies the DEPARTMENT OF HEALTH AND 272, subpart TT for the codification of requirements of RCRA. Thus, the HUMAN SERVICES Utah’s updated program until a later requirements of section 12(d) of the date. National Technology Transfer and Public Health Service L. Administrative Requirements Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by 42 CFR Parts 70 and 71 The Office of Management and Budget section 3 of Executive Order 12988 (61 has exempted this action from the RIN 0920–AA03 FR 4729, February 7, 1996), in issuing requirements of Executive Order 12866 this rule, EPA has taken the necessary (58 FR 51735, October 4, 1993), and Control of Communicable Diseases steps to eliminate drafting errors and therefore this action is not subject to ambiguity, minimize potential litigation, AGENCY: Centers for Disease Control and review by OMB. This action authorizes and provide a clear legal standard for Prevention (CDC), Public Health Service State requirements for the purpose of affected conduct. EPA has complied (PHS), Department of Health and RCRA 3006 and imposes no additional with Executive Order 12630 (53 FR Human Services (HHS). requirements beyond those imposed by 8859, March 15, 1988) by examining the ACTION: Interim final rule with comment State law. Accordingly, I certify that this takings implications of the rule in period. action will not have a significant accordance with the ‘‘Attorney economic impact on a substantial General’s Supplemental Guidelines for SUMMARY: The Public Health Service Act number of small entities under the the Evaluation of Risk and Avoidance of authorizes the Secretary, in consultation Regulatory Flexibility Act (5 U.S.C. 601 Unanticipated Takings’’ issued under with the Surgeon General, to make and et seq.). Because this action authorizes the executive order. This rule does not enforce regulations as are necessary to pre-existing requirements under State impose an information collection prevent the introduction, transmission law and does not impose any additional burden under the provisions of the or spread of communicable diseases enforceable duty beyond that required Paperwork Reduction Act of 1995 (44 from foreign countries into the States or by State law, it does not contain any U.S.C. 3501 et seq.). possessions, or from one State or unfunded mandate or significantly or The Congressional Review Act, 5 possession into any other State or uniquely affect small governments, as U.S.C. 801 et seq., as added by the Small possession. The existing regulations are described in the Unfunded Mandates Business Regulatory Enforcement outdated and do not address Reform Act of 1995 (Pub. L. 104–4). For Fairness Act of 1996, generally provides communicable diseases that currently the same reason, this action also does that before a rule may take effect, the pose a substantial public health threat. not significantly or uniquely affect the agency promulgating the rule must As of April 2, 2003, the World Health communities of Tribal governments, as submit a rule report, which includes a Organization (WHO) has reported 2236 specified by Executive Order 13175 (65 copy of the rule, to each House of the cases and 78 deaths related to outbreaks FR 67249, November 9, 2000). This Congress and to the Comptroller General of a severe form of pneumonia of action will not have substantial direct of the United States. EPA will submit a unknown origin in Hong Kong SAR, effects on the States, on the relationship report containing this document and Vietnam, Guangdong province in between the national government and other required information to the U.S. southern China, Canada, Singapore, and the States, or on the distribution of Senate, the U.S. House of Thailand, which appears to have spread power and responsibilities among the Representatives, and the Comptroller rapidly. For this reason, the Director various levels of government, as General of the United States prior to General of the World Health specified in Executive Order 13132 (64 publication in the Federal Register. A Organization (WHO) issued a global FR 43255, August 10, 1999), because it major rule cannot take effect until 60 alert about cases of atypical pneumonia merely authorizes State requirements as days after it is published in the Federal and recommended that travelers with part of the State RCRA hazardous waste Register. This action is not a ‘‘major atypical pneumonia who may be related program without altering the rule’’ as defined by 5 U.S.C. 804(2). This to these outbreaks be placed into relationship or the distribution of power action will be effective June 9, 2003. isolation and assessed by quarantine and responsibilities established by officials. The Centers for Disease RCRA. This action also is not subject to List of Subjects in 40 CFR Part 271 Control and Prevention (CDC) is Executive Order 13045 (62 FR 19885, Environmental protection, currently investigating 85 suspected April 23, 1997), because it is not Administrative practice and procedure, cases of the disease in the United States. economically significant and it does not Confidential business information, This is being issued as an interim final make decisions based on environmental Hazardous waste, Hazardous waste rule because this newly-detected disease health or safety risks. This rule is not transportation, Incorporation by is likely spread in person-to-person subject to Executive Order 13211, Reference, Indian lands, fashion and may have an adverse public

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health impact if further introduced into Waiver of Prior Notice and Comment § 70.6 Apprehension and detention of the United States. and Waiver of Delay in Effective Date persons with specific diseases. DATES: This rule is effective on April 10, This rule is being issued on an Regulations prescribed in this part 2003. Comments must be submitted by interim final basis with no prior notice authorize the detention, isolation, June 9, 2003. and comment and no delay in effective quarantine, or conditional release of date. As of April 2, 2003, the WHO has individuals, for the purpose of ADDRESSES: Mail written comments to preventing the introduction, reported 2236 cases and 78 deaths of the following address: Jennifer Brooks, transmission, and spread of the severe pneumonia-like illness of National Center for Infectious Diseases, communicable diseases listed in an unknown origin in a growing number of Centers for Disease Control and Executive Order setting out a list of countries. Several countries, including Prevention, 1600 Clifton Road, NE., quarantinable communicable diseases, Canada, Hong Kong SAR, and Singapore Atlanta, GA 30333; telephone (404) as provided under section 361(b) of the have instituted maximum health 639–2763. Mail written comments on Public Health Service Act. Executive measures, including quarantine, to the proposed information collection Order 13295, of April 4, 2003, contains prevent the further spread of the requirements to Office of Information the current revised list of quarantinable disease. The CDC is currently and Regulatory Affairs, OMB, New communicable diseases, and may be Executive Office Building, 725 17th investigating 85 suspected cases of the obtained at http://www.cdc.gov, or at Street, NW., rm. 10235, Washington, DC disease in the United States. While no http://www.archives.gov/ 20503, Attn: Desk Officer for CDC. deaths have been reported in the United federal_register. If this Order is States, the potentially fatal disease is FOR FURTHER INFORMATION CONTACT: amended, HHS will enforce that likely spread in person-to-person James E. Barrow, National Center for amended order immediately and update fashion and may have an adverse public Infectious Diseases (E03), Centers for this reference. health impact if further spread. Disease Control and Prevention, 1600 Accordingly, appropriate public health Clifton Road, NE., Atlanta, GA 30333; PART 71—FOREIGN QUARANTINE control measures including quarantine telephone (404) 498–1604. need to be available immediately to ■ 1. The authority for part 71 is revised SUPPLEMENTARY INFORMATION: protect against this threat. to read as follows: Background and Purpose Changes to 42 CFR Parts 70 and 71 Authority: Secs. 215 and 311 of Public Health Service (PHS) Act. as amended (42 This interim final rule, which was Following is a summary of changes to U.S.C. 216, 243); secs. 361–369, PHS Act, as reviewed by the Office of Management the current regulations: amended (42 U.S.C. 264–272). and Budget in accordance with Sections modified: ■ 2. Revise Section 71.32 to read as fol- Executive Order 12866, is being 70.6 Apprehension and detention of lows: promulgated in accordance with U.S.C. persons with specific diseases. 42 section 264 (section 361 of the PHS 71.32 Persons, carriers, and things. § 71.32 Persons, carriers, and things Act) which authorizes the Secretary, in Plain Language Instructions (a) Whenever the Director has reason consultation with the Surgeon General, to believe that any arriving person is to make and enforce regulations as are We try to write clearly. If you can infected with or has been exposed to necessary to prevent the introduction, suggest how to improve the clarity of any of the communicable diseases listed transmission or spread of communicable these regulations, call or write Jennifer in an Executive Order, as provided diseases from foreign countries into the Brooks at the address listed above. under section 361(b) of the Public States or possessions, or from one State List of Subjects Health Service Act, he/she may isolate, or possession into any other State or quarantine, or place the person under possession. The quarantine of persons 42 CFR Part 70 surveillance and may order disinfection believed to be infected with Communicable diseases, Public or disinfestation, fumigation, as he/she communicable diseases is a public health, Quarantine, Reporting and considers necessary to prevent the health prevention measure that has been recordkeeping requirements, Travel introduction, transmission or spread of used effectively to contain the spread of restrictions. the listed communicable diseases. disease. The existing regulations are Executive Order 13295, of April 4, 2003, outdated and do not address 42 CFR Part 71 contains the current revised list of communicable diseases that currently Airports, Animals, Communicable quarantinable communicable diseases, pose a substantial public health threat. diseases, Harbors, Imports, Pesticides and may be obtained at http:// The Public Health Service Act gives and pests, Public health, Quarantine, www.cdc.gov and http:// the Secretary of HHS responsibility for Reporting and recordkeeping www.archives.gov/federal_register. If preventing the introduction, requirements. this Order is amended, HHS will transmission, and spread of ■ For the reasons stated in the preamble, enforce that amended order communicable diseases from foreign we are amending 42 CFR part 70 and Part immediately and update this reference. countries into the United States and 71 as follows. (b) Whenever the Director has reason from one State or possession into to believe that any arriving carrier or another within the United States. Under PART 70—INTERSTATE QUARANTINE article or thing on board the carrier is its delegated authority, the CDC or may be infected or contaminated with ■ 1. The authority for part 70 is revised Division of Global Migration and a communicable disease, he/she may to read as follows: Quarantine is empowered to detain, require detention, disinfection, medically examine, or conditionally Authority: Secs. 215 and 311 of Public disinfestation, fumigation, or other release individuals suspected of Health Service (PHS) Act. as amended (42 related measures respecting the carrier carrying a communicable disease. The U.S.C. 216, 243); secs. 361–369, PHS Act, as or article or thing as he/she considers amended (42 U.S.C. 264–272). list of quarantinable diseases is necessary to prevent the introduction, contained in an Executive Order of the ■ 2. Revise Section 70.6 to read as fol- transmission, or spread of President. lows: communicable diseases.

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Dated: April 4, 2003. Federal Communications Commission. the course of the last three decades. The Tommy G. Thompson, Marlene H. Dortch, species was initially listed as Eubalaena Secretary. Secretary. glacialis by the U.S. Fish and Wildlife [FR Doc. 03–8736 Filed 4–8–03; 12:42 pm] [FR Doc. 03–8578 Filed 4–9–03; 8:45 am] Service in the 1973 Edition of BILLING CODE 4160–17–P BILLING CODE 6712–01–P Threatened Wildlife of the United States (USFWS, 1973). Subsequently, however, some authorities have put right and DEPARTMENT OF COMMERCE bowhead whales in the same genus, FEDERAL COMMUNICATIONS Balaena (Rice, 1977). In addition, the COMMISSION National Oceanic and Atmospheric current List of Endangered and Administration Threatened Wildlife lists the right whale 47 CFR Part 74 as Balaena glacialis (incl. australis) (50 50 CFR Parts 17, 222 and 226 CFR 17.11). Despite these differences in [ET Docket No. 01–75; FCC 02–298] listing, the genus Eubalaena has been [Docket No. 030318064–3064–01; I.D. most widely recognized and commonly 012903C] Broadcast Auxiliary Service Rules used in the scientific community as the RIN 0648–AQ74 genus associated with all right whale AGENCY: Federal Communications species. Virtually all related scientific Commission. Endangered Fish and Wildlife; Notice literature and popular literature on of Technical Revision to Right Whale marine mammals (see, for example, ACTION: Final rule; correction. Nomenclature and Taxonomy Under Cummings, 1985; Hall and Kelson, the U.S. Endangered Species Act 1959; Jefferson et al., 1993; Klinowska, SUMMARY: Federal Communications 1991) historically use the genus AGENCY: Commission published in the Federal National Marine Fisheries Eubalaena to identify right whales as Register of March 17, 2003, a document Service (NMFS), National Oceanic and originally named by Muller in 1776. amending rules for Broadcast Auxiliary Atmospheric Administration (NOAA), Eubalaena is also the name accepted Services to introduce new technologies Department of Commerce. by both the International Whaling and conforming rules for Broadcast ACTION: Final rule. Commission (IWC) and NMFS. The IWC Auxiliary Services, Cable Television 2001 report on the world-wide status of Relay Service, and Fixed Microwave SUMMARY: NMFS is issuing a final rule right whales uses the genus Eubalaena Services. Inadvertently, the amendatory concerning the nomenclature and (Best et al., 2001). NMFS has used this instruction for § 74.602 specified taxonomy of the North Atlantic right nomenclature in its Stock Assessment removing and revising paragraph (a)(2). whale, North Pacific right whale, and Reports, the Final Recovery Plan for the This document revises the amendatory the southern right whale. The first Northern Right Whale (NMFS, 1991), instruction to specify removing and change updates the formerly-used genus and other technical documents dating reserving paragraph (a)(2). Balaena to the genus Eubalaena to back to at least 1991. Therefore, this conform to the taxonomy currently DATES: Effective April 16, 2003. nomenclatorial change would make the accepted by the scientific community List consistent with the generally FOR FURTHER INFORMATION CONTACT: Ted and supported by the scientific accepted use by the scientific Ryder, Office of Engineering and literature. The second change reflects community, IWC reports, and NMFS Technology, (202) 418–2803. the genetic distinctiveness now technical documents for over a decade. recognized between Pacific and Atlantic Thus, to recognize the currently SUPPLEMENTARY INFORMATION: The FCC right whale populations in the northern published a document in the Federal accepted genus for right whale species hemisphere. Due to recent genetic worldwide, the first technical revision Register of March 17, 2003, (68 FR findings, NMFS is changing the species 12743) inadvertently specifying, in the in this rule is to correct right whale name of the northern right whale as nomenclature on the list from genus amendatory instruction for § 74.602, follows: the North Atlantic right whale, removing and revising paragraph (a)(2). Balaena to genus Eubalaena. Eubalaena glacialis, and the North The second change reflects new This correction revises the amendatory Pacific right whale, Eubalaena japonica. evidence from recent genetic studies language to specify removing and These technical changes will not change regarding the taxonomic classification of reserving paragraph (a)(2). the listing status of these species under right whales. Historically, right whales In rule FR Doc. 03–4176 published on the Endangered Species Act (ESA)(all were classified as two distinct species, March 17, 2003 (68 FR 12743) make the three remain ‘‘endangered’’). Eubalaena glacialis in the northern following correction. On page 12768, in DATES: Effective on May 12, 2003. hemisphere (Pacific and Atlantic Ocean the second column, revise the ADDRESSES: Supporting documentation basins) and Eubalaena australis in the amendatory instruction for § 74.602 to is available for public inspection, by southern hemisphere, based on a read as follows: request from NMFS, National Marine morphological difference in the orbital region of the skull (Muller, 1954; PART 74—[CORRECTED] Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– Rosenbaum et al., 2000). Other § 74.602 [Corrected] 3226. interpretations had given North Pacific right whales full species status as ■ Section 74.602 is amended by revising FOR FURTHER INFORMATION CONTACT: Eubalaena japonica (Lacepede 1818) or paragraphs (a) introductory text, the Aleria Jensen or Gregory Silber at (301) treated the population as a subspecies of channel boundaries for channel designa- 713–2322. Eubalaena glacialis. Prior to the current tion B03 in the table of paragraph (a), SUPPLEMENTARY INFORMATION: The right technical revision, North Pacific right footnote 2 of the table of paragraph (a), whale was originally described as whales have been most widely paragraphs (d), (f), (h), and (i) introduc- Eubalaena glacialis (Muller, 1776). recognized as an intraspecific tory text, and by removing and reserving However, the technical literature on the population of northern right whales paragraph (a)(2) to read as follows: nomenclature has not been clear over (Rice, 1998). The taxonomic structure of

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right whales had not been analyzed in these species. Genetic data now provide Regulatory Flexibility Act, 5 U.S.C. 601 a comprehensive manner for the unequivocal support to distinguish et seq., are inapplicable. purposes of conservation and three right whale lineages as separate Although this final rule simply makes systematics until recent genetic studies. phylogenetic species. The revised taxonomic changes relative to a listing The generally accepted analyses by designation of these populations allows determination that NMFS has already Rosenbaum et al. (2000) conclude that for consistent scientific practice and made under the ESA and does not the right whale should be regarded as management policies in recovering change the listing status of right whales three separate species as follows: these populations. under the ESA, NOAA has concluded 1. The North Atlantic right whale The following NMFS documents will that ESA listing determinations are (Eubalaena glacialis), historically be affected by this technical revision: exempt from requirements of the ranging in the North Atlantic Ocean 1. MMPA Stock Assessment Reports National Environmental Policy Act. from latitudes 60° N to 20° N; for Alaska currently refer to stocks of Therefore, these taxonomic changes 2. The North Pacific right whale right whales in the North Pacific as relative to a listing determination are (Eubalaena japonica), historically ‘‘Northern Right Whale, Eubalaena also exempt from these requirements. ranging in the North Pacific Ocean from glacialis’’. This will be changed in all (See NOAA Administrative Order 216– ° ° latitudes 70 N to 20 N; and future Stock Assessment Reports to read 6.) 3. The southern right whale ‘‘North Pacific Right Whale, Eubalaena This final rule does not contain (Eubalaena australis), historically japonica’’. policies with federalism implications ranging throughout the southern 2. All Biological Opinions prepared under Executive Order 13132. hemisphere’s oceans. under section 7 of the ESA will now Previous genetic studies concluded consider the North Pacific, North Literature Cited there was sufficient haplotypic Atlantic and southern right whales as Best, P.B., J.L. Bannister, R.L. divergence between North Atlantic and separate species for the purposes of Brownell Jr., and G.P. Donovan (Eds). South Atlantic right whales to indicate establishing baseline information and 2001. Right Whales: Worldwide Status. that the northern and southern conducting consultations on Federal The Journal of Cetacean Research and populations have not interbred for actions with the potential to affect the Management, Special Issue 2. approximately 3–12.5 million years taxa. International Whaling Commission, (Malik et al., 2000; Schaeff et al., 1997). 3. The ‘‘Final Recovery Plan for the Cambridge, UK. 309 pp. Through an analysis of mitochondrial Northern Right Whale, Eubalaena Cummings, W.C. 1985. Right Whales: DNA control region sequences isolated glacialis’’ (NMFS, 1991) has been Eubalaena glacialis (Muller, 1776) and from skin tissue biopsy, stranded divided, in the process of updating the Eubalaena australis (Desmoulins, 1822). animals, and historical whaling plan, into two separate draft recovery In: Ridgway, S.H. and R.J. Harrison, Eds. samples, Rosenbaum et al.(2000) plans: ‘‘Updated Recovery Plan for the Handbook of Marine Mammals, Vol. 3. supported these conclusions and, in North Atlantic right whale, Eubalaena The Sirenians and Baleen Whales. addition, demonstrated a relatively glacialis’’ and ‘‘Updated Recovery Plan Academic Press, London. 362 pp. strong historical separation of North for the North Pacific right whale, Hall, R.E. and K.E. Kelson. 1959. The Atlantic, North Pacific, and Southern Eubalaena japonica.’’ These will Mammals of North America. The Ronald Ocean right whale lineages (i.e., no become final as separate recovery plans. haplotypes were shared among these These changes result in technical Press Company, New York. 546 pp. three populations). Their findings led to revisions to provisions related to right Jefferson, T.A., S. Leatherwood, and the conclusion that these populations whales in 50 CFR parts 17, 222, and M.A. Webber. 1993. Marine Mammals of are three distinct evolutionary entities. 226. However, all right whales will the World. United Nations Environment In addition, the probability of future remain listed as endangered under the Programme, Food and Agriculture interbreeding among the three lineages Endangered Species Act and subject to Organization of the United Nations, is extremely low considering current the same protections as existed prior to Rome. 320 pp. distribution. The International Whaling these changes. Klinowska, M. 1991. Dolphins, Commission’s Scientific Committee Porpoises and Whales of the World. The formally recognized the three-species Classification IUCN Red Data Book. IUCN, Gland, classification for right whales at its 2000 The Assistant Administrator for Switzerland and Cambridge, U.K. 429 meeting in Adelaide, Australia (IWC Fisheries, NMFS (AA) finds that good pp.IWC. 2000. Report of the Scientific 2000). cause exists to waive the requirement Review Committee. 52nd Annual Conservation measures, recovery for prior notice and the opportunity for Meeting, Adelaide, Australia. planning, and Federal consultations comment, pursuant to authority set forth Lacepede. 1818. Mem. Mus. Hist. Nat. have been treated distinctly for each of at 5 U.S.C. 553(b)(B). Such procedures Paris 4:409, 473. these species. For over a decade, the would be unnecessary, as the taxonomic Malik, S; Brown, MW; Kraus, SD; treatment of these species as discrete changes made in this rule are technical White, BN. 2000. Analysis of entities has been well-established in and reflect actions already taken in the mitochondrial DNA diversity within agency science and management. Draft scientific community. This rule does not and between North and South Atlantic recovery plans are currently in review change the listing status of right whales right whales. Marine Mammal Science, for both North Atlantic and North under the ESA; therefore, it does not Vol. 16, no. 3, pp. 545–558. Pacific right whales, designated in these increase the scope of the regulated Muller. 1776. B[alaena] glacialis. plans as Eubalaena glacialis and community nor add any new Zool. Danicae prodr., 7 pp. Eubalaena japonica. Issues of critical requirements. Muller, J. 1954. Observations of the habitat have been addressed separately This action is not subject to review orbital regions of the skull of the for both species under U.S. management under Executive Order 12866. In Mystacoceti. Zoologische authority. addition, because a general notice of Mededelingen, 32, 239–290. Refining the taxonomy of these proposed rulemaking is not required National Marine Fisheries Service. endangered cetaceans is critical to the under 5 U.S.C. 553, or any other law, 1991. Final recovery plan for the recovery planning and conservation of the analytical requirements of the Northern right whale Eubalaena

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glacialis. U.S. Dept. of Commerce, North and South Atlantic right whales 50 CFR CHAPTER 1 NMFS, Silver Spring, MD. 86 pp. (Eubalaena), using DNA fingerprinting. Rice, D.W. 1977. A list of marine Canadian Journal of Zoology, Vol. 75, PART 17—ENDANGERED AND mammals of the world. U.S. Dept. of no. 7, pp. 1073–1080. THREATENED WILDLIFE AND PLANTS Commerce, NOAA Technical Report U.S. Fish and Wildlife Service. 1973. ■ 1. The authority citation for part 17 NMFS SSRF–711, 15 pp. Threatened wildlife of the United Rice D.W. 1998. Marine Mammals of continues to read as follows: States. Bureau of Sport Fisheries and the World: Systematics and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Wildlife, Washington DC 289 pp. Distribution. Allen Press–The Society 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– for Marine Mammalogy, Lawrence, List of Subjects in 50 CFR Parts 17, 222 625, 100 Stat. 3500; unless otherwise noted. Kansas. and 226 ■ 2. In § 17.11, paragraph (h), in the table Rosenbaum, CH; Brownell, LR; that contains the list of endangered and Brown, WM; et al. 2000. World-wide Endangered and threatened species. threatened wildlife, remove the ‘‘Whale, genetic differentiation of Eubalaena: Dated: April 2, 2003. right’’ entry in between ‘‘Whale, hump- questioning the number of right whale William T. Hogarth, back’’ and ‘‘Whale, Sei’’ and add in its species. Molecular Ecology, Vol. 9, no. Assistant Administrator for Fisheries, place the following three entries to read 11, pp. 1793–1802. National Marine Fisheries Service. as follows: Schaeff, CM; Kraus, SD; Brown, MW; ■ For the reasons set out in the preamble, § 17.11 Endangered and threatened Perkins, JS; Payne, R; White, BN. 1997. 50 CFR part 17, 50 CFR part 222, and 50 wildlife. Comparison of genetic variability of CFR part 226 are amended as follows: (h) * * *

Species Vertebrate population where en- When Critical Special Historic Range dangered Status listed habitat rules Common Name Scientific Name or threatened

******* Mammals ......

******* Whale, North Atlantic right... Eubalaena glacialis Oceanic Entire E 3 226.203 224.103 Whale, North Pacific right... Eubalaena japonica do..... do..... do..... do..... NA NA Whale, Southern right...... Eubalaena australis do..... do..... do..... do..... NA NA

*******

50 CFR CHAPTER II Right whale means, as used in § Authority: 16 U.S.C. 1533. 224.103 of this chapter, any whale that ■ 6. In § 226.203, the section heading PART 222—GENERAL ENDANGERED is a member of the western North and the introductory text are revised to AND THREATENED MARINE SPECIES Atlantic population of the North read as follows: Atlantic right whale species (Eubalaena ■ 3. The authority citation for part 222 glacialis). continues to read as follows: § 226.203 Critical Habitat for North Atlantic * * * * * right whales. Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.; 31 U.S.C. 9701. 50 CFR CHAPTER II NORTH ATLANTIC RIGHT WHALE ■ 4. In § 222.102, the definition for (Eubalaena glacialis) PART 226—DESIGNATED CRITICAL ‘‘Right whale’’ is revised to read as fol- HABITAT * * * * * lows: [FR Doc. 03–8683 Filed 4–9–03; 8:45 am] ■ § 222.102 Definitions. 5. The authority citation for part 226 BILLING CODE 3510–22–S continues to read as follows: * * * * *

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Proposed Rules Federal Register Vol. 68, No. 69

Thursday, April 10, 2003

This section of the FEDERAL REGISTER [email protected]. Comments postcard, write ‘‘Comments to Docket contains notices to the public of the proposed sent electronically must contain No. 2003–CE–15–AD.’’ We will date issuance of rules and regulations. The ‘‘Docket No. 2003–CE–15–AD’’ in the stamp and mail the postcard back to purpose of these notices is to give interested subject line. If you send comments you. persons an opportunity to participate in the electronically as attached electronic rule making prior to the adoption of the final Discussion rules. files, the files must be formatted in Microsoft Word 97 for Windows or What events have caused this ASCII text. proposed AD? The Civil Airworthiness DEPARTMENT OF TRANSPORTATION You may get service information that Authority (CAA), which is the applies to this proposed AD from Short airworthiness authority for the United Federal Aviation Administration Brothers PLC, P.O. Box 241, Airport Kingdom, recently notified FAA that an Road, Belfast BT3 9DZ Northern Ireland; unsafe condition may exist on all 14 CFR Part 39 telephone: +44 (0) 28 9045 8444; Models SC–7 Series 2 and SC–7 Series [Docket No. 2003–CE–15–AD] facsimile: +44 (0) 28 9073 3396. You 3 airplanes. The CAA reports 27 flight may also view this information at the control rods with corrosion beyond RIN 2120–AA64 Rules Docket at the address above. acceptable limits and 15 rods with FOR FURTHER INFORMATION CONTACT: cracks. This is on a total of 26 different Airworthiness Directives; Short Doug Rudolph, Aerospace Engineer, aircraft. Brothers and Harland Ltd. Models SC– FAA, Small Airplane Directorate, 901 What are the consequences if the 7 Series 2 and SC–7 Series 3 Airplanes Locust, Room 301, Kansas City, condition is not corrected? Cracked or AGENCY: Federal Aviation Missouri 64106; telephone: (816) 329– corroded flight control rods, if not Administration, DOT. 4059; facsimile: (816) 329–4090. detected or corrected, could lead to ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: complete failure of the flight control (NPRM). system with consequent loss of control Comments Invited of the airplane. SUMMARY: This document proposes to How do I comment on this proposed Is there service information that adopt a new airworthiness directive AD? The FAA invites comments on this applies to this subject? Shorts has (AD) that would apply to all Short proposed rule. You may submit issued Service Bulletin Number 27–77, Brothers and Harland Ltd. (Shorts) whatever written data, views, or Original Issue 27/FEB/03. Models SC–7 Series 2 and SC–7 Series arguments you choose. You need to What are the provisions of this service 3 airplanes. This proposed AD would include the proposed rule’s docket information? This service bulletin require you to repetitively inspect all number and submit your comments to includes procedures for: flight control system rods for corrosion the address specified under the caption and cracks, replace any cracked rod, and —Inspecting all flight control rods for ADDRESSES. We will consider all cracks or corrosion; repair corrosion damage or replace any comments received on or before the corroded rod depending on the extent of —Correcting corrosion damage that is closing date. We may amend this not beyond the acceptable limits; and the damage. This proposed AD is the proposed rule in light of comments —Replacing any cracked or corroded result of mandatory continuing received. Factual information that (past acceptable limits) control rods. airworthiness information (MCAI) supports your ideas and suggestions is issued by the airworthiness authority for extremely helpful in evaluating the What action did the CAA take? The the United Kingdom. The actions effectiveness of this proposed AD action CAA classified this service bulletin as specified by this proposed AD are and determining whether we need to mandatory in order to ensure the intended to prevent failure of any flight take additional rulemaking action. continued airworthiness of these control system rod caused by cracks or Are there any specific portions of this airplanes in the United Kingdom. The corrosion. Such failure could lead to proposed AD I should pay attention to? CAA classifying a service bulletin as complete failure of the flight control The FAA specifically invites comments mandatory is the equivalent for system with consequent loss of control on the overall regulatory, economic, airplanes of British registry as an AD is of the airplane. environmental, and energy aspects of for airplanes of American registry. DATES: The Federal Aviation this proposed rule that might suggest a Was this in accordance with the Administration (FAA) must receive any need to modify the rule. You may view bilateral airworthiness agreement? comments on this proposed rule on or all comments we receive before and These airplane models are before May 19, 2003. after the closing date of the rule in the manufactured in the United Kingdom ADDRESSES: Submit comments to FAA, Rules Docket. We will file a report in and are type certificated for operation in Central Region, Office of the Regional the Rules Docket that summarizes each the United States under the provisions Counsel, Attention: Rules Docket No. contact we have with the public that of section 21.29 of the Federal Aviation 2003–CE–15–AD, 901 Locust, Room concerns the substantive parts of this Regulations (14 CFR 21.29) and the 506, Kansas City, Missouri 64106. You proposed AD. applicable bilateral airworthiness may view any comments at this location How can I be sure FAA receives my agreement. between 8 a.m. and 4 p.m., Monday comment? If you want FAA to Pursuant to this bilateral through Friday, except Federal holidays. acknowledge the receipt of your mailed airworthiness agreement, the CAA has You may also send comments comments, you must include a self- kept FAA informed of the situation electronically to the following address: addressed, stamped postcard. On the described above.

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The FAA’s Determination and an —AD action should be taken in order to 2002), which governs FAA’s AD system. Explanation of the Provisions of This correct this unsafe condition. This regulation now includes material Proposed AD What would this proposed AD that relates to special flight permits, require? This proposed AD would alternative methods of compliance, and What has FAA decided? The FAA has require you to repetitively inspect all altered products. This material examined the findings of the CAA; flight control system rods for corrosion previously was included in each reviewed all available information, and cracks, replace any cracked rod, and individual AD. Since this material is including the service information repair corrosion damage or replace any included in 14 CFR part 39, we will not referenced above; and determined that: corroded rod depending on the extent of include it in future AD actions. —The unsafe condition referenced in the damage. Cost Impact this document exists or could develop The proposed AD would give initial inspection credit to those operators who How many airplanes would this on other Shorts Models SC–7 Series 2 had previously inspected the flight proposed AD impact? We estimate that and SC–7 Series 3 airplanes of the control rods in accordance with Shorts this proposed AD affects 24 airplanes in same type design that are on the U.S. Service Bulletin 27–74 (any revision the U.S. registry. registry; level). What would be the cost impact of this —The actions specified in the How does the revision to 14 CFR part proposed AD on owners/operators of the previously-referenced service 39 affect this proposed AD? On July 10, affected airplanes? We estimate the information should be accomplished 2002, FAA published a new version of following costs to accomplish the initial on the affected airplanes; and 14 CFR part 39 (67 FR 47997, July 22, inspection:

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

250 hours × $60 per hour = $15,000...... No parts necessary to accomplish in- $15,000 per airplane ...... $15,000 × 24 spection. airplanes = $360,000

The follow-up inspections would be proposed herein would not have a the Federal Aviation Administration substantially less than the initial substantial direct effect on the States, on proposes to amend part 39 of the inspection because the flight control the relationship between the national Federal Aviation Regulations (14 CFR rods only have to be removed in the government and the States, or on the part 39) as follows: initial inspection. Replacement control distribution of power and rods cost $2,000. We have no way of responsibilities among the various PART 39—AIRWORTHINESS determining the number of airplanes levels of government. Therefore, it is DIRECTIVES that may need such repair/replacement. determined that this proposed rule would not have federalism implications Compliance Time of This Proposed AD 1. The authority citation for part 39 under Executive Order 13132. continues to read as follows: What would be the compliance time Would this proposed AD involve a of this proposed AD? The initial significant rule or regulatory action? For Authority: 49 U.S.C. 106(g), 40113, 44701. inspection compliance time of this the reasons discussed above, I certify § 39.13 [Amended] proposed AD is ‘‘within the next 3 that this proposed action (1) is not a months after the effective date of this ‘‘significant regulatory action’’ under 2. FAA amends § 39.13 by adding a AD or within 24 months after the last Executive Order 12866; (2) is not a new airworthiness directive (AD) to inspection accomplished in accordance ‘‘significant rule’’ under DOT read as follows: with Shorts Service Bulletin 27–74 (any Regulatory Policies and Procedures (44 Short Brothers and Harland Ltd.: Docket No. revision level), whichever occurs later.’’ FR 11034, February 26, 1979); and (3) if 2003–CE–15–AD. The repetitive inspection compliance promulgated, will not have a significant (a) What airplanes are affected by this AD? time of the proposed AD is ‘‘thereafter economic impact, positive or negative, This AD affects Models SC–7 Series 2 and at intervals not to exceed 24 months.’’ on a substantial number of small entities SC–7 Series 3 airplanes, all serial numbers, Why is the compliance time presented under the criteria of the Regulatory that are certificated in any category. in calendar time instead of hours time- Flexibility Act. A copy of the draft in-service (TIS)? The unsafe condition (b) Who must comply with this AD? regulatory evaluation prepared for this Anyone who wishes to operate any of the specified by the proposed AD is caused action has been placed in the Rules by corrosion. Corrosion can occur airplanes identified in paragraph (a) of this Docket. A copy of it may be obtained by AD must comply with this AD. regardless of whether the aircraft is in contacting the Rules Docket at the operation or is in storage. Therefore, to (c) What problem does this AD address? location provided under the caption The actions specified by this AD are intended ensure that the unsafe condition ADDRESSES. specified in the proposed AD does not to prevent failure of any flight control system rod caused by cracks or corrosion. Such go undetected for a long period of time, List of Subjects in 14 CFR Part 39 failure could lead to complete failure of the the compliance is presented in calendar Air transportation, Aircraft, Aviation flight control system with consequent loss of time instead of hours TIS. safety, Safety. control of the airplane. Regulatory Impact The Proposed Amendment (d) What actions must I accomplish to Would this proposed AD impact Accordingly, under the authority address this problem? To address this various entities? The regulations delegated to me by the Administrator, problem, you must accomplish the following:

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Actions Compliance Procedures

(1) Inspect all flight control system rods for Initially inspect within the next 3 months after In accordance with the ACCOMPLISHMENT cracks and corrosion damage. the effective date of this AD or within 24 INSTRUCTIONS section of Shorts Service months after the last inspection accom- Bulletin Number 27–77, Original Issue 27/ plished in accordance with Shorts Service FEB/03. Bulletin 27–74 (any revision level), whichever occurs later, unless already accomplished. Repetitively inspect thereafter at intervals not to exceed 24 months. (2) If corrosion is found during any inspection Prior to further flight after the inspection In accordance with the ACCOMPLISHMENT that does not exceed the limits specified in where the damage is found. INSTRUCTIONS section of Shorts Service Shorts Service Bulletin 27–77, repair the cor- Bulletin Number 27–77, Original Issue 27/ rosion damage on the affected flight control FEB/03. rod. (3) If any crack is found or if corrosion damage Prior to further flight after the inspection In accordance with the ACCOMPLISHMENT that exceeds the limits specified in Shorts where the damage or cracks are found. INSTRUCTIONS section of Shorts Service Service Bulletin 27–77 is found during any in- Bulletin Number 27–77, Original Issue 27/ spection required by this AD, replace the af- FEB/03. fected flight control rod. (4) Do not install any used flight control rod on As of the effective date of this AD ...... In accordance with the ACCOMPLISHMENT any affected airplane unless it has been in- INSTRUCTIONS section of Shorts Service spected and found to be corrosion and crack Bulletin Number 27–77, Original Issue 27/ free as specified in this AD. Then repetitively FEB/03. inspect as required in paragraph (d)(1) of this AD.

(e) Can I comply with this AD in any other DEPARTMENT OF THE INTERIOR Street, Building 85, Auditoriums A–D, way? To use an alternative method of Denver, Colorado, 80226–0165, compliance or adjust the compliance time, Minerals Management Service telephone number (303) 231–3302. follow the procedures in 14 CFR 39.19. Send Workshop 2 will be held at the these requests to the Manager, Standards 30 CFR Part 206 Double Tree Hotel Albuquerque, 201 Office, Small Airplane Directorate. For RIN 1010–AD05 Marquette NW, Albuquerque, New information on any already approved Mexico 87102, telephone number (505) alternative methods of compliance, contact Workshops To Discuss Specific Issues 247–7000. Doug Rudolph, Aerospace Engineer, FAA, Regarding the Existing Rule—Revision Workshop 3 will be held at the Westin Small Airplane Directorate, 901 Locust, of Gas Royalty Valuation Regulations Galleria, 5060 West Alabama, Houston, Room 301, Kansas City, Missouri 64106; and Related Topics Texas 77056, telephone number (713) telephone: (816) 329–4059; facsimile: (816) 960–8100. 329–4090. AGENCY: Minerals Management Service, Workshop 4 will be held at the Main (f) How do I get copies of the documents Interior. Interior Building, 1849 C Street, NW, referenced in this AD? You may get copies of ACTION: Notice of public workshops. Washington, DC 20240 (South the documents referenced in this AD from Penthouse Room), telephone number, SUMMARY: The Minerals Management Short Brothers PLC, P.O. Box 241, Airport (202) 208–3512. Road, Belfast BT3 9DZ Northern Ireland; Service (MMS) is giving notice of four FOR FURTHER INFORMATION CONTACT: telephone: +44 (0) 28 9045 8444; facsimile: public workshops to discuss specific Paul +44 (0) 28 9073 3396. You may view these issues regarding the existing Federal gas Knueven, Minerals Management documents at FAA, Central Region, Office of royalty valuation regulations at 30 CFR Service, Minerals Revenue Management, the Regional Counsel, 901 Locust, Room 506, Part 206 for natural gas produced from PO Box 25165, MS 320B2, Denver, Kansas City, Missouri 64106. Federal leases. Colorado 80225–0165, telephone (303) 231–3316, fax number (303) 231–3781, DATES: The public workshop dates are: Note: The United Kingdom Civil e-mail [email protected]. Airworthiness Authority (CAA) classified Workshop 1—Denver, Colorado, on SUPPLEMENTARY INFORMATION: MMS Shorts Service Bulletin Number 27–77, April 23, 2003, beginning at 8:30 a.m. continues to evaluate the effectiveness Original Issue 27/FEB/03, as mandatory. The and ending at 2 p.m., Mountain time. and efficiency of its regulations. While CAA classifying a service bulletin as Workshop 2—Albuquerque, New we believe that the Federal gas mandatory is the equivalent for airplanes on Mexico, on April 24, 2003, beginning at the British registry as an AD is for airplanes 8:30 a.m. and ending at 2 p.m., valuation rule generally is on the U.S. registry. Mountain time. accomplishing its objective, that rule is Workshop 3—Houston, Texas, on now 15 years old. With the changes Issued in Kansas City, Missouri, on April April 29, 2003, beginning at 8:30 a.m. having taken place in the natural gas 4, 2003. and ending at 11 a.m., and continuing market over the past 15 years, our James E. Jackson, at 2 p.m. and ending at 5 p.m. Central experience with the 2000 Indian gas time. valuation rule, and 5 years of experience Acting Manager, Small Airplane Directorate, Workshop 4—Washington, DC, on with taking royalties in kind, we have Aircraft Certification Service. May 1, 2003, beginning at 8:30 a.m. and identified possible changes to the [FR Doc. 03–8750 Filed 4–9–03; 8:45 am] ending at 2 p.m. Eastern time. existing rule on which we seek public BILLING CODE 4910–13–P ADDRESSES: The workshop locations are: comment. Workshop 1 will be held at the Accordingly, MMS is seeking public Minerals Management Service, Denver comment and recommendations on the Federal Center, 6th Avenue and Kipling following specific issues:

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(1) Allowing lessees who sell their under the Surface Mining Control and reclamation operations on non-Federal production to an affiliate the option (for Reclamation Act of 1977 (SMCRA or the and non-Indian lands within its borders a 2 year period) of basing the royalty Act). Texas proposes to add a new rule by demonstrating that its program value on either a published index price to its administrative hearing procedures includes, among other things, ‘‘a State for gas or their affiliate’s arm’s-length concerning telephonic hearing law which provides for the regulation of resale price, (2) using NYMEX prices at proceedings. Texas intends to revise its surface coal mining and reclamation the Henry Hub rather than published program to improve operational operations in accordance with the spot prices for natural gas, (3) adjusting efficiency. requirements of this Act * * *; and natural gas index prices for location This document gives the times and rules and regulations consistent with differences between the index pricing locations that the Texas program and regulations issued by the Secretary point and the lease, (4) revising the proposed amendment to that program pursuant to this Act.’’ See 30 U.S.C. specific transportation costs that we are available for your inspection, the 1253(a)(1) and (7). On the basis of these identified in MMS’s 1998 amendment to comment period during which you may criteria, the Secretary of the Interior the gas transportation allowance submit written comments on the conditionally approved the Texas regulations, (5) determining the rate of amendment, and the procedures that we program effective February 16, 1980. return allowed for calculating actual will follow for the public hearing, if one You can find background information costs under non-arm’s-length is requested. on the Texas program, including the transportation agreements, (6) allowing DATES: We will accept written Secretary’s findings, the disposition of lessees to apply natural gas index prices comments on this amendment until 4 comments, and the conditions of to wellhead gas volumes to eliminate p.m., c.s.t. May 12, 2003. If requested, approval of the Texas program in the the current requirement of tracing gas we will hold a public hearing on the February 27, 1980, Federal Register (45 that is processed to remove natural gas amendment on May 5, 2003. We will FR 12998). You can also find later liquids, and (7) valuing and reporting accept requests to speak at a hearing actions concerning the Texas program natural gas disposed of under joint until 4 p.m., c.s.t. on April 25, 2003. and program amendments at 30 CFR operating agreements. 943.10, 943.15 and 943.16. ADDRESSES: You should mail or hand In addition to the specific issues deliver written comments and requests II. Description of the Proposed identified above, we encourage to speak at the hearing to Michael C. Amendment participants to comment on any other Wolfrom, Director, Tulsa Field Office, at significant issues impacting the value of By letter dated February 12, 2003 the address listed below. natural gas for royalty purposes. (Administrative Record No. TX–654), The workshops will be open to the You may review copies of the Texas Texas sent us an amendment to its public without advance registration. program, this amendment, a listing of program under SMCRA (30 U.S.C. 1201 Public attendance may be limited to the any scheduled public hearings, and all et seq.). Texas sent the amendment at its space available. We encourage a written comments received in response own initiative. Texas is proposing to workshop atmosphere; members of the to this document at the addresses listed add Texas Administrative Code (TAC) public are encouraged to participate. below during normal business hours, 1.130 to Title 16, Subchapter G, of the For building security measures, each Monday through Friday, excluding Railroad Commission of Texas’ person may be required to present a holidays. You may receive one free copy (Commission) General Rules of Practice picture identification to gain entry to of the amendment by contacting OSM’s and Procedure (GRPP). This new rule the meetings. Tulsa Field Office. contains the procedures for conducting Michael C. Wolfrom, Director, Tulsa all or part of a prehearing conference or Dated: March 31, 2003. Field Office, Office of Surface Mining hearing by telephone. Below is a Lucy Querques Denett, Reclamation and Enforcement, 5100 summary of the new rule proposed by Associate Director for Minerals, Revenue East Skelly Drive, Suite 470, Tulsa, Texas. The full text of the program Management. Oklahoma 74135–6547, Telephone: amendment is available for you to read [FR Doc. 03–8760 Filed 4–8–03; 12:13 pm] (918) 581–6430, Internet address: at the locations listed above under BILLING CODE 4310–MR–P [email protected]. ADDRESSES. Surface Mining and Reclamation A. Texas’ new rule at 16 TAC 1.130 Division, Railroad Commission of outlines the method to request a DEPARTMENT OF THE INTERIOR Texas, 1701 North Congress Avenue, telephonic proceeding, how the Office of Surface Mining Reclamation Capitol Station, P.O. Box 12967, proceeding will be conducted, the and Enforcement Austin, Texas 78711–2967, Telephone establishment of the record in such (512) 463–6900. proceedings, and the grounds for a 30 CFR Part 943 FOR FURTHER INFORMATION CONTACT: default judgment or a dismissal. Michael C. Wolfrom, Director, Tulsa 1. Section 1.130(a) allows the hearings [TX–043–FOR] Field Office. Telephone: (918) 581– examiner, on the timely written motion of a party or on the examiner’s own Texas Regulatory Program 6430. Internet address: [email protected]. motion, to conduct all or part of a AGENCY: Office of Surface Mining prehearing conference or hearing by SUPPLEMENTARY INFORMATION: Reclamation and Enforcement, Interior. telephone. All parties must consent to ACTION: Proposed rule; public comment I. Background on the Texas Program the telephonic proceeding. period and opportunity for public II. Description of the Proposed Amendment 2. Section 1.130(b) requires a written III. Public Comment Procedures hearing on proposed amendment. request that is filed at the Commission IV. Procedural Determinations and served on all parties. The request SUMMARY: We, the Office of Surface must include the pertinent telephone Mining Reclamation and Enforcement I. Background on the Texas Program number(s), the scope of the telephonic (OSM), are announcing receipt of a Section 503(a) of the Act permits a portion of the proceeding, and the proposed amendment to the Texas State to assume primacy for the identity of any witnesses that may regulatory program (Texas program) regulation of surface coal mining and testify telephonically. If expert

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witnesses will testify, the request must from all parties consenting to the III. Public Comment Procedures include their qualifications to testify as telephonic appearance or proceeding; Under the provisions of 30 CFR experts. and state whether the proceeding is 732.17(h), we are seeking your 3. Section 1.130(c) requires the being tape recorded or whether a court comments on whether the amendment hearings examiner to ensure that the reporter is recording the proceeding. satisfies the applicable program proceeding is fair and provides due The hearings examiner will administer approval criteria of 30 CFR 732.15. If we process. In determining if it is feasible the oath to each witness individually approve the amendment, it will become to conduct all or part of a proceeding before his or her testimony. part of the State program. telephonically, the hearings examiner 10. Section 1.130(j) provides that if must take into account the following the hearings examiner is prevented from Written Comments factors: (1) Timeliness of a party’s connecting all parties through Send your written or electronic request; (2) receipt of written circumstances that are beyond the comments to OSM at the address given agreements from all parties to conduct control of any party or the examiner, the above. Your written comments should all or part of the proceeding by examiner may postpone, continue, or be specific, pertain only to the issues telephone; (3) demonstrations from the recess the proceeding, as appropriate, proposed in this rulemaking, and parties on how witnesses will be until the earliest possible date and time include explanations in support of your separated, how coaching of witnesses for the proceeding to be reconvened. recommendations. We will not consider will be prevented, why observing only 11. Section 1.130(k) provides that if or respond to your comments when a witness’s oral demeanor is sufficient, the hearings examiner decides or any developing the final rule if they are and how the witnesses’ and parties’ party requests not to proceed with the received after the close of the comment identities will be established; (4) the telephonic proceeding at any time, or period (see DATES). We will make every number of parties and the number of asserts that the presence of the parties attempt to log all comments into the witnesses; (5) the number and type of or witnesses in the hearing room is administrative record, but comments exhibits; (6) the distance of the parties necessary for full disclosure of the facts, delivered to an address other than the or witnesses from Austin; (7) the nature the hearings examiner may postpone, Tulsa Field Office may not be logged in. of the hearing; and (8) any other continue, or recess the proceedings, as Electronic Comments pertinent factors which the hearings appropriate. The hearings examiner examiner believes may affect the must reschedule the proceedings to the Please submit Internet comments as proceeding. earliest possible date and time. The an ASCII or Microsoft Word file 4. Section 1.130(d) requires the examiner must state on the record or in avoiding the use of special characters hearings examiner to notify the parties, writing to all parties the reasons for and any form of encryption. Please also not less than ten days before the terminating the telephonic proceeding include ‘‘Attn: TX–043–FOR’’ and your proceeding, of his or her decision to and state the date, time, and location of name and return address in your conduct all or part of a proceeding the reconvened proceeding. Internet message. If you do not receive telephonically. a confirmation that we have received 12. Section 1.130(l) provides that the 5. Section 1.130(e) requires the parties your Internet message, contact the Tulsa Commission may consider the following to file and serve all documentary Field Office at (918) 581–6430. evidence, other than prefiled written events to constitute a failure to appear testimony, in advance of the proceeding. and grounds for default or dismissal: (1) Availability of Comments 6. Section 1.130(f) specifies that, Failure to answer the telephone for We will make comments, including subject only to the limitation of the more than 10 minutes after the names and addresses of respondents, physical arrangement, all substantive scheduled time for the proceeding; (2) available for public review during and procedural rights apply to failure to free the telephone for the normal business hours. We will not telephonic proceedings. proceeding for more than 10 minutes consider anonymous comments. If 7. Section 1.130(g) requires that the after the scheduled time for the individual respondents request time and location of telephonic proceeding; (3) failure to be ready to confidentiality, we will honor their proceedings be posted. Any person may, proceed with the proceeding within 10 request to the extent allowable by law. by advance request, be present in the minutes of the scheduled time; and (4) Individual respondents who wish to room with the hearings examiner. a party’s intentional disconnection from withhold their name or address from 8. Section 1.130(h) requires the the conference call. public review, except for the city or hearings examiner to conduct 13. Finally, Section 1.130(m) specifies town, must state this prominently at the telephonic proceedings using a speaker that in the event of accidental beginning of their comments. We will telephone. The hearings examiner must disconnection of one or more parties to make all submissions from make a tape recording of the telephonic the proceeding, the hearings examiner organizations or businesses, and from proceeding, or arrange to have the will immediately recess the hearing and individuals identifying themselves as proceeding recorded by a court reporter. attempt to re-establish the connection or representatives or officials of 9. Section 1.130(i) requires the connections. If reconnection is achieved organizations or businesses, available hearings examiner to initiate the within 30 minutes, the hearings for public review in their entirety. telephonic proceeding, including examiner may resume the telephonic arranging any necessary conference call. hearing, or may postpone, continue, or Public Hearing When all parties appearing recess the proceedings, as appropriate, If you wish to speak at the public telephonically are connected, the until the earliest possible date and time hearing, contact the person listed under hearings examiner will affirm the for the proceeding to be reconvened. FOR FURTHER INFORMATION CONTACT by 4 parties’ consent to the telephonic The examiner must state on the record p.m., c.s.t. on April 25, 2003. If you are proceeding. The hearings examiner will the date, time, and location of the disabled and need special then call the proceeding to order; ask all reconvened proceeding. If reconnection accommodations to attend a public parties to identify themselves, their cannot be achieved, then the hearings hearing, contact the person listed under locations, and their witnesses; affirm on examiner must recess the telephonic FOR FURTHER INFORMATION CONTACT. We the record the prior written agreement proceeding and reschedule the hearing. will arrange the location and time of the

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hearing with those persons requesting 730.11, 732.15, and 732.17(h)(10), effect on the supply, distribution, or use the hearing. If no one requests an decisions on proposed State regulatory of energy, a Statement of Energy Effects opportunity to speak, we will not hold programs and program amendments is not required. a hearing. submitted by the States must be based National Environmental Policy Act To assist the transcriber and ensure an solely on a determination of whether the accurate record, we request, if possible, submittal is consistent with SMCRA and This rule does not require an that each person who speaks at the its implementing Federal regulations environmental impact statement public hearing provide us with a written and whether the other requirements of because section 702(d) of SMCRA (30 copy of his or her comments. The public 30 CFR parts 730, 731, and 732 have U.S.C. 1292(d)) provides that agency hearing will continue on the specified been met. decisions on proposed State regulatory date until everyone scheduled to speak program provisions do not constitute has been given an opportunity to be Executive Order 13132—Federalism major Federal actions within the heard. If you are in the audience and This rule does not have federalism meaning of section 102(2)(C) of the have not been scheduled to speak and implications. SMCRA delineates the National Environmental Policy Act (42 wish to do so, you will be allowed to roles of the Federal and State U.S.C. 4332(2)(C). speak after those who have been governments with regard to the scheduled. We will end the hearing after regulation of surface coal mining and Paperwork Reduction Act everyone scheduled to speak and others reclamation operations. One of the This rule does not contain present in the audience who wish to purposes of SMCRA is to ‘‘establish a information collection requirements that speak, have been heard. nationwide program to protect society require approval by OMB under the and the environment from the adverse Paperwork Reduction Act (44 U.S.C. Public Meeting effects of surface coal mining 3507 et seq.). If only one person requests an operations.’’ Section 503(a)(1) of opportunity to speak, we may hold a SMCRA requires that State laws Regulatory Flexibility Act public meeting rather than a public regulating surface coal mining and The Department of the Interior hearing. If you wish to meet with us to reclamation operations be ‘‘in certifies that this rule will not have a discuss the amendment, please request accordance with’’ the requirements of significant economic impact on a a meeting by contacting the person SMCRA. Section 503(a)(7) requires that substantial number of small entities listed under FOR FURTHER INFORMATION State programs contain rules and under the Regulatory Flexibility Act (5 CONTACT. All such meetings are open to regulations ‘‘consistent with’’ U.S.C. 601 et seq.). This determination the public and, if possible, we will post regulations issued by the Secretary is based upon the fact that the notices of meetings at the locations pursuant to SMCRA. telephonic hearing provisions proposed listed under ADDRESSES. We will make by Texas are administrative and a written summary of each meeting a Executive Order 13175—Consultation procedural in nature and are not part of the administrative record. and Coordination With Indian Tribal expected to have a substantive effect on Governments IV. Procedural Determinations the regulated industry. In accordance with Executive Order Executive Order 12630—Takings 13175, we have evaluated the potential Small Business Regulatory Enforcement Fairness Act This rule does not have takings effects of this rule on Federally implications. This determination is recognized Indian tribes and have This rule is not a major rule under 5 based on the fact that the telephonic determined that the rule does not have U.S.C. 804(2), the Small Business hearing provisions proposed by Texas substantial direct effects on one or more Regulatory Enforcement Fairness Act. are administrative and procedural in Indian tribes, on the relationship This rule: (a) Does not have an annual nature and are not expected to have a between the Federal Government and effect on the economy of $100 million; substantive effect on the regulated Indian tribes, or on the distribution of (b) Will not cause a major increase in industry. power and responsibilities between the costs or prices for consumers, Federal Government and Indian tribes. individual industries, Federal, State, or Executive Order 12866—Regulatory This determination is based on the fact local governmental agencies or Planning and Review that the Texas program does not regulate geographic regions; and (c) Does not This rule is exempted from review by coal exploration and surface coal have significant adverse effects on the Office of Management and Budget mining and reclamation operations on competition, employment, investment, under Executive Order 12866. Indian lands. Therefore, the Texas productivity, innovation, or the ability program has no effect on Federally of U.S.-based enterprises to compete Executive Order 12988—Civil Justice recognized Indian tribes. with foreign-based enterprises. This Reform determination is based upon the fact Executive Order 13211—Regulations The Department of the Interior has that the telephonic hearing provisions That Significantly Affect the Supply, conducted the reviews required by proposed by Texas are administrative Distribution, or Use of Energy section 3 of Executive Order 12988 and and procedural in nature and are not has determined that this rule meets the On May 18, 2001, the President issued expected to have a substantive effect on applicable standards of subsections (a) Executive Order 13211 which requires the regulated industry. and (b) of that section. However, these agencies to prepare a Statement of standards are not applicable to the Energy Effects for a rule that is (1) Unfunded Mandates actual language of State regulatory considered significant under Executive This rule will not impose an programs and program amendments Order 12866, and (2) likely to have a unfunded mandate on State, local, or because each program is drafted and significant adverse effect on the supply, tribal governments or the private sector promulgated by a specific State, not by distribution, or use of energy. Because of $100 million or more in any given OSM. Under sections 503 and 505 of this rule is exempt from review under year. This determination is based upon SMCRA (30 U.S.C. 1253 and 1255) and Executive Order 12866 and is not the fact that the telephonic hearing the Federal regulations at 30 CFR expected to have a significant adverse provisions proposed by Texas are

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administrative and procedural in nature inspected at FinCEN between 10 a.m. requirement to establish an anti-money and are not expected to have a and 4 p.m., in the FinCEN Reading laundering program.1 The purpose of substantive effect on the regulated Room in Washington, DC. People the temporary exemption was to enable industry. wishing to inspect the comments Treasury and FinCEN to study the submitted must request an appointment affected industries and to consider the List of Subjects in 30 CFR Part 943 by telephoning (202) 354–6400 (not a extent to which anti-money laundering Intergovernmental relations, Surface toll-free number). program requirements should be mining, Underground mining. FOR FURTHER INFORMATION CONTACT: applied to them, taking into account the Dated: February 27, 2003. Office of Chief Counsel, FinCEN, (703) specific characteristics of the various Ervin J. Barchenger, 905–3590; Office of the General Counsel entities defined as ‘‘financial Acting Regional Director, Mid-Continent (Treasury), (202) 622–1927; or the Office institutions’’ by the BSA. Regional Coordinating Center. of the Assistant General Counsel for A real estate closing or settlement is [FR Doc. 03–8807 Filed 4–9–03; 8:45 am] Banking and Finance (Treasury), (202) the process in which the purchase price BILLING CODE 4310–05–P 622–0480 (not toll-free numbers). is paid to the seller and title is SUPPLEMENTARY INFORMATION: transferred to the buyer.2 The process I. Background may be carried out in different ways, DEPARTMENT OF THE TREASURY depending on a number of factors, On October 26, 2001, the President including location. In the eastern states, 31 CFR Part 103 signed into law the Uniting and typically the parties meet and exchange Strengthening America by Providing RIN 1506–AA28 documents in what is sometimes Appropriate Tools Required to Intercept referred to as a ‘‘New York style’’ or Financial Crimes Enforcement and Obstruct Terrorism (USA Patriot ‘‘table closing.’’ In the western states, Network; Anti-Money Laundering Act) Act of 2001 (Pub. L. 107–56) (‘‘the the parties may not meet, instead Program Requirements for ‘‘Persons Act’’). Title III of the Act, also known as relying on the services on an escrow Involved in Real Estate Closings and the International Money Laundering agent to handle the documents in what Settlements’’ Abatement and Financial Anti- is sometimes referred to as a ‘‘Western Terrorism Act of 2001, made a number style’’ or an ‘‘escrow closing.’’3 The AGENCY: Financial Crimes Enforcement of amendments to the anti-money person actually conducting the process Network (‘‘FinCEN’’), Treasury. laundering provisions of the Bank may be an attorney, a title insurance ACTION: Advance notice of proposed Secrecy Act (‘‘BSA’’), which are company, an escrow company, or rulemaking. codified in subchapter II of chapter 53 another party. of title 31, United States Code. These SUMMARY: FinCEN is in the process of amendments are intended to make it II. Issues for Comment implementing the requirements easier to prevent, detect, and prosecute 1. What Are the Money Laundering delegated to it under the USA Patriot international money laundering and the Risks in Real Estate Closings and Act of 2001, in particular the financing of terrorism. requirement pursuant to section 352 of Section 352(a) of the Act, which Settlements? the Act that financial institutions became effective on April 24, 2002, establish anti-money laundering The real estate industry could be amended section 5318(h) of the BSA. As vulnerable at all stages of the money programs. The term ‘‘financial amended, section 5318(h)(1) requires institution’’ includes ‘‘persons involved laundering process by virtue of dealing every financial institution including 4 in real estate closings and settlements.’’ with high value products. Money persons involved in real estate launderers have used real estate FinCEN is issuing this advance notice of settlements and closings under section proposed rulemaking (‘‘ANPRM’’) to transactions to attempt to disguise the 5312(a)(1)(U) to establish an anti-money illegal source of their proceeds. For solicit public comments on a wide range laundering program that includes, at a of questions pertaining to this example, narcotics traffickers have minimum: (i) The development of purchased property with monetary requirement, including how to define internal policies, procedures, and ‘‘persons involved in real estate closings instruments that they purchased in controls; (ii) the designation of a structured amounts (that is, multiple and settlements,’’ the money laundering compliance officer; (iii) an ongoing risks posed by such persons, and purchases each below the BSA reporting employee training program; and (iv) an thresholds that in aggregate exceeded whether any such persons should be independent audit function to test exempted from this requirement. programs. When prescribing minimum 1 DATES: Written comments may be See 31 CFR 103.170, as codified by interim final standards for anti-money laundering rule published at 67 FR 21110 (April 29, 2002, as submitted on or before June 9, 2003. programs, section 352 directs the amended at 67 FR 67547 (November 6, 2002) and ADDRESSES: Commenters are encouraged Secretary of the Treasury to ‘‘consider corrected at 67 FR 68935 (November 14, 2002). to submit comments by electronic mail the extent to which the requirements 2 Whether the process is referred to as a settlement or a closing may vary by jurisdiction. because paper mail in the Washington, imposed under [section 352 of the Act] See, e.g., 24 CFR 3500.2 explaining that settlement DC area may be delayed. Comments are commensurate with the size, for purposes of the Real Estate Settlement submitted by electronic mail may be location, and activities of the financial Procedures Act of 1974 (‘‘RESPA’’) may also be sent to [email protected] institutions to which such regulations called a ‘‘closing’’ depending on the jurisdiction. with the caption in the body of the text, apply.’’ The Secretary has delegated the 3 See, 11 Thompson on Real Property, sec. 94.04. 4 According to a report published by the National ‘‘ATTN: Section 352—Real estate authority to administer the BSA to the Institute of Justice, ‘‘real estate transactions offer settlements.’’ Comments may also be Director of FinCEN. excellent money laundering opportunities,’’ and, in submitted by paper mail to FinCEN, PO On April 29, 2002, and again on particular, opportunities to ‘‘legitimate and Box 39, Vienna, VA 22183–0039, November 6, 2002, FinCEN temporarily repatriate illegal funds.’’ Barbara Webster and Michael S. McCampbell, National Institute of ‘‘ATTN: Section 352 ‘‘ Real estate exempted certain financial institutions, Justice, International Money Laundering: Research settlements.’’ Comments should be sent including persons involved in real and Investigation Join Forces, September 1996, by one method only. Comments may be estate closings and settlements, from the pages 5 and 6.

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the thresholds).5 Narcotics traffickers undisclosed party and is reluctant or • An escrow agent, and have also tried to launder cash proceeds unwilling to provide information about • An appraiser, who may assess the by exchanging them for checks from a the party or the reason for the agency condition and value of the real estate, as real estate company.6 relationship; well as various inspectors. In money laundering, the initial or • Where a person does not appear to Moreover, the participants involved, placement stage is the stage at which be sufficiently knowledgeable about the and the nature of their involvement, funds from illegal activity, or funds purpose or use of the real estate being could vary with the contemplated use of intended to support illegal activity, are purchased; the real estate, the nature of the rights first introduced into the financial • Where the person appears to be to be acquired, or how these rights are system. This could occur, for example, buying and selling the same piece of to be held. Real estate may be acquired in the real estate industry through the real estate within a short period of time for any one or number of purposes, payment for real estate with a large cash or is buying multiple pieces of real including, without limitation, down payment. estate for no apparent legitimate residential, commercial, portfolio In the second or layering stage of purpose; investment, or development purposes. money laundering, the illicit funds are • Where the prospective purchaser or As for the nature of the rights to be further disguised and distanced from seller seeks to have the documents acquired, the real estate may be held in their illegal source through the use of a reflect something other than the true fee simple, under a lease agreement or series of frequently complex financial nature of the transaction; and as security for indebtedness. Finally, transactions. This could occur in the • Where the person provides real estate may be held directly or real estate industry when, for instance, suspicious documentation to verify his through various investment vehicles, multiple pieces of real estate are bought or her identity. such as real estate investment trusts, and resold, exchanged, swapped, or FinCEN solicits comment on the real estate limited partnerships, or syndicated, making it more difficult to experience of the real estate settlement entities commonly referred to as trace the true origin of the funds.7 industry with money laundering ‘‘syndicates’’ of real estate investors. The third or integration phase of schemes, the existence of any safeguards The guiding principle in defining the phrase ‘‘persons involved in real estate money laundering occurs when the in the industry to guard against money closings and settlement’’ is to include illegal funds appear to have been laundering, and what additional steps those persons whose services rendered derived from a legitimate source. In the may be necessary to protect the industry or products offered in connection with context of the real estate industry, this from abuse by money launderers, a real estate closing or settlement that could occur when real estate is sold by including those who finance terrorist can be abused by money launderers. a money launderer to a bona fide activity. purchaser and the purchaser, or his or Equally as important is identifying those her financial institution, provides the 2. How Should Persons Involved in Real persons who are positioned to identify money launderer with a check that the Estate Closings and Settlements Be the purpose and nature of the money launderer then has the ability to Defined? transaction. Another factor may be the importance of various participants to represent as the proceeds of a legitimate The BSA identifies a person involved successful completion of the business transaction. in a real estate closing or settlement as transaction, which may suggest that The real estate industry itself has a financial institution. The statute they are well positioned to identify taken steps to identify potential money includes no definition of the term and suspicious conduct. In addition, laundering vulnerabilities. For instance, FinCEN has not had an occasion to professionals may have very different the American Land Title Association define the term in a regulation. roles, in different transactions, that has identified several potential ‘‘red Moreover, the legislative history greatly impact on their exposure to flag’’ situations involving real estate provides no insight into how Congress money laundering. At one end of the transactions, including: intended the term to be defined. • Where a prospective buyer is spectrum may be those professionals Because section 5312(a)(1)(U) uses the involved in structuring a real estate deal paying for real estate with funds from a phrase ‘‘persons involved in real estate high risk country, such as a ‘‘non- (and thus in the best position to observe closings and settlements’’ (emphasis and prevent their use for money cooperative country or territory’’ as added), a reasonable interpretation of designated by the Financial Action Task laundering); at the other end, those the section could therefore cover whose role may be far from the financial Force (‘‘FATF’’) or a country designated participants other than those who by the Secretary as ‘‘a primary money aspects, such as property inspectors. actually conduct the real estate Finally, involvement with the actual laundering concern’’ pursuant to section 8 settlement or closing. flow of funds used to purchase the 311 of the Act; The universe of participants in real • Where the seller requests that the property is a significant factor. estate transactions is potentially broad, proceeds of a sale of real estate be sent As noted above, attorneys often play even in the simplest residential real to a high risk country; a key role in real estate closings and • Where a person is seeking to estate transaction. The typical settlements and thus merit purchase real estate in the name of a residential real estate transaction may consideration along with all the other involve the following participants: professionals involved in the closing nominee and has no apparent legitimate • A real estate broker or brokers, and settlement process. Section 352 explanation for the use of a nominee; • • Where a person is acting, or appears One or more attorneys, who requires that a financial institution take represent the purchaser or the seller, steps to detect and prevent itself from to be acting, as an agent for an • A bank, mortgage broker, or other being abused by money launderers, and 5 See, e.g., U.S. v. High, 117 F.3d 464 (11th Cir. financing entity, to comply with existing BSA • 1997). A title insurance company, requirements, such as reporting the 6 See U.S. v. Leslie, 103 F.3d 1093 (2d Cir. 1997). receipt of cash or cash equivalents in an 7 See U.S. v. Nattier, 127 F.3d 655 (8th Cir. 1997) 8 Thus, for example, in a settlement or closing (embezzler engaged in a number of real estate involving residential property, the term could cover amount over $10,000 on Form 8300. purchases through real estate firm in an attempt to participants other than the settlement agent listed This provision does not independently conceal the source of the funds). on the HUD–1 form, as required by RESPA. impose any reporting requirements on

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financial institutions. FinCEN therefore 3. Should Any Persons Involved in Real such as the requirement to report on does not believe that application of Estate Closings or Settlements Be Form 8300 the receipt of over $10,000 section 352 requirements to attorneys in Exempted From Coverage Under Section in currency and certain monetary connection with activities relating to 352? instruments. These businesses may also real estate closings or settlements raises FinCEN also solicits comments have procedures in place to protect issues of, or poses obligations regarding whether there should be an them against fraud. FinCEN therefore inconsistent with, the attorney-client exemption for any category of persons seeks comment on what types of privilege.9 In fact, attorneys already involved in real estate closings and programs persons involved in real estate must exercise due diligence when they settlements. In this connection, FinCEN closings and settlements have in place receive funds from clients where there anticipates that persons that are already to prevent fraud and illegal activities, is an indication that the funds may be subject to separate anti-money and the applicability of such programs tainted, and cannot simply accept funds laundering program rules (or that will to the prevention of money laundering. without the risk that their fees will be be subject to separate rules) will not also III. Conclusion 10 subject to forfeiture. When engaging in be subject to the anti-money laundering With this ANPRM, FinCEN is seeking conduct subject to anti-money rules for persons involved in real estate 11 input to assist it in determining how to laundering regulations, attorneys, like closings and settlements. Comments implement the requirements of section other professionals, should take the regarding possible exemptions should 352 with respect to persons involved in basic steps contemplated by section 352 be designed to enable FinCEN to real estate closings and settlements. to ensure that their services are not evaluate whether the risk of money FinCEN welcomes comments on all being abused by money launderers. laundering through a category of aspects of a potential regulation and persons is sufficiently small that a FinCEN accordingly seeks comment encourages all interested parties to proposed anti-money laundering provide their views. on which participants in the real estate program rule could be crafted that closing or settlement process are in a would exempt the category while also IV. Executive Order 12866 position where they can effectively providing adequate protection for the This ANPRM is not a ‘‘significant identify and guard against money industry from the risks of money regulatory action’’ for purposes of laundering in such transactions. laundering. In addition, FinCEN wishes Executive Order 12866. It neither Information and comment may, among to make it clear that it does not intend establishes nor proposes any regulatory other things, address both the extent to to cover purchasers and sellers of their requirements. Instead, it seeks public which various participants have access own real estate, although they, too, are comment on a wide range of questions to information regarding the nature and ‘‘persons involved in real estate concerning the extent to which the anti- purpose of the transactions at issue and settlements and closings.’’ The question money laundering program mandates of the importance of the participants’ of exemption is specifically directed to section 352 of the USA Patriot Act involvement to successful completion of real estate professionals, and those who should apply to persons involved in real the transactions. Information and trade in real estate on a commercial estate closings and settlements. basis. comment should focus on the real estate Dated: April 3, 2003. sector in general and on various 4. How Should the Anti-Money James F. Sloan, transaction types. FinCEN is Laundering Program Requirement for Director, Financial Crimes Enforcement particularly interested in receiving Persons Involved in Real Estate Closings Network. comments addressing commercial real and Settlements Be Structured? [FR Doc. 03–8688 Filed 4–9–03; 8:45 am] estate transactions. Comments are In applying section 352 of the Act to BILLING CODE 4810–02–P welcome from those involved centrally persons involved in real estate closings in the real estate settlement process, i.e., and settlements, FinCEN must consider those who may act as an agent for all the extent to which the standards for DEPARTMENT OF HOMELAND parties and are responsible for anti-money laundering programs are SECURITY reviewing the form and type of commensurate with the size, location, payment, as well as being aware of the and activities of persons in this Coast Guard parties to the real estate transaction, and industry. FinCEN recognizes that while those who view their involvement as large businesses are involved in real 33 CFR Part 117 more peripheral. estate closings and settlements, [CGD08–03–007] businesses in this industry may be 9 The recent resolution by the American Bar smaller companies or sole proprietors. RIN 1625–AA09 Association opposing the imposition of suspicious FinCEN thus seeks comment on any Drawbridge Operation Regulation; activity reporting obligations on attorneys particular concerns these smaller Apalachicola River, River Junction, FL recognizes the distinction between anti-money businesses may have regarding the programs and reporting requirements. See Task Force on Gatekeeper Regulation and the Profession, implementation of an anti-money AGENCY: Coast Guard, DHS. Report to the House of Delegates (available on laundering program. ACTION: Notice of proposed rulemaking. www.abanet.org/leadership/recommendations03/ FinCEN also recognizes that persons 104.pdf) (accepting the concepts of reasonable involved in real estate closings and SUMMARY: The Coast Guard proposes to compliance training and due diligence to minimize settlements may have some programs in establish a drawbridge operation risk of lawyers’ involvement in illegal money place to meet existing legal obligations, regulation for the draw of the CSX laundering activity). Railroad swing bridge across the 10 See U.S. v. Moffitt, Zwerling & Kemler, P.C., 83 11 For example, banks already must comply with Apalachicola River, mile 105.9, at River F.3d 660 (4th Cir. 1996) (firm that ‘‘tiptoed’’ around anti-money laundering rules. See 31 CFR 103.120. Junction (near Chattahoochee), Florida. the most pertinent questions regarding the source Similarly, loan and finance companies fall within of fees received from drug dealer required to forfeit the definition of a financial institution under the The regulation will allow for the bridge fees shown to be derived from proceeds of narcotics BSA, and are currently being studied by FinCEN for to be unmanned and remain closed trafficking). inclusion in the anti-money laundering rules. during hours of infrequent traffic with

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an advance notification requirement to Background and Purpose hours notice during off peak periods open the bridge. The CSX swing bridge across the would have minimal impact on DATES: Comments and related material Apalachicola River, mile 105.9, commercial vessel traffic. This proposed must reach the Coast Guard on or before presently opens on signal for the rule allows vessels ample opportunity to June 9, 2003. passage of vessels. The bridge owner has transit this waterway during normal requested to change the operation weekdays and with minimal notification ADDRESSES: You may mail comments at all other times. and related material to Commander regulations so that the bridge be (obc), Eighth Coast Guard District, 501 required to open on signal only from 8 Small Entities Magazine Street, New Orleans, a.m. until 4 p.m. Monday through Louisiana 70130–3396, or deliver them Friday. At all other times, the bridge Under the Regulatory Flexibility Act to room 1313 at the same address above would open on signal if at least four (5 U.S.C. 601–612), we have considered between 7 a.m. and 3 p.m., Monday hours advanced notification is given. whether this proposed rule would have through Friday, except Federal holidays. The request was made based upon a a significant economic impact on a The Commander, Eighth Coast Guard documented decrease in the number of substantial number of small entities. District, Bridge Administration Branch requests for openings in the last three The term ‘‘small entities’’ comprises maintains the public docket for this years. In 2000, the bridge opened 63 small businesses, not-for-profit rulemaking. Comments and material times for the passage of vessels. In 2001, organizations that are independently received from the public, as well as the bridge opened 38 times for the owned and operated and are not documents indicated in this preamble as passage of vessels. In the first five dominant in their fields, and being available in the docket, will months of 2002, the bridge opened 15 governmental jurisdictions with become part of this docket and will be times for the passage of vessels. populations of less than 50,000. available for inspection or copying by Information gathered regarding the The Coast Guard certifies under 5 appointment at the Bridge decrease in vessel movements indicates U.S.C. 605(b) that this proposed rule Administration Branch, Eighth Coast that the closure of a sand and gravel would not have a significant economic Guard District between 7 a.m. and 3 facility above the bridge and a impact on a substantial number of small p.m., Monday through Friday, except prolonged drought are the main entities. The proposed rule would affect Federal holidays. contributing factors. While water the following entities, some of which elevations may return to their pre- might be small entities: the owners and FOR FURTHER INFORMATION CONTACT: Mr. drought levels, there is presently no David Frank, Bridge Administration operators of vessels requiring a vertical evidence that the number of requests for Branch, at the address given above or clearance of greater than 17.4 feet above bridge openings will increase in the telephone (504) 589–2965. Ordinary High Water and needing to future due to limited industrial transit the bridge outside of the 8 a.m. SUPPLEMENTARY INFORMATION: development along the waterway. to 4 p.m. weekday time frame. The Request for Comments Discussion of Proposed Rule impacts to small entities will not be significant because of the limited We encourage you to participate in The proposed rule will have no effect number of openings required by these this rulemaking by submitting on the existing operation of the bridge vessels. comments and related material. If you between 8 a.m. and 4 p.m. Monday This is not considered to have a do so, please include your name and through Friday when the bridge will significant impact on a substantial address, identify the docket number for open on signal to accommodate marine number of small entities. this rulemaking (CGD08–03–007), traffic. At all other times the bridge will indicate the specific section of this only open if four hours advance notice If you think that your business, document to which each comment is provided. This change is proposed to organization, or governmental applies, and give the reason for each reduce the financial burden on the jurisdiction qualifies as a small entity comment. Please submit all comments drawbridge operator of maintaining and that this proposed rule would have and related material in an unbound bridge tenders at times that there is little a significant economic impact on it, format, no larger than 81⁄2 by 11 inches, or no vessel traffic. please submit a comment (see suitable for copying. If you would like ADDRESSES) explaining why you think it to know that they reached us, please Regulatory Evaluation qualifies and how and to what degree enclose a stamped, self-addressed This proposed rule is not a this proposed rule would economically postcard or envelope. We will consider ‘‘significant regulatory action’’ under affect it. all comments and material received section 3(f) of Executive Order 12866 Assistance for Small Entities during the comment period. We may and does not require an assessment of change this proposed rule in view of potential costs and benefits under Under section 213(a) of the Small them. section 6(a)(3) of that Order. The Office Business Regulatory Enforcement of Management and Budget has not Fairness Act of 1996 (Public Law 104– Public Meeting reviewed it under that Order. It is not 121), we want to assist small entities in We do not now plan to hold a public ‘‘significant’’ under the regulatory understanding this proposed rule so that meeting. However, you may submit a policies and procedures of the they can better evaluate its effects on request for a public meeting by writing Department of Homeland Security. them and participate in the rulemaking. to the Commander, Eighth Coast Guard We expect the economic impact of If the proposed rule would affect your District, Bridge Administration Branch this proposed rule to be so minimal that small business, organization, or at the address under ADDRESSES a full Regulatory Evaluation under the governmental jurisdiction and you have explaining why a public meeting would regulatory policies and procedures of questions concerning its provisions or be beneficial. If we determine that one DHS is unnecessary. options for compliance, please contact would aid this rulemaking, we will hold Prior to proposing this rule, the Coast the Bridge Administration Branch, one at a time and place announced by Guard analyzed the bridge usage records Eighth Coast Guard District at the a later notice in the Federal Register. and determined that requiring four address above.

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Collection of Information power and responsibilities between the Dated: March 27, 2003. This proposed rule would call for no Federal Government and Indian tribes. Roy J. Casto, Rear Admiral, U.S. Coast Guard, , new collection of information under the Energy Effects Paperwork Reduction Act of 1995 (44 Commander, Eighth Coast Guard District. U.S.C. 3501–3520.). We have analyzed this proposed rule [FR Doc. 03–8690 Filed 4–9–03; 8:45 am] under Executive Order 13211, Actions BILLING CODE 4910–15–P Federalism Concerning Regulations That A rule has implications for federalism Significantly Affect Energy Supply, under Executive Order 13132, Distribution, or Use. We have ENVIRONMENTAL PROTECTION Federalism, if it has a substantial direct determined that it is not a ‘‘significant AGENCY cost of compliance on them. We have energy action’’ under that order because analyzed this proposed rule under it is not a ‘‘significant regulatory action’’ 40 CFR Part 52 Executive Order 13132 and have under Executive Order 12866 and is not [Region 2 Docket No. NY57–252, FRL–7480– determined that this proposed rule does likely to have a significant adverse effect 4] not have implications for federalism. on the supply, distribution, or use of Unfunded Mandates Reform Act energy. It has not been designated by the Approval and Promulgation of Administrator of the Office of Implementation Plans; New York State The Unfunded Mandates Reform Act Information and Regulatory Affairs as a Implementation Plan Revision of 1995 (2 U.S.C. 1531–1538) requires significant energy action. Therefore, it AGENCY: Environmental Protection Federal agencies to assess the effects of does not require a Statement of Energy Agency (EPA). their discretionary regulatory actions. In Effects under Executive Order 13211. particular, the Act addresses actions ACTION: Proposed rule. that may result in the expenditure by a Environment State, local, or tribal government, in the SUMMARY: The Environmental Protection aggregate, or by the private sector of We considered the environmental Agency (EPA) is proposing to approve a $100,000,000 or more in any one year. impact of this proposed rule and revision to the New York State Though this proposed rule would not concluded that, under figure 2–1, Implementation Plan (SIP) for ozone result in such an expenditure, we do paragraph 32(e), of Commandant concerning the control of volatile discuss the effects of this rule elsewhere Instruction M16475.lD, this proposed organic compounds. The SIP revision in this preamble. rule is categorically excluded from consists of amendments to New York further environmental documentation. Codes, Rules and Regulations part 226, Taking of Private Property This action is categorically excluded ‘‘Solvent Metal Cleaning,’’ part 235, This proposed rule would not affect a under paragraph 32(e) as it is for the ‘‘Consumer Products’’ and the adoption taking of private property or otherwise purpose of promulgating an operation of new rule part 239, ‘‘Portable Fuel have taking implications under regulation for this drawbridge. A Container Spillage Control.’’ This SIP Executive Order 12630, Governmental ‘‘Categorical Exclusion Determination’’ revision consists of control measures Actions and Interference with is available in the docket where needed to meet the shortfall emissions Constitutionally Protected Property indicated under ADDRESSES. reduction identified by EPA in New York’s 1-hour ozone attainment Rights. List of Subjects in 33 CFR Part 117 demonstration SIP. The intended effect Civil Justice Reform Bridges. of this action is to approve control This proposed rule meets applicable strategies required by the Clean Air Act standards in sections 3(a) and 3(b)(2) of Regulations which will result in emission reductions Executive Order 12988, Civil Justice that will help achieve attainment of the For the reasons set out in the Reform, to minimize litigation, national ambient air quality standard for preamble, the Coast Guard proposes to eliminate ambiguity, and reduce ozone. burden. amend Part 117 of Title 33, Code of Federal Regulations, as follows: DATES: Comments must be received on Protection of Children or before May 12, 2003. We have analyzed this proposed rule PART 117—DRAWBRIDGE ADDRESSES: All comments should be under Executive Order 13045, OPERATION REGULATIONS addressed to: Raymond Werner, Chief, Protection of Children from Air Programs Branch, Environmental Environmental Health Risks and Safety 1. The authority citation for Part 117 Protection Agency, Region 2 Office, 290 Risks. This proposed rule is not continues to read as follows: Broadway, 25th Floor, New York, New economically significant and would not Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 York 10007–1866. create an environmental risk to health or CFR 1.05–1(g); section 117.255 also issued A copy of the New York submittals risk to safety that might under the authority of Pub. L. 102–587, 106 are available at the following addresses disproportionately affect children. Stat. 5039. for inspection during normal business hours: Indian Tribal Governments 2. § 117.258 is added to read as Environmental Protection Agency, This proposed rule does not have follows: Region 2 Office, Air Programs Branch, tribal implications under Executive 290 Broadway, 25th Floor, New York, § 117.258 Apalachicola River. Order 13175, Consultation and New York 10007–1866. Coordination with Indian Tribal The draw of the CSX Railroad bridge, New York State Department of Governments, because it would not have mile 105.9, at River Junction shall open Environmental Conservation, Division a substantial direct effect on one or on signal Monday through Friday from of Air Resources, 625 Broadway, more Indian tribes, on the relationship 8 a.m. until 4 p.m. At all other times, Albany, New York 12233. between the Federal Government and the bridge will open on signal if at least FOR FURTHER INFORMATION CONTACT: Kirk Indian tribes, or on the distribution of 4 hours notice is given. J. Wieber, Air Programs Branch,

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Environmental Protection Agency, 290 2003, Deputy Commissioner Johnson a manufacturer who was granted an IPE Broadway, 25th Floor, New York, New submitted to EPA a revision to the SIP or ACP pursuant to the California Air York 10007–1866, (212) 637–3381. which included state proposed revisions Resource Board (CARB) provisions in SUPPLEMENTARY INFORMATION: to NYCRR, part 226, ‘‘Solvent Metal sections 94511, 94503.5 and 94540– Cleaning.’’ All of these revisions will 94555 of title 17 of the California Code I. What Is Required by the Clean Air provide volatile organic compound of Regulations to apply for and obtain Act and How Does It Apply to New (VOC) emission reductions to address, an IPE or ACP in New York State. The York? in part, the shortfall identified by EPA. IPE or ACP can become effective in New Section 182 of the Clean Air Act (Act) New York used the OTC model rules as York State for the period of time that the specifies the required State guidelines to develop its rules. CARB IPE or ACP remains in effect, Implementation Plan (SIP) submissions provided that all the consumer products A. What Do the Revisions to Part 226, and requirements for areas classified as within the CARB IPE or ACP are ‘‘Solvent Metal Cleaning’’ Consist of? nonattainment for ozone and when regulated by part 235. Any manufacturer these submissions and requirements are Part 226 is intended to establish seeking such an exemption on this basis to be submitted to EPA by the states. hardware and operating requirements must submit to the NYSDEC, a copy of The specific requirements vary for vapor cleaning machines used to the CARB IPE or ACP decision (i.e., the depending upon the severity of the clean metal parts as well as solvent Executive Order) which includes all ozone problem. The New York-Northern volatility limits and operating practices conditions established by CARB New Jersey-Long Island area is classified for cold cleaners. The revisions to part applicable to the IPE or ACP. For those as a severe ozone nonattainment area. 226 include clarifications to the general consumer products that have not been Under section 182, severe ozone requirements; equipment specifications; granted an exemption by CARB, the nonattainment areas were required to and operating requirements, including manufacturer may apply to the NYSDEC submit demonstrations of how they recordkeeping requirements for cold for an IPE or ACP in accordance with would attain the 1-hour standard. On cleaning degreasers; and exemptions. the criteria specified in part 235. December 16, 1999 (64 FR 70364), EPA The revisions to part 226 also include a Part 235 also establishes procedures proposed approval of New York’s 1- solvent vapor pressure specification of for obtaining a variance. Any person hour ozone attainment demonstration 1.0 millimeters of mercury at 20 degrees who cannot comply with requirements SIP for the New York-Northern New Celsius which becomes mandatory set forth in part 235, due to Jersey-Long Island nonattainment area. January 1, 2004, unless a process- extraordinary reasons that are beyond In that rulemaking, EPA identified an specific Reasonably Available Control that person’s reasonable control, may emission reduction shortfall associated Technology (RACT) demonstration has apply in writing to the NYSDEC for a with New York’s 1-hour ozone been approved by the NYSDEC and variance. An application for a variance attainment demonstration SIP, and EPA. The alternate RACT provision is must specify the grounds upon which required New York to address the available for situations in which it can the variance is sought, the proposed shortfall. In a related matter, the Ozone be demonstrated that a solvent metal date(s) by which compliance with the Transport Commission (OTC) developed cleaning process cannot be controlled to part 235 VOC limits will be achieved control measures into model rules for a comply with the requirements of part and a compliance report reasonably number of source categories and 226 for reasons of technological and detailing the method(s) by which estimated emission reduction benefits economic infeasibility. compliance will be achieved. from implementing these model rules. B. What Do the Revisions to Part 235, C. What Do the Requirements of Part These model rules were designed for ‘‘Consumer Products’’ Consist of? 239, ‘‘Portable Fuel Container Spillage use by states in developing their own Control’’ Consist of? regulations to achieve additional The revisions to part 235 include VOC emission reductions to close emission content limits for 43 separate consumer Part 239 is intended to reduce shortfalls. product categories. Revised part 235 refueling emissions from those On February 4, 2002 (67 FR 5170), establishes that no person shall sell, equipment and engines in the off-road EPA approved New York’s 1-hour ozone supply, offer for sale, or manufacture categories that are predominantly attainment demonstration SIP. This consumer products on or after January refueled with portable fuel containers. approval included an enforceable 1, 2005, which contain VOCs in excess Part 239 applies to any person who commitment submitted by New York to of the VOC content limits specified by sells, supplies, offers for sale, or adopt additional control measures to New York for those products. Part 235 manufactures for sale in New York State close the shortfall identified by EPA for includes specific exemptions, as well as portable fuel container(s) or spout(s) or attainment of the 1-hour ozone certification and product labeling both for use in New York State. Part 239 standard. requirements, recordkeeping and includes exemptions; administrative reporting requirements, and test requirements which include date II. What Was Included in New York’s methods and procedures, and coding; compliance certification; Submittal? provisions for acquiring variances and labeling; recordkeeping requirements; a On December 30, 2002, Carl Johnson, approvals of innovative products manufacturer warranty requirement; Deputy Commissioner, New York State exemptions (IPEs) and alternative and test methods and procedures. Department of Environmental compliance plans (ACPs). Part 239 establishes performance Conservation (NYSDEC), submitted to The part 235 IPE and ACP provisions standards applicable on or after January EPA a revision to the SIP which provide alternatives to complying with 1, 2003, which are divided into two included state adopted revisions to two the VOC content limits specified in the sections. One standard specifically regulations. The two regulations consist Table of Standards in part 235. The addresses spill-proof systems and the of New York Codes, Rules and State has provided criteria for other addresses spill-proof spouts for Regulations (NYCRR), part 235, documentation of emissions and the use in portable fuel containers. Included ‘‘Consumer Products’’ and part 239, VOC content limit of the product as well are performance standards for automatic ‘‘Portable Fuel Container Spillage as procedures for submissions to apply shut off, automatic closure, container Control.’’ In addition, on January 17, for IPEs and ACPs. Part 235 also allows openings, fuel flow rates and fill levels.

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Part 239 also includes a permeation rate pursuant to part 235, ‘‘Consumer requirements under state law and does for spill-proof systems only. Products’’ or part 239, ‘‘Portable Fuel not impose any additional enforceable Part 239 allows the manufacturers of Container Spillage Control’’ are duty beyond that required by state law, noncompliant products a one year sell- acceptable, the specific application of it does not contain any unfunded through period. Manufacturers may those provisions (those that are granted mandate or significantly or uniquely continue to sell an existing product or accepted by NYSDEC) will not be affect small governments, as described provided that the products were recognized as meeting Federal in the Unfunded Mandates Reform Act manufactured before January 1, 2003, requirements until they are approved by of 1995 (Pub. L. 104–4). and the date of manufacture or a date EPA on a case-by-case basis as a SIP This proposed rule also does not have code representing the date of revision. Therefore, EPA is proposing to tribal implications because it will not manufacture is clearly displayed on that approve the regulations as part of the have a substantial direct effect on one or product. New York SIP with the exception that more Indian tribes, on the relationship Part 239 also establishes IPE the specific application of provisions between the Federal government and provisions which allow for alternatives associated with alternate test methods, Indian tribes, or on the distribution of to complying with the performance variances, innovative products and power and responsibilities between the standards specified in part 239. As in alternate compliance plans, must be Federal government and Indian tribes, the case of part 235, if a manufacturer submitted as SIP revisions. as specified by Executive Order 13175 was granted an IPE pursuant to the In addition, the revisions to part 226, (65 FR 67249, November 9, 2000). This CARB provisions, the IPE can become ‘‘Solvent Metal Cleaning’’ are being action also does not have federalism effective in New York State for the proposed under a procedure called implications because it does not have period of time that the CARB IPE parallel processing, whereby EPA substantial direct effects on the states, remains in effect. Section 2467.4 of title proposes rulemaking action concurrent on the relationship between the national 13 of the California Code of Regulations, with the state’s procedures for government and the states, or on the specifies the CARB provisions amending its regulations. If the distribution of power and applicable to portable fuel containers. proposed revision is substantially responsibilities among the various Any manufacturer seeking such an changed in areas other than those levels of government, as specified in exemption on this basis must submit to identified in this document, EPA will Executive Order 13132 (64 FR 43255, the NYSDEC, a copy of the CARB IPE evaluate those changes and may publish August 10, 1999). This action merely decision (i.e., the Executive Order), another notice of proposed rulemaking. proposes to approve a state rule which includes all conditions If no substantial changes are made to implementing a Federal standard, and established by CARB applicable to the part 226 as cited in this document, EPA does not alter the relationship or the IPE. For those portable fuel containers will publish a final rulemaking on the distribution of power and or spouts that have not been granted an revisions. The final rulemaking action responsibilities established in the Act. exemption by CARB, the manufacturer by EPA will occur only after the SIP This proposed rule also is not subject to may apply to the NYSDEC for an IPE in revision has been adopted by New York Executive Order 13045 ‘‘Protection of accordance with the criteria specified in and submitted formally to EPA for Children from Environmental Health part 239. incorporation into the SIP. It should be Risks and Safety Risks’’ (62 FR 19885, In addition, part 239 provides noted, that if for some reason the April 23, 1997), because it is not procedures for obtaining a variance. adoption process by New York for part Any person who cannot comply with 226 is delayed, it is likely that EPA will economically significant. the performance standards set forth in proceed with a final rulemaking action In reviewing SIP submissions, EPA’s part 239, due to extraordinary reasons on the revisions to parts 235 and 239 role is to approve state choices, that are beyond that person’s reasonable and address the final rulemaking action provided that they meet the criteria of control, may apply in writing to the for part 226 separately. the Act. In this context, in the absence NYSDEC for a variance. An application of a prior existing requirement for the for a variance must specify the grounds IV. Statutory and Executive Order state to use voluntary consensus upon which the variance is sought, the Reviews standards (VCS), EPA has no authority proposed date(s) by which compliance Under Executive Order 12866 (58 FR to disapprove a SIP submission for with the part 239 VOC limits will be 51735, October 4, 1993), this proposed failure to use VCS. It would thus be achieved and a compliance report action is not a ‘‘significant regulatory inconsistent with applicable law for reasonably detailing the method(s) by action’’ and therefore is not subject to EPA, when it reviews a SIP submission, which compliance will be achieved. review by the Office of Management and to use VCS in place of a SIP submission Budget. For this reason, this action is that otherwise satisfies the provisions of III. What Is EPA’s Conclusion? also not subject to Executive Order the Act. Thus, the requirements of EPA has evaluated New York’s 13211, ‘‘Actions Concerning Regulations section 12(d) of the National submittal for consistency with the Act, That Significantly Affect Energy Supply, Technology Transfer and Advancement EPA regulations, and EPA policy. EPA Distribution, or Use’’ (66 FR 28355, May Act of 1995 (15 U.S.C. 272 note) do not has determined that the revisions made 22, 2001). This proposed action merely apply. This proposed rule does not to part 226, part 235 and new part 239 proposes to approve state law as impose an information collection of title 6 of the New York Codes, Rules meeting Federal requirements and burden under the provisions of the and Regulations, entitled, ‘‘Solvent imposes no additional requirements Paperwork Reduction Act of 1995 (44 Metal Cleaning’’, ‘‘Consumer Products’’ beyond those imposed by state law. U.S.C. 3501 et seq.). and ‘‘Portable Fuel Container Spillage Accordingly, the Administrator certifies List of Subjects in 40 CFR Part 52 Control’’, respectively, meet the SIP that this proposed rule will not have a revision requirements of the Act with significant economic impact on a Environmental protection, Air the following exception. While the substantial number of small entities pollution control, Intergovernmental provisions related to alternate test under the Regulatory Flexibility Act (5 relations, Ozone, Reporting and methods, variances, innovative products U.S.C. 601 et seq.). Because this rule recordkeeping requirements, Volatile and alternate compliance plans proposes to approve pre-existing organic compounds.

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Authority: 42 U.S.C. 7401–7671q. Programs Branch (AR–18J), USEPA, Dated: March 6, 2003. Dated: March 31, 2003. Region 5, 77 West Jackson Boulevard, Jerri-Anne Garl, Jane M. Kenny, Chicago, Illinois 60604. Acting Regional Administrator, Region 5. Regional Administrator, Region 2. A copy of the state’s request is [FR Doc. 03–8535 Filed 4–9–03; 8:45 am] [FR Doc. 03–8826 Filed 4–9–03; 8:45 am] available for inspection at the above BILLING CODE 6560–50–U BILLING CODE 6560–50–P address. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION Alexis Cain, Environmental Scientist, AGENCY AGENCY Regulation Development Section, Air Programs Branch (AR–18J), USEPA, 40 CFR Part 271 40 CFR Part 52 Region 5, 77 West Jackson Boulevard, [FRL–7480–8] Chicago, Illinois 60604, (312) 886–7018. [WI–113–7343B; FRL–7466–7] Nebraska: Final Authorization of State SUPPLEMENTARY INFORMATION: Approval and Promulgation of State Hazardous Waste Management I. What Action Is EPA Taking Today? Program Revision Implementation Plans; Wisconsin II. Where Can I Find More Information About AGENCY: Environmental Protection this Proposal and Corresponding Direct AGENCY: Environmental Protection Agency (EPA). Final Rule? Agency (EPA). ACTION: ACTION: Proposed rule. Proposed rule. I. What Action Is EPA Taking Today? SUMMARY: The EPA is proposing to SUMMARY: Nebraska has applied to EPA EPA is proposing to approve, as part for Final authorization of the changes to approve a revision to Wisconsin’s State of the Wisconsin ozone SIP, rules that Implementation Plan (SIP) for the its hazardous waste program under the would allow sources to use emissions Resource Conservation and Recovery attainment of the one-hour ozone averaging and an emissions cap as a standard for the Milwaukee-Racine area. Act (RCRA). EPA proposes to grant final option for complying with ozone season authorization to Nebraska. In the ‘‘Rules This SIP revision, submitted to EPA on limits on emissions of NO . These December 16, 2002, provides new X and Regulations’’ section of this Federal limits apply to large electricity Register, EPA is authorizing the changes compliance options for sources subject generating units in southeast Wisconsin; to the state’s rules limiting emissions of by an immediate final rule. EPA did not EPA approved the rules setting these make a proposal prior to the immediate nitrogen oxides (NOX) from large NO emissions limits into Wisconsin’s electricity generating units in southeast X final rule because we believe this action SIP on November 13, 2001 (66 FR is not controversial and do not expect Wisconsin. Under the revised SIP, 56931). The limits are expressed in mass sources would have the option of comments that oppose it. We have of allowable emissions per unit of heat explained the reasons for this complying with emissions limits on a input (pounds per million Btu). per unit basis or complying as part of an authorization in the preamble to the emissions averaging plan that also Emissions averaging will allow units immediate final rule. Unless we receive includes an emissions cap. In addition, subject to the NOX emissions limits of written comments which oppose this the revision creates a new categorical NR 428 of the Wisconsin Administrative authorization during the comment emissions limit for new integrated Code to create emissions averaging period, the immediate final rule will gasification combined cycled units. plans in which the compliance of become effective on the date it In the ‘‘Rules and Regulations’’ multiple units would be assessed establishes, and we will not take further section of this Federal Register, EPA is collectively, based on their aggregate action on this proposal. If we receive approving the state’s request as a direct emissions rate. The allowable emissions comments that oppose this action, we final rule without prior proposal, rate for each unit is reduced by 0.01 will withdraw the immediate final rule because EPA views this action as pounds per million btu in determining and it will not take effect. We will then noncontroversial and anticipates no the aggregate allowable emissions rate. respond to public comments in a later adverse comments. The rationale for Beginning in 2008, sources that final rule based on this proposal. You approval is set forth in the direct final participate in an emissions averaging may not have another opportunity for rule. If EPA receives no written adverse plan must also collectively meet a NOX comment. If you want to comment on comments, EPA will take no further emissions cap that is consistent with the this action, you must do so at this time. action on this proposed rule. If EPA one-hour ozone attainment plan for DATES: Send your written comments by receives written adverse comments, we southeast Wisconsin. The use of May 12, 2003. will publish a timely withdrawal of the emissions averaging plans will provide ADDRESSES: Send written comments to direct final rule in the Federal Register compliance flexibility for NOX Lisa V. Haugen, U.S. EPA Region 7, and inform the public that the rule will emissions sources, while ensuring that ARTD/RESP, 901 North 5th Street, not take effect. In that event, EPA will NOX emissions are no higher than they Kansas City, Kansas. You can view and address all relevant public comments in would have been in the absence of copy Nebraska’s application during a subsequent final rule based on this averaging. normal business hours at the following proposed rule. In either event, EPA will II. Where Can I Find More Information addresses: Nebraska Department of not institute a second comment period About This Proposal and Environmental Quality, Suite 400, The on this action. Any parties interested in Corresponding Direct Final Rule? Atrium, 1200 ‘‘N’’ Street, Lincoln, commenting must do so at this time. Nebraska, 68509–8922, (402) 471–2186; DATES: EPA must receive comments on For additional information see the and EPA Region 7, Library, 901 North this action by May 12, 2003. direct final rule published in the rules 5th Street, Kansas City, Kansas 66101, ADDRESSES: You should mail written and regulations section of this Federal (913) 551–7877, Lisa V. Haugen. comments to: Carlton T. Nash, Chief, Register. FOR FURTHER INFORMATION CONTACT: Lisa Regulation Development Section, Air Authority: 42 U.S.C. 4201 et seq. V. Haugen, (913) 551–7877.

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SUPPLEMENTARY INFORMATION: For FOR FURTHER INFORMATION CONTACT: Kris ii. Standard Fee Calculations and Payment additional information, please see the Shurr, EPA Region VIII, 999 18th Street, Dates immediate final rule published in the Suite 300, Denver, Colorado 80202– C. Enforcement ‘‘Rules and Regulations’’ section of this 2466, phone number: (303) 312–6139. III. Procedural Matters A. Comment Period and Procedures Federal Register. SUPPLEMENTARY INFORMATION: For B. Ex Parte Rules Dated: March 17, 2003. additional information, please see the C. Initial Regulatory Flexibility Analysis Nat Scurry, immediate final rule published in the D. Authority and Further Information ‘‘Rules’’ section of this Federal Register. Attachment A—Initial Regulatory Flexibility Acting Regional Administrator, Region 7. Analysis [FR Doc. 03–8836 Filed 4–9–03; 8:45 am] Dated: March 25, 2003. Attachment B—Sources of Payment Unit BILLING CODE 6560–50–P Robert E. Roberts, Estimates for FY 2003 Regional Administrator, Region VIII. Attachment C—Calculation of Revenue [FR Doc. 03–8834 Filed 4–9–03; 8:45 am] Requirements and Pro-Rata Fees Attachment D—FY 2003 Schedule of ENVIRONMENTAL PROTECTION BILLING CODE 6560–50–P AGENCY Regulatory Fees Attachment E—Factors, Measurements, and 40 CFR Part 271 Calculations that Determine Station FEDERAL COMMUNICATIONS Contours and Population Coverages [FRL–7480–5] COMMISSION I. Introduction Utah: Final Authorization of State 47 CFR Part 1 1. In this Notice of Proposed Hazardous Waste Management Rulemaking, the Commission proposes [MD Docket No. 03–83; FCC 03–64] Program Revision to collect $269,000,000 in regulatory AGENCY: Environmental Protection Assessment and Collection of fees for Fiscal Year (FY) 2003. These Agency (EPA). Regulatory Fees for Fiscal Year 2003 fees are mandated by Congress and are collected to recover the regulatory costs ACTION: Proposed rule. AGENCY: Federal Communications associated with the Commission’s SUMMARY: The EPA proposes to grant Commission. enforcement, policy and rulemaking, Final authorization to the hazardous ACTION: Notice of proposed rulemaking. user information, and international waste program changes submitted by activities.1 SUMMARY: The Commission is proposing Utah. In the ‘‘Rules’’ section of this to revise its Schedule of Regulatory Fees II. Discussion Federal Register, we are authorizing the in order to recover the amount of A. Development of FY 2003 Fees State’s program changes as an regulatory fees that Congress has immediate final rule without a prior required it to collect for fiscal year 2003. i. Calculation of Revenue and Fee proposed rule because we believe this Section 9 of the Communications Act of Requirements action is not controversial. Unless we 1934, as amended, provides for the receive written comments opposing this 2. Each fiscal year, the Commission annual assessment and collection of proportionally allocates the total authorization during the comment regulatory fees under sections 9(b)(2) period, the immediate final rule will amount that must be collected via and (b)(3), respectively, for annual regulatory fees (Attachment C).2 For FY become effective and the Agency will ‘‘Mandatory Adjustments’’ and not take further action on this proposal. 2003, this allocation was done using FY ‘‘Permitted Amendments’’ to the 2002 revenues as a base. From this base, If we receive comments that oppose this Schedule of Regulatory Fees. action, we will publish a document in a revenue amount for each fee category DATES: the Federal Register withdrawing this Comments are due on or before was calculated. Each fee category was rule before it takes effect. EPA will April 25, 2003, and reply comments are then adjusted upward by 23 percent to address public comments in a later final due on or before May 5, 2003. reflect the increase in regulatory fees rule based on this proposal. EPA may FOR FURTHER INFORMATION CONTACT: from FY 2002 to FY 2003. These FY not provide further opportunity for Roland Helvajian, Office of Managing 2003 amounts were then divided by the Director at (202) 418–0444 or Rob number of payment units in each fee comment. Any parties interested in 3 commenting on this action must do so Fream, Office of Managing Director at category to determine the unit fee. In at this time. (202) 418–0408. 1 47 U.S.C. 159(a). SUPPLEMENTARY INFORMATION: DATES: We must receive your comments 2 The costs assigned to each service category are by May 12, 2003. Adopted: March 24, 2003. based upon the regulatory activities (enforcement, Released: March 26, 2003. ADDRESSES: Send written comments to policy and rulemaking, user information, and By the Commission: international activities) undertaken by the Kris Shurr, 8P–HW, U.S. EPA, Region Commission on behalf of units in each service VIII, 999 18th St, Suite 300, Denver, Table of Contents category. It is important to note that the required Colorado 80202–2466, phone number: I. Introduction increase in regulatory fee payments of (303) 312–6139. You can view and copy approximately 23 percent in FY 2003 is reflected in II. Discussion the revenue that is expected to be collected from Utah’s application at the following A. Development of FY 2003 Fees each service category. Because this expected addresses: Utah Department of i. Calculation of Revenue Requirements revenue is adjusted each year by the number of Environmental Quality (UDEQ), from 8 ii. Further Adjustments to Payment Units units in a service category, the actual fee itself is a.m. to 5 p.m., 288 North 1460 West, iii. Request for Comment on Possible sometimes increased by a number other than 23 Service Reclassification percent. For example, in industries where the Salt Lake City, Utah 84114–4880, number of units is declining and the expected contact: Susan Toronto, phone number: iv. Adjustment of Fee Waiver Policies v. Procedural Changes revenue is increasing, the impact on the fee increase may be greater. (801) 538–6776, and EPA Region VIII, vi. Future Streamlining of the Regulatory from 8 a.m. to 3 p.m., 999 18th Street, 3 In most instances, the fee amount is a flat fee Fee Assessment and Collection Process per licensee or regulatee. However, in some Suite 300, Denver, Colorado 80202– B. Procedures for Payment of Regulatory instances the fee amount represents a unit 2466, contact: Kris Shurr, phone Fees subscriber fee (such as for Cable, Commercial number: (303) 312–6139. i. De minimis Fee Payment Liability Continued

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instances of small fees, such as licenses from multiple sources to ensure increases in the overall general that are renewed over a multiyear term, accuracy of these estimates. population—resulting in an ever-larger the resulting unit fee was also divided 4. The NPRM also proposes adjusting number of stations grouped together in by the term of the license. These unit payment units for FY 2003 by the one million-plus category of the fees were then rounded in accordance expanding the AM and FM Radio grid—necessitated the need to review with 47 U.S.C. 159(b)(2). Station Regulatory Fees Grid. Since FY this grid. ii. Additional Adjustments to 1998, the Commission has used a grid Payment Units that divides broadcast station regulatory 5. The NPRM is therefore proposing a 3. In calculating the FY 2003 fees by class of service, population, and revised grid (six by seven) that includes regulatory fees proposed in Attachment type of service (AM/FM).4 This grid was a population category of ‘‘greater than D, the Commission further adjusted the originally adopted to provide equity and three million people.’’ In addition, the FY 2002 list of payment units fairness among radio stations with NPRM is also proposing to change the (Attachment B) based upon licensee varying signal strengths and market population threshold amounts to reflect data bases and industry and trade group reach. However, in recent years, a slightly wider population field. The projections. Whenever possible, the modifications to radio stations, a trend current and proposed radio station grids Commission verified these estimates toward more powerful stations, and follow:

CURRENT RADIO STATION REGULATORY FEE GRID [Six by Six]

FM classes A, B1 FM classes B, C, Population served AM class A AM class B AM class C AM class D & C3 C1 & C2

<=20,000

20,001–50,000

50.001–125,000

125,001–400,000

400,001–1,000,000

>1,000,000

PROPOSED RADIO STATION REGULATORY FEE GRID [Six by Seven]

FM classes A, B1 FM classes B, C, Population served AM class A AM class B AM class C AM class D & C3 C1 & C2

<=25,000

25,001–75,000

75,001–150,000

150,001–500,000

500,001–1,200,000

1,200,001– 3,000,000

>3,000,000

iii. Request for Comment on Possible present, LMDS services’ regulatory fees developments may be creating changes Service Reclassification are assessed based upon the Multipoint in these services such that Distribution Service (MDS) category. reclassification—of some sort—might be 6. In both 2001,5 and then again in 6 However, while evaluating these appropriate. MDS and LMDS are 2002, the Commission denied requests 7 to move the Local Multipoint requests it has become clear that licensed in different spectrum bands. Distribution Service (LMDS) to a product innovation, evolving service microwave fee category. Thus, at offerings, and further technological

Mobile Radio Service (CMRS) Cellular/Mobile and 4 Assessment and Collection of Regulatory Fees 6 See Assessment and Collection of Regulatory CMRS Messaging), a per unit fee (such as for for Fiscal Year 1998 (63 FR 35847), paragraph 37, Fees for Fiscal Year 2001, Memorandum Opinion International Bearer Circuits), or a fee factor per (July 1, 1998). and Order, MD Dkt. No. 01–76, FCC 02–320, revenue dollar (Interstate Telecommunications 5 See Assessment and Collection of Regulatory paragraphs 1, 6 (rel. Dec. 4, 2002). 7 Service Provider fee). Fees for Fiscal Year 2001, Report and Order, 16 FCC The majority of MDS operations is located in the 190 megahertz in the 2500–2690 MHz band. FCC Rcd 13525, 13532 (2001). Staff Releases Its Interim Report on Spectrum Study

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MDS is located below 3 GHz while categorized for regulatory fee purposes, bankruptcy or receivership is sufficient LMDS is in the higher microwave including whether an entirely new fee to establish financial hardship * * *. frequencies. Accordingly, we request category should be established just for Thus, we will waive the regulatory fees comment on how LMDS should be LMDS, in order to build a complete for licensees whose stations are categorized for regulatory fee purposes. record on whether LMDS is properly bankrupt, undergoing Chapter 11 We note that in a separate proceeding, classified within its current fee category reorganizations or in receivership.’’ 15,16 we have sought comment on possible of ‘‘Multipoint Distribution.’’ 9 We also 11. Although fee waivers will long-term modification of our regulatory seek comment on whether LMDS should generally be given in cases of financial fees for MDS in conjunction with be classified in the same manner as hardship, we nevertheless note that proposed major changes to our MDS other point-to-point fixed microwave even under our current policies, in some rules to facilitate use of the 2500–2690 services, or on the basis of other circumstances a significant question MHz band for mobile and advanced geographically licensed services. may exist as to whether bankruptcy services.8 iv. Adjustment of Fee Waiver Policies represents extraordinary and compelling 7. Those who argue for such a circumstances justifying a waiver when reclassification of LMDS for regulatory 10. Section 9 of the Communications balanced against the public interest in fee purposes have pointed out other Act (47 U.S.C. 159) requires the reimbursing the Commission for its differences between MDS and LMDS, Commission to assess and collect costs as reflected in the statutory fee such as individually licensed station regulatory fees to cover the costs of provisions. A policy of automatically hub sites (MDS) versus geographically certain regulatory activities. The statute granting a waiver, in the case of large based licenses (LMDS), differing also specifies when these fees may be entities owing millions of dollars in 10 markets, and different financial/ waived. Additionally, Section 8 of the fees, for example, might have significant investment requirements. Proponents of Communications Act (47 U.S.C. 158) impact on the Commission’s overall moving LMDS to another category also requires the Commission to collect ability to collect fees to reimburse the note the differences in the spectrum application fees to reimburse the United government for its costs as required by propagation characteristics of MDS and States for amounts appropriated to the law. Therefore, under such LMDS—with LMDS having more Commission (see 47 U.S.C. 158(e)). 11 circumstances a waiver may well not propagation limitations. These fees may also be waived. The promote the public interest, as provided 8. Those opposing such a re- Commission clarified the general in sections 8(d)(2) and 9(d). We classification of LMDS for regulatory fee policies applicable to waivers, including therefore emphasize that under the those based on financial hardship, in purposes note that there are many statutory waiver provisions, case-by- Implementation of Section 9 of the similarities between the services of case review of fee waiver requests is Communications Act12, that ‘‘We will LMDS and MDS, including that they necessary to determine the public both provide high speed voice and data grant waivers of the fees on a sufficient interest, even in bankruptcy cases. services. They also point out that past showing of financial hardship.’’ 13 We 12. We also seek comment on whether arguments for making a change have further stated that: ‘‘It will be incumbent we should set a cap on the amount of only come forward after the upon each regulatee to fully document fees that we will generally waive in Commission has issued its final annual its financial position and show that it circumstances involving bankruptcy or fee assessments. lacks sufficient funds to pay the otherwise. Fees owed above this cap 9. The Commission’s denial of the regulatory fees and to maintain its past requests to move LMDS to a service to the public.’’ 14 Additionally, would, of course, be subject to the microwave fee category—or any other we explained that ‘‘Evidence of provisions of the Bankruptcy Act (11 category—has not been based on U.S.C. 101 et seq.) and the disposition rejection or acceptance of either set of 9 Effective March 25, 2002, the Commission of the relevant bankruptcy court. By arguments, but simply the fact that transferred regulatory functions for Instructional leaving the ultimate disposition of these insufficient evidence has been provided. Fixed Service, Multipoint Distribution Service, and large fees to bankruptcy law, rather than the Multichannel Multipoint Distribution Service, waiving them, we believe that we would Thus, the NPRM asks for public from the Mass Media Bureau to the Wireless comment on how LMDS should be Telecommunications Bureau (See 47 CFR section be giving appropriate weight to our 1.1153). The Commission intends to modify its congressionally-mandated obligation to rules on annual regulatory fees to reflect the fact of the 2500–2690 MHz Band: The Potential for collect regulatory and other fees. that these services are now regulated by the Accommodating Third Generation Mobile Systems, Moreover, we believe that we would Wireless Telecommunications Bureau. Public Notice, DA 00–2583, 5 FCC Rcd 22310 10 Section 9(d) (47 U.S.C. 159(d)) provides that: also be giving due regard to our practice, (2000). A large deployment of LMDS has occurred approved by the courts, of reconciling in the frequencies at 17.7–20.2 GHz and 27.5–30 ‘‘The Commission may waive, reduce, or defer GHz (28 GHz band). See Biennial Review 2000 Staff payment of a fee in any specific instance for good our regulatory responsibilities with the Report Released, Public Notice, FCC 00–346 (Sept. cause shown, where such action would promote the goals of the Bankruptcy Act.17 In the 19, 2000). public interest.’’ See also 47 CFR section 1.1166 (implementing statutory provision). case of regulatees alleging financial 8 See Amendment of Parts 1, 21, 73, 74 and 101 11 hardship but not in bankruptcy, we of the Commission’s Rules to Facilitate the Section 8(d)(2) (47 U.S.C. 158(d)(2)) provides Provision of Fixed and Mobile Broadband Access, that: ‘‘The Commission may waive or defer would consider waiver, partial waiver Educational and Other Advanced Services in the [payment of an application fee] in any specific or deferral of fees above the cap on a 2150–2162 and 2500–2690 MHz Bands; Part 1 of the instance for good cause shown, where such action would promote the public interest.’’ See also 47 case-by-case basis. We tentatively Commission’s Rules—Further Competitive Bidding propose that the cap be set at either Procedures; Amendment of parts 21 and 74 to CFR section 1.1117 (implementing statutory Enable Multipoint Distribution Service and the provision). $500,000 or $1 million, reviewed Instructional Television Fixed Service Amendment 12 We held generally that we would waive annually. In computing the proposed of parts 21 and 74 to Engage in Fixed Two-Way regulatory fees on a case-by-case basis upon a cap, all of the subsidiaries and other Transmissions; Amendment of parts 21 and 74 of demonstration of: ‘‘ ‘extraordinary and compelling the Commission’s Rules With Regard to Licensing circumstances’ outweighing the public interest in in the Multipoint Distribution Service and in the recouping the cost of the Commission’s regulatory 15 Id. at 12762, paragraph 14. Instructional Television Fixed Service for the Gulf services from a particular regulatee.’’ 9 FCC Rcd at 16 See also Mobilemedia Corp., 14 FCC Rcd 8017, of Mexico; WT Docket Nos. 02–68; 03–66; 03–67; 5344, paragraph 29. See also 9 FCC Rcd 5333 8027 paragraph 40 (1999) (applying this policy to MM Docket No. 97–217; Notice of Proposed (1994), recon. granted, 10 FCC Rcd 12759 (1995) Section 8 application fees). Rulemaking and Memorandum Opinion and Order, 13 10 FCC Rcd at 12761, paragraph 13. 17 See LaRose v. FCC, 494 F.2d 1145 (D.C. Cir. FCC 03–56 (released April 2, 2003). 14 Id. at 12762, paragraph 13. 1974).

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entities with an attributable interest in vi. Future Streamlining of the must be paid for any authorization a particular regulatee would be Regulatory Fee Assessment and issued on or before October 1, 2002. aggregated. We invite comment on the Collection Process (c) Cable Subscriber Services and above proposal and on alternative Commercial Mobile Radio Service 16. We are beginning a multi-year proposals. Commenters should address (CMRS) cellular, mobile, and messaging effort to review, streamline and whether numerical or other caps should services (fees based upon a subscriber, modernize our fee assessment and be applied to the waiver of Section 8 or unit or circuit count)—the number of collection processes and procedures. We Section 9 fees, the appropriate level at subscribers, units or circuits on welcome comments on a broad range of which the cap should be set, and how December 31, 2002 will be used as the options in this regard. Areas of the level of a cap might be adjusted over basis from which to calculate the fee particular interest include: (1) The time. payment.19 For facilities-based common process for notifying users about carriers with active international bearer v. Procedural Changes changes in the annual regulatory fee circuits, the fee is based on the circuit schedule and how it can be improved; 13. In an effort to streamline the count as of December 31, 2002. (2) the most effective way to regulatory fee process, the Commission 19. The Commission strongly disseminate regulatory fee bills, i.e. is undertaking several initiatives that recommends that entities submitting through surface mail, email, or some will make the process of collecting fees more than twenty-five (25) Form 159– other mechanism; (3) the fee payment more efficient. Historically, in addition C’s use the electronic fee filer program process, including how the agency’s to providing official notice of regulatory when sending in their regulatory fee electronic payment system can be fee assessments in the Federal Register, payment. The Commission will, for the improved and whether we should make the Commission mails tens of thousands convenience of payers, accept fee electronic payment mandatory for fees of public notices to licensees and payments made in advance of the over a certain level; and (4) the timing regulatees, informing them of when normal formal window for the payment of fee payments, including whether we regulatory fees are due and providing of regulatory fees. should alter the existing fee payment them the information necessary for them ‘‘window’’ in any way. Commenters C. Enforcement to calculate the amount they owe. This should bear in mind that proposed 20. As required in 47 U.S.C. 159(c), an mailing process is very costly and improvements must comport with the additional charge shall be assessed as a inefficient. Because of the wide provisions of Section 9 of the penalty for late payment of any availability of the Internet, the Communications Act of 1934, as regulatory fee. A late payment penalty Commission is proposing to discontinue amended (47 U.S.C. 159). We anticipate of 25 percent of the amount of the mailing public notices. Instead, these taking action to implement required regulatory fee will be assessed notices, and all other pertinent improvements after the current on the first day following the deadline information, will be posted on the FCC’s regulatory fee cycle. date for filing of these fees. Failure to Web site (http://www.fcc.gov/fees). Hard pay regulatory fees and/or any late B. Procedures for Payment of Regulatory copies of public notices and other penalty will subject regulatees to Fees relevant materials will be mailed upon sanctions, including the provisions set request. Official notice of regulatory fee i. De minimis Fee Payment Liability forth in the Debt Collection assessments will continue to be Improvement Act of 1996 (‘‘DCIA’’). The 17. As in the past, the Commission is published in the Federal Register. Commission also assesses proposing that regulatees whose total 14. Further, the Commission is also administrative processing charges on regulatory fee liability, including all undertaking a pilot program to mail delinquent debts to recover additional categories of fees for which payment is postcards specifically stating the costs incurred in processing and due by an entity, amounts to less than amount owed (i.e., to send a ‘‘bill’’ on handling the related debt pursuant to $10 will be exempted from fee payment a postcard) to a select group of media the DCIA and section 1.1940(d) of the 18 in FY 2003. services. The postcards will identify Commission’s rules. These the station call sign, address, facility ii. Standard Fee Calculations and administrative processing charges will identification number or other Payment Dates be assessed on any delinquent identifier, and amount owed. The regulatory fee, in addition to the 25 18. The time for payment of standard regulatee will then have the opportunity percent late charge penalty. Partial fees will be announced in the Report to correct any mistakes or, if there are underpayments of regulatory fees are and Order terminating this proceeding no mistakes, simply submit the amount treated in the following manner. The and will be published in the Federal owed instead of having to calculate the licensee will be given credit for the Register pursuant to authority delegated unit’s fee based upon information found amount paid, but if it is later to the Managing Director. As in the past, in Public Notices. If successful, the determined that the fee paid is incorrect the responsibility for payment of fees by Commission will consider expanding or was submitted after the deadline service category is as follows: this method to other service categories. date, the 25 percent late charge penalty 15. With the exception of the changes (a) Media services—the responsibility will be assessed on the portion that is noted in the preceding sections, the FY for the payment of regulatory fees rests 2003 regulatory fee collection will with the holder of the permit or license 19 Cable system operators are to compute their follow the policies or procedures found on October 1, 2002. However, in subscribers as follows: Number of single family in the FY 2002 Order (67 FR 46297). instances where a license or permit is dwellings + number of individual households in transferred or assigned after October 1, multiple dwelling unit (apartments, condominiums, mobile home parks, etc.) paying at the basic 18 AM and FM Radio Stations, AM and FM 2002, responsibility for payment rests subscriber rate + bulk rate customers + courtesy and Construction Permits, FM Translators/Boosters, with the holder of the license or permit free service. Note: Bulk-Rate Customers = Total VHF and UHF Television Stations, VHF and UHF at the time payment is due. annual bulk-rate charge divided by basic annual Television Construction Permits, Satellite subscription rate for individual households. Cable Television Stations, Satellite Television (b) Wireline (Common Carrier) and system operators may base their count on ‘‘a typical Construction Permits, Low Power Television Cable Services (fees are not based on a day in the last full week’’ of December 2002, rather (LPTV) Stations, and LPTV Translators/Boosters. subscriber, unit, or circuit count)—fees than on a count as of December 31, 2002.

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submitted after the filing window. 24. Parties who choose to file by responses to the IRFA. The Consumer Failure to pay regulatory fees can result paper must also submit their comments Information Bureau, Reference in the initiation of a proceeding to on diskette. Two copies of the diskettes Information Center, shall send a copy of revoke any and all authorizations held must be submitted. One copy is to be this NPRM, including the IRFA, to the by the delinquent payer. 20 sent to Qualex International, 445 12th Chief Counsel for Advocacy of the Small Street, SW., Room CY–B402, Business Administration, in accordance III. Procedural Matters Washington, DC 20554. The other copy with the Regulatory Flexibility Act. A. Comment Period and Procedures is to be sent to Office of Managing Director, Federal Communications D. Authority and Further Information 21. Pursuant to 47 CFR section 1.415, Commission, 445 12th Street, SW., 1– 28. Authority for this proceeding is 1.419, interested parties may file C848, Washington, DC 20554. These contained in sections 4(i) and (j), 8, 9, comments on or before April 25, 2003, submissions must be in a Microsoft and 303(r) of the Communications Act and reply comments on or before May Windows TM-compatible format on a of 1934, as amended. It is ordered that 5, 2003. Comments may be filed using 3.5″ floppy diskette. The diskette should this NPRM is adopted.24 It is further the Commission’s Electronic Comment be clearly labeled with the commenter’s ordered that the Commission’s Filing System (ECFS) or by filing paper 21 name, proceeding (including the lead Consumer Information Bureau, copies. docket number MD Docket No. 03–83), Reference Information Center, shall 22. Comments filed through the ECFS type of pleading (comment or reply send a copy of this NPRM, including the are sent as an electronic file via the comment), date of submission, and the Initial Regulatory Flexibility Analysis, Internet to http://www.fcc.gov/e-file/ name of the electronic file on the to the Chief Counsel for Advocacy of the ecfs.html. Only one copy of an diskette. The label should also include Small Business Administration. electronic submission must be filed. In the following phrase ‘‘Copy—Not an 29. Further information about this completing the transmittal screen, Original.’’ Each diskette should contain proceeding may be obtained by commenters should include their full only one party’s pleadings, preferably in contacting the Fees Hotline at (888) name, mailing address, and the a single electronic file. 225–5322. applicable docket or rulemaking 25. The public may view the Federal Communications Commission. number. Parties may also submit an documents filed in this proceeding electronic comment by e-mail. To Marlene H. Dortch, during regular business hours in the Secretary. receive filing instructions for e-mail FCC Reference Center, Federal comments, commenters should send an Communications Commission, Room Attachment A e-mail to [email protected], and should CY–A257, 445 12th Street, SW., Initial Regulatory Flexibility Analysis include the following words in the body Washington, DC 20554, and through the of the message, ‘‘get form ’’ A sample form and Act (RFA), the Commission has prepared Filing System (ECFS) http:// this Initial Regulatory Flexibility Analysis directions will be sent in reply. www.gullfoss2.fcc.gov/prod/ecfs/ (IRFA) of the possible significant economic 23. Parties who choose to file by comsrch_v2.cgi. Those seeking materials impact on small entities by the policies and paper must file an original and four in alternative formats (computer rules in the present Notice of Proposed copies of each filing. Filings can be diskette, large print, audio recording, Rulemaking, In the Matter of Assessment and Collection of Regulatory Fees for Fiscal Year hand delivered, sent by commercial and Braille) should contact Brian Millin overnight courier, or mailed through the 2003. Written public comments are requested at (202) 418–7426 voice, (202) 418–7365 on this IRFA. Comments must be identified U.S. Postal Service (please note that the TTY, or [email protected]. Commission continues to experience as responses to the IRFA and must be filed B. Ex Parte Rules by the deadlines for comments on the IRFA delays in receiving U.S. Postal Service provided in paragraph 20. The Commission mail). The Commission’s contractor, 26. This is a permit-but-disclose will send a copy of the NPRM, including the Vistronix, Inc., will receive hand- notice and comment rulemaking IRFA, to the Chief Counsel for Advocacy of delivered paper filings at 236 proceeding. Ex Parte presentations are the Small Business Administration.26 In Massachusetts Avenue, NE., Suite 110, permitted, except during the Sunshine addition, the NPRM and IRFA (or summaries Washington DC 20002. The filing hours Agenda period, provided they are thereof) will be published in the Federal Register.27 at this location are 8 a.m. to 7 p.m. All disclosed pursuant to the Commission’s hand deliveries must be held together rules.22 I. Need for, and Objectives of, the Proposed with rubber bands or fasteners. Any Rules C. Initial Regulatory Flexibility Analysis envelopes must be disposed of before 2. This rulemaking proceeding is initiated entering the building. Commercial 27. As required by the Regulatory to obtain comments concerning the overnight mail (other than U.S. Postal Flexibility Act,23 the Commission has Commission’s proposed amendment of its Service Express Mail and Priority Mail) prepared an Initial Regulatory Schedule of Regulatory Fees in the amount must be sent to 9300 East Hampton Flexibility Analysis (IRFA) of the of $269,000,000, the amount that Congress Drive, Capitol Heights, MD 20743. U.S. possible impact on small entities of the has required the Commission to recover. The Commission seeks to collect the necessary Postal Service first-class mail, Express proposals suggested in this document. amount through its proposed Schedule of Mail, and Priority Mail should be The IRFA is set forth as Attachment A. Regulatory Fees in the most efficient manner addressed to 445 12th Street, SW., Written public comments are requested possible and without undue public burden. Washington, DC 20554. All filings must with respect to the IRFA. These be addressed to the Commission’s comments must be filed in accordance 24 47 U.S.C. 154(i)–(j), 159, & 303(r). Secretary, Marlene Dortch, Office of the with the same filing deadlines for 25 5 U.S.C. 603. The RFA, 5 U.S.C. 601 et. seq., Secretary, Federal Communications comments on the rest of the NPRM, and has been amended by the Contract With America must have a separate and distinct Advancement Act of 1996, Public Law 104–121, Commission. 110 Stat. 847 (1996) (CWAAA). Title II of the heading, designating the comments as CWAAA is the Small Business Regulatory 20 See 47 CFR 1.1164. Enforcement Fairness Act of 1996 (SBREFA). 21 Electronic Filing of Documents in Rulemaking 22 47 CFR 1.1203 and 1.1206(b). 26 5 U.S.C. 603(a). Proceedings, 63 FR 24121 (May 1, 1998). 23 See 5 U.S.C. 603. 27 Id.

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II. Legal Basis Cable Services or Systems cable system operators are affiliated with 3. This action, including publication of 5. The SBA has developed a definition of entities whose gross annual revenues exceed 47 proposed rules, is authorized under sections small entities for cable and other pay $250,000,000, and therefore are unable at this time to estimate more accurately the (4)(i) and (j), 9, and 303(r) of the television services, which includes all such number of cable system operators that would Communications Act of 1934, as amended.28 companies generating $11 million or less in revenue annually.39 This definition includes qualify as small cable operators under the III. Description and Estimate of the Number cable systems operators, closed circuit definition in the Communications Act. of Small Entities to Which the Proposed television services, direct broadcast satellite 8. Other Pay Services. Other pay television Rules Will Apply services, multipoint distribution systems, services are also classified under the North satellite master antenna systems and American Industry Classification System 4. The RFA directs agencies to provide a (NAICS) codes 51321 and 51322, which description of and, where feasible, an subscription television services. According to the Census Bureau data from 1992, there includes cable systems operators, closed estimate of the number of small entities that were 1,788 total cable and other pay circuit television services, direct broadcast may be affected by the proposed rules, if television services and 1,423 had less than satellite services (DBS),48 multipoint 29 adopted. The RFA defines the term ‘‘small $11 million in revenue.40 distribution systems (MDS),49 satellite master entity’’ as having the same meaning as the 6. The Commission has developed its own antenna systems (SMATV), and subscription terms ‘‘small business,’’ ‘‘small definition of a small cable system operator television services. organization,’’ and ‘‘small governmental for purposes of rate regulation. Under the Wireline Competition Services and Related jurisdiction.’’ 30 In addition, the term ‘‘small Commission’s rules, a ‘‘small cable Entities business’’ has the same meaning as the term company’’ is one serving fewer than 400,000 ‘‘small business concern’’ under the Small subscribers nationwide.41 Based on our most 9. The most reliable source of information Business Act.31 A small business concern is recent information, we estimate that there regarding the total numbers of certain one which: (1) Is independently owned and were 1,439 cable operators that qualified as common carrier and related providers operated; (2) is not dominant in its field of small cable system operators at the end of nationwide appears to be data the 42 Commission publishes annually in its operation; and (3) satisfies any additional 1995. Since then, some of those companies Telecommunications Provider Locator report, criteria established by the Small Business may have grown to serve over 400,000 subscribers, and others may have been which encompasses data compiled from FCC Administration (SBA).32 A small involved in transactions that caused them to Form 499–A Telecommunications Reporting organization is generally ‘‘any not-for-profit be combined with other cable operators. Worksheets.50 According to data in the most enterprise which is independently owned Consequently, we estimate that there are recent report, there are 5,679 interstate and operated and is not dominant in its fewer than 1,439 small entity cable system service providers.51 These providers include, field.’’ 33 Nationwide, as of 1992, there were operators. inter alia, incumbent local exchange carriers, approximately 275,801 small organizations.34 7. The Communications Act of 1934, as competitive access providers (CAPS)/ ‘‘Small governmental jurisdiction’’ 35 amended, also contains a definition of a competitive local exchange carriers (CLECs), generally means ‘‘governments of cities, small cable system operator, which is ‘‘a local resellers and other local exchange counties, towns, townships, villages, school cable operator that, directly or through an carriers, interexchange carriers, operator districts, or special districts, with a affiliate, serves in the aggregate fewer than 1 service providers, prepaid calling card population of less than 50,000.’’ 36 As of percent of all subscribers in the United States providers, toll resellers, and other toll 1992, there were approximately 85,006 and is not affiliated with any entity or carriers. governmental entities in the United States.37 entities whose gross annual revenues in the 10. We have included small incumbent This number includes 38,978 counties, cities, aggregate exceed $250,000,000.’’ 43 The local exchange carriers (LECs) 52 in this and towns; of these, 37,566, or 96%, have Commission has determined that there are present RFA analysis. As noted above, a populations of fewer than 50,000.38 The 67,500,000 subscribers in the United States.44 ‘‘small business’’ under the RFA is one that, Census Bureau estimates that this ratio is Therefore, we estimate that an operator inter alia, meets the pertinent small business approximately accurate for all governmental serving fewer than 675,000 subscribers shall size standard (e.g., a telephone entities. Thus, of the 85,006 governmental be deemed a small operator, if its annual communications business having 1,500 or entities, we estimate that 81,600 (96%) are revenues, when combined with the total fewer employees), and ‘‘is not dominant in annual revenues of all of its affiliates, do not 53 small entities. Below, we further describe its field of operation.’’ The SBA’s Office of exceed $250 million in the aggregate.45 Based and estimate the number of small entity Advocacy contends that, for RFA purposes, on available data, we estimate that the licensees and regulatees that may be affected small incumbent LECs are not dominant in number of cable operators serving 675,000 their field of operation because any such by these rules. subscribers or less totals 1,450.46 We do not dominance is not ‘‘national’’ in scope.54 We request nor collect information on whether 28 47 U.S.C. 154(i) and (j), 159, and 303(r). 47 We do receive such information on a case-by- 29 5 U.S.C. 603(b)(3). 39 13 CFR 121.201, North American Industry case basis only if a cable operator appeals a local 30 5 U.S.C. 601(6). Classification System (NAICS) codes 51321 and franchise authority’s finding that the operator does 31 5 U.S.C. 601(3) (incorporating by reference the 51322. not qualify as a small cable operator pursuant to definition of ‘‘small business concern’’ in 15 U.S.C. 40 1992 Economic Census Industry and Enterprise § 76.1403(b) of the Commission’s rules. See 47 CFR 632). Pursuant to the RFA, the statutory definition Receipts Size Report, Table 2D, NAICS codes 51321 76.1403(d). of a small business applies ‘‘unless an agency, after and 51322 (U.S. Bureau of the Census data under 48 Direct Broadcast Services (DBS) are discussed consultation with the Office of Advocacy of the contract to the Office of Advocacy of the U.S. Small with the international services, infra. Small Business Administration and after Business Administration). 49 Multipoint Distribution Services (MDS) are opportunity for public comment, establishes one or 41 47 CFR 76.901(e). The Commission developed discussed with the mass media services, infra. more definitions of such term which are this definition based on its determination that a 50 FCC, Common Carrier Bureau, Industry appropriate to the activities of the agency and small cable system operator is one with annual Analysis Division, Telecommunications Provider publishes such definition(s) in the Federal revenues of $100 million or less. Implementation of Locator, Table 1 (November 2001). Register.’’ 5 U.S.C. 601(3). Sections of the 1992 Cable Act: Rate Regulation, 51 FCC, Telecommunications Provider Locator at 32 Small Business Act, 15 U.S.C. 632 (1996). Sixth Report and Order and Eleventh Order on Table 1. 33 5 U.S.C. 601(4). Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR 52 See 47 U.S.C 251(h) (defining ‘‘incumbent local 34 1992 Economic Census, U.S. Bureau of the 10534 (Feb. 27, 1995). exchange carrier’’). 42 Census, Table 6 (special tabulation of data under Paul Kagan Associates, Inc., Cable TV Investor, 53 5 U.S.C. 601(3). contract to Office of Advocacy of the U.S. Small Feb. 29, 1996 (based on figures for Dec. 30, 1995). 54 Letter from Jere W. Glover, Chief Counsel for Business Administration). 43 47 U.S.C. 543(m)(2). Advocacy, SBA, to William E. Kennard, Chairman, 35 47 CFR 1.1162. 44 Media Services (Cable Division) estimate. FCC (May 27, 1999). The Small Business Act 36 5 U.S.C. 601(5). 45 Id. 47 CFR 76.1403(b). contains a definition of ‘‘small business concern,’’ 37 U.S. Dept. of Commerce, Bureau of the Census, 46 FCC Announces New Subscriber Count for the which the RFA incorporates into its own definition ‘‘1992 Census of Governments.’’ Definition of Small Cable Operator, Public Notice, of ‘‘small business.’’ See 15 U.S.C. 632(a) (Small 38 Id. DA–01–0158 (released January 24, 2001). Business Act); 5 U.S.C. 601(3) (RFA). SBA

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have therefore included small incumbent Interexchange Carriers (IXCs), Operator frequency broadcast station authorizations. LECs in this IRFA analysis, although we Service Providers (OSPs), Payphone We do not request nor collect annual revenue emphasize that this IRFA action has no effect Providers, and Resellers. Neither the information, and are unable to estimate the on Commission analyses and determinations Commission nor the SBA has developed a number of international high frequency in other, non-RFA contexts. definition for small LECs, competitive access broadcast stations that would constitute a 11. Total Number of Telephone Companies providers (CAPs), interexchange carriers small business under the SBA definition. Affected. The Census Bureau reports that, at (IXCs), operator service providers (OSPs), However, the Commission estimates that the end of 1992, there were 3,497 firms payphone providers, or resellers. The closest only six international high frequency engaged in providing telephone services, as applicable definition for these carrier-types broadcast stations are subject to regulatory defined therein, for at least one year.55 This under SBA rules is for telephone fee payments. number contains a variety of different communications companies other than 16. International Public Fixed Radio categories of carriers, including local radiotelephone (wireless) companies.59 The (Public and Control Stations). There is one exchange carriers, interexchange carriers, most reliable source of information that we licensee in this service subject to payment of competitive access providers, operator know regarding the number of these carriers regulatory fees, and the licensee does not service providers, pay telephone operators, nationwide appears to be the data that we constitute a small business under the SBA and resellers. It seems certain that some of collect annually in connection with the FCC definition. these 3,497 telephone service firms may not 499–A Telecommunications Reporting 17. Fixed Satellite Transmit/Receive Earth qualify as small entities or small incumbent Worksheets.60 According to our most recent Stations. There are approximately 4,303 earth LECs because they are not ‘‘independently station authorizations, a portion of which are 56 data, there are 1,329 incumbent and other owned and operated.’’ It seems reasonable LECs, 532 CAPs and competitive local Fixed Satellite Transmit/Receive Earth to conclude that fewer than 3,497 telephone exchange carriers (CLECs), 229 IXCs, 22 Stations. We do not request nor collect service firms are small entity telephone OSPs, 936 payphone providers, 32 prepaid annual revenue information, and are unable service firms or small incumbent LECs that calling card providers, 38 other toll carriers, to estimate the number of the earth stations may be affected by these revised rules. and 710 local and toll resellers.61 Although that would constitute a small business under 12. Wireline Carriers and Service the SBA definition. Providers. The SBA has developed a it seems certain that some of these carriers are not independently owned and operated, 18. Fixed Satellite Small Transmit/Receive definition of small entities for telephone Earth Stations. There are approximately communications companies other than or have more than 1,500 employees, we are unable at this time to estimate with greater 4,303 earth station authorizations, a portion radiotelephone (wireless) companies. The of which are Fixed Satellite Small Transmit/ Census Bureau reports that there were 2,321 precision the number of these carriers that would qualify as small business concerns Receive Earth Stations. We do not request nor such telephone companies in operation for at collect annual revenue information, and are least one year at the end of 1992.57 According under the SBA’s definition. Therefore, we estimate that there are fewer than 1,329 small unable to estimate the number of fixed small to the SBA’s definition, a small business satellite transmit/receive earth stations that telephone company other than a entity incumbent and other LECs, 532 CAPs/ would constitute a small business under the radiotelephone (wireless) company is one CLECs, 229 IXCs, 22 OSPs, 936 payphone SBA definition. employing no more than 1,500 persons.58 All providers, and 710 local and toll resellers, 32 19. Fixed Satellite Very Small Aperture but 26 of the 2,321 non-radiotelephone prepaid calling card providers, and 38 other Terminal (VSAT) Systems. These stations (wireless) companies listed by the Census toll carriers that may be affected by the operate on a primary basis, and frequency Bureau were reported to have fewer than revised rules. coordination with terrestrial microwave 1,000 employees. Even if all 26 of the International Services systems is not required. Thus, a single remaining companies had more than 1,500 ‘‘blanket’’ application may be filed for a employees, there would still be 2,295 non- 14. The Commission has not developed a specified number of small antennas and one radiotelephone (wireless) companies that definition of small entities applicable to might qualify as small entities or small licensees in the international services. or more hub stations. There are 485 current incumbent LECs. Although it seems certain Therefore, the applicable definition of small VSAT System authorizations. We do not that some of these carriers are not entity is generally the definition under the request nor collect annual revenue independently owned and operated, we are SBA rules applicable to Communications information, and are unable to estimate the unable at this time to estimate with greater Services, Not Elsewhere Classified (NEC).62 number of VSAT systems that would precision the number of wireline carriers and This definition provides that a small entity constitute a small business under the SBA service providers that would qualify as small is expressed as one with $11.0 million or less definition. business concerns under SBA’s definition. in annual receipts.63 According to the Census 20. Mobile Satellite Earth Stations. There Therefore, we estimate that fewer than 2,295 Bureau, there were a total of 848 are 21 licensees. We do not request nor small telephone communications companies communications services providers, NEC, in collect annual revenue information, and are other than radiotelephone (wireless) operation in 1992, and a total of 775 had unable to estimate the number of mobile companies are small entities or small annual receipts of less than $10.0 million.64 satellite earth stations that would constitute incumbent LECs that may be affected by The Census report does not provide more a small business under the SBA definition. these revised rules. precise data. 21. Radio Determination Satellite Earth 13. Local Exchange Carriers (LECS), 15. International Broadcast Stations. Stations. There are four licensees. We do not Competitive Access Providers (CAPs), Commission records show that there are request nor collect annual revenue approximately 19 international high information, and are unable to estimate the number of radio determination satellite earth regulations interpret ‘‘small business concern’’ to include the concept of dominance on a national 59 13 CFR 121.201, NAICS codes 51331, 51333, stations that would constitute a small basis. 13 CFR 121.102(b). Since 1996, out of an and 51334. business under the SBA definition. abundance of caution, the Commission has 60 See Telecommunications Provider Locator at 22. Space Stations (Geostationary). There included small incumbent LECs in its regulatory Table 1. are presently an estimated 75 Geostationary flexibility analyses. See, e.g., Implementation of the 61 Telecommunications Provider Locator at Table Space Station authorizations. We do not Local Competition Provisions of the 1. The total for resellers includes both toll resellers request nor collect annual revenue Telecommunications Act of 1996, CC Docket, 96– and local resellers. information, and are unable to estimate the 98, First Report and Order, 11 FCC Rcd 15499, 62 An exception is the Direct Broadcast Satellite number of geostationary space stations that 16144–45 (1996), 61 FR 45476 (Aug. 29, 1996). (DBS) Service, infra. would constitute a small business under the 55 U.S. Department of Commerce, Bureau of the 63 13 CFR 121.201, NAICS codes 48531, 513322, SBA definition. Census, 1992 Census of Transportation, 51334, and 51339. Communications, and Utilities: Establishment and 64 23. Space Stations (Non-Geostationary). 1992 Economic Census Industry and Enterprise There are presently seven Non-Geostationary Firm Size, at Firm Size 1–123 (1995) (1992 Census). Receipts Size Report, Table 2D, NAICS codes 48531, 56 See generally 15 U.S.C. 632(a)(1). 513322, 51334, and 513391 (U.S. Bureau of the Space Station authorizations. We do not 57 1992 Census, supra, at Firm Size 1–123. Census data under contract to the Office of request nor collect annual revenue 58 13 CFR 121.201, NAICS codes 51331, 51333, Advocacy of the U.S. Small Business information, and are unable to estimate the and 51334. Administration). number of non-geostationary space stations

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that would constitute a small business under materials.71 Separate establishments commercial stations are subject to regulatory the SBA definition. primarily engaged in producing taped fees. 24. Direct Broadcast Satellites. Because television program materials are classified 27. The rules may affect an estimated total DBS provides subscription services, DBS falls under another NAICS number.72 There were of 1,714 television stations, approximately within the SBA-recognized definition of 1,509 television stations operating in the 1,320 of which are considered small ‘‘Cable and Other Pay Television nation in 1992.73 That number has remained businesses.85 The revised rules will also Services.’’ 65 This definition provides that a fairly constant as indicated by the affect an estimated total of 13,296 radio small entity is one with $11.0 million or less approximately 1,714 operating television stations, approximately 12,764 of which are in annual receipts.66 Currently, there are nine broadcasting stations in the nation as of small businesses.86 These estimates may DBS authorizations, though there are only September 30, 2002.74 For 1992,75 the overstate the number of small entities two DBS companies in operation at this time. number of television stations that produced because the revenue figures on which they We do not request nor collect annual revenue less than $10.0 million in revenue was 1,155 are based do not include or aggregate information for DBS services, and are unable establishments.76 Only commercial stations revenues from non-television or non-radio to determine the number of DBS operators are subject to regulatory fees. affiliated companies. There are also 2,127 that would constitute a small business under 26. Additionally, the SBA defines a radio low power television stations (LPTV).87 the SBA definition. broadcasting station that has $5 million or Given the nature of this service, we will less in annual receipts as a small business.77 presume that all LPTV licensees qualify as Media Services A radio broadcasting station is an small entities under the SBA definition. 25. Commercial Radio and Television establishment primarily engaged in 28. Auxiliary, Special Broadcast and Other Services. The proposed rules and policies broadcasting aural programs by radio to the Program Distribution Services. This service will apply to television broadcasting public.78 Included in this industry are involves a variety of transmitters, generally licensees and radio broadcasting licensees.67 commercial, religious, educational, and other used to relay broadcast programming to the The SBA defines a television broadcasting radio stations.79 Radio broadcasting stations, public (through translator and booster station that has $10.5 million or less in which primarily are engaged in radio stations) or within the program distribution annual receipts as a small business.68 broadcasting and which produce radio chain (from a remote news gathering unit Television broadcasting stations consist of program materials, are similarly included.80 back to the station). The Commission has not establishments primarily engaged in However, radio stations which are separate developed a definition of small entities broadcasting visual programs by television to establishments and are primarily engaged in applicable to broadcast auxiliary licensees. the public, except cable and other pay producing radio program material are The applicable definitions of small entities television services.69 Included in this classified under another NAICS number.81 are those, noted previously, under the SBA industry are commercial, religious, The 1992 Census indicates that 96 percent rules applicable to radio broadcasting 70 educational, and other television stations. (5,861 of 6,127) of radio station stations and television broadcasting 88 Also included are establishments primarily establishments produced less than $5 million stations. engaged in television broadcasting and which in revenue in 1992.82 Official Commission 29. The Commission estimates that there produce taped television program records indicate that a total of 11,334 are approximately 3,790 translators and individual radio stations were operating in boosters. The Commission does not collect 65 13 CFR 121.201, NAICS codes 51321 and 1992.83 As of September 30, 2002, financial information on any broadcast 51322. Commission records indicate that a total of facility, and the Department of Commerce 66 Id. 13,296 radio stations were operating, of does not collect financial information on 67 While we tentatively believe that the SBA’s which 8,492 were FM stations.84 Only these auxiliary broadcast facilities. We definition of ‘‘small business’’ greatly overstates the believe that most, if not all, of these auxiliary number of radio and television broadcast stations facilities could be classified as small that are small businesses and is not suitable for 71 1992 Census, Series UC92–S–1, at Appendix A– businesses by themselves. We also recognize purposes of determining the impact of the proposals 9. that most commercial translators and 72 on small television and radio stations, for purposes Id., NAICS code 51211 (Motion Picture and boosters are owned by a parent station of this Report and Order we utilize the SBA’s Video Tape Production); NAICS 51229 (Theatrical definition in determining the number of small Producers and Miscellaneous Theatrical Services) which, in some cases, would be covered by businesses to which the proposed rules would (producers of live radio and television programs). the revenue definition of small business apply. We reserve the right to adopt, in the future, 73 FCC News Release No. 31327 (January 13, entity discussed above. These stations would a more suitable definition of ‘‘small business’’ as 1993); 1992 Census, Series UC92–S–1, at Appendix likely have annual revenues that exceed the applied to radio and television broadcast stations or A–9. SBA maximum to be designated as a small other entities subject to the proposed rules in this 74 FCC News Release, ‘‘Broadcast Station Totals as business ($5 million for a radio station or Report and Order, and to consider further the issue of September 30, 2002.’’ $10.5 million for a TV station). Furthermore, of the number of small entities that are radio and 75 A census to determine the estimated number of they do not meet the Small Business Act’s television broadcasters or other small media Communications establishments is performed every entities. See Report and Order in MM Docket No. definition of a ‘‘small business concern’’ five years, in years ending with a ‘‘2’’ or ‘‘7.’’ See because they are not independently owned 93–48 (Children’s Television Programming), 11 FCC 1992 Census, Series UC92–S–1, at III. Rcd 10660, 10737–38 (1996), 61 FR 43981 (Aug. 27, and operated. 89 76 The amount of $10 million was used to 1996), citing 5 U.S.C. 601(3). estimate the number of small business 30. Multipoint Distribution Service (MDS). 68 13 CFR 121.201, NAICS code 51312. establishments because the relevant Census This service has historically provided 69 Economics and Statistics Administration, categories stopped at $9,999,999 and began at primarily point-to-multipoint and one-way Bureau of Census, U.S. Department of Commerce, $10,000,000. No category for $10.5 million existed. 1992 Census of Transportation, Communications Thus, the number is as accurate as it is possible to 85 We use an estimated figure of 77 percent (from and Utilities, Establishment and Firm Size, Series calculate with the available information. 1992) of TV stations operating at less than $10 UC92–S–1, Appendix A–9 (1995) (1992 Census, 77 13 CFR 121.201, NAICS codes 513111 and million and apply it to the 2003 total of 1,714 TV Series UC92–S–1). 513112. 70 Id.; see Executive Office of the President, Office stations to arrive at 1,320 stations categorized as 78 1992 Census, Series UC92–S–1, at Appendix A– small businesses. of Management and Budget, Standard Industrial 9. Classification Manual (1987), at 283, which 86 We use the 96% figure of radio station 79 Id. describes ‘‘Television Broadcasting Stations’’ (SIC establishments with less than $5 million revenue 80 code 4833, now NAICS code 51312) as: Id. from data presented in the year 2003 estimate (FCC 81 Establishments primarily engaged in broadcasting Id. News Release, September 30, 2002) and apply it to visual programs by television to the public, except 82 The Census Bureau counts radio stations the 13,296 individual station count to arrive at cable and other pay television services. Included in located at the same facility as one establishment. 12,764 individual stations as small businesses. this industry are commercial, religious, educational Therefore, each co-located AM/FM combination 87 FCC News Release, ‘‘Broadcast Station Totals as and other television stations. Also included here are counts as one establishment. of September 30, 2002.’’ establishments primarily engaged in television 83 FCC News Release, No. 31327 (Jan. 13, 1993). 88 13 CFR 121.201, NAICS codes 513111 and broadcasting and which produce taped television 84 FCC News Release, ‘‘Broadcast Station Totals as 513112. program materials. of September 30, 2002.’’ 89 15 U.S.C. 632.

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video services to subscribers.90 The radiotelephone (wireless) firms from a total principals, has average gross revenues not Commission recently amended its rules to of 1,178 such firms which operated during exceeding $15 million for the preceding three allow MDS licensees to provide a wide range 1992 had 1,000 or more employees.97 Even if years. A very small business is defined as an of high-speed, two-way services to a variety all twelve of these firms were cellular entity that, together with its affiliates and of users.91 In connection with the 1996 MDS telephone companies, nearly all cellular controlling principals, has average gross auction, the Commission defined small carriers were small businesses under the revenues that do not exceed $3 million for businesses as entities that had annual average SBA’s definition. In addition, we note that the preceding three years.102 The SBA has gross revenues for the three preceding years there are 1,780 cellular licenses; however, a approved these definitions.103 To date, three not in excess of $40 million.92 The cellular licensee may own several licenses. Phase II 220 MHz auctions have been Commission established this small business According to the November 2001 conducted. In the first auction, 908 licenses definition in the context of this particular Telecommunications Provider Locater, 858 were auctioned in three different-sized service and with the approval of the SBA.93 wireless telephony providers reported that geographic areas: three Nationwide (NWA) The MDS auction resulted in 67 successful they were engaged in the provision of either licenses, 30 Regional Economic Area Group bidders obtaining licensing opportunities for cellular service, Personal Communications (EAG) Licenses, and 875 Economic Area (EA) 94 493 Basic Trading Areas (BTAs). Of the 67 Service (PCS) services, and SMR telephony Licenses. Of the 908 licenses auctioned, 693 auction winners, 61 met the definition of a carriers, which are placed together in the were sold.104 Thirty-nine companies 98 small business. At this time, we estimate that data. We do not have data specifying the claiming small or very small businesses of the 61 small business MDS auction number of these carriers that are not status won licenses in the first 220 MHz winners, 48 remain small business licensees. independently owned and operated or have auction. The second auction included 225 In addition to the 48 small businesses that more than 1,500 employees, and are unable licenses: 216 EA licenses and 9 EAG licenses. hold BTA authorizations, there are at this time to estimate with greater precision Of the 225 licenses auctioned, 222 were approximately 392 incumbent MDS licensees the number of cellular service carriers that sold.105 Fourteen companies claiming small that are considered small entities.95 After would qualify as small business concerns or very small business status won 158 adding the number of small business auction under the SBA’s definition. We estimate that licenses. The third auction included four licensees to the number of incumbent there are fewer than 858 small wireless licenses; two EA licenses and two EAG licensees not already counted, we find that service providers that may be affected by 106 there are currently approximately 440 MDS these revised rules. licenses. No company claiming small or licensees that are defined as small businesses 32. 220 MHz Radio Service—Phase I very small business status won licenses in under either the SBA or the Commission’s Licensees. The 220 MHz service has both the third auction. rules. Some of those 440 small business Phase I and Phase II licenses. Phase I 34. 700 MHz Guard Band Licenses. In the licensees may be affected by these revised licensing was conducted by lotteries in 1992 700 MHz Guard Band Order, we adopted rules. and 1993. There are approximately 1,000 criteria for defining small businesses and such non-nationwide licensees and four very small businesses for purposes of Wireless and Commercial Mobile Services nationwide licensees currently authorized to determining their eligibility for special 31. Cellular Licensees. Neither the use the 220 MHz band. The Commission has provisions such as bidding credits and Commission nor the SBA has developed a not developed a definition of small entities installment payments.107 We have defined a definition of small entities specific to cellular specifically applicable to such incumbent small business as an entity that, together with licensees. Therefore, the applicable 220 MHz Phase I licensees. To estimate the its affiliates and controlling principals, has definition of small entity is the definition number of such licensees that are small average gross revenues not exceeding $15 under the SBA rules applicable to businesses, we apply the definition under the million for the preceding three years. radiotelephone (wireless) companies. This SBA rules applicable to Radiotelephone Additionally, a very small business is provides that a small entity is a (wireless) Communications companies. This defined as an entity that, together with its radiotelephone (wireless) company definition provides that a small entity is a affiliates and controlling principals, has employing no more than 1,500 persons.96 radiotelephone (wireless) company average gross revenues that are not more than According to the Census Bureau, only twelve employing no more than 1,500 persons.99 $3 million for the preceding three years. An According to the Census Bureau, only 12 auction of 104 licenses (two in each of the 90 For purposes of this item, MDS includes single radiotelephone (wireless) firms out of a total 52 Major Economic Areas (MEAs)) channel Multipoint Distribution Service (MDS), of 1,178 such firms which operated during commenced on September 6, 2000, and Local Multipoint Distribution Service (LMDS), and 1992 had 1,000 or more employees.100 If this closed on September 21, 2000.108 Of the 104 the Multichannel Multipoint Distribution Service general ratio continues in 2002 in the context licenses auctioned, 96 licenses were sold to (MMDS). See 66 FR 36177. of Phase I 220 MHz licensees, we estimate nine winning bidders. Five of the winning 91 Amendment of Parts 21 and 74 to Enable that nearly all such licensees are small bidders claimed small or very small business Multipoint Distribution Service and Instructional businesses under the SBA’s definition. status and won a total of 26 licenses. A Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, 13 FCC Rcd 19112 33. 220 MHz Radio Service—Phase II second auction of 700 MHz Guard Band (1998), recon., 14 FCC Rcd 12764 (1999), further Licensees. The Phase II 220 MHz service is licenses commenced on February 13, 2001 recon., 15 FCC Rcd 14566 (2000). subject to spectrum auctions. In the 220 MHz and closed on February 21, 2001.109 All eight 92 47 CFR 21.961 and 1.2110. Third Report and Order, we adopted criteria of the licenses auctioned were sold to three 93 Amendment of Parts 21 and 74 of the for defining small and very small businesses winning bidders. One of the winning bidders Commission’s Rules with Regard to Filing for purposes of determining their eligibility Procedures in the Multipoint Distribution Service for special provisions such as bidding credits 102 Id at paragraph 291. and in the Instructional Television Fixed Service 101 and installment payments. We have 103 and Implementation of Section 309(j) of the See Letter to D. Phython, Chief, Wireless defined a small business as an entity that, Telecommunications Bureau (FCC) from A. Alvarez, Communications Act—Competitive Bidding, 10 together with its affiliates and controlling FCC Rcd 9589, 9670 (1995), 60 FR 36524 (July 17, Administrator, SBA (January 6, 1998). 1995). 104 Phase II 220 MHz Service Auction Closes’’, 94 Basic Trading Areas (BTAs) were designed by 97 1992 Census, Series UC92–S–1, at Table 5, Public Notice, 14 FCC Rcd 605 (1998). Rand McNally and are the geographic areas by NAICS code 513322. 105 ‘‘Phase II 220 MHz Service Spectrum Auction which MDS was auctioned and authorized. See id. 98 Telecommunications Provider Locater, Table 1 Closes’’, Public Notice, 14 FCC Rcd 11218 (1999). At 9608. (November 2001). 106 ‘‘Multiple Radio Service Auction Closes’’, 95 47 U.S.C. 309(j). (Hundreds of stations were 99 13 CFR 121.201, NAICS code 513322. Public Notice, 17 FCC Rcd 1446 (2002). licensed to incumbent MDS licensees prior to 100 U.S. Bureau of the Census, U.S. Department of 107 See Service Rules for the 746–764 and 776– implementation of Section 309(j) of the Commerce, 1992 Census of Transportation, 794 MHz Bands, and Revisions to Part 27 of the Communications Act of 1934, 47 U.S.C. 309(j). For Communications, and Utilities, UC92-S–1, Subject Commission’s Rules, WT Docket No. 99–168, these pre-auction licenses, the applicable standard Series, Establishment and Firm Size, Table 5, Second Report and Order, 15 FCC Rcd 5299 (2000). is SBA’s small business size standard for ‘‘other Employment Size of Firms; 1992, NAICS codes 108 See generally Public Notice, ‘‘700 MHz Guard telecommunications’’ (annual receipts of $11 513321, 513322, and 51333. Bands Auction Closes,’’ 15 FCC Rcd 18026 (2000). million or less). See 13 CFR 121.201. 101 220 MHz Third Report and Order, 12 FCC Rcd 109 ‘‘700 MHz Guard Bands Auction Closes’’, 96 13 CFR 121.201, NAICS code 513322. 10943, 11068–70, at paragraphs 291–295 (1997). Public Notice 16 FCC Rcd 4590 (2001).

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claimed status as a small business and won an additional classification for ‘‘very small three preceding years of not more than $40 a total of two licenses. business’’ was added and is defined as an million. A very small business is an entity 35. Private and Common Carrier Paging. entity that, together with its affiliates, has that, together with affiliates and controlling We adopted criteria for defining small average gross revenues of not more than $15 interests, has average gross revenues for the businesses and very small businesses for million for the preceding three calendar three preceding years of not more than $15 purposes of determining their eligibility for years.116 These regulations defining ‘‘small million. These definitions have been special provisions such as bidding credits entity’’ in the context of broadband PCS approved by the SBA.124 and installment payments.110 We have auctions have been approved by the SBA.117 38. Rural Radiotelephone Service. The defined a small business as an entity that, No small businesses within the SBA- Commission has not adopted a definition of together with its affiliates and controlling approved definition bid successfully for small entity specific to the Rural principals, has average gross revenues not licenses in Blocks A and B. An auction for Radiotelephone Service.125 A significant exceeding $15 million for the preceding three C-Block licenses commenced on December subset of the Rural Radiotelephone Service is years. Additionally, a very small business is 18, 1995 and ended on May 6, 1996.118 There the Basic Exchange Telephone Radio Systems defined as an entity that, together with its were 89 winning bidders that won a total of (BETRS).126 We will use the SBA’s definition affiliates and controlling principals, has 493 licenses and that claimed status as a applicable to radiotelephone (wireless) average gross revenues that are not more than small business in the Block C auction. A companies, i.e., an entity employing no more $3 million for the preceding three years. The second C-Block Auction commenced on July than 1,500 persons.127 There are SBA has approved these definitions.111 An 3, 1996 and ended on July 16, 1996.119 An approximately 640 licensees in the Rural auction of Metropolitan Economic Area auction for the D and F Blocks commenced Radiotelephone Service, and we estimate that (MEA) licenses commenced on February 24, on August 16, 1996 and ended on January 14, almost all of the licenses that are authorized 2000, and closed on March 2, 2000.112 Of the 1997.120 A total of 93 winning bidders that in the Rural Radio Service qualify as small 985 licenses auctioned, 440 were sold to 57 won a total of 598 licenses claimed small or entities under the SBA’s definition. companies claiming status as a small or very very small business status in the D, E, and 39. Air-Ground Radiotelephone Service. small business. A second auction F Block auction. A re-auction of 347 C, D, E, The Commission has not adopted a definition commenced on October 30, 2001 and closed and F Block licenses commenced on March of small entity specific to the Air-Ground on December 5, 2001.113 One hundred, thirty- 23, 1999 and ended on April 15, 1999.121 Radiotelephone Service.128 We will use the two entities claiming small or very small There were 48 winning bidders that won a SBA’s definition applicable to business status won a total of 3,724 licenses. total of 277 licenses and that claimed status radiotelephone (wireless) companies, i.e., an At present, there are approximately 4,500 as a small or very small business. An auction entity employing no more than 1,500 Private-Paging site-specific licenses and of 422 C and F Broadband PCS licenses persons.129 There are approximately 100 5,100 Common Carrier Paging site-specific commenced on December 12, 2000 and licensees in the Air-Ground Radiotelephone licenses. According to the most recent data ended on January 26, 2001.122 Of the 35 Service, and we estimate that almost all of in the Telecommunications Provider Locator, winning bidders in this auction, 29 claimed the licenses authorized in the Air-Ground 608 carriers reported that they were engaged status as a small or very small business and Radiotelephone Service qualify as small in the provision of either paging or ‘‘other won a total of 248 licenses. entities under the SBA’s definition. mobile’’ services, which are placed together 37. Narrowband PCS. To date, three 40. Specialized Mobile Radio (SMR). in the data.114 We do not have data narrowband PCS auctions have been Pursuant to 47 CFR 90.814(b)(1), the specifying the number of these carriers that conducted. Through these auctions, 358 Commission has defined ‘‘small business’’ in are not independently owned and operated licenses were sold to winning bidders. two tiers (for purposes of auctioning 800 or have more than 1,500 employees, and Twelve entities claiming small or very small MHz and 900 MHz SMR licenses) as a firm therefore are unable at this time to estimate business status were the winning bidders for that has average annual gross revenues of with greater precision the number of paging 322 licenses. To ensure meaningful either $3 million or $15 million or less in the carriers that would qualify as small business participation of small business entities in the three preceding calendar years.130 The SBA concerns under the SBA’s definition. auctions, the Commission adopted a two- has approved this small business size Consequently, we estimate that there are tiered definition of small businesses in the standard for the 800 MHz and 900 MHz SMR fewer than 608 small paging carriers that may Narrowband PCS Second Report and services.131 An auction for 900 MHz SMR be affected by these revised rules. We Order.123 A small business is an entity that, licenses commenced on December 5, 1995 estimate that the majority of private and together with affiliates and controlling and closed on April 15, 1996.132 Sixty common carrier paging providers would interests, has average gross revenues for the winning bidders that won a total of 263 qualify as small entities under the SBA licenses in the 900 MHz SMR band claimed definition. Docket No. 96–59 Section 60 (released June 24, status as a small business. An auction for 525 36. Broadband Personal Communications 1996, 61 FR 33859 (July 1, 1996). 800 MHz SMR geographic area licenses for Service (PCS). The broadband PCS spectrum 116 Id. the upper 200 channels began on October 28, is divided into six frequency blocks 117 See, e.g., Implementation of Section 309(j) of 1997 and was completed on December 8, designated A through F, and the Commission the Communications Act—Competitive Bidding, PP has held auctions for each block. The Docket No. 93–253, Fifth Report and Order, 9 FCC 124 See Letter to Amy Zoslov, Chief, Auctions and Commission defined ‘‘small entity’’ for Rcd 5532, 5581–84 (1994). 118 Industry Analysis Division from A. Alvarez, Blocks C and F as an entity that has average ‘‘Entrepreneurs’’ C-Block Auction Closes’’, Public Notice, DA 96–716 (released on May 8, Administrator, SBA (December 2, 1998). gross revenues of less than $40 million in the 125 1996). The service is defined in section 22.99 of the three previous calendar years.115 For Block F, 119 ‘‘Entrepreneurs’’ C-Block Reauction Closes’’, Commission’s rules, 47 CFR 22.99. Public Notice, DA 96–1153 (released on July 17, 126 BETRS is defined in section 22.757 and 22.759 110 ‘‘Revisions of Part 22 and Part 90 of the 1996). of the Commission’s rules, 47 CFR 22.757 and Commission’s Rules to Facilitate Future 120 ‘‘D, E and F Block Auction Closes, DA 97–81 22.759. Development of Paging Systems’’, Memorandum (released January 15, 1997). 127 13 CFR 121.201, NAICS codes 513321, Opinion and Order on Reconsideration and Third 121 ‘‘C, D, E, and F Block Broadband PCS License 513322, and 51333. Report and Order, 14 FCC Rcd 10030 (1999). Auction Closes: Winning Bidders of 302 Licenses 128 The service is defined in section 22.99 of the 111 Id. Announced’’, Public Notice, DA 99–757 (released Commission’s rules, 47 CFR 22.99. 112 ‘‘929–931 MHz Paging Auction Closes’’, Public April 20, 1999). 129 13 CFR 121.201, NAICS codes 513321, Notice, 15 FCC Rcd 4858 (2000). 122 ‘‘C and F Block PCS Auction Closes’’, Public 513322, and 51333. 113 ‘‘Lower and Upper Band Auction Closes’’, Notice, 16 FCC Rcd 2339 (2001). 130 47 CFR 90.814(b)(1). Public Notice, 16 FCC Rcd 21821 (2001). 123 In the Matter of Amendment of the 131 See Letter to Thomas J. Sugrue, Chief, Wireless 114 See Telecommunications Provider Locater at Commission’s rules to Establish New Personal Telecommunications Bureau (FCC) from A. Alvarez, Table 1 (November 2001). Communications Services, Narrowband PCS, Administrator, SBA (August 10, 1999). 115 See Amendment of Parts 20 and 24 of the Docket No. ET 92–100, Docket No. PP 93–253, 132 ‘‘FCC Announces Winning Bidders in the Commission’s rules—Broadband PCS Competitive Second Report and Order and Second Further Auction of 1020 Licenses to Provider 900 MHz SMR Bidding and the Commercial Mobile Radio Service Notice of Proposed Rulemaking, 65 FR 35875 (June in Major Trading Areas’’, Public Notice, DA 96–586 Spectrum Cap, Report and Order, FCC 96–278, WT 6, 2000). (released April 15, 1996).

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1997.133 Ten winning bidders that won a frequency (VHF) radio, any type of approximately 127,540 licensees within these total of 38 licenses in the upper 200 channels emergency position indicating radio beacon services. Governmental entities 144 as well as in the 800 MHz SMR band claimed status as (EPIRB) and/or radar, a VHF aircraft radio, private businesses comprise the licensees for a small business. An auction of 800 MHz and/or any type of emergency locator these services. As indicated supra in SMR geographic area licenses for the General transmitter (ELT). The Commission has not paragraph four of this IRFA, all governmental Category channels began on August 16, 2000 developed a definition of small entities entities with populations of less than 50,000 and was completed on September 1, 2000.134 specifically applicable to these small fall within the definition of a small entity.145 Of the 1,050 licenses offered in that auction, businesses. The applicable definition of All licensees in this category are exempt from 1,030 licenses were sold. Eleven winning small entity is the definition under the SBA the payment of regulatory fees. bidders that won a total of 108 licenses in the rules for radiotelephone (wireless) 48. Personal Radio Services. Personal radio General Category channels in the 800 MHz communications.138 services provide short-range, low power SMR band claimed status as a small business. 45. Most applicants for recreational radio for personal communications, radio A second auction for the 800 MHz General licenses are individuals. Approximately signaling, and business communications not Category channels, for which 23 licenses 581,000 ship station licensees and 131,000 provided for in other services. The services were sold, was completed on January 17, aircraft station licensees operate domestically include the citizen’s band (CB) radio service, 2002.135 One winning bidder that won five and are not subject to the radio carriage general mobile radio service (GMRS), radio licenses claimed status as a small business. requirements of any statute or treaty. For control radio service, and family radio In an auction completed on December 5, purposes of our evaluations and conclusions service (FRS).146 Since the CB, GMRS, and 2000, a total of 2,800 Economic Area licenses in this FRFA, we estimate that there may be FRS licensees are individuals, no small in the lower 80 channels of the 800 MHz at least 712,000 potential licensees which are business definition applies for these services. SMR service were sold.136 Nineteen winning individuals or are small entities, as that term We are unable at this time to estimate the bidders that won a total of 129 licenses is defined by the SBA. We estimate that only number of other licensees that would qualify claimed status as a small business. In 10,200 will be subject to FY 2003 regulatory as small under the SBA’s definition; addition, there are numerous incumbent site- fees. however, only GMRS licensees are subject to by-site SMR licenses on the 800 and 900 46. Fixed Microwave Services. Microwave regulatory fees. MHz band. services include common carrier,139 private- 49. Offshore Radiotelephone Service. This 41. Private Land Mobile Radio (PLMR). operational fixed,140 and broadcast auxiliary service operates on several UHF TV PLMR systems serve an essential role in a radio services.141 At present, there are broadcast channels that are not used for TV range of industrial, business, land approximately 22,015 common carrier fixed broadcasting in the coastal areas of states 147 transportation, and public safety activities. licensees and 61,670 private operational- bordering the Gulf of Mexico. There is These radios are used by companies of all fixed licensees and broadcast auxiliary radio presently one licensee in this service that sizes operating in all U.S. business licensees in the microwave services. The holds 18 licenses. We are unable to estimate categories. The Commission has not Commission has not yet defined a small at this time whether the licensee would developed a definition of small entity business with respect to microwave services. qualify as small under the SBA’s definition specifically applicable to PLMR licensees For purposes of this IRFA, we will use the due to the vast array of PLMR users. For the SBA’s definition applicable to licensees that serve state, county, and municipal purpose of determining whether a licensee is radiotelephone (wireless) companies—i.e., an enforcement through telephony (voice), telegraphy a small business as defined by the SBA, each entity with no more than 1,500 persons.142 (code) and teletype and facsimile (printed material). We estimate that all of the Fixed Microwave The fire radio service includes 22,677 licensees licensee would need to be evaluated within comprised of private volunteer or professional fire its own business area. licensees (excluding broadcast auxiliary companies as well as units under governmental 42. The Commission is unable at this time licensees) would qualify as small entities control. The local government service that is to estimate the number of small businesses under the SBA definition for radiotelephone presently comprised of 40,512 licensees that are which could be impacted by the rules. The (wireless) companies. state, county, or municipal entities that use the Commission’s 1994 Annual Report on 47. Public Safety Radio Services. Public radio for official purposes not covered by other PLMRs 137 indicates that at the end of fiscal Safety radio services include police, fire, public safety services. There are 7,325 licensees local government, forestry conservation, within the forestry service which is comprised of year 1994 there were 1,087,267 licensees licensees from state departments of conservation operating 12,481,989 transmitters in the highway maintenance, and emergency medical services.143 There are a total of and private forest organizations who set up PLMR bands below 512 MHz. Because any communications networks among fire lookout entity engaged in a commercial activity is towers and ground crews. The 9,480 state and local eligible to hold a PLMR license, the revised 138 13 CFR 121.201, NAICS codes 513321, governments are licensed to highway maintenance rules in this context could potentially impact 513322, and 51333. service provide emergency and routine every small business in the United States. 139 47 CFR 101 et seq. (formerly, part 21 of the communications to aid other public safety services 43. Amateur Radio Service. We estimate Commission’s Rules). to keep main roads safe for vehicular traffic. The 140 1,460 licensees in the Emergency Medical Radio that 9,800 applicants will apply for vanity Persons eligible under parts 80 and 90 of the Commission’s rules can use Private Operational- Service (EMRS) use the 39 channels allocated to call signs in FY 2003. These licensees are Fixed Microwave services. See 47 CFR parts 80 and this service for emergency medical service presumed to be individuals, and therefore 90. Stations in this service are called operational- communications related to the delivery of not small entities. All other amateur fixed to distinguish them from common carrier and emergency medical treatment. 47 CFR 90.15 licensees are exempt from payment of public fixed stations. Only the licensee may use the through 90.27. The 19,478 licensees in the special regulatory fees. operational-fixed station, and only for emergency service include medical services, rescue 44. Aviation and Marine Radio Service. communications related to the licensee’s organizations, veterinarians, handicapped persons, Small businesses in the aviation and marine commercial, industrial, or safety operations. disaster relief organizations, school buses, beach 141 patrols, establishments in isolated areas, radio services use a marine very high Auxiliary Microwave Service is governed by part 74 of Title 47 of the Commission’s rules. See communications standby facilities, and emergency 47 CFR 74 et seq. Available to licensees of broadcast repair of public communications facilities. 47 CFR 133 ‘‘800 MHz SMR Auction Closes’’, Public stations and to broadcast and cable network 90.33 through 90.55. Notice, DA 97–2583 (released December 9, 1997). entities, broadcast auxiliary microwave stations are 144 47 CFR 1.1162. 134 ‘‘800 MHz SMR Specialized Mobile Radio used for relaying broadcast television signals from 145 5 U.S.C. 601(5). (SMR) Service General Category (851–854 MHz) and the studio to the transmitter, or between two points 146 Licensees in the Citizens Band (CB) Radio Upper Band (861–865 MHz) Auction Closes’’, such as a main studio and an auxiliary studio. The Service, General Mobile Radio Service (GMRS), Public Notice, DA 00–2037 (released September 9, service also includes mobile TV pickups, which Radio Control (R/C) Radio Service and Family 2000). relay signals from a remote location back to the Radio Service (FRS) are governed by Subpart D, 135 ‘‘Multi-Radio Service Auction Closes’’, Public studio. Subpart A, Subpart C, and Subpart B, respectively, Notice, DA 02–157 (released January 22, 2002). 142 13 CFR 121.201, NAICS codes 513321, of part 95 of the Commission’s rules. 47 CFR 95.401 136 ‘‘800 MHz SMR Service Lower 80 Channels 513322, 51333. through 95.428; 95.1 through 95.181; 95.201 Auction Closes’’, Public Notice, DA 00–2752 143 With the exception of the special emergency through 95.225; 47 CFR 95.191 through 95.194. (released October 23, 2000). service, these services are governed by Subpart B 147 This service is governed by subpart I of part 137 Federal Communications Commission, 60th of part 90 of the Commission’s rules, 47 CFR 90.15 22 of the Commission’s rules. See 47 CFR 22.1001 Annual Report, Fiscal Year 1994, at paragraph 116. through 90.27. The police service includes 26,608 through 22.1037.

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for radiotelephone (wireless) winning bidders. Based on this information, service providers must compute their annual communications. we conclude that the number of small LMDS regulatory fee based on their interstate and 50. Wireless Communications Services. licenses will include the 93 winning bidders international end-user revenue using This service can be used for fixed, mobile, in the first auction and the 40 winning information they already supply to the radiolocation and digital audio broadcasting bidders in the re-auction, for a total of 133 Commission in compliance with the Form satellite uses. The Commission defined small entity LMDS providers as defined by 499–A, Telecommunications Reporting ‘‘small business’’ for the wireless the SBA and the Commission’s auction rules. Worksheet, and they must complete and communications services (WCS) auction as 53. 218–219 MHz Service. The first auction submit the FCC Form 159. Compliance with an entity with average gross revenues of $40 of 218–219 MHz spectrum resulted in 170 the fee schedule will require some licensees million for each of the three preceding years, entities winning licenses for 595 to tabulate the number of units (e.g., cellular and a ‘‘very small business’’ as an entity with Metropolitan Statistical Area (MSA) licenses. telephones, pagers, cable TV subscribers) average gross revenues of $15 million for Of the 594 licenses, 557 were won by entities they have in service, and complete and each of the three preceding years. The SBA qualifying as a small business. For that submit an FCC Form 159. Licensees has approved these definitions.148 The FCC auction, we defined a small business as an ordinarily will keep a list of the number of auctioned geographic area licenses in the entity that, together with its affiliates, has no units they have in service as part of their WCS service. In the auction, there were seven more than a $6 million net worth and, after normal business practices. No additional winning bidders that qualified as very small federal income taxes (excluding any carry outside professional skills are required to business entities, and one that qualified as a over losses), has no more than $2 million in complete the FCC Form 159, and it can be small business entity. We conclude that the annual profits each year for the previous two completed by the employees responsible for number of geographic area WCS licensees years.154 In the 218–219 MHz Report and an entity’s business records. affected includes these eight entities. Order and Memorandum Opinion and Order, 55. Each licensee must submit the FCC 51. 39 GHz Service. The Commission we defined a small business as an entity that, Form 159 to the Commission’s lockbox bank defined ‘‘small entity’’ for 39 GHz licenses as together with its affiliates and persons or after computing the number of units subject an entity that has average gross revenues of entities that hold interests in such an entity to the fee. Licensees may also file less than $40 million in the three previous and their affiliates, has average annual gross electronically to minimize the burden of calendar years.149 An additional revenues not to exceed $15 million for the submitting multiple copies of the FCC Form classification for ‘‘very small business’’ was preceding three years.155 A very small 159. Applicants who pay small fees in added and is defined as an entity that, business is defined as an entity that, together advance and provide fee information as part together with their affiliates, has average with its affiliates and persons or entities that of their application must use FCC Form 159. gross revenues of not more than $15 million hold interests in such an entity and its 56. Licensees and regulatees are advised for the preceding three calendar years.150 affiliates, has average annual gross revenues that failure to submit the required regulatory These regulations defining ‘‘small entity’’ in not to exceed $3 million for the preceding fee in a timely manner will subject the the context of 39 GHz auctions have been three years.156 We cannot estimate, however, licensee or regulatee to a late payment approved by the SBA. The auction of the the number of licenses that will be won by penalty of 25 percent in addition to the 2,173 39 GHz licenses began on April 12, entities qualifying as small or very small required fee.158 If payment is not received, 2000 and closed on May 8, 2000. The 18 businesses under our rules in future auctions new or pending applications may be bidders who claimed small business status of 218–219 MHz spectrum. Given the success dismissed, and existing authorizations may won 849 licenses. of small businesses in the previous auction, be subject to rescission.159 Further, in 52. Local Multipoint Distribution Service. and the above discussion regarding the accordance with the Debt Collection The auction of the 1,030 Local Multipoint prevalence of small businesses in the Improvement Act of 1996, federal agencies Distribution Service (LMDS) licenses began subscription television services and message may bar a person or entity from obtaining a on February 18, 1998 and closed on March communications industries, we assume for federal loan or loan insurance guarantee if 25, 1998. The Commission defined ‘‘small purposes of this IRFA that in future auctions, that person or entity fails to pay a delinquent entity’’ for LMDS licenses as an entity that all of the licenses may be awarded to small debt owed to any federal agency.160 has average gross revenues of less than $40 businesses by these revised rules. Nonpayment of regulatory fees is a debt owed million in the three previous calendar III. Description of Projected Reporting, the United States pursuant to 31 U.S.C. 3711 151 An additional classification for years. Recordkeeping and Other Compliance ‘‘very small business’’ was added and is Requirements: licensed services (e.g., Personal Radio, part 15, ship defined as an entity that, together with its and aircraft). Governments and non-profit (exempt affiliates, has average gross revenues of not 54. With certain exceptions, the under section 501(c) of the Internal Revenue Code) more than $15 million for the preceding three Commission’s Schedule of Regulatory Fees entities are exempt from payment of regulatory fees calendar years.152 These regulations defining applies to all Commission licensees and and need not submit payment. Non-commercial ‘‘small entity’’ in the context of LMDS regulatees. Most licensees will be required to educational broadcast licensees are exempt from auctions have been approved by the SBA.153 count the number of licenses or call signs regulatory fees as are licensees of auxiliary broadcast services such as low power auxiliary There were 93 winning bidders that qualified authorized, complete and submit an FCC Form 159 (‘‘FCC Remittance Advice’’), and stations, television auxiliary service stations, as small entities in the LMDS auctions. A remote pickup stations and aural broadcast total of 93 small and very small business pay a regulatory fee based on the number of 157 auxiliary stations where such licenses are used in bidders won approximately 277 A Block licenses or call signs. Interstate telephone conjunction with commonly owned non- licenses and 387 B Block licenses. On March commercial educational stations. Emergency Alert 27, 1999, the Commission re-auctioned 161 154 Implementation of section 309(j) of the System licenses for auxiliary service facilities are licenses; there were 40 small business Communications Act—Competitive Bidding, PP WT also exempt as are instructional television fixed Docket No. 93–253, Fourth Report and Order, 59 FR service licensees. Regulatory fees are automatically 24947 (May 13, 1994). waived for the licensee of any translator station 148 See Letter to Amy Zoslov, Chief, Auctions and 155 In the Matter of Amendment of Part 95 of the that: (1) Is not licensed to, in whole or in part, and Industry Analysis Division from A. Alvarez, Commission’s rules to Provide Regulatory does not have common ownership with, the Administrator, SBA (December 2, 1998). Flexibility in the 218–219 MHz Service, WT Docket licensee of a commercial broadcast station; (2) does 149 See In the Matter of Amendment of the No. 98–169, Report and Order and Memorandum not derive income from advertising; and (3) is Commission’s rules Regarding the 37.0–38.6 GHz Opinion and Order, 64 FR 59656 (November 3, dependent on subscriptions or contributions from and 38.6–40.0 GHz Band, Report and Order, 12 FCC 1999). members of the community served for support. Rcd 18600 (1997). 156 Amendment of Part 95 of the Commission’s Receive only earth station permittees are exempt 150 Id. rules to Provide Regulatory Flexibility in the 218– from payment of regulatory fees. A regulatee will 151 See Local Multipoint Distribution Service, 219 MHz Service, Report and Order and be relieved of its fee payment requirement if its Second Report and Order, 62 FR 23148, April 29, Memorandum Opinion and Order, 64 FR 59656 total fee due, including all categories of fees for 1997. (1999). which payment is due by the entity, amounts to less 152 Id. 157 The following categories are exempt from the than $10. 153 See Letter to Daniel Phythyon, Chief, Wireless Commission’s Schedule of Regulatory Fees: 158 47 CFR 1.1164. Telecommunications Bureau (FCC) from A. Alvarez, Amateur radio licensees (except applicants for 159 47 CFR 1.1164(c). Administrator, SBA (January 6, 1998). vanity call signs) and operators in other non- 160 Public Law 104–134, 110 Stat. 1321 (1996).

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et seq., and the Debt Collection Improvement entities; (3) the use of performance, rather V. Federal Rules That May Duplicate, Act of 1996, Public Law 194–134. than design, standards; and (4) an exemption Overlap, or Conflict With the Proposed Appropriate enforcement measures as well as from coverage of the rule, or any part thereof, Rules administrative and judicial remedies, may be for small entities. As described in section IV 62. None. exercised by the Commission. Debts owed to of this IRFA, supra, we have created the Commission may result in a person or procedures in which all fee-filing licensees Attachment B entity being denied a federal loan or loan and regulatees use a single form, FCC Form guarantee pending before another federal 159, and have described in plain language Sources of Payment Unit Estimates for FY agency until such obligations are paid.161 the general filing requirements. We have 2003 57. The Commission’s rules currently sought comment on other alternatives that In order to calculate individual service fees provide for relief in exceptional might simplify our fee procedures or for FY 2003, we adjusted FY 2002 payment circumstances. Persons or entities may otherwise benefit small entities, while units for each service to more accurately request a waiver, reduction or deferment of remaining consistent with our statutory payment of the regulatory fee.162 However, responsibilities in this proceeding. reflect expected FY 2003 payment liabilities. timely submission of the required regulatory 59. The Omnibus Consolidated and We obtained our updated estimates through fee must accompany requests for waivers or Emergency Supplemental Appropriations Act a variety of means. For example, we used reductions. This will avoid any late payment for FY 2002, Public Law 106–553, requires Commission licensee data bases, actual prior penalty if the request is denied. The fee will the Commission to revise its Schedule of year payment records and industry and trade be refunded if the request is granted. In Regulatory Fees in order to recover the association projections when available. We exceptional and compelling instances (where amount of regulatory fees that Congress, tried to obtain verification for these estimates payment of the regulatory fee along with the pursuant to section 9(a) of the from multiple sources and, in all cases, we waiver or reduction request could result in Communications Act, as amended, has compared FY 2003 estimates with actual FY reduction of service to a community or other required the Commission to collect for Fiscal 2002 payment units to ensure that our financial hardship to the licensee), the Year (FY) 2003.163 As noted, we seek Commission will defer payment in response comment on the proposed methodology for revised estimates were reasonable. Where to a request filed with the appropriate implementing these statutory requirements appropriate, we adjusted and/or rounded our supporting documentation. and any other potential impact of these final estimates because the impact of certain proposals on small entities. variables could not be estimated exactly. IV. Steps Taken To Minimize Significant 60. With the use of actual cost accounting These include an unknown number of Economic Impact on Small Entities, and data for computation of regulatory fees, we waivers and/or exemptions that may occur in Significant Alternatives Considered found that some fees which were very small FY 2003, as well as the number of actual 58. The RFA requires an agency to describe in previous years would have increased licensees or station operators that may also any significant alternatives that it has dramatically and would have a fluctuate because of economic, technical or considered in reaching its proposed disproportionate impact on smaller entities. other reasons. Therefore, when we note that approach, which may include the following The methodology we are adopting in this our estimated FY 2003 payment units are four alternatives: (1) The establishment of Notice of Proposed Rulemaking minimizes differing compliance or reporting this impact by limiting the amount of based on FY 2002 actual payment units, we requirements or timetables that take into increase and shifting costs to other services do not necessarily mean that our FY 2003 account the resources available to small which, for the most part, are larger entities. projection is exactly the same number as in entities; (2) the clarification, consolidation, 61. Several categories of licensees and FY 2002. It means that we have either or simplification of compliance or reporting regulatees are exempt from payment of rounded the FY 2003 number or adjusted it requirements under the rule for small regulatory fees. See, e.g., footnote 157, supra. slightly to account for these variables.

Fee category Sources of payment unit estimates

Land Mobile (All), Microwave, 218–219 MHz,164 Marine (Ship Based on Wireless Telecommunications Bureau (WTB) projections of new appli- & Coast), Aviation (Aircraft & Ground), GMRS, Amateur cations and renewals taking into consideration existing Commission licensee Vanity Call Signs, Domestic Public Fixed. data bases. Aviation (Aircraft) and Marine (Ship) estimates have been adjusted to take into consideration the licensing of portions of these services on a voluntary basis. CMRS Mobile Services ...... Based on Wireless Telecommunications Bureau estimates. CMRS Messaging Services ...... Based on Wireless Telecommunications Bureau estimates. AM/FM Radio Stations ...... Based on estimates from Media Services Bureau estimates and actual FY 2002 payment units. UHF/VHF Television Stations ...... Based on Media Services Bureau estimates and actual FY 2002 payment units. AM/FM/TV Construction Permits ...... Based on Media Services Bureau estimates and actual FY 2002 payment units. LPTV, Translators and Boosters ...... Based on actual FY 2002 payment units. Auxiliaries ...... Based on FY 2002 payment units. MDS/LMDS/MMDS ...... Based on Wireless Telecommunications Bureau estimates. Cable Antenna Relay Service (CARS) ...... Based on Media Services Bureau (previously Cable Services Bureau) estimates. Cable Television System Subscribers ...... Based on Media Services Bureau (previously Cable Services Bureau), industry estimates of subscribership, and FY 2002 payment units. Interstate Telecommunication Service Providers ...... Based on actual FY 2002 interstate revenues reported on Telecommunications Reporting Worksheet, adjusted for FY 2003 revenue growth/decline for industry as estimated by the Wireline Competition Bureau. Earth Stations ...... Based on actual FY 2002 payment estimates. Space Stations (GSOs & NGSOs) ...... Based on International Bureau licensee data base estimates. International Bearer Circuits ...... Based on International Bureau estimates. International HF Broadcast Stations, International Public Based on International Bureau estimates. Fixed Radio Service.

161 31 U.S.C. 7701(c)(2)(B). 162 47 CFR 1.1166. 163 47 U.S.C. 159(a).

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Attachment C Calculation of FY 2003 Revenue Requirements and Pro-Rata Fees

Pro-rated FY Computed Rounded new FY 2003 pay- FY 2002 rev- new FY 2003 FY 2003 regu- Expected FY Fee category ment units Years enue estimate 2003 revenue 2003 revenue requirement ** regulatory fee latory fee

PLMRS (Exclusive Use) ...... 3,300 10 204,239 251,148 8 10 330,000 PLMRS (Shared use) ...... 53,300 10 2,166,927 2,664,616 5 5 2,665,000 Microwave ...... 6,100 10 1,145,732 1,408,877 23 25 1,525,000 218–219 MHz (Formerly IVDS) ...... 5 10 1,245 1,531 31 30 1,500 Marine (Ship) ...... 4,400 10 518,070 637,058 14 15 660,000 GMRS ...... 10,600 5 79,205 97,396 2 5 265,000 Aviation (Aircraft) ...... 3,100 10 134,499 165,390 5 5 155,000 Marine (Coast) ...... 1,000 10 89,666 110,260 11 10 100,000 Aviation (Ground) ...... 1,700 5 99,629 122,511 14 15 127,500 Amateur Vanity Call Signs ... 9,800 10 130,016 159,877 1.63 1.63 159,877 AM Class A ...... 78 1 159,008 195,528 2,507 2,500 195,000 AM Class B ...... 2,168 1 1,957,308 2,406,853 1,110 1,100 2,384,800 AM Class C ...... 1,004 1 675,633 830,809 827 825 828,300 AM Class D ...... 2,021 1 2,214,699 2,723,360 1,348 1,350 2,728,350 FM Classes A, B1 & C3 ...... 3,168 1 4,531,717 5,572,539 1,759 1,750 5,544,000 FM Classes B, C, C1 & C2 3,022 1 5,595,554 6,880,713 2,277 2,275 6,875,050 AM Construction Permits ..... 48 1 17,694 21,758 453 455 21,840 FM Construction Permits ..... 202 1 301,875 371,209 1,838 1,850 373,700 Satellite TV ...... 126 1 102,658 126,235 1,002 1,000 126,000 Satellite TV Construction Permit ...... 5 1 2,092 2,573 515 515 2,575 VHF Markets 1–10 ...... 44 1 2,062,516 2,536,224 57,641 57,650 2,536,600 VHF Markets 11–25 ...... 60 1 2,108,844 2,593,192 43,220 43,225 2,593,500 VHF Markets 26–50 ...... 73 1 1,788,836 2,199,687 30,133 30,125 2,199,125 VHF Markets 51–100 ...... 117 1 1,720,690 2,115,889 18,085 18,075 2,114,775 VHF Remaining Markets ...... 209 1 755,062 928,481 4,442 4,450 930,050 VHF Construction Permits ... 16 1 60,275 74,119 4,632 4,625 74,000 UHF Markets 1–10 ...... 96 1 1,236,992 1,521,098 15,845 15,850 1,521,600 UHF Markets 11–25 ...... 96 1 1,005,653 1,236,627 12,882 12,875 1,236,000 UHF Markets 26–50 ...... 129 1 848,240 1,043,059 8,086 8,075 1,041,675 UHF Markets 51–100 ...... 181 1 733,517 901,988 4,983 4,975 900,475 UHF Remaining Markets ..... 190 1 220,628 271,301 1,428 1,425 270,750 UHF Construction Permits ... 45 1 304,192 374,057 8,312 8,300 373,500 Auxiliaries ...... 25,000 1 239,109 294,027 12 10 250,000 International HF Broadcast .. 5 1 2,959 3,639 728 730 3,650 LPTV/Translators/Boos-ters 2,993 1 892,674 1,097,699 367 365 1,092,445 CARS ...... 1,450 1 103,614 127,412 88 90 130,500 Cable Systems ...... 67,500,000 1 36,405,378 44,766,781 0.66 0.66 44,766,781 Interstate Telecommuni- cation Service Providers .. 63,000,000,000 1 101,693,547 125,050,006 0.00198 0.00198 125,050,006 CMRS Mobile Services (Cel- lular/Public Mobile) ...... 140,000,000 1 29,841,965 36,695,916 0.26 0.26 36,695,916 CMRS Messaging Services 19,700,000 1 1,769,590 2,176,021 0.11 0.11 2,176,021 MDS/MMDS/LMDS ...... 4,586 1 985,329 1,211,635 264 265 1,215,290 Internationa Bearer Circuits 2,600,000 1 5,638,992 6,934,127 2.67 2.67 6,934,127 International Public Fixed .... 1 1 1,395 1,715 1,715 1,725 1,725 Earth Stations ...... 3,149 1 540,207 664,280 211 210 661,290 Space Stations (Geo- stationary) ...... 75 1 7,052,426 8,672,192 115,629 115,625 8,671,875 Space Stations (Non-geostationary ...... 7 1 616,902 758,589 108,370 108,375 758,625

Total Estimated Rev- enue to be Collected ...... 218,757,000 269,000,000 ...... 269,268,794

Total Revenue Require- ment ...... 269,000,000 ...... 269,000,000

Difference ...... 0 ...... 268,794 164 1.2297 factor applied based on the amount Congress designated for recovery through regulatory fees (Public Law 107–77 and 47 U.S.C. 159(a)(2)).

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Attachment D FY 2003 Schedule of Regulatory Fees (Proposed)

Annual reg- Fee category ulatory fee (U.S. $’s)

PLMRS (per license) (Exclusive Use) (47 CFR part 90) ...... 10 Microwave (per license) (47 CFR part 101) ...... 25 218–219 MHz (Formerly Interactive Video Data Service) (per license) (47 CFR part 95) ...... 30 Marine (Ship) (per station) (47 CFR part 80) ...... 15 Marine (Coast) (per license) (47 CFR part 80) ...... 10 General Mobile Radio Service (per license) (47 CFR part 95) ...... 5 Rural Radio (47 CFR part 22) (previously listed under the Land Mobile category) ...... 5 PLMRS (Shared Use) (per license) (47 CFR part 90) ...... 5 Aviation (Aircraft) (per station) (47 CFR part 87) ...... 5 Aviation (Ground) (per license) (47 CFR part 87) ...... 15 Amateur Vanity Call Signs (per call sign) (47 CFR part 97) ...... 1.63 CMRS Mobile/Cellular Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) ...... 26 CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90) ...... 11 Multipoint Distribution Services (MMDS, LMDS & MDS) (per call sign) (47 CFR part 21) ...... 265 AM Radio Construction Permits ...... 455 FM Radio Construction Permits ...... 1,850 TV (47 CFR part 73) VHF Commercial: Markets 1–10 ...... 57,650 Markets 11–25 ...... 43,225 Markets 26–50 ...... 30,125 Markets 51–100 ...... 18,075 Remaining Markets ...... 4,450 Construction Permits ...... 4,625 TV (47 CFR part 73) UHF Commercial: Markets 1–10 ...... 15,850 Markets 11–25 ...... 12,875 Markets 26–50 ...... 8,075 Markets 51–100 ...... 4,975 Remaining Markets ...... 1,425 Construction Permits ...... 8,300 Satellite Television Stations (All Markets) ...... 1,000 Construction Permits—Satellite Television Stations ...... 515 Low Power TV, TV/FM Translators & Boosters (47 CFR part 74) ...... 365 Broadcast Auxiliary (47 CFR part 74) ...... 10 CARS (47 CFR part 78) ...... 90 Cable Television Systems (per subscriber) (47 CFR part 76) ...... 66 Interstate Telecommunication Service Providers (per revenue dollar) ...... 00198 Earth Stations (47 CFR part 25) ...... 210 Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes Direct Broadcast Satellite Service (per operational station) (47 CFR part 100) ...... 115,625 Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) ...... 108,375 International Bearer Circuits (per active 64KB circuit) ...... 2.67 International Public Fixed (per call sign) (47 CFR part 23) ...... 1,725 International (HF) Broadcast (47 CFR part 73) ...... 730

FY 2002 RADIO STATION REGULATORY FEES

FM Classes A, FM Classes B, C, C1 Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 & C2

<=20,000 ...... 500 375 275 325 375 500 20,001 to 50,000 ...... 925 725 375 525 725 925 50,001 to 125,000 ...... 1,500 975 525 775 975 1,500 125,001 to 400,000 ...... 2,250 1,575 800 950 1,575 2,250 400,001 to 1,000,000...... 3,125 2,525 1,425 1,700 2,525 3,125 >1,000,000 ...... 4,975 4,100 2,075 2,625 4,100 4,975

FY 2003 RADIO STATION REGULATORY FEES

FM Classes A, FM Classes B, C, C1 Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 & C2

<=25,000 ...... 600 450 325 400 475 625 25,001 to 75,000 ...... 1,200 900 475 600 950 1,100 75,001 to 150,000 ...... 1,800 1,125 650 1,000 1,300 2,025 150,001 to 500,000 ...... 2,700 1,925 975 1,200 2,025 2,650

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FY 2003 RADIO STATION REGULATORY FEES—Continued

FM Classes A, FM Classes B, C, C1 Population served AM Class A AM Class B AM Class C AM Class D B1 & C3 & C2

500,001 to 1,200,000...... 3,900 2,925 1,625 2,000 3,200 3,900 1,200,001 to 3,000,000 ...... 6,000 4,500 2,450 3,200 5,225 6,250 >3,000,000 ...... 7,200 5,400 3,100 4,000 6,650 8,125

Attachment E FEDERAL COMMUNICATIONS foregoing reclassification. See Factors, Measurements and Calculations COMMISSION SUPPLEMENTARY INFORMATION. that Go into Determining Station Signal DATES: Comments must be filed on or Contours and Associated Population 47 CFR Part 73 before May 12, 2003, and reply Coverages comments on or before May 27, 2003. AM Stations [DA 03–816; MB Docket No. 03–77; RM– ADDRESSES: Secretary, Federal 10660] Specific information on each day tower, Communications Commission, 445 12th Street, SW., Room TW–A325, including field ratio, phasing, spacing and Radio Broadcasting Services; Ashland, Washington, DC 20554. In addition to orientation was retrieved, as well as the AL, Atlanta, GA, Coaling, Cordova, filing comments with the FCC, theoretical pattern RMS figure (mV/m @ 1 Decatur, Dora, Hackleburg, Hobson km) for the antenna system. The standard, or interested parties should serve the Joint City, Holly Pond, Midfield, Sylacauga, modified standard if pertinent, horizontal Petitioners’ counsel, as follows: Kevin F. and Tuscaloosa, AL plane radiation pattern was calculated using Reed, Esq., Elizabeth A. M. McFadden, techniques and methods specified in section AGENCY: Federal Communications Esq., and Nam E. Kim, Esq., Down 73.150 and 73.152 of the Commission’s Lohnes & Albertson, PLLC; 1200 New 165 Commission. rules. Radiation values were calculated for Hampshire Avenue, NW., Suite 800; each of 72 radials around the transmitter site ACTION: Proposed rule. (every 5 degrees of azimuth). Next, estimated Washington, DC 20036. soil conductivity data was retrieved from a SUMMARY: This Notice of Proposed Rule FOR FURTHER INFORMATION CONTACT: R. database representing the information in FCC Making requests comments on a petition Barthen Gorman, Media Bureau, (202) Figure M3. Using the calculated horizontal for rule making filed jointly by Cox 418–2180. radiation values, and the retrieved soil Radio, Inc. and its wholly-owned SUPPLEMENTARY INFORMATION: This is a conductivity data, the distance to the city subsidiary CXR Holdings, Inc. Cox synopsis of the Commission’s notice of grade (5 mV/m) contour was predicted for proposes to downgrade Station proposed rule making, MB Docket No. each of the 72 radials. The resulting distance to city grade contours were used to form a WBHJ(FM), Channel 239C1 to Channel 03–77, adopted March 19, 2003, and geographical polygon. Population counting 239C2 and move the station from released March 21, 2003. The full text was accomplished by determining which Tuscaloosa, Alabama, to Midfield, of this Commission decision is available 2000 block centroids were contained in the Alabama, as Midfield’s first local aural for inspection and copying during polygon. The sum of the population figures transmission service. To accommodate regular business hours in the FCC’s for all enclosed blocks represents the total the foregoing changes, Cox proposes to Reference Information Center at Portals population for the predicted city grade (a) reallot Channel 238A, Station II, 445 12th Street, SW., CY–A257, coverage area. WFMH–FM, from Holly Pond, Alabama, Washington, DC, 20554. This document FM Stations to Hackleburg, Alabama, as may also be purchased from the The maximum of the horizontal and Hackleburg’s first local service; (b) Commission’s duplicating contractors, vertical HAAT (m) and ERP (kW) was used. replace the local service at Holly Pond Qualex International, Portals II, 445 Where the antenna HAMSL was available, by reallotting Channel 245C, Station 12th Street, SW., Room CY–B402, it was used in lieu of the overall HAAT figure WRSA(FM), from Decatur, Alabama, to Washington, DC, 20554, telephone 202– to calculate specific HAAT figures for each Holly Pond; (c) reallot Channel 237A , 863–2893, facsimile 202–863–2898, or of 72 radials under study. Any available Station WFFN(FM), from Cordova, via e-mail [email protected]. The directional pattern information was applied Alabama, to Coaling, Alabama, as coordinates for requested Channel as well, to produce a radial-specific ERP Coaling’s first local service; (d) and 239C2 at Midfield, Alabama are 33–24– figure. The HAAT and ERP figures were used replace the local service at Cordova by 50 NL and 87–01–05 WL, with a site in conjunction with the propagation curves reallotting Channel 223A, Station restriction of 11.4 kilometers (7.1 miles) specified in section 73.313 of the Commission’s rules to predict the distance to WQOP–FM, from Dora, Alabama, to southwest of Midfield. The coordinates the city grade (70 dBuV/m or 3.17 mV/m) Cordova. Further, Cox proposes to (e) for requested Channel 238A at contour for each of the 72 radials.166 The reallot Channel 238A, Station Hackleburg, Alabama, are 34–13–15 NL resulting distance to city grade contours were WASZ(FM), from Ashland, Alabama, to and 87–45–00 WL, with a site restriction used to form a geographical polygon. Hobson City, Alabama, as Hobson City’s of 9.5 kilometers (5.9 miles) southeast of Population counting was accomplished by first local FM and second local aural Hackleburg. The coordinates for determining which 2000 block centroids transmission service; (f) replace the sole requested Channel 245C at Holly Pond were contained in the polygon. The sum of local operating service at Ashland by are 34–29–23 NL and 86–37–38 WL, the population figures for all enclosed blocks reallotting Channel 252A, Station with a site restriction of 35.1 kilometers represents the total population for the WTRB–FM, from Sylacauga to Ashland; (21.8 miles) north of Holly Pond. The predicted city grade coverage area. and (g) to accommodate the reallotment coordinates for requested Channel 237A [FR Doc. 03–8574 Filed 4–9–03; 8:45 am] of Channel 252A to Ashland, to at Coaling, Alabama, are 33–04–58 NL BILLING CODE 6712–02–P reclassify Channel 253C, Station WSB– and 87–27–02 WL, with a site restriction FM, Atlanta, Georgia, to Channel 253C0. of 13.4 kilometers (8.3 miles) southwest 165 47 CFR 73.150 and 73.152. The licensee of Station WSB–FM, CXR of Coaling. The coordinates for 166 47 CFR 73.313. Holdings, Inc. has agreed to the requested Channel 223A at Cordova are

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33–38–55 NL and 87–09–19 WL, with a 223A at Cordova; by removing Channel 03–79, adopted March 19, 2003, and site restriction of 12.4 kilometers (7.7 245C at Decatur; by removing Dora, released March 21, 2003. The full text miles) south of Cordova. The Channel 223A; by adding Hackleburg, of this Commission decision is available coordinates for requested Channel 238A Channel 238A; by adding Hobson City, for inspection and copying during at Hobson City are 33–29–30 NL and Channel 238A; by removing Channel normal business hours in the 85–52–55 WL, with a site restriction of 238A and adding Channel 245C at Holly Commission’s Reference Center, 445 14.8 kilometers (9.2 miles) south of Pond; by adding Midfield, Channel Twelfth Street, SW., Washington, DC Hobson City. The coordinates for 239C2; by removing Sylacauga, Channel 20554. The complete text of this requested Channel 252A at Ashland are 252A; and by removing Channel 239C1 decision may also be purchased from 33–15–45 NL and 85–54–00 WL, with a at Tuscaloosa. the Commission’s duplicating 3. Section 73.202(b), the Table of FM site restriction of 6.1 kilometers (3.8 contractor, Qualex International Portals Allotments under Georgia, is amended miles) west of Ashland, Alabama. II, 445 12th Street, SW., Room CY–B402, Cox’s reallotment proposals for by removing Channel 253C and adding Washington, DC, 20554, telephone 202– Stations WBHJ, WFMH–FM, WRSA, Channel 253C0 at Atlanta. 863–2893, facsimile 202–863–2898, or WFFN, WQOP–FM, WASZ, and WTRB– Federal Communications Commission. via e-mail [email protected]. FM comply with the provisions of John A. Karousos, Section 1.420(i) of the Commission’s Provisions of the Regulatory Assistant Chief, Audio Division, Media Rules, and therefore, the Commission Bureau. Flexibility Act of 1980 do not apply to will not accept competing expressions this proceeding. [FR Doc. 03–8754 Filed 4–9–03; 8:45 am] of interest in the use of Channel 239C2 BILLING CODE 6712–01–P Members of the public should note at Midfield, the use of Channel 238A at that from the time a notice of proposed Hackleburg, the use of Channel 245C at rule making is issued until the matter is Holly Pond, the use of Channel 237A at FEDERAL COMMUNICATIONS no longer subject to Commission Coaling, the use of Channel 223A at COMMISSION consideration or court review, all ex Cordova, the use of Channel 238A at parte contacts are prohibited in Hobson City, or the use of Channel 47 CFR Part 73 Commission proceedings, such as this 252A at Ashland, or require Cox to demonstrate the availability of [DA 03–833, MB Docket No. 03–79, RM– one, which involve channel allotments. 10673] additional equivalent class channels for See 47 CFR 1.1204(b) for rules governing permissible ex parte contact. use by other parties. Radio Broadcasting Services; The provisions of the Regulatory Ridgecrest, CA For information regarding proper Flexibility Act of 1980 do not apply to filing procedures for comments, see 47 this proceeding. AGENCY: Federal Communications CFR 1.415 and 1.420. Members of the public should note Commission. that from the time a notice of proposed ACTION: Proposed rule. List of Subjects in 47 CFR Part 73 rule making is issued until the matter is Radio, Radio broadcasting. no longer subject to Commission SUMMARY: This document requests consideration or court review, all ex comments on a petition filed by Dana J. For the reasons discussed in the parte contacts are prohibited in Puoplo proposing the allotment of preamble, the Federal Communications Commission proceedings, such as this Channel 252A at Ridgecrest, CA, as that Commission proposes to amend 47 CFR one, which involve channel allotments. community’s third FM commercial part 73 as follows: See 47 CFR 1.1204(b) for rules service. Channel 252A can be allotted to governing permissible ex parte contacts. Ridgecrest, consistent with the PART 73—RADIO BROADCAST For information regarding proper minimum distance separation SERVICES filing procedures for comments, see 47 requirements of the Commission’s rules, CFR 1.415 and 1.420. provided there is a site restriction of 1. The authority citation for part 73 12.5 kilometers (7.7 miles) west of the continues to read as follows: List of Subjects in 47 CFR Part 73 community. The reference coordinates Authority: 47 U.S.C. 154, 303, 334 and 336. Radio, Radio broadcasting. for Channel 252A at Ridgecrest are 35– For the reasons discussed in the 39–19 North Latitude and 117–48–06 § 73.202 [Amended] preamble, the Federal Communications West Longitude. Commission proposes to amend 47 CFR DATES: Comments must be filed on or 2. Section 73.202(b), the Table of FM part 73 as follows: before May 12, 2003, and reply Allotments under California, is comments on or before May 27, 2003. amended by adding Channel 252A at PART 73—RADIO BROADCAST ADDRESSES: Federal Communications Ridgecrest. SERVICES Commission, 445 Twelfth Street, SW., Federal Communications Commission. 1. The authority citation for part 73 Washington, DC 20554. In addition to John A. Karousos, continues to read as follows: filing comments with the FCC, Assistant Chief, Audio Division, Media interested parties should serve the Bureau. Authority: 47 U.S.C. 154, 303, 334, and petitioner, as follows: Dana J. Puopolo, 336. [FR Doc. 03–8753 Filed 4–9–03; 8:45 am] 2134 Oak Street, Unit C, Santa Monica, BILLING CODE 6712–01–P § 73.202 [Amended] CA 90405. 2. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: Allotments under Alabama, is amended Rolanda F. Smith, Media Bureau, (202) by removing Channel 238A and adding 418–2180. Channel 252A at Ashland; by adding SUPPLEMENTARY INFORMATION: This is a Coaling, Channel 237A; by removing summary of the Commission’s notice of Channel 237A and adding Channel proposed rule making, MB Docket No.

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DEPARTMENT OF TRANSPORTATION Anyone is able to search the issues for comment and to question electronic form of all comments further those offering comments to Research and Special Programs received into any of our dockets by the assure that we completely understand Administration name of the individual submitting the each issue. comments (or signing the comments, if The preliminary agenda for the April 49 CFR Part 192 submitted on behalf of an association, meeting includes the following [Docket No. RSPA–00–7666; Notice 7] business, labor union, etc.). You may questions for discussion: review the U.S. Department of Assessment RIN 2137–AD54 Transportation’s complete Privacy Act Statement in the Federal Register Low Stress Pipelines Pipeline Safety: Pipeline Integrity published on April 11, 2000, (65 FR Management in High Consequence Should assessment requirements for 19477–78) or you may visit http:// Areas (Gas Transmission Pipelines) low-stress pipeline (i.e., operating at less dms.dot.gov. than 30 percent SMYS) allow use of AGENCY: Office of Pipeline Safety (OPS), FOR FURTHER INFORMATION CONTACT: Jean confirmatory direct assessment (CDA) Research and Special Programs Milam at (202) 493–0967 or Jenny for all assessments (baseline and Administration (RSPA), DOT. Donohue at (202) 366–4046, regarding reassessments)? ACTION: Notice of public meeting. this document. General information Pressure Testing about RSPA/OPS programs may be SUMMARY: This notice announces a one- obtained by accessing RSPA’s Internet Should the requirement to pressure day public meeting to solicit comments page at http://rspa.dot.gov. test pipelines to verify integrity against on issues raised at a recent meeting of Information on Services for material and construction defects be the Technical Pipeline Safety Standards Individuals With Disabilities: For limited to pipeline segments for which Committee (TPSSC), at a public meeting information on facilities or services for information suggests a potential OPS held on March 14, 2003, and at a individuals with disabilities or to vulnerability to such defects? If so, what public workshop held February 21–22, request special assistance, contact Juan information should be relied upon? 2003, which was jointly organized by Carlos, (202) 366–1933. Direct Assessment Equivalency the Interstate Natural Gas Association of SUPPLEMENTARY INFORMATION: America (INGAA) Foundation and the Should the assessment intervals for American Gas Association (AGA). At Background direct assessment be revised to be the this meeting we intend to present the To better prevent pipeline failures same as those applicable to in-line issues for comment and to question that can imperil the health and safety of inspection or pressure testing? Are there further those offering comments to nearby residents and cause significant opportunities to quickly schedule and assure that we completely understand damage to their property, RSPA/OPS is assess research demonstrations to each issue. promulgating a series of rules to require provide additional data on which to ADDRESSES: The meeting is open to all. pipeline operators to develop integrity base judgments about validity? There is no cost to attend. This meeting management programs. These programs Plastic Transmission Lines will be held on Friday, April 25, 2003, are intended to identify the best What assessment requirements should from 8 a.m. to 4 p.m. at the Marriott at methods for maintaining the structural be applicable to plastic transmission Washington Dulles Airport, 4520 soundness of pipelines operating across pipelines? Aviation Drive, Dulles, VA 20166. Tel: the United States. The programs 703–471–9500; Web site: http:// operators develop are to include Repairs www.marriott.com. You may register conducting baseline and periodic Dents and Gouges electronically for this meeting at: http:/ assessments of certain pipeline /primis.rspa.dot.gov/meetings. Please segments. RSPA/OPS has completed the Should a repair criteria for constraint make your reservations as soon as integrity management program rules for dents on the bottom of the pipe be possible as hotel rooms are limited. For hazardous liquid operators and is now different from that allowed for dents other details on this meeting contact addressing the requirements for natural located on the top? Should the presence Juan Carlos at 202–366–1933. gas transmission pipeline operators. of stress risers, cracking or metal loss You may submit written comments by RSPA/OPS proposed a rule on integrity affect this decision? mail or delivery to the Dockets Facility, management program requirements on Preventive and Mitigation Measures U.S. Department of Transportation, January 28, 2003, (68 FR 4278). Room PL–401, 400 Seventh Street, SW., The proposed rule has been discussed Third Party Damage Washington, DC 20590–0001. The at a meeting of the Technical Pipeline Should additional third-party damage dockets facility is open from 10 a.m. to Safety Standards Committee (TPSSC) on prevention methods be utilized instead 5 p.m., Monday through Friday, except March 27, 2003, at a public meeting of explicit assessments for third-party on Federal holidays. You should submit OPS held in Washington, DC, on March damage? What methods should be used the original and one copy. Anyone who 14, 2003, and at a workshop jointly in conjunction with other assessment wants confirmation of receipt of their organized by the Interstate Natural Gas methods to detect delayed third party comments must include a stamped, self- Association of America (INGAA) damage? addressed postcard. You may also Foundation and the American Gas submit comments to the docket Association (AGA) held in Houston, TX, Segments Outside HCAs electronically. To do so, log on to the on February 21–22, 2003. Discussions How can the requirements be clarified Internet Web address http:// from the public meeting and the for the situations when an operator dms.dot.gov. And click on ‘‘Help’’ for workshop are in the docket. Several should look beyond the segment in a instructions on electronic filing of issues were raised during these high consequence area, when segments comments. All written comments discussions that OPS/RSPA would like outside the HCA are likely to have should identify the docket number to explore further. RSPA/OPS is holding similar integrity concerns as those RSPA–00–7666; Notice 7. the April public meeting to present the found inside an HCA?

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Performance Measures 660 feet using specified number of radius calculated using the C–FER Should we require monthly electronic buildings intended for human equation? reporting of performance measures? occupancy. Under the potential impact circle option, operators would use the Extrapolation Definitions circles to identify areas where the Should a rule allow an operator to use High Consequence Area—Bifurcation density of buildings intended for human data regarding the number of buildings Option occupancy exceeds a specified number within 660 feet of the pipeline (available and then focus the integrity now to operators because of the existing Should a rule allow two options: assessments, repairs and other definition of class locations) to infer following the definition of high protections in these areas. consequence areas defined by final rule Requirements for how an operator (extrapolate) the building density in on August 6, 2002; (67 FR 50824) or treats identified sites that are defined in potential impact circles larger than 660 using potential impact circles along the the high consequence area would not feet? Should this be limited to an entire length of the pipeline? Under change under either option. interim period of five years to allow either option, an operator would operators to collect additional data on calculate the potential impact circles for Population Threshold buildings beyond 660 feet? each segment, but the use of those Should the criterion for determining circles would differ depending on the Issued in Washington, DC, on April 7, the population density component of a 2003. option. If the operator used the class high consequence area be based on 10 location component of the high or 20 buildings intended for human Stacey L. Gerard, consequence area definition, the occupancy within the impact circle? Associate Administrator for Pipeline Safety. operator would treat entire class 3 and [FR Doc. 03–8814 Filed 4–9–03; 8:45 am] Impact Radius Safety Margin 4 areas as high consequence areas and BILLING CODE 4910–60–P use the potential impact circles to Should additional safety margin be determine population density beyond applied to the potential impact circle

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Notices Federal Register Vol. 68, No. 69

Thursday, April 10, 2003

This section of the FEDERAL REGISTER Charlton, Forest Lands Officer, Lassen regarding the request for confidentiality, contains documents other than rules or National Forest, 2550 Riverside Drive, and where the request is denied, the proposed rules that are applicable to the Susanville, CA 96130. Telephone (530) agency will return the submission and public. Notices of hearings and investigations, 257–2151. notify the requester that the comments committee meetings, agency decisions and may be resubmitted with or without rulings, delegations of authority, filing of SUPPLEMENTARY INFORMATION: Forest petitions and applications and agency Service (lead agency) is proposing an name and address. statements of organization and functions are equal value exchange of federal land Reviewers should provide the Forest examples of documents appearing in this with the SCSD for one SCSD parcel and Service with their comments during the section. third party private lands. If the values review period of the DEIS. This will are unequal, either party may equalize enable the Forest Service to analyze and the values by making a cash payment respond to the comments at one time DEPARTMENT OF AGRICULTURE not to exceed 25 percent of the value of and to use information acquired in the the lands transferred out of Federal preparation of the final environmental Forest Service ownership. The Forest Service is impact statement, thus avoiding undue initiating this action in response to a delay in the decision making process. USDA-Forest Service/Spalding Land request by SCSD to acquire lands to Reviewers have an obligation to Exchange and Special Use Permit accommodate construction and structure their participation in the Environmental Impact Statement and operation of a wastewater collection and National Environmental Policy Act Lassen National Forest Plan treatment facility. The federal lands are process so that it is meaningful and Amendment, Lassen National Forest, from the Lassen National Forest (57.21 alerts the agency to the reviewers’ Lassen County, CA acres). Lands the SCSD may potentially position and contentions. Vermont AGENCY: Forest Service, USDA. exchange include up to eleven parcels Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Environmental ACTION: Notice of availability of draft listed in order of priority for acquisition objections that could have been raised at environmental impact statement. (Lassen County Assessor Parcel Numbers 077–303–21; 075–120–14, –15, the draft stage may be waived if not SUMMARY: The U.S. Department of 075–130–11, 075–080–17; and Plumas raised until after completion of the final Agriculture, Forest Service, Lassen County Assessor Parcel Numbers 009– environmental impact statement. City of National Forest, wishes to advise the 190–006; 010–010–029, –030; and 005– Angoon v. Hodel (9th Circuit, 1986) and public of availability of a DRAFT 220–018, –019, –020). Acquisition of Wisconsin Heritages, Inc. v. Harris, 490 Environmental Impact Statement (DEIS) these parcels would improve access to F. Supp. 1334, 1338 (E.D. Wis. 1980). for a proposed land exchange between National Forest System Lands, eliminate Comments on the DEIS should be the Spalding Community Services one or more in-holdings, and add specific and should address the District (SCDS) and the Lessen National wetland habitat to the Lassen National adequacy of the statement and the Forest, Lassen County, CA. Approval Forest. Approval of the land exchange merits of the alternatives discussed (40 would include the transfer of would also include a non-significant CFR 1503.3). approximately 57.21 acres of Federal minor amendment to the Lassen LRMP, Dated: March 21, 2003. lands encompassing one 52.50 acre and authorization of a special use of Edward C. Cole, parcel and one 4.71 acres parcel, and National Forest System Lands for water Forest Supervisor, Lassen National Forest. also includes a non-significant minor and sewer pipeline corridors and an [FR Doc. 03–8804 Filed 4–9–03; 8:45 am] amendment to the ‘‘Lassen National access road totaling approximately 2.7 BILLING CODE 3410–11–M Forest Land and Resource Management acres. The DEIS analyses the Plan’’ (LRMP), and authorization of a environmental impacts of this proposal special use of National Forest System as well as the ‘‘no action’’ alternative. DEPARTMENT OF AGRICULTURE Lands for water and sewer pipeline Comments received in response to corridors, and an access road totaling this solicitation, including names and Forest Service approximately 2.7 acres. Details on the addresses of those who comment, will proposed action, location and areas of be considered part of the public record Klamath National Forest, California, environmental concern addressed in the on this proposed action and will be Horse Heli Project DEIS are provided in the available for public inspection. AGENCY: Forest Service, USDA. SUPPLEMENTARY INFORMATION section. Comments submitted anonymously will ACTION: Notice of intent to prepare an DATES: Submit comments on or before be accepted and considered. environmental impact statement. close of business on May 27, 2003 at the Additionally, pursuant to 7 CFR 1.27(d), address listed below. any person may request the agency to SUMMARY: The Forest Service will The final EIS is scheduled for withhold a submission to the public prepare an environmental impact completion in June 2003. record by showing how the Freedom of statement on a proposal to treat ADDRESSES: You may submit comments Information (FOIA) permits such vegetation using a variety of to the responsible official: Edward C. confidentiality should be aware that, silvicultural methods on approximately Cole, Forest Supervisor, Lassen National under the FOIA, confidentiality may be 1,680 acres of National Forest System Forest, 2550 Riverside Drive, Susanville, granted in only very limited lands in the Horse Creek watershed near CA 96130. circumstances, such as to protect trade the towns of Horse Creek and Klamath To obtain a copy of the DEIS or for secrets. The Forest Service will inform River, in Siskiyou County, California. further information contact: Lois the requester of the agency’s decision Approximately 1.9 miles of classified

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and 1.6 miles of unclassified roads are lower elevations of the project area are All activities would likely be completed proposed for decommissioning. comprised of mixed conifer timber within five years of the decision being Approximately 1.8 miles of unclassified stands. These stands vary in average tree made. roads would be added to the size and stocking levels. Although they Forestwide Standard and Guideline transportation system. Activities would are not heavily infested with disease, 11–4 of the Klamath National Forest likely take place within five years of the they are at abnormal risk to wildfire. Land and Resource Management Plan decision. An amendment to the Klamath Fire risk modeling using existing fuel would be modified to state: ‘‘Perpetuate National Forest Land and Resource levels indicates that stands within the the sustainable, aesthetically valued Management Plan to modify an existing project area would burn with severe landscape character when implementing standard and guideline is also part of intensity in the event of a wildfire. Forest programs and activities. Achieve the proposal. Forest Visual Quality Objectives (VQOs) Proposed Action DATES: Comments concerning the scope to help conserve that character’s of the analysis should be received The Scott River District of the existing and potential valued attributes. within 14 days of the publication of this Klamath National Forest proposes to If the character is seriously threatened notice in the Federal Register. The draft treat vegetation on approximately 1,680 due to current ecosystem conditions, environmental impact statement is acres in the Horse Creek watershed individual corrective alterations may be expected by May 2003, and the final using the following silvicultural permitted, even if inconsistent with the environmental impact statement is prescriptions (acreages are Forest VQO. When undertaking such expected by September 2003. approximate): 699 acres of thinning, 344 corrective actions, the following acres of group selection, 553 acres of ADDRESSES: Send written comments to provisions apply: Ray Haupt, District Ranger, Scott River sanitation/salvage, 72 acres of green tree (a) Alterations must remain consistent Ranger District, 11263 N. Highway 3, retention, and 12 acres of overstory with the Forest VQO in the cumulative Fort Jones, CA 96032. removal. Tractor, cable, and helicopter sense, thereby meeting the VQO within logging methods would be used, with FOR FURTHER INFORMATION CONTACT: the affected area’s immediate viewshed Bill helicopter as the predominant method. Bailey, Timber Management Officer, at and/or its linear viewing corridor; Project-generated fuels would be (b) Public scenery interests of the the above address or call (530) 468– treated through a combination of 5351. affected area must be fully considered; mastication (reducing vegetative matter and SUPPLEMENTARY INFORMATION: to small pieces using machinery) and (c) Alterations in excess of the Forest Purpose and Need for Action hand piling/burning. Mastication would VQO would persist no longer than 10 occur on areas that are less than 45% years after project completion.’’ The purpose of this proposed action slope gradient. Hand piling would occur is to protect the long-term hydrologic on steeper slopes and any areas with Nature of Decision To Be Made and aquatic health within the Horse machine entry exclusions. The Forest Service must decide Creek watershed and four 7th field All Shasta red fir, white fir, and whether it will implement this project, subwatersheds (Horse/Middle, hemlock stumps would be hand treated including a project-specific amendment Buckhorn, Kohl, and Doggett Creeks). with the fungicide Sporax to reduce to the Klamath National Forest Land The Horse/Middle, Buckhorn, and the spread of fungus Heterobasidion and Resource Management Plan; Doggett Creek subwatersheds are annosum (Fomes annosus). implement an alternative that meets the considered impaired, as described in the Openings created from group purpose and need; or not implement Horse Creek Ecosystem Analysis (also selection and green tree retention any project at this time. known as a Watershed Analysis, prescriptions would be planted and November 2002). During the Horse baiting for pocket gophers. Baiting Responsible Official Creek Ecosystem Analysis process, application method would consist of Margaret Boland, Forest Supervisor, existing conditions were compared to probing and/or spooning method of USDA Forest Service, 1312 Fairlane the desired conditions in the Klamath below-ground application of strychnine. Road, Yreka, California 96097 is the National Forest Land and Resource There would be no new system road Responsible Official. Management Plan, and a need to reduce construction. Approximately 1.9 miles both stocking and fuel levels was on seven classified road segments are Scoping Process identified. This would also reduce the proposed for decommissioning in this In October 2001, this project was risk of catastrophic fire and promote project design. Approximately 1.6 miles included in the Klamath National forest stand health and longevity. The of eight unclassified roads and road Forest’s Fall 2001 Schedule of Proposed need was further documented with a segments are proposed for Actions, which was posted on the fuels inventory completed in the decommissioning. Approximately 1.8 Klamath National Forest’s internet summer of 2002 that showed miles of two existing unclassified roads website and mailed to interested parties. abnormally high fuel levels of 33 tons are proposed for adding to the In January 2003, a scoping letter was per acre in the project area. transportation system. sent to potentially affected individuals The higher elevations of the project The areas proposed for treatment are and anyone who expressed interest in area are comprised of stands of Shasta within the General Forest, Retention, the proposal. This Notice of Intent red fir. These stands are heavily infested Partial Retention, Special Interest Area invites additional public comment on with dwarf mistletoe and Cytospora (a (Condrey Mountain Blueschist), and this proposal and initiates the common and damaging canker in true Riparian Reserve land allocations in the preparation of the environmental impact fir) due to years of fire suppression, Klamath National Forest Land and statement. Due to the extensive scoping drought, and stress from overcrowded Resource Management Plan. The legal effects already conducted, no scoping stands. Mortality and disease are highly description for the proposal is meeting is planned. The public is evident. There are many visible dead Township 47 North, Range 9 West, encouraged to take part in the planning trees, standing and on the ground, as Sections 19, 20, and 30; Township 47 process and to visit with Forest Service well as infected trees with dead needles North, Range 10 West, Sections 11–15, officials at any time during the analysis in large portions of the crowns. The 22, 24, and 26; Mount Diablo Meridian. and prior to the decision.

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While public participation in this chapters of the draft statement. Dated: April 4, 2003. analysis is welcome at any time, Comments may also address the S.E. ‘‘Lou’’ Woltering, comments received within 14 days of adequacy of the draft environmental Forest Supervisor. the publication of this notice will be impact statement or the merits of the [FR Doc. 03–8749 Filed 4–9–03; 8:45 am] especially useful in the preparation of alternatives formulated and discussed in BILLING CODE 3410–11–M the draft environmental impact the statement. Reviewers may wish to statement. The scoping process will refer to the Council on Environmental include identifying potential issues, Quality Regulations for implementing DEPARTMENT OF AGRICULTURE significant issues to be analyzed in the procedural provisions of the depth, alternatives to the proposed National Environmental Policy Act at 40 Rural Business-Cooperative Service action, and potential environmental CFR 1503.3 in addressing these points. effects of the proposal and alternatives. Comments received, including the Inviting Rural Business Enterprise Grant Program Preapplications for Comment Requested names and addresses of those who comment, will be considered part of the Technical Assistance for Rural This notice of intent initiates the public record on this proposal and will Transportation Systems scoping process, which guides the be available for public inspection. AGENCY: Rural Business-Cooperative development of the environmental Service, USDA. impact statement. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section ACTION: Notice. Early Notice of Importance of Public 21). SUMMARY: The Rural Business- Participation in Subsequent Dated: April 4, 2002. Environmental Review Cooperative Service (RBS), an Agency Margaret J. Boland, within the Rural Development mission A draft environmental impact Forest Supervisor, Klamath National Forest. area, announces the availability of two statement will be prepared for comment. [FR Doc. 03–8755 Filed 4–9–03; 8:45 am] individual grants: one single $496,750 The comment period on the draft BILLING CODE 3410–11–P grant from the passenger transportation environmental impact statement will be funds appropriated for the RBS Rural 45 days from the date the Business Enterprise Grant (RBEG) Environmental Protection Agency DEPARTMENT OF AGRICULTURE publishes the notice of availability in program and another single $248,375 grant from the Federally Recognized the Federal Register. Forest Service The Forest Service believes, at this Native American Tribes funds early stage, it is important to give Del Norte County Resource Advisory appropriated for RBS under the RBEG reviewers notice of several court rulings Committee Program for fiscal year (FY) 2003. Each related to public participation in the grant is to be competitively awarded to environmental review process. First, AGENCY: Forest Service, USDA. a qualified national organization. These reviewers of draft environmental impact ACTION: Notice of meeting. grants are to provide technical statements must structure their assistance for rural transportation. participation in the environmental SUMMARY: The Del Norte County DATES: The deadline for receipt of review of the proposal so that it is Resource Advisory Committee (RAC) preapplications in the Rural meaningful and alerts an agency to the will meet on May 6, 2003 in Crescent Development State Office is May 15, reviewer’s position and contentions. City, California. The purpose of the 2003. Preapplications received at a Vermont Yankee Nuclear Power Corp. v. meeting is to discuss the selection of Rural Development State Office after NRDC, 435 U.S. 519, 553 (1978). Also, Title II projects under Public Law 106– that date would not be considered for environmental objections that could be 393, H.R. 2389, the Secure Rural FY 2003 funding. raised at the draft environmental impact Schools and Community Self- ADDRESSES: For further information, statement stage but that are not raised Determination Act of 2000, also called entities wishing to apply for assistance until after completion of the final the ‘‘Payments to States’’ Act. should contact a Rural Development environmental impact statement may be DATES: The meeting will be held on May State Office to receive further waived or dismissed by the courts. City 6, 2003 from 6 to 8:30 p.m. information and copies of the pre- of Angoon v. Hodel, 803 F.2d 1016, ADDRESSES: The meeting will be held at application package. A list of Rural 1022 (9th Cir. 1986) and Wisconsin the Del Norte County Unified School Development State Offices follows: Heritages, Inc. v. Harris, 490 F. Supp. District Board Room, 301 West 1334, 1338 (E.D. Wis. 1980). Because of Washington Boulevard, Crescent City, District of Columbia these court rulings, it is very important California. Rural Business-Cooperative Service, USDA that those interested in this proposed Specialty Lenders Division FOR FURTHER INFORMATION CONTACT: action participate by the close of the 45- 1400 Independence Avenue, SW. Laura Chapman, Committee day comment period so that substantive STOP 3225, Room 6867 Coordinator, USDA, Six Rivers National Washington, DC 20250–3225 comments and objections are made Forest, 1330 Bayshore Way, Eureka, CA (202) 720–1400 available to the Forest Service at a time 95501. Phone: (707) 441–3549. E-mail: when it can meaningfully consider them Alabama [email protected]. and respond to them in the final USDA Rural Development State Office environmental impact statement. SUPPLEMENTARY INFORMATION: The Sterling Center, Suite 601 To assist the Forest Service in committee will hear revised public 4121 Carmichael Road identifying and considering issues and proposals and new proposals from the Montgomery, AL 36106–3683 concerns on the proposed action, Six Rivers National Forest. The meeting (334) 279–3400 comments on the draft environmental is open to the public. Public input Alaska impact statement should be as specific opportunity will be provided and USDA Rural Development State Office as possible. It is also helpful if individuals will have the opportunity to 800 West Evergreen, Suite 201 comments refer to specific pages or address the committee at that time. Palmer, AK 99645–6539

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(907) 761–7705 Kansas New Jersey Arizona USDA Rural Development State Office USDA Rural Development State Office Suite 100 Tarnsfield Plaza, Suite 22 USDA Rural Development State Office 1303 SW First American Place 790 Woodlane Road 3003 North Central Avenue, Suite 900 Topeka, KS 66604 Mt. Holly, NJ 08060 Phoenix, AZ 85012–2906 (785) 271–2700 (609) 265–3600 (602) 280–8700 Kentucky New Mexico Arkansas USDA Rural Development State Office USDA Rural Development State Office USDA Rural Development State Office 771 Corporate Drive, Suite 200 6200 Jefferson Street, NE. 700 West Capitol Avenue, Room 3416 Lexington, KY 40503 Room 255 Little Rock, AR 72201–3225 (859) 224–7300 Albuquerque, NM 87109 (501) 301–3200 (505) 761–4950 California Louisiana New York USDA Rural Development State Office USDA Rural Development State Office 430 G Street, Agency 4169 3727 Government Street USDA Rural Development State Office Davis, CA 95616–4169 Alexandria, LA 71302 The Galleries of Syracuse 441 South Salina (530) 792–5800 (318) 473–7921 Street, Suite 357 Syracuse, NY 13202–2541 Colorado Maine (315) 477–6400 USDA Rural Development State Office USDA Rural Development State Office North Carolina 655 Parfet Street, Room E–100 P. O. Box 405 Lakewood, CO 80215 967 Illinois Avenue, Suite 4 USDA Rural Development State Office (720) 544–2903 Bangor, ME 04402–0405 4405 Bland Road, Suite 260 (207) 990–9106 Raleigh, NC 27609 Delaware-Maryland (919) 873–2000 Massachusetts/Rhode Island/Connecticut USDA Rural Development State Office North Dakota P.O. Box 400 USDA Rural Development State Office 4607 South DuPont Highway 451 West Street, Suite 2 USDA Rural Development State Office Camden, DE 19934–9998 Amherst, MA 01002–2999 P. O. Box 1737 (302) 697–4300 (413) 253–4300 Federal Building, Room 208 220 East Rosser Avenue Florida/Virgin Islands Michigan Bismarck, ND 58502–1737 USDA Rural Development State Office USDA Rural Development State Office (701) 530–2037 3001 Coolidge Road, Suite 200 P.O. Box 147010 Ohio 4440 NW. 25th Place East Lansing, MI 48823 Gainesville, FL 32606 (517) 324–5100 USDA Rural Development State Office (352) 338–3402 Federal Building, Room 507 Minnesota 200 North High Street Georgia USDA Rural Development State Office Columbus, OH 43215–2418 USDA Rural Development State Office 410 AgriBank Building 375 Jackson Street (614) 255–2500 St. Paul, MN 55101–1853 Stephens Federal Building Oklahoma 355 E. Hancock Avenue (651) 602–7800 USDA Rural Development State Office Athens, GA 30601–2768 Mississippi (706) 546–2162 SDA, Suite 108 USDA Rural Development State Office Stillwater, OK 74074–2654 Hawaii Federal Building, Suite 831 (405) 742–1000 100 West Capitol Street USDA Rural Development State Office Oregon Federal Building, Room 311 Jackson, MS 39269 154 Waianuenue Avenue (601) 965–4316 USDA Rural Development State Office 101 SW Main Street, Suite 1410 Hilo, HI 96720 Missouri (808) 933–8380 Portland, OR 97204–3222 USDA Rural Development State Office (503) 414–3300 Idaho 601 Business Loop 70 West Pennsylvania USDA Rural Development State Office Parkade Center, Suite 235 9173 West Barnes Dr., Suite A1 Columbia, MO 65203 USDA Rural Development State Office Boise, ID 83709 (573) 876–0976 One Credit Union Place, Suite 330 (208) 378–5600 Harrisburg, PA 17110–2996 Montana (717) 237–2299 Illinois USDA Rural Development State Office Puerto Rico USDA Rural Development State Office P. O. Box 771 2118 West Park Court, Suite A 900 Technology Blvd., Unit 1, Suite B USDA Rural Development State Office Champaign, IL 61821 Bozeman, MT 59715 654 Munoz Rivera Avenue (217) 403–6202 (406) 585–2580 IBM Plaza, Suite 601 Hato Rey, Puerto Rico 00918–6106 Indiana Nebraska (787) 766–5095 USDA Rural Development State Office USDA Rural Development State Office 5975 Lakeside Boulevard Federal Building, Room 152 South Carolina Indianapolis, IN 46278 100 Centennial Mall North USDA Rural Development State Office (317) 290–3100 Lincoln, NE 68508 Strom Thurmond Federal Building 1835 (402) 437–5551 Assembly Street, Room 1007 Iowa Columbia, SC 29201 USDA Rural Development State Office Nevada (803) 765–5163 Federal Building, Room 873 USDA Rural Development State Office 210 Walnut Street 1390 South Curry Street South Dakota Des Moines, IA 50309–2196 Carson City, NV 89703–9910 USDA Rural Development State Office (515) 284–4663 (775) 887–1222 Federal Building, Room 210

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200 4th Street, SW. conditions of rural areas. Assistance applicant making a request to a Rural Huron, SD 57350 provided to rural areas under this Development State Office listed in this (605) 352–1100 program may include on-site technical notice. All projects to receive technical Tennessee assistance to local and regional assistance through these passenger USDA Rural Development State Office governments, public transit agencies, transportation grant funds are to be 3322 West End Avenue, Suite 300 and related nonprofit and for-profit identified when the preapplications are Nashville, TN 37203–1084 organizations in rural areas; the submitted to the Rural Development (615) 783–1300 development of training materials; and State Office. Multiple project Texas the provision of necessary training preapplications must identify each assistance to local officials and agencies individual project, indicate the amount USDA Rural Development State Office in rural areas. of funding requested for each individual Federal Building, Suite 102 Awards under the RBEG passenger 101 South Main Street project, and address the criteria as Temple, TX 76501 transportation program are made on a stated above for each individual project. (254) 742–9700 competitive basis using specific For multiple-project preapplications, selection criteria contained in 7 CFR the average of the individual project Utah part 1942, subpart G, and in accordance scores will be the score for that USDA Rural Development State Office with section 310B(c)(2) of the CONACT. preapplication. Wallace F. Bennett Federal Building 125 That subpart also contains the South State Street, Room 4311 All eligible preapplications, along information required to be in the with tentative scoring sheets and the P. O. Box 11350 preapplication package. For the Salt Lake City, UT 84147–0350 Rural Development State Director’s (801) 524–4321 $248,375 grant, at least 75 percent of the recommendation, will be referred to the benefits of the project must be received Vermont/New Hampshire National Office no later than June 13, by members of Federally Recognized 2003, for final scoring and selection for USDA Rural Development State Office Tribes. The project that scores the award. City Center, 3rd Floor greatest number of points based on the 89 Main Street selection criteria and Administrator’s The National Office will score Montpelier, VT 05602 points will be selected for each grant. preapplications based on the grant (802) 828–6010 Preapplications will be tentatively selection criteria and weights contained Virginia scored by the State Offices and in 7 CFR part 1942, subpart G and will submitted to the National Office for select a grantee subject to the grantee’s USDA Rural Development State Office satisfactory submission of a formal Culpeper Building, Suite 238 review, final scoring, and selection. 1606 Santa Rosa Road To be considered ‘‘national’’, a application and related materials in the Richmond, VA 23229–5014 qualified organization is required to manner and time frame established by (804) 287–1550 provide evidence that it operates in RBS in accordance with 7 CFR part 1942, subpart G. It is anticipated that Washington multi-State areas. There is not a requirement to use the grant funds in a the grantees will be selected by July 31, USDA Rural Development State Office multi-State area. Under this notice, 2003. All applicants will be notified by 1835 Black Lake Boulevard, SW. RBS of the Agency’s decision on the Suite B grants will be made to qualified, private, Olympia, WA 98512–5715 non-profit organizations for the awards. (360) 704–7740 provision of technical assistance and Dated: April 3, 2003. training to rural communities for the West Virginia John Rosso, purpose of improving passenger Administrator, Rural Business-Cooperative USDA Rural Development State Office transportation services or facilities. Federal Building Service. 75 High Street, Room 320 Public bodies are not eligible for [FR Doc. 03–8818 Filed 4–9–03; 8:45 am] Morgantown, WV 26505–7500 passenger transportation RBEG grants. BILLING CODE 3410–XY–P (304) 284–4860 The information collection requirements contained within this Wisconsin Notice have received approval by the DEPARTMENT OF AGRICULTURE USDA Rural Development State Office Office of Management and Budget 4949 Kirschling Court (OMB) under OMB Control Number Rural Business-Cooperative Service Stevens Point, WI 54481 0570–0022 (7 CFR part 1942, subpart G). (715) 345–7610 Inviting Applications for Rural Fiscal Year 2003 Preapplications Wyoming Business Opportunity Grants Submission USDA Rural Development State Office AGENCY: Rural Business-Cooperative Federal Building, Room 1005 Each preapplication received in a 100 East B Street Rural Development State Office will be Service, USDA. P. O. Box 820 reviewed to determine if this ACTION: Notice. Casper, WY 82602 preapplication is consistent with the (307) 261–6300 eligible purposes contained in section SUMMARY: The Rural Business- SUPPLEMENTARY INFORMATION: The 310B(c)(2) of the CONACT. Each Cooperative Service (RBS), an Agency passenger transportation portion of the selection priority criterion outlined in 7 within the Rural Development mission RBEG program is authorized by section CFR part 1942, subpart G, section area, announces the availability of 310B(c)(2) of the Consolidated Farm and 1942.305(b)(3), must be addressed in the grants of up to $50,000 per application Rural Development Act (CONACT) (7 preapplication. Failure to address any of from the Rural Business Opportunity U.S.C. 1932(c)(2)). The RBEG program is the criteria will result in a zero-point Grant (RBOG) Program for fiscal year administered on behalf of RBS at the score for that criterion and impact the (FY) 2003, to be competitively awarded. State level by the Rural Development overall evaluation of the preapplication. For multi-State projects, grant funds of State Offices. The primary objective of Copies of 7 CFR part 1942, subpart G, up to $150,000 will be available on a the program is to improve the economic will be provided to any interested competitive basis.

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DATES: The deadline for the receipt of 4440 NW. 25th Place East Lansing, MI 48823 applications in the Rural Development Gainesville, FL 32606 (517) 324–5100 (352) 338–3402 State Office is June 2, 2003. Any Minnesota applications received at a Rural Georgia USDA Rural Development State Office Development State Office after that date USDA Rural Development State Office 410 AgriBank Building 375 Jackson Street would not be considered for FY 2003 Stephens Federal Building St. Paul, MN 55101–1853 funding. 355 E. Hancock Avenue (651) 602–7800 Athens, GA 30601–2768 ADDRESSES: For further information, (706) 546–2162 Mississippi entities wishing to apply for assistance USDA Rural Development State Office Hawaii should contact a Rural Development Federal Building, Suite 831 State Office to receive further USDA Rural Development State Office 100 West Capitol Street information and copies of the Federal Building, Room 311 Jackson, MS 39269 application package. Potential 154 Waianuenue Avenue (601) 965–4316 applicants located in the District of Hilo, HI 96720 (808) 933–8380 Missouri Columbia must send their applications to the National Office at: Idaho USDA Rural Development State Office 601 Business Loop 70 West USDA Rural Development State Office Parkade Center, Suite 235 District of Columbia 9173 West Barnes Dr., Suite A1 Columbia, MO 65203 Rural Business-Cooperative Service, USDA Boise, ID 83709 (573) 876–0976 Specialty Lenders Division (208) 378–5600 Montana 1400 Independence Avenue, SW., Illinois Room 6867, STOP 3225 USDA Rural Development State Office Washington, DC 20250–3225 USDA Rural Development State Office P. O. Box 771 (202) 720–1400 2118 West Park Court, Suite A 900 Technology Blvd., Unit 1, Suite B Champaign, IL 61821 A list of Rural Development State Offices Bozeman, MT 59715 (217) 403–6202 follows: (406) 585–2580 Indiana Alabama Nebraska USDA Rural Development State Office USDA Rural Development State Office USDA Rural Development State Office 5975 Lakeside Boulevard Federal Building, Room 152 Sterling Center, Suite 601 Indianapolis, IN 46278 100 Centennial Mall North 4121 Carmichael Road (317) 290–3100 Montgomery, AL 36106–3683 Lincoln, NE 68508 (334) 279–3400 Iowa (402) 437–5551 Alaska USDA Rural Development State Office Nevada Federal Building, Room 873 USDA Rural Development State Office USDA Rural Development State Office 210 Walnut Street 1390 South Curry Street 800 West Evergreen, Suite 201 Des Moines, IA 50309–2196 Carson City, NV 89703–9910 Palmer, AK 99645–6539 (515) 284–4663 (907) 761–7705 (775) 887–1222 Kansas Arizona New Jersey USDA Rural Development State Office USDA Rural Development State Office Suite 100 USDA Rural Development State Office 3003 North Central Avenue, Suite 900 1303 SW First American Place Tarnsfield Plaza, Suite 22 Phoenix, AZ 85012–2906 Topeka, KS 66604 790 Woodlane Road (602) 280–8700 (785) 271–2700 Mt. Holly, NJ 08060 (609) 265–3600 Arkansas Kentucky New Mexico USDA Rural Development State Office USDA Rural Development State Office 700 West Capitol Avenue, Room 3416 771 Corporate Drive, Suite 200 USDA Rural Development State Office Little Rock, AR 72201–3225 Lexington, KY 40503 6200 Jefferson Street, NE. (501) 301–3200 (859) 224–7300 Room 255 Albuquerque, NM 87109 California Louisiana (505) 761–4950 USDA Rural Development State Office USDA Rural Development State Office New York 430 G Street, Agency 4169 3727 Government Street Davis, CA 95616–4169 Alexandria, LA 71302 USDA Rural Development State Office (530) 792–5800 (318) 473–7921 The Galleries of Syracuse 441 South Salina Street, Suite 357 Colorado Maine Syracuse, NY 13202–2541 USDA Rural Development State Office USDA Rural Development State Office (315) 477–6400 655 Parfet Street, Room E–100 P. O. Box 405 North Carolina Lakewood, CO 80215 967 Illinois Avenue, Suite 4 (720) 544–2903 Bangor, ME 04402–0405 USDA Rural Development State Office (207) 990–9106 4405 Bland Road, Suite 260 Delaware-Maryland Raleigh, NC 27609 USDA Rural Development State Office Massachusetts/Rhode Island/Connecticut (919) 873–2000 P. O. Box 400 USDA Rural Development State Office North Dakota 4607 South DuPont Highway 451 West Street, Suite 2 Camden, DE 19934–9998 Amherst, MA 01002–2999 USDA Rural Development State Office (302) 697–4300 (413) 253–4300 P. O. Box 1737 Federal Building, Room 208 Florida/Virgin Islands Michigan 220 East Rosser Avenue USDA Rural Development State Office USDA Rural Development State Office Bismarck, ND 58502–1737 P. O. Box 147010 3001 Coolidge Road, Suite 200 (701) 530–2037

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Ohio 1606 Santa Rosa Road additional discretionary points based on USDA Rural Development State Office Richmond, VA 23229–5014 geographic distribution of funds, special Federal Building, Room 507 (804) 287–1550 importance for implementation of a 200 North High Street Washington strategic plan in partnership with other Columbus, OH 43215–2418 USDA Rural Development State Office organizations, or extraordinary potential (614) 255–2500 1835 Black Lake Boulevard, SW. for success due to superior project plans Oklahoma Suite B or qualifications of the grantee. To USDA Rural Development State Office Olympia, WA 98512–5715 ensure the equitable distribution of 100 USDA, Suite 108 (360) 704–7740 funds, three projects from each State Stillwater, OK 74074–2654 West Virginia that score the greatest number of points (405) 742–1000 USDA Rural Development State Office based on the selection criteria and Oregon Federal Building discretionary points will be considered 75 High Street, Room 320 for funding. Applications will be USDA Rural Development State Office Morgantown, WV 26505–7500 101 SW Main Street, Suite 1410 tentatively scored by the State Offices (304) 284–4860 Portland, OR 97204–3222 and submitted to the National Office for (503) 414–3300 Wisconsin final review and selection. The National Office will review the Pennsylvania USDA Rural Development State Office 4949 Kirschling Court scores based on the grant selection USDA Rural Development State Office Stevens Point, WI 54481 criteria and weights contained in 7 CFR One Credit Union Place, Suite 330 (715) 345–7610 part 4284, subpart G. All applicants will Harrisburg, PA 17110–2996 (717) 237–2299 Wyoming be notified by RBS of the Agency’s decision on the awards. Puerto Rico USDA Rural Development State Office In accordance with the Paperwork Federal Building, Room 1005 USDA Rural Development State Office 100 East B Street Reduction Act of 1995, the information 654 Munoz Rivera Avenue P.O. Box 820 collection requirement contained in to IBM Plaza, Suite 601 Casper, WY 82602 this Notice are approved by the Office Hato Rey, Puerto Rico 00918–6106 (307) 261–6300 of Management and Budget (MB) under (787) 766–5095 OMB Control Number 0570–0024. SUPPLEMENTARY INFORMATON: The RBOG South Carolina program is authorized under section 306 Dated: April 4, 2003. USDA Rural Development State Office of the Consolidated Farm and Rural John Rosso, Strom Thurmond Federal Building Development Act (CONACT) (7 U.S.C. Acting Administrator, Rural Business- 1835 Assembly Street, Room 1007 Cooperative Service. Columbia, SC 29201 1926(a)(11)). The Rural Development (803) 765–5163 State Offices administer the RBOG [FR Doc. 03–8817 Filed 4–9–03; 8:45 am] program on behalf of RBS at the State BILLING CODE 3410–XY–P South Dakota level. The primary objective of the USDA Rural Development State Office program is to improve the economic Federal Building, Room 210 conditions of rural areas. Assistance 200 4th Street, SW. CHEMICAL SAFETY AND HAZARD provided to rural areas under this INVESTIGATION BOARD Huron, SD 57350 program may include technical (605) 352–1100 assistance for business development and Sunshine Act Meeting Tennessee economic development planning. A USDA Rural Development State Office total of $993,500 of non-earmarked In connection with its investigation 3322 West End Avenue, Suite 300 funds is available for the RBOG program into the cause of chlorine gas release Nashville, TN 37203–1084 for FY 2003. To ensure that a broad from a rail tank car unloading operation (615) 783–1300 range of communities have the at DPC Enterprises, near Festus, Texas opportunity to benefit from the available Missouri on April 14, 2002, the United funds, no grant will exceed $50,000, States Chemical Safety and Hazard USDA Rural Development State Office Investigation Board announces that it Federal Building, Suite 102 unless it is a multi-State project where 101 South Main Street funds may not exceed $150,000. will convene a Public Meeting Temple, TX 76501 Pursuant to the Consolidated beginning at 9 a.m. local time on May (254) 742–9700 Appropriations Resolution Act for FY 1, 2003, at the Holiday Inn Express, 2003 (Pub. L. 108–7), a total of 1200 Gannon Drive, Festus, MO 63028. Utah $1,987,000 has been earmarked for On the morning of August 14, 2002, USDA Rural Development State Office Native Americans and Empowerment 48,000 pounds of chlorine—a toxic Wallace F. Bennett Federal Building Zones, Enterprise Communities, and gas—was released from a rail tank car 125 South State Street, Room 4311 Rural Economic Area Partnerships. unloading operation at DPC Enterprises, P.O. Box 11350 Salt Lake City, UT 84147–0350 There is no project dollar amount near Festus, Missouri. The facility (801) 524–4321 limitation on applications for earmarked repackages bulk dry liquid chlorine into funds. Awards are made on a one-ton containers and 150-pound Vermont/New Hampshire competitive basis using specific cylinders for commercial, industrial, USDA Rural Development State Office selection criteria contained in 7 CFR and municipal use in the St. Louis City Center, 3rd Floor part 4284, subpart G. 7 CFR part 4284, metropolitan area. Key issues involved 89 Main Street subpart G, also contains the information in the investigation concern mechanical Montpelier, VT 05602 required to be in the application integrity, emergency management, and (802) 828–6010 package. The State Director may assign chlorine transfer hose supply. Virginia up to 15 discretionary points to an At the meeting CSB staff will present USDA Rural Development State Office application, and the Agency to the Board the results of their Culpeper Building, Suite 238 Administrator may assign up to 20 investigation into this incident,

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including an analysis of the incident COMMISSION ON CIVIL RIGHTS convened at 1 p.m. and adjourned at 4 together with a discussion of the key p.m. on Friday, April 11, 2003, at the findings, root and contributing causes, Agenda and Notice of Public Meeting Ala Moana Hotel, 410 Atkinson Drive, and draft recommendations. of the Delaware Advisory Committee Honolulu, Hawaii 96814, has been canceled. Recommendations are issued by a Notice is hereby given, pursuant to The original notice for the meeting vote of the Board and address an the provisions of the rules and was announced in the Federal Register regulations of the U.S. Commission on identified safety deficiency uncovered on February 11, 2003, FR Doc. 03–3409, Civil Rights, that a conference call of the during the investigation, and specify vol. 68, page 6876. how to correct the situation. Safety Delaware Advisory Committee to the Persons desiring additional recommendations are the primary tool Commission will convene at 1 p.m. and information should contact Phillip used by the Board to motivate adjourn at 5 p.m. on Wednesday, April Montez, Director of the Western implementation of safety improvements 10, 2003. The purpose of the conference Regional Office, 213–894–3437 (TDD and prevent future incidents. The CSB call is to Develop strategy for update 213–894–3435). and new edition of the Committee’s uses its unique independent accident Dated in Washington, DC, April 4, 2003. investigation perspective to identify published report entitled Delaware Ivy L. Davis, trends or issues that might otherwise be Citizens Guide to Civil Rights and Supporting Services, and continues Chief, Regional Programs Coordination Unit. overlooked. CSB recommendations may planning for a new project proposal be directed to corporations, trade [FR Doc. 03–8758 Filed 4–9–03; 8:45 am] based on the Committee’s project associations, government entities, safety BILLING CODE 6335–01–P concept for a series of forums. organizations, labor unions and others. This conference call is available to the After the staff presentation, the Board public through the following call-in DEPARTMENT OF COMMERCE will allow a time for public comment. number: 1–800–497–7709, contact Following the conclusion of the public name: Ed Darden. Any interested [I.D. 030703B] member of the public may call this comment period, the Board will Submission for OMB Review; number and listen to the meeting. consider whether to vote to approve the Comment Request final report and recommendations. Callers can expect to incur charges for When a report and its recommendations calls not initiated using the supplied ACTION: The Department of Commerce are approved, this will begin CSB’s call-in number or over wireless lines has submitted to the Office of process for disseminating the findings and the Commission will not refund any Management and Budget (OMB) for and recommendations of the report not incurred charges. Callers will incur no clearance the following proposal for only to the recipients of charge for calls using the call-in number collection of information under the recommendations but also to other over land-line connections. Persons provisions of the Paperwork Reduction public and industry sectors. The CSB with hearing impairments may also Act (44 U.S.C. Chapter 35). follow the proceedings by first calling believes that this process will ultimately the Federal Relay Service at 1–800–977– lead to the adoption of SUPPLEMENTARY INFORMATION: Agency: 8339 and providing the Service with the National Oceanic and Atmospheric recommendations and the growing body conference call number and contact of safety knowledge in the industry, Administration. name. Title: Large Pelagic Fishing Survey. which, in turn, should save future lives To ensure that the Commission Form Number(s): None. and property. secures an appropriate number of lines OMB Approval Number: 0648–0380. All staff presentations are preliminary for the public, persons are asked to Type of Request: Regular submission. and are intended solely to allow the register by contacting Ed Darden of the Burden Hours: 5,218. Board to consider in a public forum the Eastern Regional Office, 202–376–7533 Number of Respondents: 22,500. issues and factors involved in this case. (TDD 202–376–8116), by 4 p.m. on Average Hours Per Response: 2 No factual analyses, conclusions or Tuesday, April 9, 2003. minutes for a pre-screen phone contact; findings should be considered final. The meeting will be conducted 8 minutes per telephone survey Only after the Board has considered the pursuant to the provisions of the rules response; 5 minutes per dockside staff presentation and approved the staff and regulations of the Commission. interview response; 1.5 minutes per interviewer evaluation response; 3 report will there be an approved final Dated in Washington, DC, March 19, 2003. minutes per socio-economic response; record of this incident. Ivy L. Davis, 15 minutes per charter clientele The meeting will be open to the Chief, Regional Programs Coordination Unit. response; 1 minute per biological public. Please notify CSB if a translator [FR Doc. 03–8757 Filed 4–9–03; 8:45 am] sampling response; 8 minutes per or interpreter is needed, at least 5 BILLING CODE 6335–01–P headboat survey response; and 6 business days prior to the public minutes for a North Carolina Winter meeting. For more information, please Bluefin Tuna Dockside Survey. COMMISSION ON CIVIL RIGHTS contact the Chemical Safety and Hazard Needs and Uses: The Large Pelagic Investigation Board at (202)–261–7600, Notice of Cancellation of Public Fishing Survey consists of dockside and or visit our Web site at: http:// Meeting of the Hawaii Advisory telephone surveys of recreational www.csb.gov. Committee anglers for large pelagic fish (tunas, sharks, and billfish) in the Atlantic Christopher W. Warner, Notice is hereby given, pursuant to Ocean. The survey provides NMFS with General Counsel. the provisions of the rules and information to monitor catch of bluefin [FR Doc. 03–8918 Filed 4–8–03; 11:31 am] regulations of the U.S. Commission on tuna and marlin. Catch monitoring in BILLING CODE 6350–01–P Civil Rights, that a meeting of the these fisheries and collection of catch Hawaii Advisory Committee to the and effort statistics for all pelagic fish is Commission which was to have required under the Atlantic Tunas

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Convention Act and the Magnuson- Statutory Time Limits DEPARTMENT OF COMMERCE Stevens Fishery Conservation and Management Act. The information Section 751(a)(3)(A) of the Tariff Act National Oceanic and Atmospheric collected is essential for the U.S. to meet of 1930, as amended (the Act), requires Administration its reporting obligations to the the Department to make a preliminary International Commission for the determination within 245 days after the Availability of Seats for the Olympic Conservation of Atlantic Tuna. last day of the anniversary month of an Coast National Marine Sanctuary Affected Public: Individuals or order/finding for which a review is Advisory Council households, business or other for-profit requested and a final determination AGENCY: National Marine Sanctuary organizations. within 120 days after the date on which Program (NMSP), National Ocean Frequency: On occasion, weekly, the preliminary determination is Service (NOS), National Oceanic and annually. published. However, if it is not Atmospheric Administration, Respondent’s Obligation: Mandatory. practicable to complete the review Department of Commerce (DOC). OMB Desk Officer: David Rostker, within the time period, section ACTION: Notice and request for (202) 395–3897. 751(a)(3)(A) of the Act allows the applications. Copies of the above information Department to extend these deadlines to SUMMARY: collection proposal can be obtained by a maximum of 365 days and 180 days, The Olympic Coast National Marine Sanctuary (OCNMS or calling or writing Diana Hynek, respectively. Departmental Paperwork Clearance Sanctuary) is seeking applicants for the Officer, (202) 482–0266, Department of Background following vacant seats on its Sanctuary Commerce, Room 6625, 14th and Advisory Council (Council): alternates Constitution Avenue, NW, Washington, On September 20, 2002, the for the Tourism/Chamber of Commerce/ DC 20230 (or via the Internet at Department published a notice of Recreation seat and the Marine [email protected]). initiation of administrative review of the Business/Ports/Industry seat. Written comments and countervailing duty order on stainless Applicants are chosen based upon their recommendations for the proposed steel sheet and strip from the Republic particular expertise and experience in information collection should be sent of Korea, covering the period January 1, relation to the seat for which they are within 30 days of publication of this 2001, through December 31, 2001 (see applying; community and professional notice to David Rostker, OMB Desk 67 FR 60210). The preliminary results affiliations; philosophy regarding the Officer, Room 10202, New Executive are currently due no later than May 5, conservation and management of marine Office Building, Washington, DC 20503. 2003. resources; and possibly the length of residence in the area affected by the Dated: April 3, 2003. Extension of Preliminary Results of Sanctuary. Applicants who are chosen Gwellnar Banks, Review as members should expect to serve Management Analyst, Office of the Chief three-year terms, pursuant to the In this administrative review, we are Information Officer. Council’s Charter. Applicants for the [FR Doc. 03–8820 Filed 4–9–03; 8:45 am] analyzing whether one of the programs alternates’ positions will serve terms BILLING CODE 3510–22–S we found countervailable in the original that expire at the end of the current investigation has ended. The members’ terms. termination of this program involves the DATES: Applications are due by April DEPARTMENT OF COMMERCE change of ownership of one of the 30, 2003. respondent companies. In addition, International Trade Administration ADDRESSES: Application kits may be several new programs are being obtained from Andrew Palmer, OCNMS, examined in this review. As a result of [C–580–835] 115 East Railroad Ave., Suite 301, Port these issues, additional information, Angeles, WA 98362. Completed and possible verification of this Stainless Steel Sheet and Strip in Coils applications should be sent to the same information, is required. Due to these From the Republic of Korea: Extension address. of Preliminary Results of considerations, we determine that it is FOR FURTHER INFORMATION CONTACT: Countervailing Duty Administrative not practicable to complete the Andrew Palmer at (360) 457–6622 x15 Review preliminary results of this review within or [email protected]. the original time limit. Therefore, the SUPPLEMENTARY INFORMATION: The AGENCY: Import Administration, Department is extending the time limits Sanctuary Advisory Council provides International Trade Administration, for completion of the preliminary NOAA with advice on the management Department of Commerce. results until no later than September 2, of the Sanctuary. Members provide ACTION: Notice of extension of time limit 2003. advice to the Olympic Coast Sanctuary for preliminary results of Countervailing This extension is in accordance with Superintendent on Sanctuary issues. Duty Administrative Review. section 751(a)(3)(A) of the Act. The Council, through its members, also serves as a liaison to the community EFFECTIVE DATE: April 10, 2003. Dated: March 27, 2003. regarding Sanctuary issues and acts as a FOR FURTHER INFORMATION CONTACT: Holly A. Kuga, conduit, relaying the community’s Carrie Farley or Darla Brown, Office of Acting Deputy Assistant Secretary for Import interests, concerns, and management AD/CVD Enforcement VI, Import Administration. needs to the Sanctuary. Administration, International Trade [FR Doc. 03–8839 Filed 4–9–03; 8:45 am] The Sanctuary Advisory Council Administration, U.S. Department of BILLING CODE 3510–DS–P members represent public interest Commerce, 14th Street and Constitution groups, local industry, commercial and Ave, NW., Washington, DC 20230; recreational user groups, academia, telephone: 202–482–0395 or 202–482– conservation groups, government 2849, respectively. agencies, and the general public.

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Authority: 16 U.S.C. Section 1431 et seq. - Cumulative impacts (Sect. 4.6) SUMMARY: The Pacific Fishery (Federal Domestic Assistance Catalog Management Council’s (Council) Highly 7. Affected Environment (Sect. 3) Number 11.429 Marine Sanctuary Program). Migratory Species Plan Development Dated: March 27, 2003. - Previously discussed - additional Team (HMSPDT), Highly Migratory comments? Jamison S. Hawkins, Species Advisory Subpanel, and Highly Migratory Species Subcommittee of the Acting Assistant Administrator for Ocean 8. Other Services and Coastal Zone Management. Science and Statistical Committee will The HAP/SSC will convene on hold a joint work session, which is open [FR Doc. 03–8799 Filed 4–9–03; 8:45 am] Thursday, April 24, 2003, from 10 a.m. to the public. BILLING CODE 3510–08–M until 5 p.m., and will continue on DATES: The work session will be Friday, April 25, 2003, from 9 a.m. to 4 Tuesday, April 29, 2003 from 9 a.m. p.m. DEPARTMENT OF COMMERCE until 4 p.m.; and Wednesday, April 30, The meetings are open to the public, 2003 from 9 a.m. until business for the National Oceanic and Atmospheric and will be conducted in English. day is completed. Fishers and other interested persons are Administration ADDRESSES: The work session will be invited to attend and participate with held at the Hubbs-Sea World Research [I.D. 040703F] oral or written statements regarding Institute, 2595 Ingraham Street, San agenda issues. Diego, CA 92109; telephone: (619) 226– Caribbean Fishery Management Although nonemergency issues not Council; Public Meetings 3870. contained in this agenda may come Council address: Pacific Fishery AGENCY: National Marine Fisheries before the Committees for discussion, Management Council, 7700 NE Service (NMFS), National Oceanic and those issues may not be the subject of Ambassador Place, Suite 200, Portland, Atmospheric Administration (NOAA), formal Committee action during these OR 97220–1384. meetings. Committee action will be Commerce. FOR FURTHER INFORMATION CONTACT: Mr. restricted to those issues specifically ACTION: Notice of public meetings. Dan Waldeck, Pacific Fishery listed in this notice, and any issues Management Council; telephone: (503) SUMMARY: arising after publication of this notice The Caribbean Fishery 820–2280. Management Council’s (CFMC) Habitat that require emergency action under SUPPLEMENTARY INFORMATION: Advisory Panel (HAP), and the section 305(c) of the Magnuson-Stevens At this Scientific and Statistical Committee Fishery Conservation and Management joint meeting, NMFS analysts will (SSC) will hold a meeting. Act, provided the public has been present information on potential impacts on sea turtles from high seas DATES: The HAP/SSC meeting will be notified of the Panel’s intent to take ° final action to address the emergency. longline fishing east of 150 W held on April 24–25, 2003. longitude. Recent information from ADDRESSES: The meeting will be held at Special Accommodations longline fishing operations east of 150° the Best Western Pierre Hotel, 105 De These meetings are physically W longitude has been reviewed by Diego Avenue, San Juan, Puerto Rico. accessible to people with disabilities. NMFS. Based on their initial review, FOR FURTHER INFORMATION CONTACT: For more information or request for sign NMFS is concerned that longline vessels Caribbean Fishery Management Council, language interpretation and/other targeting swordfish could have 268 Munoz Rivera Avenue, Suite 1108, auxiliary aids, please contact Mr. interactions with sea turtles at rates San Juan, Puerto Rico 00918–1920, Miguel A. Rolon, Executive Director, similar to rates in waters west of 150° telephone: 787–766–5926. Caribbean Fishery Management Council, W longitude. These latter rates were the SUPPLEMENTARY INFORMATION: The HAP, 268 Munoz Rivera Avenue, Suite 1108, basis for total turtle take and mortality and the SSC will meet to discuss the San Juan, Puerto Rico, 00918–1920, estimates that resulted in a jeopardy items contained in the following agenda telephone 787–766–5926, at least 5 days determination and the prohibition of on the Draft Essential Fish Habitat/ prior to the meeting date. swordfish targeting by Hawaii-based Environmental Impact Statement for the longline vessels. A similar conclusion Dated: April 7, 2003. CFMC: for West Coast-based fishing under the Theophilus R. Brainerd, FMP could result in partial disapproval 1. Review Methodology (Sect. 2.1) Acting Director, Office of Sustainable of the fishery management plan (FMP). 2. Review revised Human Environment Fisheries, National Marine Fisheries Service. Therefore, in March 2003, NMFS (Sect. 3.3) [FR Doc. 03–8823 Filed 4–9–03; 8:45 am] requested and the Council agreed to BILLING CODE 3510–22–S 3. Fishing impact alternatives delay submission of the HMS FMP to provide time for NMFS to complete -Review list of alternatives (Sect. 2.5) scientific review of the new data and -Discuss rationale (Sect. 2.5) DEPARTMENT OF COMMERCE present the results to the Council HMS - Discuss consequences (Sect. 4.5) National Oceanic and Atmospheric advisory committees. At the June 2003 4. HAPC alternatives Administration Council meeting, the Council will review the new information and, based - Review list of alternatives (Sect. 2.4) [I.D. 040303B] - Discuss rationale (Sect. 2.4) on the advice of its advisors and the - Discuss consequences (Sect. 4.4) public, could act to modify a motion Pacific Fishery Management Council; previously adopted. That is, at the June 5. EFH alternatives Public Meeting 2003 Council meeting, the Council - Review list of alternatives (Sect. 2.3) AGENCY: National Marine Fisheries could modify the preferred alternative - Discuss rationale (Sect. 2.3) Service (NMFS), National Oceanic and for pelagic longline fisheries outside of - Discuss consequences (Sect. 4.3) Atmospheric Administration (NOAA), the U.S. Exclusive Economic Zone. Commerce. Although nonemergency issues not 6. Consequences section (Sect. 4) contained in the meeting agenda may be ACTION: Notice of public meeting. - Missing information (Sect. 4.1) discussed, those issues may not be the

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subject of formal action during this pursuant to paragraph 4c of Appendix I RETRIEVABILITY: meeting. Action will be restricted to to OMB Circular No. A–130, ‘Federal By Congress member’s or staff those issues specifically listed in this Agency Responsibilities for Maintaining member’s last name and committee document and any issues arising after Records About Individuals,’ dated membership. publication of this document that February 8, 1996 (February 20, 1996, 61 require emergency action under section FR 6427). SAFEGUARDS: 305(c) of the Magnuson-Stevens Fishery Dated: April 2, 2003. Records are maintained in password- Conservation and Management Act, Patricia L. Toppings, provided the public has been notified of protected network accessible only to Alternate OSD Federal Register Liaison authorized personnel. the intent to take final action to address Officer, Department of Defense. the emergency. F090 SAFLL A RETENTION AND DISPOSAL: Special Accommodations Disposition pending. No records will The meeting is physically accessible SYSTEM NAME: Congressional and Key Contacts. be destroyed until the National Archives to people with disabilities. Requests for and Records Administration has sign language interpretation or other SYSTEM LOCATION: approved the retention and disposal of auxiliary aids should be directed to Ms. Office of Legislative Liaison, Office of the records. Carolyn Porter at (503) 820–2280 at least the Secretary of the Air Force, 1160 Air 5 days prior to the meeting date. Force, Pentagon, Washington, DC SYSTEM MANAGER(S) AND ADDRESS: Dated: April 3, 2003. 20330–1160. Chief, Legislative Liaison, Office of Theophilus R. Brainerd, CATEGORIES OF INDIVIDUALS COVERED BY THE the Secretary of the Air Force, 1160 Air Acting Director, Office of Sustainable SYSTEM: Force Pentagon, Washington, DC 20330– Fisheries, National Marine Fisheries Service. Current members of the U.S. Congress 1160. [FR Doc. 03–8824 Filed 4–9–03; 8:45 am] and key Congressional staff members. BILLING CODE 3510–22–S NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: Biographical information on members Individuals seeking to determine DEPARTMENT OF DEFENSE of Congress and key staff members, whether information about themselves mailing addresses, committee is contained in this system of records Department of the Air Force memberships, contact reports, and should address written inquiries to the related information. Chief, Legislative Liaison, Office of the Privacy Act of 1974; System of Secretary of the Air Force, 1160 Air Records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Force Pentagon, Washington, DC 20330– 10 U.S.C. 8013, Secretary of the Air 1160. AGENCY: Department of the Air Force, Force. DoD. RECORD ACCESS PROCEDURES: ACTION: Notice to add a record system. PURPOSE(S): To provide information on members Individuals seeking to access SUMMARY: The Department of the Air of Congress and their staffs before whom information contained in this system of Force proposes to add a system of Air Force representatives may be records should address written inquiries records notice to its inventory of records testifying or for whom escorts may be to the Chief, Legislative Liaison, Office systems subject to the Privacy Act of provided so that more effective of the Secretary of the Air Force, 1160 1974 (5 U.S.C. 552a), as amended. communications can be achieved when Air Force Pentagon, Washington, DC DATES: The actions will be effective on providing Air Force information and 20330–1160. May 12, 2003 unless comments are services to members of Congress and received that would result in a contrary their staffs and to promote the timely CONTESTING RECORD PROCEDURES: determination. delivery of information for Department The Air Force rules for accessing ADDRESSES: Send comments to the Air of Defense related events and materials. records, and for contesting contents and Routine uses of records maintained in Force FOIA/Privacy Manager, AF–CIO/ appealing initial agency determinations the system, including categories of users P, 1155 Air Force Pentagon, are published in Air Force Instruction and the purposes of such uses: In Washington, DC 20330–1155. 37–132; 32 CFR part 806b; or may be addition to those disclosures generally FOR FURTHER INFORMATION CONTACT: Mrs. obtained from the system manager. permitted under 5 U.S.C. 552a(b) of the Anne P. Rollins at (703) 601–4043. Privacy Act, these records or RECORD SOURCE CATEGORIES: SUPPLEMENTARY INFORMATION: The information contained therein may Department of the Air Force’s record specifically be disclosed outside the Congress members and key system notices for records systems DoD as a routine use pursuant to 5 Congressional staff members. Official subject to the Privacy Act of 1974 (5 U.S.C. 552a(b)(3) as follows: public records such as the U.S.C. 552a), as amended, have been The DoD ‘Blanket Routine Uses’ set Congressional Record, Congressional published in the Federal Register and forth at the beginning of the Air Force’s Quarterly Weekly Report, official are available from the address above. compilation of systems of records transcripts of unclassified committee The proposed system report, as notices apply to this system. hearings, and the Congressional Staff required by 5 U.S.C. 522a(r) of the Directory. Privacy Act of 1974, as amended, was POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND submitted on April 1, 2003, to the EXEMPTIONS CLAIMED FOR THE SYSTEM DISPOSING OF RECORDS IN THE SYSTEM: : House Committee on Government Reform, the Senate Committee on STORAGE: None. Governmental Affairs, and the Office of Maintained on computers and [FR Doc. 03–8622 Filed 4–9–03; 8:45 am] Management and Budget (OMB) computer output products. BILLING CODE 5001–08–P

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DEPARTMENT OF DEFENSE Public and private parties and NAGB staff, at 202–357–7500 by organizations are invited to present Tuesday, April 29. Written testimony Department of the Navy written and/or oral testimony. The should be sent by mail, fax or e-mail for forum will be held at the Washington receipt in the Board office by May 1. Meeting of the Board of Visitors of Court Hotel, 525 New Jersey Avenue Written materials received by noon on Marine Corps University NW., Washington, DC from 9 a.m. to 1 April 30 will be duplicated for AGENCY: Department of the Navy, DOD. p.m. distribution at the forum. ACTION: Notice of open meeting. Background Testimony should be sent to: National Assessment Governing Board, 800 North SUMMARY: The Board of Visitors of the The framework, subject to approval by Capitol Street, NW., Suite 825, Marine Corps University (BOV MCU) the Governing Board, presents a plan to Washington, DC 20002, Attn: Lawrence will meet to review, develop and guide the collection and reporting of the Feinberg, FAX: (202) 357–6945, E-mail: provide recommendations on all aspects noncognitive or background information [email protected]. of the academic and administrative needed for the fair and accurate For further information, please policies of the University; examine all presentation of student achievement contact Lawrence Feinberg at (202) 357– aspects of professional military data, as measured in the surveys of the 6942. education operations; and provide such National Assessment of Educational This document is intended to notify oversight and advice as is necessary to Progress (NAEP). the general public of their opportunity The framework will define the facilitate high educational standards to attend. Individuals who will need purpose and scope of NAEP’s non- and cost effective operations. The Board accommodations for a disability in order cognitive questionnaires and describe will be discussing the 2005 to attend the meeting (i.e., interpreting other sources of background data that accreditation process and the quality services, assistive listening devices, NAEP may collect. It will establish enhancement plan, the University’s materials in alternative format) should criteria for reporting background Institutional Research program, the notify Munira Mwalimu at 202–357– question results and also create a system status of Academic Chairs, and Camp 6938 or at [email protected] no for asking various groups of questions to Lejeune’s Education Consortium. All later than April 25, 2003. We will various samples of students at various sessions of the meeting will be open to attempt to meet requests after this date, the public. times. Under Public Law 107–110, the but cannot guarantee availability of the DATES: The meeting will be held on Governing Board has final authority requested accommodation. The meeting Thursday, May 8, 2003, from 8 a.m. to over all cognitive and non-cognitive site is accessible to individuals with 4 p.m. and on Friday, May 9, 2003, from questions on the National Assessment. disabilities. 8 a.m. to 11:30 a.m. The background information is obtained SUPPLEMENTARY INFORMATION: The ADDRESSES: The meeting will be held at from student, teacher, and school National Assessment Governing Board Camp Lejeune’s Paradise Point Officer questionnaires, as well as from school is established under section 412 of the Club, the Division Room, 2615 Seth records and other reliable data sources. National Education Statistics Act of Williams Boulevard, Marine Corps Base The draft framework is available on 1994, as amended. Camp Lejeune, North Carolina 28547– the Web site of the Governing Board at The Board is established to formulate 2539. http://www.nagb.org. Other related policy guidelines for the National FOR FURTHER INFORMATION CONTACT: material on the Governing Board and Assessment of Educational Progress Mary Lanzillotta, Executive Secretary, the National Assessment may be found (NAEP). The Board’s responsibilities Marine Corps University Board of at this Web site and at http:// include selecting subject areas to be Visitors, 2076 South Street, Quantico, www.nces.ed.gov/nationsreportcard. assessed, developing assessment Virginia 22134, telephone number (703) The Board is seeking comment from objectives, developing appropriate 784–4037. teachers, education researchers, state student achievement levels for each and local school administrators, Dated: March 31, 2003. grade and subject tested, developing assessment specialists, parents of R.E. Vincent II, guidelines for reporting and children in elementary and secondary disseminating results, and developing Lieutenant Commander, Judge Advocate schools, and interested members of the standards and procedures for interstate General’s Corps, U.S. Navy, Federal Register public. Members of the NAGB Ad Hoc Liaison Officer. and national comparisons. Committee on NAEP Background [FR Doc. 03–8805 Filed 4–9–03; 8:45 am] Summaries of the forum, which are Questions, chaired by John H. Stevens, informative to the public and consistent BILLING CODE 3810–FF–P will conduct the forum to receive with the policy of section 5 U.S.C. testimony and to ask clarifying 552b(c), will be available to the public questions and respond to presentations. within 14 days of the meeting. Records DEPARTMENT OF EDUCATION Oral presentations should not exceed are kept of all Board proceedings and ten minutes. Testimony will become National Assessment Governing are available for public inspection at the part of the public record. Board; Meeting U.S. Department of Education, National All views will be considered by the Assessment Governing Board, Suite AGENCY: National Assessment Ad Hoc Committee in developing its #825, 800 North Capitol Street, NW., Governing Board; Education. recommendations to the Governing Washington, DC, from 9 a.m. to 5 p.m. ACTION: Notice of public forum. Board and by the full Board when it Eastern Standard Time. takes final action on the Background SUMMARY: The National Assessment Information Framework, which is Dated: April 4, 2003. Governing Board is announcing a public anticipated at its meeting of August 1– Charles Smith, forum on May 1, 2003 to obtain 2, 2003. Executive Director, National Assessment comment on the draft Background To register to present oral testimony Governing Board. Information Framework for the National on May 1, 2003 at the Washington Court [FR Doc. 03–8728 Filed 4–9–03; 8:45 am] Assessment of Educational Progress. Hotel, please call Tessa Regis, of the BILLING CODE 4000–01–M

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DEPARTMENT OF ENERGY interested parties. Comments must be that include long-term, high-risk received by May 19, 2003, to ensure activities that support the development Notice of Intent To Prepare an consideration. Late comments will be of innovative concepts for a wide Environmental Impact Statement for considered to the extent practicable. In variety of coal technologies through the the Gilberton Coal-to-Clean Fuels and addition to receiving comments in proof-of-concept stage. However, the Power Project, Gilberton, PA writing and by telephone (see availability of a technology at the proof- ADDRESSES of-concept stage is not sufficient to AGENCY: Department of Energy. below), DOE will conduct a public scoping meeting in which ensure continued development and ACTION: Notice of intent. agencies, organizations, and the general subsequent commercialization. Before SUMMARY: The U.S. Department of public are invited to present oral any technology can be considered Energy (DOE) announces its intent to comments or suggestions with regard to seriously for commercialization, it must prepare an Environmental Impact the range of actions, alternatives, and be demonstrated. The financial risk Statement (EIS) pursuant to the National impacts to be considered in the EIS. The associated with technology Environmental Policy Act (NEPA), the scoping meeting will be held at D.H.H. demonstration is, in general, too high Council on Environmental Quality Lengel Middle School, 1541 West Laurel for the private sector to assume in the (CEQ) NEPA regulations (40 CFR parts Boulevard, Pottsville, PA, on May 5, absence of strong incentives. The Clean 1500–1508), and the DOE NEPA 2003, beginning at 7 p.m. (see Public Coal Power Initiative (CCPI) was regulations (10 CFR part 1021), to assess Scoping Process). The public is invited established in 2002 as a government/ the potential environmental impacts of to an informal session at this location industry partnership to implement the a proposed project by WMPI PTY, LLC, beginning at 4 p.m. to learn more about President’s National Energy Policy to design, construct, and operate a the proposed action. recommendation to increase investment demonstration plant near Gilberton, Displays and other forms of in clean coal technology. This Schuylkill County, Pennsylvania. The information about the proposed agency recommendation addresses a national proposed Gilberton Coal-to-Clean Fuels action and the demonstration plant will challenge of ensuring the reliability of and Power Project, selected under the be available, and DOE personnel will be electric supply while simultaneously Clean Coal Power Initiative competitive present at the informal session to protecting the environment. The goal of the CCPI program is to solicitation, would produce electricity, discuss the proposed project and the EIS accelerate commercial deployment of clean hydrocarbon liquids, and steam process. advanced coal technologies that provide from coal waste that exists in legacy ADDRESSES: Written comments on the the United States with clean, reliable, piles from old mining practices. The proposed EIS scope and requests to and affordable energy. Through proposed project would be the first participate in the public scoping cooperative agreements established commercial-scale demonstration of coal meeting should be addressed to the pursuant to the CCPI program, DOE NEPA Document Manager for the waste gasification and Fischer-Tropsch would accelerate deployment of Gilberton Coal-to-Clean Fuels and (F–T) synthesis of liquid hydrocarbon innovative technologies to meet near- Power Project: Mr. Lloyd Lorenzi, fuels in the United States. The proposed term energy and environmental goals; to National Energy Technology Laboratory, project would involve construction and reduce technological risk to the business U.S. Department of Energy, P.O. Box operation of a plant to produce about community to an acceptable level; and 10940, Pittsburgh, PA 15236–0940. 5,000 barrels-per-day of ultra-clean to provide private sector incentives Individuals who would like to liquid hydrocarbon fuels and required for continued activity in otherwise participate in the public approximately 41 MW (megawatts) of innovative research and development scoping process should contact Mr. electricity for the local electrical grid. directed at providing solutions to long- Lloyd Lorenzi directly by telephone: The quantity of feed material for the range energy supply problems. plant could be up to approximately 412–386–6159; toll free number: 1–800– 4,700 dry tons-per-day of coal waste 276–9851; fax: 412–386–4604; or Proposed Action from prior and current anthracite electronic mail: [email protected]. The proposed action is for DOE to mining. An estimated 300 million tons FOR FURTHER INFORMATION, CONTACT: For provide, through a cooperative of this coal waste exists throughout information regarding the Gilberton agreement with WMPI, financial Pennsylvania. The EIS will evaluate the Coal-to-Clean Fuels and Power Project assistance for the proposed Gilberton proposed project and reasonable or to receive a copy of the draft EIS for Coal-to-Clean Fuels and Power Project alternatives. review when it is issued, contact Mr. (hereafter termed the ‘‘Gilberton The EIS will help DOE decide Lloyd Lorenzi as described above. Those Project’’). The Gilberton Project would whether to provide 16 percent seeking general information on the DOE be designed for long-term commercial (approximately $100 million as a NEPA process, contact: Ms. Carol M. operation following completion of an repayable loan) of the total estimated Borgstrom, Director, Office of NEPA approximately 27-month demonstration funding of $612 million for the Policy and Compliance (EH–42), U.S. period under a 6-year cooperative proposed project. The purpose of this Department of Energy, 1000 agreement with DOE, and would cost a Notice of Intent is to inform the public Independence Avenue, SW., total of approximately $612 million; about the proposed project; invite Washington, DC 20585–0119. DOE’s share would be approximately public participation in the EIS process; Telephone: (202) 586–4600. Facsimile: $100 million (16%) in the form of a announce the plans for a public scoping (202) 586–7031, or leave a toll-free repayable loan. meeting and explain the EIS scoping message at 1–800–472–2756. The Gilberton Project would result in process; and solicit public comments for SUPPLEMENTARY INFORMATION: design, construction, and operation of a consideration in establishing the new plant to co-produce approximately proposed scope and content of the EIS. Background and Need for Agency 41 MW of electricity for export to the DATES: To ensure that all of the issues Action local grid at extremely high related to this proposal are addressed, Since the early 1970s, DOE and its environmental performance, about 5,000 DOE invites comments on the proposed predecessor agencies have pursued barrels-per-day of high quality, ultra- scope and content of the EIS from all research and development programs clean liquid hydrocarbon products, and

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steam near Gilberton, Schuylkill be cleaned to produce approximately plant system would be marketed to local County, Pennsylvania. 200 million standard cubic-feet-per-day customers. Other potentially marketable The liquid hydrocarbon products blend of primarily hydrogen and carbon byproducts from the plant would would include clean diesel fuel and monoxide. The mineral content of the include elemental sulfur and a vitrified naphtha. The new plant would use four anthracite waste and the fluxing agent material resembling coarse sand that major technology systems: (1) fed to the Shell gasifier would produce could be used in the construction and Gasification technology from Shell, about 2,000 tons-per-day of molten slag building industries. which would be particularly suitable for and 160 tons-per-day of collected dry Wastewater, including contaminated processing the high ash (40%), low cost, particulate that could be used as runoff from the project site, would be anthracite coal waste that would construction materials. handled using a combination of storm provide the primary feed to the plant. Cleaning of gas from the Shell gasifier water retention, wastewater treatment, The gasification process would produce would be achieved using a combination oil recovery, biological treatment and raw synthesis gas consisting primarily of initial quenching to remove any solids removal, and disposal. Water of carbon monoxide and hydrogen; (2) entrained molten slag, filtration to treatments would include equalization, raw synthesis gas treatment and remove dry particulate, scrubbing to API separator treatment for oil removal cleaning technology systems to remove remove any residual solid particles and and recovery, dissolved air flotation for solid particulate matter and gaseous alkali salts, catalytic removal of sulfur additional oil removal, and biological contaminants to trace concentrations; compounds, and treatment in a Rectisol treatment. (3) indirect liquefaction for converting unit to remove carbon dioxide. The gas Construction of the proposed plant cleaned synthesis gas into synthetic cleaning processes would remove would be expected to require hydrocarbon liquids using Fischer- impurities and produce a carbon approximately 30 months. Plant start- Tropsch (F-T) technology from SASOL dioxide stream that could be used for up, system and feedstock testing, and Technology, Ltd., and (4) combustion of future sequestration if economics long-term performance and reliability cleaned, unconverted synthesis gas in a permit, although sequestration is not demonstration under the cooperative gas turbine/combined cycle power plant part of the proposed project. agreement with DOE would require to produce electricity and steam. The cleaned synthesis gas would be approximately 27 months, after which The Gilberton Project would be processed through a low-temperature F- the plant could continue in commercial located on an approximately 50-acre site T unit and downstream product operation. near Gilberton, PA, north of Interstate treatment units to produce about 5,000 Successful demonstration of 81 and east of Pennsylvania State barrels-per-day of ultra-clean diesel fuel technology in the Gilberton Project Highway 61, off Morea Road. The site and naphtha, which would be virtually would generate opportunities for a for the Gilberton Project would be free of sulfur, nitrogen, and aromatic broad range of commercial applications, adjacent to the eastern boundary of the compounds and superior in both end- especially in coal producing and existing 80 MW Gilberton Power Plant, use and environmental properties consuming regions of the United States. which has been operating continuously compared with liquid hydrocarbon Commercial applications would result since 1986 using circulating fluidized- products produced from petroleum in substantial socioeconomic benefits to bed combustion technology to process refining. Operations could be altered to the coal regions, including direct and anthracite coal waste. Site preparation change the distribution of products, indirect job stimulation and the related would require grading, clearing of including kerosene that would service benefits of enhanced productivity and vegetation, and addition of specialty jet fuel markets, and to tax revenues; environmental benefits of infrastructure improvements, such as produce alcohols and liquefied abandoned mine land reclamation as roads, fencing, and drainage. petroleum gas. The F-T liquid products coal waste is converted into high value Construction preparations would would be readily marketable to the products; and increasing energy include installation of concrete piers refining industry. Diesel product from independence. and foundations for the plant equipment F-T synthesis possesses a high Cetane Alternatives and structures. value and has demonstrated The primary feed material for the significantly reduced engine emissions NEPA requires that agencies evaluate Gilberton Project would be up to of particulate matter, nitrogen oxides, the reasonable alternatives to the approximately 4,700 dry tons-per-day of hydrocarbons, and carbon monoxide, proposed action in an EIS. The purpose anthracite coal waste, which is while meeting all current fuel for agency action determines the range abundant locally in legacy waste piles specifications and the expected future of reasonable alternatives. from old mining practices. These (2006) Environmental Protection The Clean Coal Power Initiative anthracite tailings, which are potential Agency specification for low sulfur (CCPI) was established to help sources of soil and water contamination, fuels. Naphtha product can either be implement the President’s National would be reclaimed for the Gilberton readily upgraded to a high-octane, clean Energy Policy (NEP) recommendation to Project from the surrounding area, reformulated gasoline or used as an on- increase investment in clean coal although the plant would also be board, sulfur-free feed to a reformer to technology by addressing national capable of processing feed containing a produce hydrogen for fuel-cell-powered challenges of ensuring the reliability of blend of anthracite waste with vehicle applications. domestic electric and energy supplies petroleum coke, other coals, or biomass. Unconverted, cleaned synthesis gas while simultaneously protecting the Air separation would be used to from the F-T unit would be combusted environment. The CCPI program was produce a high purity oxygen stream for in a gas turbine/combined-cycle power structured to achieve NEP goals by the Shell gasification process. The plant to produce electricity for the promoting private sector initiatives to anthracite waste, combined with about Gilberton Project and for export to the invest in demonstrations of advanced 400 tons-per-day of a fluxing agent such local power grid. High pressure and technologies that could be widely as limestone to assist with maintaining medium pressure steam produced in the deployed commercially to ensure that ash in a molten form, would be plant would be used to produce the United States has clean, reliable, processed through a Shell gasifier to additional power using steam turbo- and affordable energy. Private sector produce a raw synthesis gas that would generators. Excess steam from the power investments and deployment of energy

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systems in the United States places DOE of the EIS, is neither intended to be all- foreseeable future projects, including in a much more limited role than if the inclusive nor a predetermined set of the existing 80 MW Gilberton power Federal government were the owner and potential impacts. Additions to or plant; operator of the energy systems. In the deletions from this list may occur as a (14) Connected actions, including latter situation, DOE would be result of the public scoping process. processing of gasifier slag into aggregate responsible for a comprehensive review The environmental issues include: for use in construction applications, use of reasonable alternatives for siting the (1) Atmospheric resources: Potential of heat and energy from the plant, and system. However, in dealing with air quality impacts resulting from both processing and use of liquid applicants under the CCPI solicitation, emissions during construction and hydrocarbon products; the scope of alternatives is necessarily operation of the proposed Gilberton (15) Compliance with regulatory more restricted because DOE must focus Project, including odor impacts; requirements and environmental on alternative ways to accomplish its (2) Water usage: Potential effects on permitting; and purpose that reflect both the application surface and groundwater resources, (16) Environmental monitoring. before it and the functions that DOE including impacts from withdrawals of plays in the decisional process. In such groundwater and mine pool water from Public Scoping Process cases DOE must give substantial the Susquehanna River and Delaware To ensure that all issues related to consideration to the applicant’s needs in River watersheds; this proposal are addressed, DOE will establishing a project’s reasonable (3) Water quality: Potential impacts conduct an open process to define the alternatives. resulting from wastewater treatment and scope of the EIS. The public scoping The range of reasonable options to be discharge, from water usage, and from period will end on May 19, 2003. considered in the EIS for the proposed reclaiming abandoned anthracite waste; Interested agencies, organizations, and Gilberton Project is determined in (4) Infrastructure and land use, the general public are encouraged to accordance with the overall NEPA including potential environmental and submit comments or suggestions strategy. Because of DOE’s limited role socioeconomic effects resulting from: concerning the content of the EIS, issues of providing cost-shared funding for the Plant construction; delivery of feed and impacts to be addressed in the EIS, proposed Gilberton Project, DOE materials; recovery of coal waste and and alternatives that should be currently plans to give primary mine pool water; steam and heat considered. Scoping comments should emphasis to the proposed action and the distribution; electric power generation identify specific issues or topics that the no-action alternative. Under the no- and transmission; product hydrocarbon EIS should address in order to assist action alternative, DOE would not liquids transportation, distribution, and DOE in identifying significant issues. provide partial funding for the design, use; measures to prevent soil erosion Written, e-mailed, or faxed comments construction, and operation of the and degradation; and site restoration; should be communicated by May 19, project. (5) Solid Waste: Pollution prevention 2003 (see ADDRESSES). In the absence of DOE funding, the and waste management, including, ash, DOE will conduct a public scoping Gilberton Project probably would not be slag, waste water treatment facility meeting at D.H.H. Lengel Middle constructed. Alternatives considered by sludge; School, 1541 West Laurel Boulevard, in WMPI, in developing the proposal for (6) Noise: Potential impacts resulting Pottsville, PA, on May 5, 2003, at 7 p.m. the Gilberton Project, including from construction and operation of the In addition, the public is invited to an alternative sites and technologies for the proposed plant and from transportation informal session at this location proposed project also will be presented of feed materials and plant products; in the EIS. DOE will consider other (7) Construction: Potential impacts beginning at 4 p.m., to learn more about reasonable alternatives that may be associated with traffic patterns, the proposed action. Displays and other suggested during the public scoping construction-related emissions, and information about the proposed agency period. involvement of floodplains and action and the demonstration plant will Under the proposed action, project wetlands; be available, and DOE personnel will be activities would include equipment (8) Safety and health impacts, present to discuss the proposed action design and fabrication, process including construction-related safety, and the NEPA process. engineering, plant permitting and process safety, and management of The formal scoping meeting will construction, and testing and chemicals and catalysts; begin on May 5, 2003, at 7 p.m. DOE demonstration of the technology. DOE (9) Ecological: Potential on-site and asks people who wish to speak at this plans to complete the EIS within 15 off-site impacts to vegetation, terrestrial public scoping meeting to contact Mr. months following publication of this wildlife, aquatic wildlife, threatened Lloyd Lorenzi, either by phone, fax, Notice of Intent and to subsequently and endangered species, and computer, or in writing (see ADDRESSES issue a Record of Decision. Upon ecologically sensitive habitats; in this notice). completing the demonstration effort for (10) Community impacts, including People who do not arrange in advance DOE, WMPI could continue commercial potential impacts from local traffic to speak may register at the meeting operation of the plant constructed under patterns, socioeconomic impacts on (preferably at the beginning of the the Gilberton Project. public services and infrastructure, and meeting) and will be provided environmental justice; opportunities to speak following Preliminary Identification of (11) Visual impacts associated with previously scheduled speakers. Environmental Issues plant structures and plant operations; Speakers who need more than five The following environmental issues (12) Reclamation impacts: Potential minutes should indicate the length of have been tentatively identified for impacts resulting from recovery of coal time desired in their request. Depending analysis in the EIS. This list, which was waste from disposal and reclamation on the number of speakers, DOE may developed from analyses of the sites; need to limit speakers to five-minutes proposed technology, the scope of the (13) Cumulative effects that result initially but will provide additional proposed project, and similar projects, from the incremental impacts of the opportunities as time permits. Speakers and which is presented to facilitate proposed project when added to the may also provide written materials to public comment on the planned scope other past, present, and reasonably supplement their presentations. Oral

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and written comments will be given assistance, please contact FERC Online consist of: (1) A proposed 200-foot-long, equal consideration. Support at 6-foot-diameter steel penstock, (2) a DOE will begin the meeting with an [email protected] or toll- proposed powerhouse containing one overview of the proposed Gilberton free at (866) 208–3676, or TTY, contact generating unit with an installed Project. The meeting will not be (202) 502–8659. The Commission capacity of 2 megawatts, (3) a proposed conducted as an evidentiary hearing, strongly encourages electronic filings. 5-mile-long, 25-kv transmission line, and speakers will not be cross- See 18 CFR 385.2001(a)(1)(iii) and the and (4) appurtenant facilities. The examined. However, speakers may be instructions on the Commission’s Web project would operate in a run-of-river asked questions to help ensure that DOE site under the ‘‘e-Filing’’ link. mode and would have an average fully understands their comments or Comment Date: April 9, 2003. annual generation of 18 GWh. suggestions. A presiding officer will k. This filing is available for review at Magalie R. Salas, establish the order of speakers and the Commission in the Public Reference provide any additional procedures Secretary. Room or may be viewed on the necessary to conduct the meeting. [FR Doc. 03–8775 Filed 4–9–03; 8:45 am] Commission’s Web site at http:// BILLING CODE 6717–01–P www.ferc.gov using the ‘‘FERRIS’’ link. Issued in Washington, DC, on this 4th day of April, 2003. Enter the docket number excluding the last three digits in the docket number Beverly A. Cook, DEPARTMENT OF ENERGY field to access the document. For Assistant Secretary, Environment, Safety and assistance, contact FERC Online Health. Federal Energy Regulatory Support at [FR Doc. 03–8837 Filed 4–9–03; 8:45 am] Commission [email protected] or toll- BILLING CODE 6450–01–P Notice of Application Accepted for free at (866) 208–3676, or for TTY, Filing and Soliciting Comments, contact (202) 502–8659. A copy is also Protests, and Motions To Intervene available for inspection and DEPARTMENT OF ENERGY reproduction at Dierks Hydro, LLC, 975 Federal Energy Regulatory April 3, 2003. South State Highway, Logan, UT 84321, Commission Take notice that the following (435) 752–2580. hydroelectric application has been filed l. Competing Preliminary Permit— [Docket No. RP03–319–000] with the Commission and is available Anyone desiring to file a competing for public inspection: application for preliminary permit for a ANR Pipeline Company; Notice of a. Type of Application: Preliminary proposed project must submit the Tariff Filing Permit. competing application itself, or a notice of intent to file such an application, to April 3, 2003. b. Project No.: 12387–000. c. Date filed: October 7, 2002. the Commission on or before the Take notice that on March 28, 2002, d. Applicant: Dierks Hydro, LLC. specified comment date for the ANR Pipeline Company (ANR), e. Name and Location of Project: The particular application (see 18 CFR 4.36). tendered for filing as part of its FERC Dierks Dam Project would be located on Submission of a timely notice of intent Gas Tariff, Second Revised Volume No. the Saline River in Sevier County, allows an interested person to file the 1, Fifth Revised Sheet No. 161A.02, Arkansas. The proposed project would competing preliminary permit with an effective date of April 30, 2003. be located on an existing dam application no later than 30 days after ANR states that it is tendering the administered by the U.S. Corps of the specified comment date for the revised tariff sheet in order to clarify its Engineers (Corps). particular application. A competing rights to allow contractual rights of first f. Filed Pursuant to: Federal Power preliminary permit application must refusal pursuant to Section 22.2. Act, 16 U.S.C. 91a—825r. conform with 18 CFR 4.30(b) and 4.36. Any person desiring to be heard or to g. Applicant contact: Mr. Brent L. m. Competing Development protest said filing should file a motion Smith, Northwest Power Services, Inc., Application—Any qualified to intervene or a protest with the PO Box 535, Rigby, ID 83442, (208) 745– development applicant desiring to file a Federal Energy Regulatory Commission, 0834. competing development application 888 First Street, NE., Washington, DC h. FERC Contact: Tom Papsidero, must submit to the Commission, on or 20426, in accordance with Sections (202) 502–6002. before a specified comment date for the 385.314 or 385.211 of the Commission’s i. Deadline for filing comments, particular application, either a Rules and Regulations. All such motions protests, and motions to intervene: 60 competing development application or a or protests must be filed in accordance days from the issuance date of this notice of intent to file such an with Section 154.210 of the notice. application. Submission of a timely Commission’s Regulations. Protests will The Commission’s Rules of Practice notice of intent to file a development be considered by the Commission in and Procedure require all interveners application allows an interested person determining the appropriate action to be filing documents with the Commission to file the competing application no taken, but will not serve to make to serve a copy of that document on later than 120 days after the specified protestants parties to the proceedings. each person in the official service list comment date for the particular Any person wishing to become a party for the project. Further, if an intervener application. A competing license must file a motion to intervene. This files comments or documents with the application must conform with 18 CFR filing is available for review at the Commission relating to the merits of an 4.30(b) and 4.36. Commission in the Public Reference issue that may affect the responsibilities n. Notice of Intent—A notice of intent Room or may be viewed on the of a particular resource agency, they must specify the exact name, business Commission’s Web site at http:// must also serve a copy of the document address, and telephone number of the www.ferc.gov using the ‘‘FERRIS’’ link. on that resource agency. prospective applicant, and must include Enter the docket number excluding the j. Description of Project: The proposed an unequivocal statement of intent to last three digits in the docket number project would utilize the Corps’ existing submit, if such an application may be field to access the document. For Dierks Dam and Reservoir and would filed, either a preliminary permit

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application or a development r. Agency Comments: Federal, state, strongly encourages electronic filings. application (specify which type of and local agencies are invited to file See 18 CFR 385.2001(a)(1)(iii) and the application). A notice of intent must be comments on the described application. instructions on the Commission’s Web served on the applicant(s) named in this A copy of the application may be site under the ‘‘e-Filing’’ link. public notice. obtained by agencies directly from the Comment Date: April 14, 2003. Applicant. If an agency does not file o. Proposed Scope of Studies under Magalie R. Salas, Permit—A preliminary permit, if issued, comments within the time specified for Secretary. does not authorize construction. The filing comments, it will be presumed to term of the proposed preliminary permit have no comments. One copy of an [FR Doc. 03–8795 Filed 4–9–03; 8:45 am] would be 36 months. The work agency’s comments must also be sent to BILLING CODE 6717–01–P proposed under the preliminary permit the Applicant’s representatives. would include economic analysis, Magalie R. Salas, DEPARTMENT OF ENERGY preparation of preliminary engineering plans, and a study of environmental Secretary. [FR Doc. 03–8785 Filed 4–9–03; 8:45 am] Federal Energy Regulatory impacts. Based on the results of these Commission studies, the Applicant would decide BILLING CODE 6717–01–P whether to proceed with the preparation [Docket No. RP99–301–073] of a development application to DEPARTMENT OF ENERGY ANR Pipeline Company; Notice of construct and operate the project. Negotiated Rate Filing p. Comments, Protests, or Motions to Federal Energy Regulatory Intervene—Anyone may submit Commission April 3, 2003. comments, a protest, or a motion to Take notice that on March 31, 2003, intervene in accordance with the [Docket No. RP99–301–072] ANR Pipeline Company (ANR) tendered requirements of Rules of Practice and ANR Pipeline Company; Notice of for filing and approval amendments to Procedure, 18 CFR 385.210, .211, .214. Negotiated Rate Filing two Service Agreements between ANR In determining the appropriate action to and PCS Nitrogen Ohio, L.P. ANR states take, the Commission will consider all April 3, 2003. that these amendments effectuate an protests or other comments filed, but Take notice that on March 31, 2003, increase in the Maximum Daily only those who file a motion to ANR Pipeline Company (ANR) tendered Quantity under one agreement, and a intervene in accordance with the for filing and approval an amendment to decrease in the Maximum Daily Commission’s Rules may become a a Service Agreement between ANR and Quantity under the other agreement. party to the proceeding. Any comments, CoEnergy Trading Company, which ANR requests that the Commission protests, or motions to intervene must adds additional secondary points at accept and approve the amendments to be received on or before the specified which the negotiated rate shall be be effective April 1, 2003. comment date for the particular charged. ANR requests that the Any person desiring to be heard or to application. Commission accept and approve the protest said filing should file a motion q. Filing and Service of Responsive amendment to be effective April 1, to intervene or a protest with the Documents—Any filings must bear in 2003. Federal Energy Regulatory Commission, all capital letters the title Any person desiring to be heard or to 888 First Street, NE., Washington, DC ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT protest said filing should file a motion 20426, in accordance with sections TO FILE COMPETING APPLICATION’’, to intervene or a protest with the 385.314 or 385.211 of the Commission’s ‘‘COMPETING APPLICATION’’, Federal Energy Regulatory Commission, rules and regulations. All such motions ‘‘PROTEST’’, or ‘‘MOTION TO 888 First Street, NE., Washington, DC or protests must be filed in accordance INTERVENE’’, as applicable, and the 20426, in accordance with sections with section 154.210 of the Project Number of the particular 385.314 or 385.211 of the Commission’s Commission’s regulations. Protests will application to which the filing refers. rules and regulations. All such motions be considered by the Commission in Any of the above-named documents or protests must be filed in accordance determining the appropriate action to be must be filed by providing an original with section 154.210 of the taken, but will not serve to make and eight copies to: The Secretary, Commission’s regulations. Protests will protestants parties to the proceedings. Federal Energy Regulatory Commission, be considered by the Commission in Any person wishing to become a party 888 First Street, NE., Washington, DC determining the appropriate action to be must file a motion to intervene. This 20426. An additional copy must be sent taken, but will not serve to make filing is available for review at the to Director, Division of Hydropower protestants parties to the proceedings. Commission in the Public Reference Administration and Compliance, Any person wishing to become a party Room or may be viewed on the Federal Energy Regulatory Commission, must file a motion to intervene. This Commission’s Web site at http:// at the above-mentioned address. A copy filing is available for review at the www.ferc.gov using the ‘‘FERRIS’’ link. of any notice of intent, competing Commission in the Public Reference Enter the docket number excluding the application or motion to intervene must Room or may be viewed on the last three digits in the docket number also be served upon each representative Commission’s Web site at http:// field to access the document. For of the Applicant specified in the www.ferc.gov using the ‘‘FERRIS’’ link. assistance, please contact FERC Online particular application. Enter the docket number excluding the Support at Comments, protests and interventions last three digits in the docket number [email protected] or toll- may be filed electronically via the field to access the document. For free at (866) 208–3676, or TTY, contact Internet in lieu of paper; see 18 CFR assistance, please contact FERC Online (202) 502–8659. The Commission 385.2001(a)(1)(iii) and the instructions Support at strongly encourages electronic filings. on the Commission’s Web site under the [email protected] or toll- See 18 CFR 385.2001(a)(1)(iii) and the ‘‘e-Filing’’ link. The Commission free at (866) 208–3676, or TTY, contact instructions on the Commission’s Web strongly encourages electronic filings. (202) 502–8659. The Commission site under the ‘‘e-Filing’’ link.

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Comment Date: April 14, 2003. Protest Date: April 10, 2003. customers and interested state regulatory agencies and all parties to the Magalie R. Salas, Magalie R. Salas, proceeding. Secretary. Secretary. Any person desiring to be heard or to [FR Doc. 03–8796 Filed 4–9–03; 8:45 am] [FR Doc. 03–8774 Filed 4–9–03; 8:45 am] protest said filing should file a motion BILLING CODE 6717–01–P BILLING CODE 6717–01–P to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY 20426, in accordance with sections 385.314 or 385.211 of the Commission’s Federal Energy Regulatory Federal Energy Regulatory rules and regulations. All such motions Commission Commission or protests must be filed in accordance [Docket No. RP03–326–000] with section 154.210 of the [Docket No. RP03–299–001] Commission’s regulations. Protests will Iroquois Gas Transmission System, be considered by the Commission in Dominion Cove Point LNG, LP.; Notice L.P.; Notice of Proposed Changes in determining the appropriate action to be of Filing FERC Gas Tariff taken, but will not serve to make protestants parties to the proceedings. April 3, 2003. April 3, 2003. Any person wishing to become a party Take notice that on March 31, 2003, must file a motion to intervene. This Take notice that on March 31, 2003, Iroquois Gas Transmission System, L.P. Dominion Cove Point LNG, LP (Cove filing is available for review at the (Iroquois) tendered for filing as part of Commission in the Public Reference Point) tendered for filing workpapers its FERC Gas Tariff, Volume No. 1, the supporting the calculation of Cove Room or may be viewed on the following tariff sheets proposed to Commission’s Web site at http:// Point’s retention percentages for the become effective May 15, 2003: www.ferc.gov using the ‘‘FERRIS’’ link. annual period beginning May 1,2003. First Revised Sheet No. 3 Enter the docket number excluding the Cove Point states that the tariff sheet Sixth Revised Sheet No. 27 last three digits in the docket number sets forth the restatement and Fourth Revised Sheet No. 34 field to access the document. For adjustment to its retainage percentages Second Revised Sheet No. 54 assistance, please contact FERC Online for both the peaking services and Fifth Revised Sheet No. 55 Support at transportation services, to go into effect Seventh Revised Sheet No. 57 [email protected] or toll- Sixth Revised Sheet No. 57A May 1, 2003. Second Revised Sheet No. 70 free at (866) 208–3676, or TTY, contact Cove Point states that copies of the First Revised Sheet No. 71 (202) 502–8659. The Commission filing are being mailed to its affected First Revised Sheet No. 72 strongly encourages electronic filings. customers and interested State Second Revised Sheet No. 141 See 18 CFR 385.2001(a)(1)(iii) and the Commissions. First Revised Sheet No. 148 instructions on the Commission’s Web Second Revised Sheet No. 149 site under the ‘‘e-Filing’’ link. Any person desiring to protest said Second Revised Sheet No. 150 Comment Date: April 14, 2003. filing should file a protest with the Fourth Revised Sheet No. 153 Federal Energy Regulatory Commission, First Revised Sheet No. 155 Magalie R. Salas, 888 First Street, NE., Washington, DC First Revised Sheet No. 158 Secretary. Third Revised Sheet No. 159 [FR Doc. 03–8782 Filed 4–9–03; 8:45 am] 20426, in accordance with Section Third Revised Sheet No. 160 BILLING CODE 6717–01–P 385.211 of the Commission’s Rules and Fourth Revised Sheet No. 164 Regulations. All such protests must be Second Revised Sheet No. 166 filed on or before the comment date. Third Revised Sheet No. 171 DEPARTMENT OF ENERGY Protests will be considered by the First Revised Sheet No. 176A Fifth Revised Sheet No. 181 Commission in determining the Federal Energy Regulatory appropriate action to be taken, but will Fourth Revised Sheet No. 182 Fifth Revised Sheet No. 183 Commission not serve to make protestants parties to Sixth Revised Sheet No. 184 [Docket No. RP00–157–011] the proceedings. This filing is available Sixth Revised Sheet No. 185 for review at the Commission in the Fifth Revised Sheet No. 186 Kern River Gas Transmission Public Reference Room or may be Second Revised Sheet No. 190 Company; Notice of Negotiated Rates viewed on the Commission’s Web site at Second Revised Sheet No. 192 http://www.ferc.gov using the ‘‘FERRIS’’ Iroquois asserts that the purpose of April 3, 2003. link. Enter the docket number excluding this filing is to correct and update minor Take notice that on March 31, 2003, the last three digits in the docket inconsistencies in the tariff including, Kern River Gas Transmission Company number field to access the document. various grammatical errors, removal of (Kern River) tendered for filing as part Comments, protests and interventions obsolete language associated with the of its FERC Gas Tariff, Second Revised may be filed electronically via the Pro Forma contracts, update changes to Volume No. 1, the following tariff Internet in lieu of paper. For assistance, technical terms to reflect new industry sheets, to be effective April 1, 2003. please contact FERC Online Support at technologies, updates to the reference of Fifth Revised Sheet No. 495. [email protected] or toll- industry standards boards, time Second Revised Sheet No. 496. free at (866) 208–3676, or TTY, contact extensions for contract acceptance for First Revised Sheet No. 497. (202) 502–8659. The Commission ITS and PALS contracts, an updated Kern River states that the purpose of strongly encourages electronic filings. system map and other non substantive this filing is to implement a negotiated See 18 CFR 385.2001(a)(1)(iii) and the syntax and format revisions. rate transaction between Kern River and instructions on the Commission’s Web Iroquois states that copies of its filing Sempra Energy Trading Corporation, in site under the ‘‘e-Filing’’ link. were served on all jurisdictional accordance with the Commission’s

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Policy Statement on alternatives to Kern River states that it has served a all applicable charges); (3) the receipt Traditional Cost of Service Ratemaking copy of this filing upon its customers and delivery points; (4) the volume of for Natural Gas Pipelines, and to and interested state regulatory gas to be transported; and (5) the reference the agreement in Kern River’s commissions. applicable rate schedule for the service. tariff. Any person desiring to be heard or to In addition, Midwestern states that it is Kern River states that it has served a protest said filing should file a motion filing Sheet No. 273 to reflect that the copy of this filing upon its customers to intervene or a protest with the Negotiated Rate contains non- and interested state regulatory Federal Energy Regulatory Commission, conforming terms. commissions. 888 First Street, NE., Washington, DC Midwestern further states that the Any person desiring to be heard or to 20426, in accordance with Sections information set forth in this negotiated protest said filing should file a motion 385.314 or 385.211 of the Commission’s rate agreement fully discloses the to intervene or a protest with the Rules and Regulations. All such motions essential conditions involved in the Federal Energy Regulatory Commission, or protests must be filed on before the negotiated rate transaction, including a 888 First Street, NE., Washington, DC comment date. Protests will be specification of all consideration. In 20426, in accordance with Sections considered by the Commission in addition, in accordance with the orders 385.314 or 385.211 of the Commission’s determining the appropriate action to be approving Midwestern’s negotiated rate Rules and Regulations. All such motions taken, but will not serve to make option, Midwestern will keep its or protests must be filed in accordance protestants parties to the proceedings. negotiated rate information in such form with Section 154.210 of the Any person wishing to become a party that it can be filed, separately identified, Commission’s Regulations. Protests will must file a motion to intervene. This and separately totaled as part of and in be considered by the Commission in filing is available for review at the the format of Statements G, I, and J in determining the appropriate action to be Commission in the Public Reference Midwestern’s future section 4 rate case taken, but will not serve to make Room or may be viewed on the filings. protestants parties to the proceedings. Commission’s Web site at http:// Any person wishing to become a party www.ferc.gov using the ‘‘FERRIS’’ link. Midwestern states that copies of this must file a motion to intervene. This Enter the docket number excluding the filing have been sent to all of filing is available for review at the last three digits in the docket number Midwestern’s contracted shippers and Commission in the Public Reference field to access the document. For interested state regulatory commissions. Room or may be viewed on the assistance, please contact FERC Online Any person desiring to be heard or to Commission’s Web site at http:// Support at protest said filing should file a motion www.ferc.gov using the ‘‘FERRIS’’ link. [email protected] or toll- to intervene or a protest with the Enter the docket number excluding the free at (866) 208–3676, or TTY, contact Federal Energy Regulatory Commission, last three digits in the docket number (202) 502–8659. The Commission 888 First Street, NE., Washington, DC field to access the document. For strongly encourages electronic filings. 20426, in accordance with sections assistance, please contact FERC Online See 18 CFR 385.2001(a)(1)(iii) and the 385.314 or 385.211 of the Commission’s Support at instructions on the Commission’s Web rules and regulations. All such motions [email protected] or toll- site under the ‘‘e-Filing’’ link. or protests must be filed in accordance free at (866) 208–3676, or TTY, contact Comment Date: April 10, 2003. with section 154.210 of the (202) 502–8659. The Commission Commission’s regulations. Protests will Magalie R. Salas, strongly encourages electronic filings. be considered by the Commission in See 18 CFR 385.2001(a)(1)(iii) and the Secretary. determining the appropriate action to be instructions on the Commission’s Web [FR Doc. 03–8776 Filed 4–9–03; 8:45 am] taken, but will not serve to make site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P protestants parties to the proceedings. Comment Date: April 14, 2003. Any person wishing to become a party must file a motion to intervene. This Magalie R. Salas, DEPARTMENT OF ENERGY filing is available for review at the Secretary. Commission in the Public Reference [FR Doc. 03–8773 Filed 4–9–03; 8:45 am] Federal Energy Regulatory Commission Room or may be viewed on the BILLING CODE 6717–01–P Commission’s Web site at http:// [Docket No. RP97–14–014] www.ferc.gov using the ‘‘FERRIS’’ link. Enter the docket number excluding the DEPARTMENT OF ENERGY Midwestern Gas Transmission last three digits in the docket number Company; Notice of Negotiated Rates Federal Energy Regulatory field to access the document. For Commission April 3, 2003. assistance, please contact FERC Online Take notice that on March 28, 2003, Support at [Docket No. RP03–320–000] Midwestern Gas Transmission Company [email protected] or toll- free at (866) 208–3676, or TTY, contact Kern River Gas Transmission (Midwestern) tendered for filing to (202) 502–8659. The Commission Company; Notice of Report of Gas become part of Midwestern’s FERC Gas strongly encourages electronic filings. Compressor Fuel and Lost and Tariff, Third Revised Volume No. 1, See 18 CFR 385.2001(a)(1)(iii) and the Unaccounted-for Gas Factors for 2002 Sixth Revised Sheet No. 273, to become effective April 1, 2003. instructions on the Commission’s Web April 3, 2003. Midwestern states that it has entered site under the ‘‘e-Filing’’ link. Take notice that on March 31, 2003, into a Negotiated Rate Agreement with Comment Date: April 14, 2003. Kern River Gas Transmission Company Northern Illinois Gas Company, d/b/a (Kern River) tendered for filing a report Nicor Gas (Nicor). Contract No. FA0166 Magalie R. Salas, supporting its gas compressor fuel and provides the following information: (1) Secretary. lost and unaccounted-for gas factors for The exact legal name of the shipper; (2) [FR Doc. 03–8791 Filed 4–9–03; 8:45 am] 2002. the total charges (the negotiated rate and BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Comment Date: April 14, 2003. Federal Energy Regulatory Federal Energy Regulatory Magalie R. Salas, Commission Commission Secretary. [FR Doc. 03–8793 Filed 4–9–03; 8:45 am] [Docket No. RP03–322–000] [Docket No. RP99–176–080] BILLING CODE 6717–01–P

Natural Gas Pipeline Company of Natural Gas Pipeline Company of America; Notice of Proposed Changes America; Notice of Negotiated Rates DEPARTMENT OF ENERGY in FERC Gas Tariff April 3, 2003. Federal Energy Regulatory April 3, 2003. Take notice that on March 31, 2003, Commission Take notice that on March 31, 2003, Natural Gas Pipeline Company of [Docket No. RP99–176–081] Natural Gas Pipeline Company of America (Natural) tendered for filing to America (Natural) tendered for filing to become part of its FERC Gas Tariff, Natural Gas Pipeline Company of become part of its FERC Gas Tariff, Sixth Revised Volume No. 1, certain America; Notice of Negotiated Rates Sixth Revised Volume No. 1, the tariff tariff sheets, to be effective April 1, April 3, 2003. sheets listed on Appendix A to the 2003. Take notice that on March 31, 2003, filing, to be effective April 1, 2003. Natural states that the purpose of this Natural Gas Pipeline Company of Natural states that the purpose of this filing is to implement six (6) new America (Natural) tendered for filing to filing is to revise Natural’s Tariff by negotiated rate transactions entered into become part of its FERC Gas Tariff, providing the incremental Storage by Natural and various shippers under Sixth Revised Volume No. 1, certain Expansion 2003 recourse rates under Natural’s Rate Schedule NSS pursuant tariff sheets to be effective April 1, 2003. Rate Schedule NSS pursuant to orders to Section 49 of the General Terms and Natural states that the purpose of this issued in Docket No. CP02–391–000. Conditions of Natural’s Tariff. Natural filing is to implement a new negotiated Natural states that copies of the filing states that these negotiated rate rate transactions between Natural and are being mailed to its customers and agreements support the expansion of the Occidental Energy Marketing, Inc. under state regulatory agencies. North Lansing Storage Field as Rate Schedule FTS pursuant to section Any person desiring to be heard or to authorized by the Commission in 49 of the General Terms and Conditions protest said filing should file a motion Docket No. CP02–391–000. of Natural’s Tariff. to intervene or a protest with the Natural states that copies of the filing Natural states that copies of the filing Federal Energy Regulatory Commission, are being mailed to all parties set out on are being mailed to all parties set out on 888 First Street, NE., Washington, DC the Commission’s official service list in the Commission’s official service list in 20426, in accordance with Sections Docket No. RP99–176. Docket No. RP99–176. 385.314 or 385.211 of the Commission’s Any person desiring to be heard or to Any person desiring to be heard or to Rules and Regulations. All such motions protest said filing should file a motion protest said filing should file a motion or protests must be filed in accordance to intervene or a protest with the to intervene or a protest with the with Section 154.210 of the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Commission’s Regulations. Protests will 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC be considered by the Commission in 20426, in accordance with sections 20426, in accordance with sections determining the appropriate action to be 385.314 or 385.211 of the Commission’s 385.314 or 385.211 of the Commission’s taken, but will not serve to make rules and regulations. All such motions rules and regulations. All such motions protestants parties to the proceedings. or protests must be filed in accordance or protests must be filed in accordance Any person wishing to become a party with section 154.210 of the with section 154.210 of the must file a motion to intervene. This Commission’s regulations. Protests will Commission’s regulations. Protests will filing is available for review at the be considered by the Commission in be considered by the Commission in Commission in the Public Reference determining the appropriate action to be determining the appropriate action to be Room or may be viewed on the taken, but will not serve to make taken, but will not serve to make Commission’s Web site at http:// protestants parties to the proceedings. protestants parties to the proceedings. www.ferc.gov using the ‘‘FERRIS’’ link. Any person wishing to become a party Any person wishing to become a party Enter the docket number excluding the must file a motion to intervene. This must file a motion to intervene. This last three digits in the docket number filing is available for review at the filing is available for review at the field to access the document. For Commission in the Public Reference Commission in the Public Reference assistance, please contact FERC Online Room or may be viewed on the Room or may be viewed on the Support at Commission’s Web site at http:// Commission’s Web site at http:// [email protected] or toll- www.ferc.gov using the ‘‘FERRIS’’ link. www.ferc.gov using the ‘‘FERRIS’’ link. free at (866) 208–3676, or TTY, contact Enter the docket number excluding the Enter the docket number excluding the (202) 502–8659. The Commission last three digits in the docket number last three digits in the docket number strongly encourages electronic filings. field to access the document. For field to access the document. For See 18 CFR 385.2001(a)(1)(iii) and the assistance, please contact FERC Online assistance, please contact FERC Online instructions on the Commission’s Web Support at Support at site under the ‘‘e-Filing’’ link. [email protected] or toll- [email protected] or toll- Comment Date: April 14, 2003. free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission (202) 502–8659. The Commission Magalie R. Salas, strongly encourages electronic filings. strongly encourages electronic filings. Secretary. See 18 CFR 385.2001(a)(1)(iii) and the See 18 CFR 385.2001(a)(1)(iii) and the [FR Doc. 03–8778 Filed 4–9–03; 8:45 am] instructions on the Commission’s Web instructions on the Commission’s Web BILLING CODE 6717–01–P site under the ‘‘e-Filing’’ link. site under the ‘‘e-Filing’’ link.

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Comment Date: April 14, 2003. DEPARTMENT OF ENERGY Comment Date: April 14, 2003.

Magalie R. Salas, Federal Energy Regulatory Magalie R. Salas, Secretary. Commission Secretary. [FR Doc. 03–8794 Filed 4–9–03; 8:45 am] [FR Doc. 03–8787 Filed 4–9–03; 8:45 am] BILLING CODE 6717–01–P [Docket No. RP96–272–048] BILLING CODE 6717–01–P

Northern Natural Gas Company; Notice DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY of Negotiated Rates Federal Energy Regulatory Federal Energy Regulatory April 3, 2003. Commission Commission Take notice that on March 31, 2003, [Docket No. RP02–363–006] Northern Natural Gas Company [Docket No. RP96–272–049] North Baja Pipeline, LLC; Notice (Northern) tendered for filing to become Northern Natural Gas Company; Notice Compliance Filing part of its FERC Gas Tariff, Fifth Revised of Negotiated Rates Volume No. 1, 29 Revised Sheet No. 66 April 3, 2003. and 25 Revised Sheet No. 66A, April 3, 2003. Take notice that on March 31, 2003, proposed to be effective on April 1, Take notice that on March 31, 2003, North Baja Pipeline, LLC (NBP) 2003. Northern Natural Gas Company tendered for filing as part of its FERC (Northern) tendered for filing to become Gas Tariff, Original Volume No. 1, the Northern states that the above sheets are being filed to implement specific part of Northern’s FERC Gas Tariff, Fifth tariff sheets listed in Appendix A to the Revised Volume No. 1, 30 Revised Sheet filing, with an effective date of February negotiated rate transactions with Occidental Energy Marketing, Inc. and No. 66 and 26 Revised Sheet No. 66A, 28, 2003. to be effective on April 1, 2003. WPS Energy Services, Inc. in NBP states that the tariff sheets are Northern states that the above sheets accordance with the Commission’s being filed to comply with the are being filed to implement specific Policy Statement on Alternatives to Commission’s February 28, 2003, Order negotiated rate transaction with United Granting Rehearing and Modifying Prior Traditional Cost-of-Service Ratemaking Energy Trading, LLC in accordance with Order in the instant docket. for Natural Gas Pipelines. the Commission’s Policy Statement on NBP further states that a copy of this Northern further states that copies of Alternatives to Traditional Cost-of- filing has been served on NBP’s the filing have been mailed to each of Service Ratemaking for Natural Gas jurisdictional customers and interested its customers and interested State Pipelines. state regulatory agencies. Commissions. Northern further states that copies of Any person desiring to protest said the filing have been mailed to each of filing should file a protest with the Any person desiring to be heard or to its customers and interested State Federal Energy Regulatory Commission, protest said filing should file a motion Commissions. 888 First Street, NE., Washington, DC to intervene or a protest with the Any person desiring to be heard or to 20426, in accordance with section Federal Energy Regulatory Commission, protest said filing should file a motion 385.211 of the Commission’s rules and 888 First Street, NE., Washington, DC to intervene or a protest with the regulations. All such protests must be 20426, in accordance with sections Federal Energy Regulatory Commission, filed in accordance with section 154.210 385.314 or 385.211 of the Commission’s 888 First Street, NE., Washington, DC of the Commission’s regulations. rules and regulations. All such motions 20426, in accordance with sections Protests will be considered by the or protests must be filed in accordance 385.314 or 385.211 of the Commission’s Commission in determining the with section 154.210 of the rules and regulations. All such motions appropriate action to be taken, but will Commission’s regulations. Protests will or protests must be filed in accordance not serve to make protestants parties to be considered by the Commission in the proceedings. This filing is available with section 154.210 of the determining the appropriate action to be Commission’s regulations. Protests will for review at the Commission in the taken, but will not serve to make Public Reference Room or may be be considered by the Commission in protestants parties to the proceedings. determining the appropriate action to be viewed on the Commission’s Web site at Any person wishing to become a party http://www.ferc.gov using the ‘‘FERRIS’’ taken, but will not serve to make must file a motion to intervene. This protestants parties to the proceedings. link. Enter the docket number excluding filing is available for review at the the last three digits in the docket Any person wishing to become a party Commission in the Public Reference must file a motion to intervene. This number field to access the document. Room or may be viewed on the For assistance, please contact FERC filing is available for review at the Commission’s Web site at http:// Commission in the Public Reference Online Support at www.ferc.gov using the ‘‘FERRIS’’ link. [email protected] or toll- Room or may be viewed on the Enter the docket number excluding the free at (866) 208–3676, or TTY, contact Commission’s Web site at http:// last three digits in the docket number (202) 502–8659. The Commission www.ferc.gov using the ‘‘FERRIS’’ link. field to access the document. For strongly encourages electronic filings. Enter the docket number excluding the assistance, please contact FERC Online See 18 CFR 385.2001(a)(1)(iii) and the last three digits in the docket number Support at instructions on the Commission’s Web field to access the document. For site under the ‘‘e-Filing’’ link. [email protected] or toll- assistance, please contact FERC Online Protest Date: April 14, 2003. free at (866) 208–3676, or TTY, contact Support at (202) 502–8659. The Commission [email protected] or toll- Magalie R. Salas, strongly encourages electronic filings. free at (866) 208–3676, or TTY, contact Secretary. See 18 CFR 385.2001(a)(1)(iii) and the (202) 502–8659. The Commission [FR Doc. 03–8786 Filed 4–9–03; 8:45 am] instructions on the Commission’s Web strongly encourages electronic filings. BILLING CODE 6717–01–P site under the ‘‘e-Filing’’ link. See 18 CFR 385.2001(a)(1)(iii) and the

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instructions on the Commission’s Web See 18 CFR 385.2001(a)(1)(iii) and the Comment Date: April 10, 2003. site under the ‘‘e-Filing’’ link. instructions on the Commission’s Web Magalie R. Salas, Comment Date: April 14, 2003. site under the ‘‘e-Filing’’ link. Comment Date: April 14, 2003. Secretary. Magalie R. Salas, [FR Doc. 03–8784 Filed 4–9–03; 8:45 am] Secretary. Magalie R. Salas, BILLING CODE 6717–01–P [FR Doc. 03–8788 Filed 4–9–03; 8:45 am] Secretary. BILLING CODE 6717–01–P [FR Doc. 03–8781 Filed 4–9–03; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY

DEPARTMENT OF ENERGY Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Federal Energy Regulatory [Docket No. RP03–327–000] Commission Federal Energy Regulatory Commission [Docket No. RP03–325–000] Pine Needle LNG Company, LLC; [Docket No. RP03–328–000] Notice of Proposed Changes in FERC Panhandle Eastern Pipe Line Gas Tariff Company; Notice of Proposed Panhandle Eastern Pipe Line Changes in FERC Gas Tariff Company; Notice of Annual Report of April 3, 2003. Flow Through of Penalty Revenues Take notice that on March 31, 2003, April 3, 2003. Pine Needle LNG Company, LLC (Pine Take notice that on March 31, 2003, April 3, 2003. Needle) tendered for filing as part of its Panhandle Eastern Pipe Line Company Take notice that on March 31, 2003, FERC Gas Tariff, Original Volume No. 1, (Panhandle) tendered for filing as part of Panhandle Eastern Pipe Line Company Third Revised Tariff Sheet No. 4, with its FERC Gas Tariff, First Revised (Panhandle) tendered for filing its an effective date of May 1, 2003. Volume No. 1, the tariff sheets listed on Annual Report of Flow Through of Pine Needle states that the instant Appendix A attached to the filing to Penalty Revenues. filing is being submitted pursuant to become effective May 1, 2003. Panhandle states that this filing is section 18 and section 19 of the General Panhandle states that this filing is made in accordance with section Terms and Conditions (GT&C) of Pine made in accordance with Section 25.1 25.2(c)(i) of the General Terms and Needle’s FERC Gas Tariff. (Flow Through of Cash-Out Revenues in Conditions in Panhandle’s FERC Gas Pine Needle states that it is serving Excess of Costs) of the General Terms Tariff, First Revised Volume No. 1. copies of the instant filing to its affected and Conditions in Panhandle’s FERC Panhandle further states that copies of customers, interested State Gas Tariff, First Revised Volume No. 1. this filing are being served on all Commissions and other interested Panhandle further states that copies of affected customers and applicable state parties. this filing are being served on all regulatory agencies. Any person desiring to be heard or to affected customers and applicable state Any person desiring to be heard or to protest said filing should file a motion regulatory agencies. protest said filing should file a motion to intervene or a protest with the Any person desiring to be heard or to to intervene or a protest with the Federal Energy Regulatory Commission, protest said filing should file a motion Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC to intervene or a protest with the 888 First Street, NE., Washington, DC 20426, in accordance with sections Federal Energy Regulatory Commission, 20426, in accordance with sections 385.314 or 385.211 of the Commission’s 888 First Street, NE., Washington, DC 385.314 or 385.211 of the Commission’s rules and regulations. All such motions 20426, in accordance with sections rules and regulations. All such motions or protests must be filed in accordance 385.314 or 385.211 of the Commission’s or protests must be filed on or before the with section 154.210 of the rules and regulations. All such motions comment date. Protests will be Commission’s regulations. Protests will or protests must be filed in accordance considered by the Commission in be considered by the Commission in with section 154.210 of the determining the appropriate action to be determining the appropriate action to be Commission’s regulations. Protests will taken, but will not serve to make taken, but will not serve to make be considered by the Commission in protestants parties to the proceedings. protestants parties to the proceedings. determining the appropriate action to be Any person wishing to become a party Any person wishing to become a party taken, but will not serve to make must file a motion to intervene. This must file a motion to intervene. This protestants parties to the proceedings. filing is available for review at the filing is available for review at the Any person wishing to become a party Commission in the Public Reference Commission in the Public Reference must file a motion to intervene. This Room or may be viewed on the Room or may be viewed on the filing is available for review at the Commission’s Web site at http:// Commission’s Web site at http:// Commission in the Public Reference www.ferc.gov using the ‘‘FERRIS’’ link. www.ferc.gov using the ‘‘FERRIS’’ link. Room or may be viewed on the Enter the docket number excluding the Enter the docket number excluding the Commission’s Web site at http:// last three digits in the docket number last three digits in the docket number www.ferc.gov using the ‘‘FERRIS’’ link. field to access the document. For field to access the document. For Enter the docket number excluding the assistance, please contact FERC Online assistance, please contact FERC Online last three digits in the docket number Support at Support at field to access the document. For [email protected] or toll- [email protected] or toll- assistance, please contact FERC Online free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact Support at (202) 502–8659. The Commission (202) 502–8659. The Commission [email protected] or toll- strongly encourages electronic filings. strongly encourages electronic filings. free at (866) 208–3676, or TTY, contact See 18 CFR 385.2001(a)(1)(iii) and the See 18 CFR 385.2001(a)(1)(iii) and the (202) 502–8659. The Commission instructions on the Commission’s Web instructions on the Commission’s Web strongly encourages electronic filings. site under the ‘‘e-Filing’’ link. site under the ‘‘e-Filing’’ link.

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Comment Date: April 14, 2003. www.ferc.gov using the ‘‘FERRIS’’ link. [email protected] or toll- Enter the docket number excluding the free at (866) 208–3676, or TTY, contact Magalie R. Salas, last three digits in the docket number (202) 502–8659. The Commission Secretary. field to access the document. For strongly encourages electronic filings. [FR Doc. 03–8783 Filed 4–9–03; 8:45 am] assistance, please contact FERC Online See 18 CFR 385.2001(a)(1)(iii) and the BILLING CODE 6717–01–P Support at instructions on the Commission’s Web [email protected] or toll- site under the ‘‘e-Filing’’ link. free at (866) 208–3676, or TTY, contact Comment Date: April 14, 2003. DEPARTMENT OF ENERGY (202) 502–8659. The Commission Magalie R. Salas, strongly encourages electronic filings. Federal Energy Regulatory Secretary. Commission See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web [FR Doc. 03–8789 Filed 4–9–03; 8:45 am] [Docket No. RP03–324–000] site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P Comment Date: April 14, 2003. Southern Star Central Gas Pipeline, Inc.; Notice of Tariff Filing Magalie R. Salas, DEPARTMENT OF ENERGY Secretary. April 3, 2003. [FR Doc. 03–8780 Filed 4–9–03; 8:45 am] Federal Energy Regulatory Take notice that on March 31, 2003, BILLING CODE 6717–01–P Commission Southern Star Central Gas Pipeline, Inc. [Docket No. RP03–321–000] (Southern Star) tendered for filing as part of its FERC Gas Tariff, Original DEPARTMENT OF ENERGY Trailblazer Pipeline Company; Notice Volume No.1, Original Sheet No. 0 of Proposed Changes in FERC Gas through Original Sheet No. 514, to Federal Energy Regulatory Tariff become effective April 30, 2003. Commission Southern Star states that the purpose April 3, 2003. [Docket No. RP96–312–119] of this filing is to restate Southern Star’s Take notice that on March 31, 2003, FERC Gas Tariff, Original Volume No. 1 Tennessee Gas Pipeline Company; Trailblazer Pipeline Company to reflect its name change to Southern Notice of Negotiated Rate Tariff Filing (Trailblazer) tendered for filing to Star Central Gas Pipeline, LLC rather become part of its FERC Gas Tariff, than Williams Gas Pipelines Central, April 3, 2003. Third Revised Volume No. 1 (Tariff), Inc. as currently on file with the Take notice that on March 31, 2003, First Revised Sheet No. 8, to be effective Commission. Southern Star states that Tennessee Gas Pipeline Company May 1, 2003. the instant filing reflects the change to (Tennessee), tendered for filing its Trailblazer states that the purpose of Southern Star, the repagination of tariff Negotiated Rate Tariff Filing. this filing is to make a periodic sheets and minor modifications to the Tennessee requests that the adjustment under Section 41 of the text of various tariff sheets to reflect the Commission approve a March 17, 2003, General Terms and Conditions of its repagination. Southern Star also states negotiated rate arrangement between Tariff which revises the level of the that the instant filing makes no changes Tennessee and Kerr McGee Corporation. Expansion Fuel Adjustment Percentage to the Rates, Rate Schedules, General Tennessee requests that the Commission in Trailblazer’s Tariff. Terms and Conditions or Form of grant such approval effective May 1, Trailblazer states that copies of the Service Agreements. 2003. filing are being mailed to its customers Southern Star further states that Any person desiring to be heard or to and interested state commissions. copies of the transmittal letter and protest said filing should file a motion Any person desiring to be heard or to appendices (excluding Appendix C) are to intervene or a protest with the protest said filing should file a motion being mailed to Southern Star’s Federal Energy Regulatory Commission, to intervene or a protest with the jurisdictional customers and interested 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, state commissions. 20426, in accordance with sections 888 First Street, NE., Washington, DC Any person desiring to be heard or to 385.314 or 385.211 of the Commission’s 20426, in accordance with Sections protest said filing should file a motion rules and regulations. All such motions 385.314 or 385.211 of the Commission’s to intervene or a protest with the or protests must be filed in accordance Rules and Regulations. All such motions Federal Energy Regulatory Commission, with section 154.210 of the or protests must be filed in accordance 888 First Street, NE., Washington, DC Commission’s regulations. Protests will with Section 154.210 of the 20426, in accordance with Sections be considered by the Commission in Commission’s Regulations. Protests will 385.314 or 385.211 of the Commission’s determining the appropriate action to be be considered by the Commission in Rules and Regulations. All such motions taken, but will not serve to make determining the appropriate action to be or protests must be filed in accordance protestants parties to the proceedings. taken, but will not serve to make with Section 154.210 of the Any person wishing to become a party protestants parties to the proceedings. Commission’s Regulations. Protests will must file a motion to intervene. This Any person wishing to become a party be considered by the Commission in filing is available for review at the must file a motion to intervene. This determining the appropriate action to be Commission in the Public Reference filing is available for review at the taken, but will not serve to make Room or may be viewed on the Commission in the Public Reference protestants parties to the proceedings. Commission’s Web site at http:// Room or may be viewed on the Any person wishing to become a party www.ferc.gov using the ‘‘FERRIS’’ link. Commission’s Web site at http:// must file a motion to intervene. This Enter the docket number excluding the www.ferc.gov using the ‘‘FERRIS’’ link. filing is available for review at the last three digits in the docket number Enter the docket number excluding the Commission in the Public Reference field to access the document. For last three digits in the docket number Room or may be viewed on the assistance, please contact FERC Online field to access the document. For Commission’s Web site at http:// Support at assistance, please contact FERC Online

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Support at link. Enter the docket number excluding service date of Phase I of the Momentum [email protected] or toll- the last three digits in the docket Expansion Project. free at (866) 208–3676, or TTY, contact number field to access the document. Transco states that copies of the filing (202) 502–8659. The Commission For assistance, please contact FERC are being mailed to its affected strongly encourages electronic filings. Online Support at customers and interested State See 18 CFR 385.2001(a)(1)(iii) and the [email protected] or toll- Commissions. instructions on the Commission’s Web free at (866) 208–3676, or TTY, contact Any person desiring to be heard or to site under the ‘‘e-Filing’’ link. (202) 502–8659. The Commission protest said filing should file a motion Comment Date: April 14, 2003. strongly encourages electronic filings. to intervene or a protest with the See 18 CFR 385.2001(a)(1)(iii) and the Federal Energy Regulatory Commission, Magalie R. Salas, instructions on the Commission’s Web 888 First Street, NE., Washington, DC Secretary. site under the ‘‘e-Filing’’ link. 20426, in accordance with sections [FR Doc. 03–8777 Filed 4–9–03; 8:45 am] Protest Date: April 14, 2003. 385.314 or 385.211 of the Commission’s BILLING CODE 6717–01–P rules and regulations. All such motions Magalie R. Salas, or protests must be filed in accordance Secretary. with section 154.210 of the DEPARTMENT OF ENERGY [FR Doc. 03–8792 Filed 4–9–03; 8:45 am] Commission’s regulations. Protests will BILLING CODE 6717–01–P Federal Energy Regulatory be considered by the Commission in Commission determining the appropriate action to be taken, but will not serve to make [Docket No. RP97–255–058] DEPARTMENT OF ENERGY protestants parties to the proceedings. Any person wishing to become a party Federal Energy Regulatory TransColorado Gas Transmission must file a motion to intervene. This Commission Company; Notice of Compliance Filing filing is available for review at the April 3, 2003. Commission in the Public Reference [Docket No. RP96–359–014] Take notice that on March 31, 2003, Room or may be viewed on the Commission’s Web site at http:// TransColorado Gas Transmission Transcontinental Gas Pipe Line www.ferc.gov using the ‘‘FERRIS’’ link. Company (TransColorado) tendered for Corporation; Notice of Negotiated Enter the docket number excluding the filing as part of its FERC Gas Tariff, First Rates Revised Volume No. 1, Second Revised last three digits in the docket number Sheet No. 21, First Revised Sheet No. 22 April 3, 2003. field to access the document. For and Second Revised Sheet No. 22A, to Take notice that on March 31, 2003, assistance, please contact FERC Online be effective April 1, 2003. Transcontinental Gas Pipe Line Support at TransColorado states that the filing is Corporation (Transco) tendered for [email protected] or toll- being made in compliance with the filing executed service agreements that free at (866) 208–3676, or TTY, contact Commission’s letter order issued March contain negotiated rates under Transco’s (202) 502–8659. The Commission 20, 1997, in Docket No. RP97–255–000. Rate Schedule FT between Transco and strongly encourages electronic filings. TransColorado states that the the following Customers: Cardinal FG See 18 CFR 385.2001(a)(1)(iii) and the tendered tariff sheets propose to revise Company; Cargill Inc.; Chattahoochee instructions on the Commission’s Web TransColorado’s Tariff to reflect an EMC (successor to Oglethorpe Power site under the ‘‘e-Filing’’ link. amended negotiated-rate contract with Corporation under the Precedent Comment Date: April 14, 2003. ChevronTexaco Natural Gas, a division Agreement); City of Buford, Georgia; Magalie R. Salas, of Chevron USA, Inc. City of Covington, Georgia; City of Secretary. TransColorado further states that a Elberton, Georgia; City of Lawrenceville, [FR Doc. 03–8790 Filed 4–9–03; 8:45 am] copy of this filing has been served upon Georgia; City of Madison, Georgia; City BILLING CODE 6717–01–P all parties to this proceeding, of Sugar Hill, Georgia; City of Winder, TransColorado’s customers, the Georgia; Clinton-Newberry Natural Gas Colorado Public Utilities Commission Authority; Exelon Generation Company, DEPARTMENT OF ENERGY and the New Mexico Public Utilities LLC; Fort Hill Natural Gas Authority; Commission. Progress Ventures (successor to Carolina Federal Energy Regulatory Any person desiring to protest said Power & Light Company under the Commission filing should file a protest with the Precedent Agreement); and Sylacauga [Docket No. RP03–323–000] Federal Energy Regulatory Commission, Utilities Board. 888 First Street, NE., Washington, DC Transco states that the purpose of the Williston Basin Interstate Pipeline 20426, in accordance with section instant filing is to comply with Company; Notice of Proposed 385.211 of the Commission’s rules and requirements specified in the Changes in FERC Gas Tariff regulations. All such protests must be Commission’s Order issued February 14, filed in accordance with section 154.210 2002, ‘‘Order Issuing Certificate,’’ which April 3, 2003. of the Commission’s regulations. required Transco, among other things, to Take notice that on March 31, 2003, Protests will be considered by the file 30 to 60 days prior to the Williston Basin Interstate Pipeline Commission in determining the commencement of service of the Company (Williston Basin or Company), appropriate action to be taken, but will Momentum Expansion Project, the tendered for filing as part of its FERC not serve to make protestants parties to negotiated rate agreements or tariff Gas Tariff, Second Revised Volume No. the proceedings. This filing is available sheets reflecting the essential elements 1, the revised tariff sheets listed on for review at the Commission in the of its negotiated rate agreements. Appendix A to the filing, with a Public Reference Room or may be Transco states that the effective date of proposed effective date of May 1, 2003. viewed on the Commission’s Web site at these negotiated rate transactions is May Williston Basin states that the revised http://www.ferc.gov using the ‘‘FERRIS’’ 1, 2003, which is the anticipated in- tariff sheets will give Williston Basin

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the ability to negotiate rates as provided 1. Baltimore Gas and Electric Company 3. Nevada Power Company in the Commission’s January 31, 1996 [Docket No. ER99–2948–002] [Docket No. ER03–340–001] Statement of Policy in Docket Nos. Take notice that on March 25, 2003, RM95–6–000 and RM96–7–000. Constellation Power Source Generation, Inc. Nevada Power Company (Nevada Any person desiring to be heard or to Power) tendered for filing with the protest said filing should file a motion [Docket No. ER00–2918–002] Federal Energy Regulatory Commission to intervene or a protest with the Calvert Cliffs Nuclear Power Plant, Inc. (Commission) in accordance with 18 Federal Energy Regulatory Commission, CFR part 35 of the Commission’s Rules 888 First Street, NE., Washington, DC [Docket No. ER00–2917–002] and Regulations, a Notice of 20426, in accordance with Sections Constellation Power Source, Inc. Cancellation of Service Agreement No. 101, Long-Term Firm Point-to-Point 385.314 or 385.211 of the Commission’s [Docket No. ER00–607–002] Rules and Regulations. All such motions Transmission Service between Nevada or protests must be filed in accordance Oleander Power Project, Limited Power Company and Reliant Energy with Section 154.210 of the Partnership Services, Inc. Nevada Power has requested an effective date for the Commission’s Regulations. Protests will [Docket No. ER00–3240–001] be considered by the Commission in cancellation of September 17, 2002. Nevada Power states that this Notice determining the appropriate action to be Holland Energy, LLC of Cancellation is filed pursuant to the taken, but will not serve to make [Docket No. ER01–558–001] Commission’s February 21, 2003 order protestants parties to the proceedings. University Park Energy, LLC in Docket No. ER03–340–000, and Any person wishing to become a party [Docket No. ER01–557–001] appropriate to Service Agreement No. must file a motion to intervene. This 101 and the termination notice given by filing is available for review at the Wolf Hills Energy, LLC Reliant Energy Services, Inc. Nevada Commission in the Public Reference [Docket No. ER01–559–001] Power also states that copies of the Room or may be viewed on the filing were served upon Reliant Energy Commission’s Web site at http:// Big Sandy Peaker Plant, LLC Services, Inc., and the Public Utilities www.ferc.gov using the ‘‘FERRIS’’ link. [Docket No. ER01–560–001] Commission of Nevada. Enter the docket number excluding the Comment Date: April 15, 2003. last three digits in the docket number Handsome Lake Energy, LLC 4. Nevada Power Company field to access the document. For [Docket No. ER01–556–001] assistance, please contact FERC Online [Docket No. ER03–340–002] Nine Mile Point Nuclear Station, LLC Support at Take notice that on March 25, 2003, [email protected] or toll- [Docket No. ER01–1654–002] Nevada Power Company (Nevada Power) tendered for filing with the free at (866) 208–3676, or TTY, contact High Desert Power Project, LLC (202) 502–8659. The Commission Federal Energy Regulatory Commission strongly encourages electronic filings. [Docket No. ER01–2641–002] (Commission) in accordance with 18 CFR part 35 of the Commission’s Rules See 18 CFR 385.2001(a)(1)(iii) and the Constellation New Energy, Inc. instructions on the Commission’s Web and Regulations, a Notice of [Docket No. ER02–2567–002] site under the ‘‘e-Filing’’ link. Cancellation of Service Agreement No. Constellation Power Source Maine, LLC 100, Long-Term Firm Point-to-Point Comment Date: April 14, 2003. Transmission Service between Nevada [Docket No. ER02–699–001] Magalie R. Salas, Power Company and Pinnacle West Energy Corporation. Nevada Power has Secretary. Power Provider LLC requested an effective date for the [FR Doc. 03–8779 Filed 4–9–03; 8:45 am] [Docket No. ER01–1949–002] cancellation of September 17, 2002. BILLING CODE 6717–01–P Take notice that on March 28, 2003, Nevada Power states that this Notice the above-referenced entities, of Cancellation is filed pursuant to the collectively the ‘‘Constellation Entities,’’ Commission’s February 21, 2003 Order DEPARTMENT OF ENERGY submitted for filing with the Federal in Docket No. ER03–340–000, and Energy Regulatory Commission appropriate to Service Agreement No. Federal Energy Regulatory (Commission) a triennial market power 100 and the termination notice given by Commission update pursuant to the Commission Pinnacle West Energy Corporation. orders granting them market-based rate Nevada Power also states that copies of [Docket No. ER992948–002, et al.] authorizations. the filing were served upon Pinnacle Comment Date: April 18, 2003. West Energy Corporation and the Public Baltimore Gas and Electric Company, 2. Bayswater Peaking Facility, LLC Utilities Commission of Nevada. et al.; Electric Rate and Corporate Comment Date: April 15, 2003. Filings [Docket No. ER02–669–001] 5. Midwest Independent Transmission Take notice that on March 28, 2003, System Operator, Inc. April 2, 2003. Bayswater Peaking Facility, LLC The following filings have been made (Bayswater), with its principal office at [Docket Nos. ER03–402–002] with the Commission. The filings are 700 Universe Blvd., Juno Beach, Florida Take notice that on March 28, 2003, listed in ascending order within each 33408, filed with the Federal Energy the Midwest Independent Transmission docket classification. Regulatory Commission (the System Operator, Inc. (Midwest ISO) Commission) a Change of Status tendered for filing proposed revisions to regarding its Market-based Rate the Midwest ISO Open Access application. Transmission Tariff, FERC Electric Comment Date: April 18, 2003. Tariff, Second Revised Volume No. 1, in

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compliance with the Commission’s Electric Power Cooperative, Inc. Resources). SPP seeks an effective date Order in Midwest Independent (KEPCO). SPP seeks an effective date of of March 1, 2003 for this service Transmission System Operator Inc., 102 March 1, 2003 for these agreements. SPP agreement. ¿ FERC 61,210 (2003). The Midwest ISO states that the parties have agreed to all SPP states that Western Resources has requested an effective date of March the terms and conditions for the was served with a copy of this filing. 1, 2003 consistent with the underlying service, and SPP will submit Commission’s Order on compliance. executed signature pages to the Comment Date: April 18, 2003. The Midwest ISO states that it has Commission when obtained. Standard Paragraph electronically served a copy of this SPP states that KEPCO and Western filing, without attachments, upon all Resources, the host transmission owner, Any person desiring to intervene or to Midwest ISO Members, Member were served with a copy of this filing. protest this filing should file with the representatives of Transmission Owners Comment Date: April 18, 2003. Federal Energy Regulatory Commission, and Non-Transmission Owners, the 888 First Street, NE., Washington, DC 9. New York State Electric & Gas Midwest ISO Advisory Committee 20426, in accordance with Rules 211 Corporation participants, Policy Subcommittee and 214 of the Commission’s Rules of participants, as well as all state [Docket Nos. ER03–669–000] Practice and Procedure (18 CFR 385.211 commissions within the region. In Take notice that on March 28, 2003, and 385.214). Protests will be addition, Midwest ISO states that the New York State Electric & Gas considered by the Commission in filing has been electronically posted on Corporation (NYSEG) tendered for filing determining the appropriate action to be the Midwest ISO’s Web site at with the Federal Energy Regulatory taken, but will not serve to make www.midwestiso.org under the heading Commission (Commission) an executed protestants parties to the proceeding. ‘‘Filings to FERC’’ for other interested Interconnection Agreement between Any person wishing to become a party parties in this matter. The Midwest ISO NYSEG and Innovative Energy Systems, must file a motion to intervene. All such will provide hard copies to any Inc. (Innovative) that sets forth the terms motions or protests should be filed on interested parties upon request. and conditions governing the or before the comment date, and, to the Comment Date: April 18, 2003. interconnection between Innovative’s extent applicable, must be served on the applicant and on any other person 6. Jamaica Bay Peaking Facility, LLC generating facility in Seneca County, New York and NYSEG’s transmission designated on the official service list. [Docket No. ER03–623–001] system. This filing is available for review at the Take notice that on March 28, 2003, NYSEG states that copies of this filing Commission or may be viewed on the Jamaica Bay Peaking Facility, LLC have been served upon Innovative, the Commission’s Web site at http:// (Jamaica Bay) tendered for filing an New York State Public Service www.ferc.gov , using the ‘‘FERRIS’’ link. amendment to its application for Commission, and the New York Enter the docket number excluding the authorization to sell wholesale power at Independent System Operator, Inc. last three digits in the docket number market-based rates, and certain ancillary Comment Date: April 18, 2003. field to access the document. For services at market-based rates into the assistance, please contact FERC Online 10. New York State Electric & Gas New York market. Support at Corporation Jamaica Bay states that copies of this [email protected] or toll- filing have been served on the New York [Docket Nos. ER03–670–000] free at (866)208–3676, or for TTY, State Public Service Commission, the Take notice that on March 28, 2003, contact (202)502–8659. Protests and Long Island Power Authority, and the New York State Electric & Gas interventions may be filed electronically Florida Public Service Commission. Corporation (NYSEG) tendered for filing via the Internet in lieu of paper; see 18 Comment Date: April 18, 2003. with the Federal Energy Regulatory CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web 7. Entergy Services, Inc. Commission (Commission) an executed Interconnection Agreement between site under the ‘‘e-Filing’’ link. The [Docket No. ER03–667–000] NYSEG and Seneca Energy II, LLC Commission strongly encourages Take notice that on March 28, 2003, (Seneca), that sets forth the terms and electronic filings. Entergy Services, Inc. (Entergy), on conditions governing the Magalie R. Salas, behalf of Entergy Arkansas, Inc. (Entergy interconnection between the Seneca Secretary. Arkansas), tendered for filing with the 11.2 MW generating plant and [FR Doc. 03–8763 Filed 4–9–03; 8:45 am] Federal Energy Regulatory Commission appurtenant facilities located in Seneca BILLING CODE 6717–01–P (Commission) a Notice of Termination County, NY (the Plant) and NYSEG’s of the Interconnection and Operating transmission system. Agreement and Generator Imbalance NYSEG states that copies of this filing DEPARTMENT OF ENERGY Agreement between Entergy Arkansas have been served upon Seneca, the New and AES River Mountain L.P. York State Public Service Commission, Federal Energy Regulatory Comment Date: April 18, 2003. and the New York Independent System Commission Operator, Inc. 8. Southwest Power Pool, Inc. Comment Date: April 18, 2003. [Docket No. EG03–53–000, et al.] [Docket No. ER03–668–000] 11. Southwest Power Pool, Inc. Take notice that on March 28, 2003, Reliant Energy Bighorn, LLC, et al.; Southwest Power Pool, Inc. (SPP) [Docket No. ER03–671–000] Electric Rate and Corporate Filings submitted for filing with the Federal Take notice that on March 28, 2003, Energy Regulatory Commission Southwest Power Pool, Inc. (SPP) March 31, 2003. (Commission) an unexecuted Network submitted for filing an executed service The following filings have been made Integration Transmission Service agreement for Firm Point-to-Point with the Commission. The filings are Agreement and an unexecuted Network Transmission Service with Western listed in ascending order within each Operating Agreement with Kansas Resources d.b.a. Westar Energy (Western docket classification.

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1. Reliant Energy Bighorn, LLC amendments are intended to implement revised tariff sheets to the unexecuted [Docket No. EG03–53–000] a Settlement Agreement also filed by wholesale distribution service AEP on March 27, 2003. agreements of SCE. Take notice that on March 27, 2003, AEP requests an effective date of Reliant Energy Bighorn, LLC (Reliant Comment Date: April 10, 2003. January 1, 2002. AEP states that copies Bighorn) tendered for filing with the of the AEP Companies’ filing were 8. Jersey Central Power & Light Federal Energy Regulatory Commission served upon the parties to Docket No. Company (Commission) an application for ER02–913–000 and State Commissions. [Docket No. ER03–650–001] determination of exempt wholesale Comment Date: April 17, 2003. generator status pursuant to section Take notice that on March 27, 2003, 32(a)(1) of the Public Utility Holding 4. Southwestern Electric Power Jersey Central Power & Light Company Company Act (PUHCA). Company (Jersey Central) tendered for filing an Comment Date: April 17, 2003. [Docket No. ER02–2313–001] amendment to the Interconnection Agreement between Jersey Central and 2. Midwest Independent Transmission Take notice that on March 27, 2003, Atlantic City Electric Company (Atlantic [Docket Nos. ER02–111–007 and ER02–652– Southwestern Electric Power Company City), which corrects the effective date 004] (SWEPCO) submitted for filing, in listed on the agreement. compliance with the requirements of the Take notice that on March 26, 2003, Jersey Central states that a copy of this the Midwest Independent Transmission Commission’s February 25, 2003, Letter Order in Docket No. ER02–2313–000, filing has been served upon the service System Operator, Inc. (Midwest ISO) list maintained by the Secretary for this submitted for filing proposed revisions revised sheets to its First Revised FERC Rate Schedule No. 72. proceeding, the New Jersey Board of to Schedule 10 (ISO Cost Recovery Public Utilities and Atlantic City. Adder) and Schedule 10-A (Alternative SWEPCO states that a copy of this Comment Date: April 15, 2003. Administrative Cost Adder) of the filing has been served on each person Midwest ISO Open Access designated on the official service list 9. Kansas Gas & Electric Company compiled by the Secretary in this Transmission Tariff (OATT), FERC [Docket ER03–652–000] Electric Tariff, Second Revised Volume proceeding. No. 1, pursuant to Order of the Federal Comment Date: April 17, 2003. Take notice that on March 27, 2003, Energy Regulatory Commission, 5. ISO New England Inc. Kansas Gas & Electric Company (KGE) Midwest Independent Transmission (d/b/a Westar Energy) tendered for filing [Docket No. ER02–2330–012] System Operator Inc., 102 FERC a change in its Federal Power ¶ 61,193. Take notice that on March 25, 2003, Commission Electric Service Tariff No. Pursuant to the Settlement reached in ISO New England Inc., (the ISO) 93. KGE states that the change is to these proceedings, the Midwest ISO tendered an Errata Filing to correct a reflect the amount of transmission requests an effective date of March 1, Compliance Report filed on March 20, capacity requirements required by 2003. 2003. The ISO states that copies of the Westar Energy, Inc., (WE) under Service The Midwest ISO has requested Errata Filing have been served upon the Schedule M to FPC Rate Schedule No. waiver of the service requirements set parties in Docket No. ER02–2330–012. 93 for the period from June 1, 2003 forth in 18 CFR 385.2010. The Midwest Comment Date: April 10, 2003. through May 31, 2004. KGE requests an ISO states it has electronically served a 6. Southern Company Services, Inc. effective date of June 1, 2003. copy of this filing, with attachments, KGE states that notice of the filing has upon all Midwest ISO Members, [Docket No. ER03–379–001] been served upon the Kansas Member representatives of Transmission Take notice that on March 27, 2003, Corporation Commission. Owners and Non-Transmission Owners, Southern Company Services, Inc. (SCS), Comment Date: April 17, 2003. the Midwest ISO Advisory Committee acting on behalf of Alabama Power participants, Policy Subcommittee Company, Georgia Power Company, 10. LMP Capital, LLC participants, as well as all state Gulf Power Company, Mississippi [Docket No. ER03–653–000] commissions within the region. In Power Company, and Savannah Electric addition, Midwest ISO states that the and Power Company (collectively, Take notice that on March 27, 2003, filing has been electronically posted on Southern Companies), resubmitted First LMP Capital, LLC (LMP Capital) the Midwest ISO’s Web site at http:// Revised Service Agreement No. 451 for petitioned the Federal Energy www.midwestiso.org under the heading long-term firm point-to-point Regulatory Commission (Commission) ‘‘Filings to FERC’’ for other interested transmission service under the Open for acceptance of LMP Capital’s Rate parties in this matter. Access Transmission Tariff of Southern Schedule FERC No. 1; the granting of Comment Date: April 16, 2003. Companies (FERC Electric Tariff, Fourth certain blanket approvals, including the Revised Volume No. 5) (Tariff) in authority to sell electricity at market- 3. American Electric Power Service compliance with the Commission’s based rates; and the waiver of certain Corporation Order in this proceeding dated February Commission regulations. [Docket No. ER02–913–002] 25, 2003. LMP Capital intends to engage in Take notice that on March 27, 2003, Comment Date: April 17, 2003. wholesale electric power and energy purchases and sales as a marketer. LMP the American Electric Power Service 7. Southern California Edison Company Corporation, on behalf of the operating Capital states that it is not in the companies of the American Electric [Docket No. ER03–549–001] business of generating or transmitting Power System (collectively AEP) filed Take notice that on March 27, 2003, electric power. LMP Capital states that proposed amendments to the Network Southern California Edison Company it is an independent electricity marketer Integration Transmission Service (SCE) tendered for filing with the with a sole purpose of buying and Agreement originally filed in Docket No. Federal Energy Regulatory Commission selling electricity in the wholesale ER02–913–000 on January 30, 2002. (Commission) an amendment to its electricity market. AEP states that the proposed February 20, 2003 filing by submitting Comment Date: April 17, 2003.

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11. DB Energy Trading LLC 14. American Electric Power Service Commission or may be viewed on the Corporation Commission’s Web site at http:// [Docket No. ER03–657–000] [Docket No. ER03–660–000] www.ferc.gov , using the ‘‘FERRIS’’ link. Take notice that on March 27, 2003, Enter the docket number excluding the Take notice that on March 27, 2003, DB Energy Trading LLC (DB Energy) last three digits in the docket number the American Electric Power Service tendered for filing an application for an field to access the document. For Corporation (AEPSC) tendered for filing assistance, please contact FERC Online order accepting its rate schedule to an executed Interconnection and Support at permit sales of power and capacity at Operation Agreement between Ohio [email protected] or toll- market-based rates and granting certain Power Company and Lawrence Energy free at (866)208–3676, or for TTY, waivers and blanket approvals. DB Center LLC (First Revision to Service contact (202) 502–8659. Protests and Energy requests waiver of the 60-day Agreement 516). AEPSC states that the interventions may be filed electronically prior notice rule and requests that its agreement is pursuant to the AEP via the Internet in lieu of paper; see 18 rate schedule become effective April 1, Companies’ Open Access Transmission CFR 385.2001(a)(1)(iii) and the 2003. Service Tariff (OATT) that has been instructions on the Commission’s Web designated as the Operating Companies Comment Date: April 17, 2003. site under the ‘‘e-Filing’’ link. The of the American Electric Power System Commission strongly encourages 12. Black Rock Group, LLC FERC Electric Tariff Third Revised electronic filings. [Docket No. ER03–658–000] Volume No. 6, effective July 31, 2001. AEP requests an effective date of May Magalie R. Salas, Take notice that on March 27, Black 25, 2003. Secretary. Rock Group, LLC (Black Rock) AEPSC states that a copy of the filing [FR Doc. 03–8762 Filed 4–9–03; 8:45 am] petitioned the Federal Energy was served upon Lawrence Energy BILLING CODE 6717–01–P Regulatory Commission (Commission) Center and the Public Utilities for acceptance of Black Rock Rate Commission of Ohio. Schedule FERC No. 1; the granting of Comment Date: April 17, 2003. DEPARTMENT OF ENERGY certain blanket approvals, including the 15. Indianapolis Power & Light authority to sell electricity at market- Federal Energy Regulatory Company based rates; and the waiver of certain Commission Commission regulations. [Docket No. ER03–661–000] Notice of Application Accepted for Black Rock states that it intends to Take notice that on March 27, 2003, Indianapolis Power & Light Company Filing and Soliciting Comments, engage in wholesale electric power and Protests, and Motions To Intervene energy purchases and sales as a (IPL), tendered for filing with the marketer. Black Rock states that it is not Federal Energy Regulatory Commission April 3, 2003. (Commission) the Modification to the in the business of generating or Take notice that the following Interconnection Agreement, dated transmitting electric power. Black Rock hydroelectric application has been filed December 2, 1968, between IPL and the also states that it is a limited liability with the Commission and is available Southern Indiana Gas & Electric for public inspection: company in Nebraska with no current Company (SIGECO) and the restated a. Type of Application: Preliminary affiliates or subsidiaries. Interconnection Agreement in Permit. Comment Date: April 17, 2003. conformance with Order No. 614. IPL requests an effective date for the b. Project No.: 12195–000 . 13. American Electric Power Service tendered Modification of sixty (60) days c. Date filed: June 10, 2002, as revised Corporation from the date of filing. IPL states that a February 4, 2003. [Docket No. ER03–659–000] copy of the filing was served upon d. Applicant: McCloud Hydro, LLC. SIGECO. e. Name and Location of Project: The Take notice that on March 27, 2003, Comment Date: April 17, 2003. McCloud Dam Project would be located the American Electric Power Service on an existing dam on the McCloud Corporation (AEPSC) tendered for filing Standard Paragraph River in Shasta County, California. The an executed Interconnection and Any person desiring to intervene or to existing dam is owned by Pacific Gas Operation Agreement between Ohio protest this filing should file with the and Electric (PG&E) and the project Power Company and Lawrence Energy Federal Energy Regulatory Commission, would be partially located on lands Center LLC (First Revision to Service 888 First Street, NE., Washington, DC administered by PG&E. The Applicant Agreement 433). AEPSC states that the 20426, in accordance with Rules 211 states that the proposed project would agreement is pursuant to the AEP and 214 of the Commission’s Rules of not involve the physical alteration to Companies’ Open Access Transmission Practice and Procedure (18 CFR 385.211 PG&E’s McCloud-Pitt Hydroelectric Service Tariff (OATT) that has been and 385.214). Protests will be Project No. 2106. designated as the Operating Companies considered by the Commission in f. Filed Pursuant to: Federal Power of the American Electric Power System determining the appropriate action to be Act, 16 U.S.C. 791a–825r. FERC Electric Tariff Third Revised taken, but will not serve to make g. Applicant contact: Mr. Brent L. Volume No. 6, effective July 31, 2001. protestants parties to the proceeding. Smith, President, Northwest Power AEPSC requests an effective date of May Any person wishing to become a party Services, Inc., P.O. Box 535, Rigby, ID 25, 2003. must file a motion to intervene. All such 83442, (208) 745–0834. motions or protests should be filed on h. FERC Contact: Tom Papsidero, AEPSC states that a copy of the filing or before the comment date, and, to the (202) 502–6002. was served upon Lawrence Energy extent applicable, must be served on the i. Deadline for filing comments, Center and the Public Utilities applicant and on any other person protests, and motions to intervene: 60 Commission of Ohio. designated on the official service list. days from the issuance date of this Comment Date: April 17, 2003. This filing is available for review at the notice.

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The Commission’s Rules of Practice competing development application or a 20426. An additional copy must be sent and Procedure require all interveners notice of intent to file such an to Director, Division of Hydropower filing documents with the Commission application. Submission of a timely Administration and Compliance, to serve a copy of that document on notice of intent to file a development Federal Energy Regulatory Commission, each person in the official service list application allows an interested person at the above-mentioned address. A copy for the project. Further, if an intervener to file the competing application no of any notice of intent, competing files comments or documents with the later than 120 days after the specified application or motion to intervene must Commission relating to the merits of an comment date for the particular also be served upon each representative issue that may affect the responsibilities application. A competing license of the Applicant specified in the of a particular resource agency, they application must conform with 18 CFR particular application. must also serve a copy of the document 4.30(b) and 4.36. Comments, protests, and on that resource agency. n. Notice of Intent: A notice of intent interventions may be filed electronically j. Description of Project: The proposed must specify the exact name, business via the Internet in lieu of paper; see 18 project would include: (1) The existing address, and telephone number of the CFR 385.2001(a)(1)(iii) and the McCloud Reservoir, impounded by an prospective applicant, and must include instructions on the Commission’s Web existing 660-foot-long, 240-foot-high an unequivocal statement of intent to site under the ‘‘e-Filing’’ link. The earthfill dam, having a surface area of submit, if such an application may be Commission strongly encourages 520 acres and a storage capacity of filed, either a preliminary permit electronic filings. 35,300 acre-feet at normal maximum application or a development r. Agency Comments: Federal, state, water surface elevation 2,680 feet msl, application (specify which type of and local agencies are invited to file (2) a proposed powerhouse with a total application). A notice of intent must be comments on the described application. installed capacity of 3.5 megawatts, (3) served on the applicant(s) named in this A copy of the application may be a proposed 400-foot-long, 4.5-foot- public notice. obtained by agencies directly from the diameter penstock, (4) a proposed 6- o. Proposed Scope of Studies under Applicant. If an agency does not file mile-long, 15 kv transmission line, and Permit: A preliminary permit, if issued, comments within the time specified for (5) appurtenant facilities. The project does not authorize construction. The filing comments, it will be presumed to would operate in a run-of-river mode term of the proposed preliminary permit have no comments. One copy of an and would have an average annual would be 36 months. The work agency’s comments must also be sent to generation of 23 GWh. proposed under the preliminary permit the Applicant’s representatives. k. This filing is available for review at would include economic analysis, the Commission in the Public Reference preparation of preliminary engineering Magalie R. Salas, Room or may be viewed on the plans, and a study of environmental Secretary. Commission’s Web site at http:// impacts. Based on the results of these [FR Doc. 03–8764 Filed 4–9–03; 8:45 am] www.ferc.gov using the ‘‘FERRIS’’ link. studies, the Applicant would decide BILLING CODE 6717–01–P Enter the docket number excluding the whether to proceed with the preparation last three digits in the docket number of a development application to field to access the document. For construct and operate the project. DEPARTMENT OF ENERGY assistance, contact FERC Online p. Comments, Protests, or Motions to Support at Intervene: Anyone may submit Federal Energy Regulatory [email protected] or toll- comments, a protest, or a motion to Commission free at (866) 208–3676, or for TTY, intervene in accordance with the contact (202) 502–8659. A copy is also requirements of Rules of Practice and Notice of Application Accepted for available for inspection and Procedure, 18 CFR 385.210, 385.211, Filing and Soliciting Comments, reproduction at the applicant’s address 385.214. In determining the appropriate Protests, and Motions To Intervene in item g above. action to take, the Commission will April 3, 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 for public inspection: competing application itself, or a notice party 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.: 12387–000. specified comment date for the comment date for the particular c. Date filed: October 7, 2002. particular application (see 18 CFR 4.36). application. d. Applicant: Dierks Hydro, LLC. Submission of a timely notice of intent q. Filing and Service of Responsive e. Name and Location of Project: The allows an interested person to file the Documents: Any filings must bear in all Dierks Dam Project would be located on competing preliminary permit capital letters the title ‘‘COMMENTS’’, the Saline River in Sevier County, application no later than 30 days after ‘‘NOTICE OF INTENT TO FILE Arkansas. The proposed project would the specified comment date for the COMPETING APPLICATION’’, be located on an existing dam particular application. A competing ‘‘COMPETING APPLICATION’’, administered by the U.S. Corps of preliminary permit application must ‘‘PROTEST’’, or ‘‘MOTION TO Engineers (Corps). 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. 91a—825r. Application: Any qualified development application to which the filing refers. g. Applicant contact: Mr. Brent L. applicant desiring to file a competing Any of the above-named documents Smith, Northwest Power Services, Inc., development application must submit to must be filed by providing an original PO Box 535, Rigby, ID 83442, (208) 745– the Commission, on or before a and eight copies to: The Secretary, 0834. specified comment date for the Federal Energy Regulatory Commission, h. FERC Contact: Tom Papsidero, particular application, either a 888 First Street, NE., Washington, DC (202) 502–6002.

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i. Deadline for filing comments, particular application, either a 888 First Street, NE., Washington, DC protests, and motions to intervene: 60 competing development application or a 20426. An additional copy must be sent days from the issuance date of this notice of intent to file such an to Director, Division of Hydropower notice. application. Submission of a timely Administration and Compliance, The Commission’s Rules of Practice notice of intent to file a development Federal Energy Regulatory Commission, and Procedure require all interveners application allows an interested person at the above-mentioned address. A copy filing documents with the Commission to file the competing application no of any notice of intent, competing to serve a copy of that document on later than 120 days after the specified application or motion to intervene must each person in the official service list comment date for the particular also be served upon each representative for the project. Further, if an intervener application. A competing license of the Applicant specified in the files comments or documents with the application must conform with 18 CFR particular application. Commission relating to the merits of an 4.30(b) and 4.36. Comments, protests and interventions issue that may affect the responsibilities n. Notice of Intent—A notice of intent may be filed electronically via the of a particular resource agency, they must specify the exact name, business Internet in lieu of paper; see 18 CFR must also serve a copy of the document address, and telephone number of the 385.2001(a)(1)(iii) and the instructions on that resource agency. prospective applicant, and must include on the Commission’s Web site under the j. Description of Project: The proposed an unequivocal statement of intent to ‘‘e-Filing’’ link. The Commission project would utilize the Corps’ existing submit, if such an application may be strongly encourages electronic filings. Dierks Dam and Reservoir and would filed, either a preliminary permit r. Agency Comments: Federal, state, consist of: (1) A proposed 200-foot-long, application or a development and local agencies are invited to file 6-foot-diameter steel penstock, (2) a application (specify which type of comments on the described application. proposed powerhouse containing one application). A notice of intent must be A copy of the application may be generating unit with an installed served on the applicant(s) named in this obtained by agencies directly from the capacity of 2 megawatts, (3) a proposed public notice. Applicant. If an agency does not file 5-mile-long, 25–kv transmission line, o. Proposed Scope of Studies under comments within the time specified for and (4) appurtenant facilities. The Permit—A preliminary permit, if issued, filing comments, it will be presumed to project would operate in a run-of-river does not authorize construction. The have no comments. One copy of an mode and would have an average term of the proposed preliminary permit agency’s comments must also be sent to annual generation of 18 GWh. would be 36 months. The work the Applicant’s representatives. k. This filing is available for review at proposed under the preliminary permit the Commission in the Public Reference would include economic analysis, Magalie R. Salas, Room or may be viewed on the preparation of preliminary engineering Secretary. Commission’s Web site at http:// plans, and a study of environmental [FR Doc. 03–8765 Filed 4–9–03; 8:45 am] www.ferc.gov using the ‘‘FERRIS’’ link. impacts. Based on the results of these BILLING CODE 6717–01–P Enter the docket number excluding the studies, the Applicant would decide last three digits in the docket number whether to proceed with the preparation field to access the document. For of a development application to DEPARTMENT OF ENERGY assistance, contact FERC Online construct and operate the project. Support at p. Comments, Protests, or Motions to Federal Energy Regulatory [email protected] or toll- Intervene—Anyone may submit Commission free at (866) 208–3676, or for TTY, comments, a protest, or a motion to contact (202) 502–8659. A copy is also intervene in accordance with the Notice of Application Accepted for available for inspection and requirements of Rules of Practice and Filing and Soliciting Comments, reproduction at Dierks Hydro, LLC, 975 Procedure, 18 CFR 385.210, .211, .214. Motions To Intervene, and Protests South State Highway, Logan, UT 84321, In determining the appropriate action to (435) 752–2580. take, the Commission will consider all April 3, 2003. l. Competing Preliminary Permit— protests or other comments filed, but Take notice that the following Anyone desiring to file a competing only those who file a motion to hydroelectric application has been filed application for preliminary permit for a intervene in accordance with the with the Commission and is available proposed project must submit the Commission’s Rules may become a for public inspection: competing application itself, or a notice party 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: 12441–000. specified comment date for the comment date for the particular c. Date Filed: February 6, 2003. 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 e. Name of Project: Mississippi L&D competing preliminary permit all capital letters the title #16 Hydroelectric Project. application no later than 30 days after ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT f. Location: The proposed project the specified comment date for the TO FILE COMPETING APPLICATION’’, would be located on an existing dam particular application. A competing ‘‘COMPETING APPLICATION’’, owned by the U.S. Army Corps of preliminary permit application must ‘‘PROTEST’’, or ‘‘MOTION TO Engineers (Corps), on the Mississippi conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the River in Rock Island County, Illinois. m. Competing Development Project Number of the particular g. Filed Pursuant to: Federal Power Application—Any qualified application to which the filing refers. Act, 16 U.S.C. 791a–825r. development applicant desiring to file a Any of the above-named documents h. Applicant Contact: Mr. Raymond competing development application must be filed by providing an original Helter, Universal Electric Power must submit to the Commission, on or and eight copies to: The Secretary, Corporation, 1145 Highbrook Street, before a specified comment date for the Federal Energy Regulatory Commission, Akron, OH 44301, (330) 535–7115.

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i. FERC Contact: Any questions on particular application, either a 888 First Street, NE., Washington, DC this notice should be addressed to Mr. competing development application or a 20426. An additional copy must be sent Lynn R. Miles, Sr. at (202) 502–8763. notice of intent to file such an to Director, Division of Hydropower j. Deadline for filing motions to application. Submission of a timely Administration and Compliance, intervene, protests and comments: 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 interventions for the project. Further, if an intervener o. Notice of Intent—A notice of intent may be filed electronically via the files comments or documents with the must specify the exact name, business Internet in lieu of paper; see 18 CFR Commission relating to the merits of an address, and telephone number of the 385.2001(a)(1)(iii) and the instructions issue that may affect the responsibilities prospective applicant, and must include on the Commission’s Web site under the of a particular resource agency, they an unequivocal statement of intent to ‘‘e-Filing’’ link. The Commission must also serve a copy of the document submit, if such an application may be strongly encourages electronic filings. on that resource agency. filed, either a preliminary permit s. Agency Comments: Federal, state, k. Description of Project: The application or a development and local agencies are invited to file proposed run-of-river project using the application (specify which type of comments on the described application. Corps’ existing dam would consist of: application). A notice of intent must be A copy of the application may be (1) Seven 9-foot-diameter, 80-foot-long served on the applicant(s) named in this obtained by agencies directly from the steel penstocks, (2) a powerhouse public notice. Applicant. If an agency does not file containing seven generating units with p. Proposed Scope of Studies under comments within the time specified for a total installed capacity of 14 MWs, (3) Permit—A preliminary permit, if issued, filing comments, it will be presumed to a 14.7–kv transmission line does not authorize construction. The have no comments. One copy of an approximately 1.5 miles long, and (4) term of the proposed preliminary permit agency’s comments must also be sent to appurtenant facilities. The project would be 36 months. The work the Applicant’s representatives. would have an annual generation of 86 proposed under the preliminary permit GWh. would include economic analysis, Magalie R. Salas, l. This filing is available for review at preparation of preliminary engineering Secretary. the Commission in the Public Reference plans, and a study of environmental [FR Doc. 03–8766 Filed 4–9–03; 8:45 am] Room or may be viewed on the impacts. Based on the results of these BILLING CODE 6717–01–P Commission’s Web site at http:// studies, the Applicant would decide www.ferc.gov using the ‘‘FERRIS’’ link. whether to proceed with the preparation Enter the docket number excluding the of a development application to DEPARTMENT OF ENERGY last three digits in the docket number construct and operate the project. field to access the document. For q. Comments, Protests, or Motions to Federal Energy Regulatory assistance, call toll-free 1–866–208– Intervene—Anyone may submit Commission 3676 or e-mail comments, a protest, or a motion to [email protected]. For TTY, intervene in accordance with the Notice of Application Accepted for call (202) 502–8659. A copy is also requirements of Rules of Practice and Filing and Soliciting Motions To available for inspection and Procedure, 18 CFR 385.210, .211, .214. Intervene, Protests, and Comments reproduction at the address in item h. In determining the appropriate action to above. take, the Commission will consider all April 3, 2003. m. Competing Preliminary Permit— protests or other comments filed, but Take notice that the following Anyone desiring to file a competing only those who file a motion to hydroelectric application has been filed application for preliminary permit for a intervene in accordance with the with the Commission and is available proposed project must submit the Commission’s Rules may become a for public inspection: competing application itself, or a notice party 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.: 12446–000. specified comment date for the comment date for the particular c. Date filed: February 19, 2003. particular application (see 18 CFR 4.36). application. d. Applicant: The Green Power Submission of a timely notice of intent r. Filing and Service of Responsive Company of Kentucky. allows an interested person to file the Documents—Any filings must bear in e. Name of Project: Green River Lake competing preliminary permit all capital letters the title Project. application no later than 30 days after ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT f. Location: At the existing U.S. Army the specified comment date for the TO FILE COMPETING APPLICATION’’, Corps of Engineers’ Green River Lake particular application. A competing ‘‘COMPETING APPLICATION’’, Dam on the Green River, near the Towns preliminary permit application must ‘‘PROTEST’’, or ‘‘MOTION TO of Campbellsville, Columbia, and conform with 18 CFR 4.30(b) and 4.36. INTERVENE’’, as applicable, and the Elkhorn, Taylor County, Kentucky. n. Competing Development Project Number of the particular g. Filed pursuant to: Federal Power Application—Any qualified application to which the filing refers. Act, 16 U.S.C. 791a—825r. development applicant desiring to file a Any of the above-named documents h. Applicant Contact: David Brown competing development application must be filed by providing an original Kinloch, Soft Energy Associates, 414 must submit to the Commission, on or and eight copies to: The Secretary, S.Wenzel Street, Louisville, Kentucky before a specified comment date for the Federal Energy Regulatory Commission, 40204, (502) 589–0975.

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i. FERC Contact: Regina Saizan, (202) o. Proposed Scope of Studies under comments within the time specified for 502–8765. Permit—A preliminary permit, if issued, filing comments, it will be presumed to j. Deadline for filing comments, does not authorize construction. The have no comments. One copy of an protests, and motions to intervene: 60 term of the proposed preliminary permit agency’s comments must also be sent to days from the issuance date of this would be 36 months. The work the Applicant’s representatives. notice. proposed under the preliminary permit Magalie R. Salas, k. Competing Application: Project No. would include economic analysis, Secretary. 12353–000, Date Filed: August 21, 2002, preparation of preliminary engineering Due Date: February 24, 2003. plans, and a study of environmental [FR Doc. 03–8767 Filed 4–9–03; 8:45 am] The Commission’s Rules of Practice impacts. Based on the results of these BILLING CODE 6717–01–P and Procedure require all interveners studies, the Applicant would decide filing a document with the Commission whether to proceed with the preparation DEPARTMENT OF ENERGY to serve a copy of that document on of a development application to each person in the official service list construct and operate the project. p. Comments, Protests, or Motions to Federal Energy Regulatory for the project. Further, if an intervener Commission files comments or documents with the Intervene—Anyone may submit Commission relating to the merits of an comments, a protest, or a motion to Notice of Application Accepted for issue that may affect the responsibilities intervene in accordance with the Filing and Soliciting Comments, of a particular resource agency, they requirements of Rules of Practice and Motions To Intervene, and Protests must also serve a copy of the document Procedure, 18 CFR 385.210, .211, .214. on that resource agency. In determining the appropriate action to April 3, 2003. l. Description of Project: The proposed take, the Commission will consider all Take notice that the following project would utilize the existing U.S. protests or other comments filed, but hydroelectric application has been filed Army Corps of Engineers’ Green River only those who file a motion to with the Commission and is available intervene in accordance with the Lake Dam, and would consist of: (1) for public inspection: Commission’s Rules may become a Three proposed 63-inch HDPE a. Type of Application: Preliminary party to the proceeding. Any comments, siphoning penstocks, about 1500 feet in Permit. protests, or motions to intervene must length; (2) twelve proposed 600 mm b. Project No: 12447–000. be received on or before the specified crossflow turbines placed at the end of c. Date Filed: February 19, 2003. comment date for the particular d. Applicant: Fort Dodge the penstocks (four turbines per application. Hydroelectric Development Company. penstock); (3) a proposed powerhouse q. Filing and Service of Responsive e. Name of Project: Fort Dodge Mill containing twelve 350 kW generator Documents—Any filings must bear in Dam Hydro Power Project. units having a total installed capacity of all capital letters the title f. Location: The proposed project 4.2 MW, and (4) appurtenant facilities. ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT would be located on an existing dam The project would have an estimated TO FILE COMPETING APPLICATION’’, owned by the City of Fort Dodge, on the annual generation of 18,000 MWh. ‘‘COMPETING APPLICATION’’, Des Moines River in Webster County, m. This filing is available for review ‘‘PROTEST’’, or ‘‘MOTION TO Iowa. at the Commission in the Public INTERVENE’’, as applicable, and the g. Filed Pursuant to: Federal Power Reference Room or may be viewed on Project Number of the particular Act, 16 U.S.C. 791a-825r. the Commission’s Web site at http:// application to which the filing refers. h. Applicant Contact: Mr. Thomas J. www.ferc.gov using the ‘‘FERRIS’’ link. Any of the above-named documents Wilkinson, Jr., Fort Dodge Hydroelectric Enter the docket number excluding the must be filed by providing an original Development Company, 1910 Alliant last three digits in the docket number and eight copies to: The Secretary, Tower, 200 1st St. SE., Cedar Rapids, field to access the document. For Federal Energy Regulatory Commission, Iowa 52401, (319) 364–0171. assistance, call toll-free 1–866–208– 888 First Street, NE., Washington, DC i. FERC Contact: Any questions on 3676 or e-mail 20426. An additional copy must be sent this notice should be addressed to Mr. [email protected]. For TTY, to Director, Division of Hydropower Lynn R. Miles, Sr. at (202) 502–8763. call (202) 502–8659. A copy is also Administration and Compliance, j. Deadline for filing motions to available for inspection and Federal Energy Regulatory Commission, intervene, protests and comments: 60 reproduction at the address in item h. at the above-mentioned address. A copy days from the issuance date of this n. Preliminary Permit—Public notice of any notice of intent, competing notice. of the filing of the initial preliminary application or motion to intervene must The Commission’s Rules of Practice permit application, which has already also be served upon each representative and Procedure require all interveners been given, established the due date for of the Applicant specified in the filing documents with the Commission filing competing preliminary permit particular application. to serve a copy of that document on applications or notices of intent. Any Comments, protests, and motions to each person in the official service list competing preliminary permit or intervene may be filed electronically via for the project. Further, if an intervener development application or notice of the Internet in lieu of paper; see 18 CFR files comments or documents with the intent to file a competing preliminary 385.2001(a)(1)(iii) and the instructions Commission relating to the merits of an permit or development application must on the Commission’s Web site under the issue that may affect the responsibilities be filed in response to and in ‘‘e-Filing’’ link. The Commission of a particular resource agency, they compliance with the public notice of the strongly encourages electronic filings. must also serve a copy of the document initial preliminary permit application. r. Agency Comments: Federal, state, on that resource agency. No competing applications or notices of and local agencies are invited to file k. Description of Project: The intent to file competing applications comments on the described application. proposed facility is a run-of-river may be filed in response to this notice. A copy of the application may be installation consisting of: (1) A 342-foot- A competing license application must obtained by agencies directly from the long and 18-foot-high concrete dam, (2) conform with 18 CFR 4.30(b) and 4.36. Applicant. If an agency does not file a 230-foot-long overflow spillway with

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30-inch flashboards and five 15 foot submit, if such an application may be ‘‘e-Filing’’ link. The Commission electrically operated tainter gates with a filed, either a preliminary permit strongly encourages electronic filings. hydraulic height of 15 feet, (3) an application or a development s. Agency Comments: Federal, state, impoundment having a service area of application (specify which type of and local agencies are invited to file 90 acres and storage capacity of 450 application). A notice of intent must be comments on the described application. acre-feet and a normal water surface served on the applicant(s) named in this A copy of the application may be elevation of 990 feet msl, (4) a public notice. obtained by agencies directly from the powerhouse containing two generating p. Proposed Scope of Studies under Applicant. If an agency does not file units with a total installed capacity of Permit—A preliminary permit, if issued, comments within the time specified for 1,260 MW, (5) a 13.8-kv transmission does not authorize construction. The filing comments, it will be presumed to line approximately 2,400-feet-long, and term of the proposed preliminary permit have no comments. One copy of an (6) appurtenant facilities. The project would be 36 months. The work agency’s comments must also be sent to would have an annual generation of 7.5 proposed under the preliminary permit the Applicant’s representatives. GWh. would include economic analysis, Magalie R. Salas, l. This filing is available for review at preparation of preliminary engineering Secretary. the Commission in the Public Reference plans, and a study of environmental Room or may be viewed on the impacts. Based on the results of these [FR Doc. 03–8768 Filed 4–9–03; 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 DEPARTMENT OF ENERGY last three digits in the docket number construct and operate the project. field to access the document. For q. Comments, Protests, or Motions to assistance, call toll-free 1–866–208– Federal Energy Regulatory Intervene—Anyone may submit Commission 3676 or e-mail comments, a protest, or a motion to [email protected]. For TTY, intervene in accordance with the Notice of Application Tendered for call (202) 502–8659. A copy is also requirements of Rules of Practice and Filing With the Commission, Soliciting available for inspection and Procedure, 18 CFR 385.210, .211, .214. Additional Study Requests, and reproduction at the address in item h. In determining the appropriate action to Establishing Procedures for above. take, the Commission will consider all m. Competing Preliminary Permit— Relicensing and a Deadline for protests or other comments filed, but Anyone desiring to file a competing Submission of Final Amendments only those who file a motion to application for preliminary permit for a April 3, 2003. proposed project must submit the intervene in accordance with the Commission’s Rules may become a Take notice that the following competing application itself, or a notice hydroelectric application has been filed of intent to file such an application, to party to the proceeding. Any comments, protests, or motions to intervene must with the Commission and is available the Commission on or before the for public inspection. specified comment date for the be received on or before the specified comment date for the particular a. Type of Application: New particular application (see 18 CFR 4.36). License—Major Project. Submission of a timely notice of intent application. r. Filing and Service of Responsive b. Project No.: 2174–012. allows an interested person to file the c. Date Filed: March 27, 2003. Documents—Any filings must bear in competing preliminary permit d. Applicant: Southern California all capital letters the title application no later than 30 days after Edison. the specified comment date for the ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT e. Name of Project: Portal Project. particular application. A competing TO FILE COMPETING APPLICATION’’, f. Location: On Rancheria Creek in preliminary permit application must ‘‘COMPETING APPLICATION’’, Fresno County, near Big Creek, conform with 18 CFR 4.30(b) and 4.36. ‘‘PROTEST’’, or ‘‘MOTION TO California. The project affects federal n. Competing Development INTERVENE’’, as applicable, and the lands in the Sierra National Forest, Application—Any qualified Project Number of the particular covering a total of 77.67 acres. development applicant desiring to file a application to which the filing refers. g. Filed Pursuant to: Federal Power competing development application Any of the above-named documents Act 16 U.S.C. 791 (a)-825(r). must submit to the Commission, on or must be filed by providing an original h. Applicant Contact: R. W. Krieger, before a specified comment date for the and eight copies to: The Secretary, Vice President, Power Production, particular application, either a Federal Energy Regulatory Commission, Southern California Edison Company, competing development application or a 888 First Street, NE., Washington, DC 300 N. Lone Hill Ave., San Dimas, notice of intent to file such an 20426. An additional copy must be sent California 91773, (909) 394–8667. application. Submission of a timely to Director, Division of Hydropower i. FERC Contact: Jim Fargo, (202) 502– notice of intent to file a development Administration and Compliance, 6095 or [email protected]. application allows an interested person Federal Energy Regulatory Commission, j. Deadline for filing additional study to file the competing application no at the above-mentioned address. A copy requests: May 27, 2003. later than 120 days after the specified of any notice of intent, competing All documents (original and eight comment date for the particular application or motion to intervene must copies) should be filed with: Ms. application. A competing license also be served upon each representative Magalie R. Salas, Secretary, Federal application must conform with 18 CFR of the Applicant specified in the Energy Regulatory Commission, 888 4.30(b) and 4.36. particular application. First Street, NE., Washington, DC 20426. o. Notice of Intent—A notice of intent Comments, protests and interventions The Commission’s Rules of Practice must specify the exact name, business may be filed electronically via the require all intervenors filing documents address, and telephone number of the Internet in lieu of paper; see 18 CFR with the Commission to serve a copy of prospective applicant, and must include 385.2001(a)(1)(iii) and the instructions that document on each person on the an unequivocal statement of intent to on the Commission’s Web site under the official service list for the project.

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Further, if an intervenor files comments Notice of application has been accepted instructions on the Commission’s Web or documents with the Commission for filing. site under the ‘‘e-Filing’’ link. The relating to the merits of an issue that Notice of NEPA Scoping. Commission strongly encourages e- may affect the responsibilities of a Notice of application is ready for filings. particular resource agency, they must environmental analysis. k. Description of Request: The also serve a copy of the document on Notice of the availability of the NEPA licensee filed a recreation plan pursuant that resource agency. document. to article 432 of its license. The plan Additional study requests may be Order issuing the Commission’s addresses recreational enhancements at filed electronically via the Internet in decision on the application. the project, including a boat launch take lieu of paper. The Commission strongly Final amendments to the application out facility, trails, day-use facilities and encourages electronic filing.See 18 CFR must be filed with the Commission no signage. 385.2001(a)(1)(iii) and the instructions later than 30 days from the issuance l. Location of the Application: This on the Commission’s Web site ( http:// date of the notice of ready for filing is available for review at the www.ferc.gov ) under the ‘‘e-Filing’’ environmental analysis. Commission in the Public Reference Room 888 First Street, NE., Room 2A, link. After logging into the e-Filing Magalie R. Salas, system, select ‘‘Comment on Filing’’ Washington, DC 20426 or may be Secretary. from the Filing Type Selection screen viewed on the Commission’s Web site at and continue with the filing process.’’ [FR Doc. 03–8769 Filed 4–9–03; 8:45 am] http://www.ferc.gov using the ‘‘FERRIS’’ k. This application is not ready for BILLING CODE 6717–01–P link. Enter the docket number excluding environmental analysis at this time. the last three digits in the docket l. The existing Portal Project consists number field to access the document. DEPARTMENT OF ENERGY For assistance, call toll-free 1–866–208– of: (1) A 795-foot-long compacted earth 3676 or e-mail and rock-fill dam; (2) Portal Forebay, Federal Energy Regulatory [email protected]. For TTY, with a 325 acre-foot useable storage Commission call (202) 502–8659. A copy is also capacity at elevation 7,185 feet; (3) an available for inspection and open channel spillway at the left Notice of Application for Amendment reproduction at the address in item h abutment of the dam, discharging into of License and Soliciting Comments, above. Camp 61 Creek; (4) an outlet channel Motions To Intervene, and Protests m. Individuals desiring to be included consisting of (a) the Adit 2 tunnel and April 3, 2003. on the Commission’s mailing list should shaft between Portal Forebay and Ward so indicate by writing to the Secretary Tunnel, (b) Ward Tunnel for a distance Take notice that the following application has been filed with the of the Commission. of about 32,000 feet from Adit 2 to the n. Comments, Protests, or Motions to base of the surge chamber on the tunnel, Commission and is available for public inspection: Intervene—Anyone may submit (c) a rock trap immediately downstream comments, a protest, or a motion to of the surge chamber, and (d) a 1,180- a. Application Type: Recreation Plan. b. Project No: 2496–070. intervene in accordance with the foot-long penstock from the rock trap to c. Date Filed: February 20, 2003. requirements of Rules of Practice and where it bifurcates just upstream of the d. Applicant: Eugene Water and Procedure, 18 CFR 385.210, .211, .214. Portal Powerhouse; (5) a 10.8-MW Electric Board (EWEB). In determining the appropriate action to turbine located in the concrete e. Name of Project: Leaburg- take, the Commission will consider all powerhouse; and (6) a 2.5-mile-long 480 Walterville Project. protests or other comments filed, but kV transmission line. f. Location: The project is located on only those who file a motion to m. A copy of the application is the Mckenzie River in Lane County, intervene in accordance with the available for review at the Commission Oregon. Commission’s Rules may become a in the Public Reference Room or may be g. Filed Pursuant to: Federal Power party to the proceeding. Any comments, viewed on the Commission’s Web site at Act, 16 U.S.C. 791 (a) 825(r) and §§ 799 protests, or motions to intervene must http://www.ferc.gov using the ‘‘FERRIS’’ and 801. be received on or before the specified link. Enter the docket number excluding h. Applicant Contact: Mr Gale Banry, comment date for the particular the last three digits in the docket Energy Resource Project Manager, application. number field to access the document. Eugene Water and Electric Board, (541) o. Filing and Service of Responsive For assistance, contact FERC Online 484–2411. Documents—Any filings must bear in Support at i. FERC Contact: Any questions on all capital letters the title [email protected] or toll- this notice should be addressed to Mrs. ‘‘COMMENTS’’, free at 1–866–208–3676, or for TTY, Heather Campbell at (202) 502–6182, or ‘‘RECOMMENDATIONS FOR TERMS (202) 502–8659. A copy is also available e-mail address: AND CONDITIONS’’, ‘‘PROTEST’’, or for inspection and reproduction at the [email protected]. ‘‘MOTION TO INTERVENE’’, as address in item h above. j. Deadline for filing comments and or applicable, and the Project Number of n. With this notice, we are initiating motions: May 5, 2003. the particular application to which the consultation with the California State All documents (original and eight filing refers. A copy of any motion to Historic Preservation Officer (SHPO), as copies) should be filed with: Ms. intervene must also be served upon each required by § 106, National Historic Magalie R. Salas, Secretary, Federal representative of the Applicant Preservation Act, and the regulations of Energy Regulatory Commission, 888 specified in the particular application. the Advisory Council on Historic First Street, NE., Washington DC 20426. p. Agency Comments: Federal, state, Preservation, 36 CFR 800.4. Please include the project number (P– and local agencies are invited to file o. Procedural schedule and final 2496–070) on any comments or motions comments on the described application. amendments: The application will be filed. Comments, protests, and A copy of the application may be processed according to the following interventions may be filed electronically obtained by agencies directly from the milestones, some of which may be via the internet in lieu of paper. See 18 Applicant. If an agency does not file combined to expedite processing: CFR 385.2001(a)(1)(iii) and the comments within the time specified for

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filing comments, it will be presumed to located at 888 First Street, NE., Room via the Internet in lieu of paper. See 18 have no comments. One copy of an 2A, Washington, DC 20426, or by calling CFR 385.2001(a)(1)(iii) and the agency’s comments must also be sent to (202) 502–8371. This filing is available instructions on the Commission’s Web the Applicant’s representatives. for review at the Commission or may be site at http://www.ferc.gov under the ‘‘e- q. Comments, protests and viewed on the Commission’s Web site at Filing’’ link. interventions may be filed electronically http://www.ferc.gov, using the via the Internet in lieu of paper. See 18 ‘‘FERRIS’’ link. Enter the docket number Magalie R. Salas, CFR 385.2001(a)(1)(iii) and the excluding the last three digits in the Secretary. instructions on the Commission’s Web docket number filed to access the [FR Doc. 03–8771 Filed 4–9–03; 8:45 am] site at http://www.ferc.gov under the ‘‘e- document. For assistance, contact FERC BILLING CODE 6717–01–P Filing’’ link. Online Support at [email protected] or toll- Magalie R. Salas, free at (866) 208–3676, or for TTY, DEPARTMENT OF ENERGY Secretary. contact (202) 502–8659. A copy is also Federal Energy Regulatory [FR Doc. 03–8770 Filed 4–9–03; 8:45 am] available for inspection and Commission BILLING CODE 6717–01–P reproduction at the address in item (h) above. Notice of Amendment of License and m. Individuals desiring to be included DEPARTMENT OF ENERGY Soliciting Comments, Motions To on the Commission’s mailing list should Intervene, and Protests so indicate by writing to the Secretary Federal Energy Regulatory of the Commission. April 3, 2003. Commission n. Comments, Protests, or Motions to Take notice the following Intervene—Anyone may submit Notice of Application for Amendment hydroelectric application has been filed comments, a protest, or a motion to of License and Soliciting Comments, with the Commission and is available intervene in accordance with the Motions to Intervene, and Protests for public inspection: requirements of Rules of Practice and a. Application Type: Amendment of April 3, 2003. Procedure, 18 CFR 385.210, .211, .214. License. Take notice that the following In determining the appropriate action to b. Project No.: 4656–016. take, the Commission will consider all application has been filed with the c. Date Filed: March 18, 2003. protests or other comments filed, but Commission and is available for public d. Applicants: Boise-Kuna Irrigation only those who file a motion to inspection: District, Nampa & Meridian Irrigation intervene in accordance with the a. Application Type: Amendment of District, New York Irrigation District, Commission’s Rules may become a License to Change Project Boundary. Wilder Irrigation District, and Big Bend party to the proceeding. Any comments, b. Project No: 2663–026. Irrigation District (the Districts). protests, or motions to intervene must c. Date Filed: March 6, 2003. e. Name of Project: Arrowrock Dam. d. Applicant: Minnesota Power, Inc. be received on or before the specified f. Location: At the U.S. Bureau of e. Name of Project: Pillager comment date for the particular Reclamation’s (Reclamation) existing Hydroelectric Project. application. f. Location: The project is located on o. Filing and Service of Responsive Arrowrock Dam and Reservoir on the the Crow Wing River in Cass and Documents—Any filings must bear in South Fork of the Boise River, in Elmore Morrison County, Minnesota. all capital letters the title and Ada Counties, Idaho. Parts of the g. Filed Pursuant to: Federal Power ‘‘COMMENTS’’, project would occupy lands managed by Act, 16 U.S.C. 791a–825r. ‘‘RECOMMENDATIONS FOR TERMS Reclamation and the U. S. Corps of h. Applicant Contact: Thomas E. AND CONDITIONS’’, ‘‘PROTEST’’, or Engineers and lands managed by the Castle, Minnesota Power, Inc., 30 West ‘‘MOTION TO INTERVENE’’, as U.S. Forest Service within the Boise Superior Street, Duluth, Minnesota applicable, and the Project Number of National Forest. 55802–2093, (218) 722–5642, extension the particular application to which the g. Filed Pursuant to: Federal Power 3595. filing refers. All documents (original Act, 16 U.S.C. 791a–825r. i. FERC Contact: Any questions on and eight copies) should be filed with: h. Applicant Contact: Albert P. this notice should be addressed to Mr. Magalie R. Salas, Secretary, Federal Barker, Barker Rosholt & Simpson LLP, Jake Tung at (202) 502–8757, or e-mail Energy Regulatory Commission, 888 205 North 10th Street, Suite 520, Boise, address: [email protected]. First Street, NE., Washington DC 20426. ID 83701, (208) 336–0700. j. Deadline for filing comments and or A copy of any motion to intervene must i. FERC Contact: Regina Saizan, (202) motions: May 5, 2003. also be served upon each representative 502–8765. k. Description of Request: The of the Applicant specified in the j. Deadline for filing motions to licensee proposes: (1) To extend the particular application. intervene, protests, comments: May 5, project boundary from 1199 feet p. Agency Comments: Federal, state, 2003. National Geodetic Vertical Datum and local agencies are invited to file The Commission’s Rules of Practice (NGVD) to 1203.85 feet NGVD; (2) to comments on the described application. and Procedure require all interveners acquire approximately 75 acres of A copy of the application may be filing a document with the Commission additional flowage rights to operate and obtained by agencies directly from the to serve a copy of that document on maintain the project; and (3) to remove Applicant. If an agency does not file each person in the official service list from the project boundary comments within the time specified for for the project. Further, if an intervener approximately 315 acres of private filing comments, it will be presumed to files comments or documents with the property. have no comments. One copy of an Commission relating to the merits of an l. Locations of the Application: A agency’s comments must also be sent to issue that may affect the responsibilities copy of the application is available for the Applicant’s representatives. of a particular resource agency, they inspection and reproduction at the q. Comments, protests and must also serve a copy of the documents Commission’s Public Reference Room, interventions may be filed electronically on that resource agency.

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k. Description of Amendment: The 385.2001(a)(1)(iii) and the instructions viewing at the OEI Docket in the EPA Districts request, among other things, on the Commission’s Web site under the Docket Center (EPA/DC), EPA West, pursuant to sections 4.200(c) and ‘‘e-filing’’ link. The Commission Room B102, 1301 Constitution Ave., 4.202(a) of the Commission’s regulations strongly encourages electronic filings. NW., Washington, DC. The EPA Docket and Public Law No. 106–343, that the p. Agency Comments—-Federal, state, Center Public Reading Room is open license be amended to extend the and local agencies are invited to file from 8:30 a.m. to 4:30 p.m., Monday deadline for commencement of comments on the described application. through Friday, excluding legal construction to March 26, 2005. The A copy of the application may be holidays. The telephone number for the Districts also request that the deadline obtained by agencies directly from the Reading Room is (202) 566–1744, and for completion of construction be Applicant. If an agency does not file the telephone number for the OEI extended to March 26, 2007. comments within the time specified for Docket is (202) 566–1752; FAX (202) l. The filing is available for review at filing comments, it will be presumed to 566–1753. An electronic version of the the Commission in the Public Reference have no comments. One copy of an public docket is available through EPA Room or may be viewed on the agency’s comments must also be sent to Dockets (EDOCKET) at http:// Commission’s Web site at http:// the Applicant’s representatives. www.epa.gov/edocket. Use EDOCKET to www.ferc.fed.gov using the ‘‘FERRIS’’ obtain a copy of the draft collection of link. Enter the docket number excluding Magalie R. Salas, Secretary. information, submit or view public the last three digits in the docket comments, access the index listing of [FR Doc. 03–8772 Filed 4–9–03; 8:45 am] number field to access the document. the contents of the public docket, and to For assistance, call toll-free 1–866–208– BILLING CODE 6717–01–P access those documents in the public 3676 or e-mail docket that are available electronically. [email protected]. For TTY, Once in the system, select ‘‘search,’’ call (202) 502–8659. A copy is also ENVIRONMENTAL PROTECTION then key in the docket ID number available for inspection and AGENCY identified above. reproduction at the address in item h above. [OEI–2003–0003, FRL–7479–7] Any comments related to this ICR should be submitted to EPA within 60 m. Individuals desiring to be included Agency Information Collection days of this notice, and according to the on the Commission’s mailing list should Activities: Continuing Collection; following detailed instructions: submit so indicate by writing to the Secretary Comment Request; Confidentiality of the Commission. your comments to EPA online using Rules n. Comments, Protests, or Motions to EDOCKET (our preferred method), by e- Intervene—-Anyone may submit AGENCY: Environmental Protection mail to [email protected], or by mail comments, a protest, or a motion to Agency (EPA). to: EPA Docket Center, Environmental intervene in accordance with the ACTION: Notice. Protection Agency, OEI Docket, requirements of Rules of Practice and (28221T), 1200 Pennsylvania Ave., NW., Procedure, 18 CFR 385.210, .211, .214. SUMMARY: In compliance with the Washington, DC 20460. Paperwork Reduction Act (44 U.S.C. In determining the appropriate action to EPA’s policy is that public comments, take, the Commission will consider all 3501 et seq.), this document announces whether submitted electronically or in protests or other comments filed, but that EPA is planning to submit the paper, will be made available for public only those who file a motion to following continuing Information viewing in EDOCKET as EPA receives intervene in accordance with the Collection Request (ICR) to the Office of them and without change, unless the Commission’s Rules may become a Management and Budget (OMB): comment contains copyrighted material, party to the proceeding. Any comments, Confidentiality Rules, EPA ICR No. confidential business information (CBI), protests, or motions to intervene must 1665.06, OMB Control No. 2020–0003, or other information whose public be received on or before the specified expiration date September 30, 2003. disclosure is restricted by statute. When comment date for the particular Before submitting the ICR to OMB for EPA identifies a comment containing application. review and approval, EPA is soliciting copyrighted material, EPA will provide o. Filing and Service of Responsive comments on specific aspects of the a reference to that material in the Documents—-Any filings must bear in proposed information collection as version of the comment that is placed in all capital letters the title described below. ‘‘COMMENTS’’, EDOCKET. The entire printed comment, DATES: Comments must be submitted on including the copyrighted material, will ‘‘RECOMMENDATIONS FOR TERMS or before June 9, 2003. AND CONDITIONS’’, ‘‘PROTEST’’, or be available in the public docket. ADDRESSES: Follow the detailed ‘‘MOTION TO INTERVENE’’, as Although identified as an item in the instructions in SUPPLEMENTARY official docket, information claimed as applicable, and the Project Number of INFORMATION. the particular application to which the CBI, or whose disclosure is otherwise filing refers. Any of the above-named FOR FURTHER INFORMATION CONTACT: restricted by statute, is not included in documents must be filed by providing Alan D. Margolis, Collection Stategies the official public docket, and will not an original and eight copies to: The Division, Office of Information be available for public viewing in Secretary, Federal Energy Regulatory Collection (2822T), Environmental EDOCKET. For further information Commission, 888 First Street, Protection Agency, 1200 Pennsylvania about the electronic docket, see EPA’s NE.,Washington, DC 20426. A copy of Ave., NW., Washington, DC 20460; Federal Register notice describing the any motion to intervene must also be telephone number: 202–566–1644; fax electronic docket at 67 FR 38102 (May served upon each representative of the number: 202–566–1639; e-mail address: 31, 2002), or go to http://www.epa.gov/ Applicant specified in the particular [email protected]. edocket. application. SUPPLEMENTARY INFORMATION: EPA has Affected entities: Entities potentially Comments, protests, and motions to established a public docket for this ICR affected by this action are those who intervene may be filed electronically via under Docket ID number OEI–2003– characterize the information they the Internet in lieu of paper; see 18 CFR 0003, which is available for public provide to EPA as CBI.

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Title: Confidentiality Rules, OMB rulemakings), or in the case of an confidentiality agreements stating that Control Number 2020–0003; EPA ICR advance confidentiality determination. they will honor the terms of the Number 1665.06, expiring 9/30/2003. An agency may not conduct or contract/subcontract which requires the Abstract: EPA administers a number sponsor, and a person is not required to protection of CBI. Contractor/ of environmental protection statutes respond to, a collection of information subcontractor businesses must maintain (e.g., the Clean Water Act; the Clean Air unless it displays a currently valid OMB a file of all such agreements. EPA Act; the Toxic Substances Control Act; control number. The OMB control estimates that there are about 129 the Resource Conservation and numbers for EPA’s regulations are listed contractor/subcontractor businesses that Recovery Act; and the Comprehensive in 40 CFR part 9 and 48 CFR chapter 15. handle CBI in connection with their Environmental Response, EPA is soliciting comments to: work for EPA each year. These 129 Compensation, and Liability Act), under (i) Evaluate whether the proposed contractor/subcontractor businesses which the Agency collects information collection of information is necessary together have a total of approximately from thousands of facilities in many for the proper performance of the 658 employees who must sign economic sectors. In addition, functions of the agency, including confidentiality agreements each year. whether the information will have businesses submit information to EPA Each employee would need practical utility; without the Agency requesting it. The approximately 0.1 hour to review and (ii) Evaluate the accuracy of the information addresses topics such as sign an agreement, at a cost of $3.34 in agency’s estimate of the burden of the labor; employees’ review and signature toxic chemicals, industrial processes, proposed collection of information, of all agreements would require waste streams, and regulatory including the validity of the approximately 65.8 hours at a cost of compliance. In many cases, businesses methodology and assumptions used; that submit information claim it as CBI. (iii) Enhance the quality, utility, and $2,197.72 in labor per year. In addition, EPA established the procedures clarity of the information to be each subcontractor/contractor business described in 40 CFR part 2, subparts A collected; and would need approximately 0.5 hour at and B, to protect the confidentiality of (iv) Minimize the burden of the a cost of $8.07 in labor per year to information as well as the rights of the collection of information on those who maintain a file of employee public to obtain access to information are to respond, including through the confidentiality agreements; the 129 under the Freedom of Information Act use of appropriate automated electronic, contractor/subcontractor businesses (FOIA). In accordance with these mechanical, or other technological together would require a total of 64.5 regulations, when EPA finds it collection techniques or other forms of hours at a labor cost of $1,041.03 to necessary to make a final confidentiality information technology, e.g., permitting maintain a file of confidentiality determination (e.g., in response to a electronic submission of responses. agreements. The total burden for signing FOIA request or in the course of Current Burden Statement: EPA and maintaining confidentiality rulemaking or litigation) or an advance estimates that in response to the agreements would thus be 130.3 hours confidentiality determination, it notifies procedures outlined in 40 CFR part 2, at a cost of $3,238.75. the affected business by sending a letter subpart B, the Agency would notify 543 The overall burden for handling requesting substantiation of the businesses annually and provide them confidentiality claims—including the confidentiality claim. This letter with an opportunity to submit substantiation process and the signing provides the affected business with an comments explaining why previously and maintaining of confidentiality opportunity to submit comments (i.e., a submitted information should be treated agreements—would be 6,432.3 hours at substantiation). This ICR relates to the as confidential. Of the 543 businesses, a total labor cost of $212,185.24 per collection of information that will assist EPA estimates that approximately 443 year. EPA estimates that no capital costs EPA in determining whether previously industries would respond by submitting or operation and maintenance costs submitted information is entitled to substantiations. The Agency estimates would be incurred as a result of this confidential treatment. that it takes industry approximately 14 information collection. EPA is proposing to use an updated hours and $464.43 in labor costs to EPA is soliciting the following Request for Substantiation letter prepare and submit each substantiation; additional information to assist in its (‘‘proposed letter’’). The proposed letter or a total of 6,202 hours at a cost of assessment of the Agency’s burden consists of two samples to address $205,742.49 in labor for all 443 statement: separate factual situations: Sample substantiations. For those 100 1. How many substantiation requests Letter A and Sample Letter B. The use businesses that do not submit do you receive from EPA per year? How of two letters is a clarification of substantiations, they are still likely to many CBI substantiations do you submit existing EPA procedures. Some of the spend approximately 1 hour at a cost of per year in response? information requested differs slightly $32.04 in labor to review EPA’s notice, 2. What is the average number, type, from the current Request for examine the information in question, and level of staff involved in preparing Substantiation letter, concerning the and make a decision not to respond; or a substantiation of CBI claims? possible voluntary nature of the a total of 100 hours at a cost of 3. What is the average number of submission and the issue of substantial $3,204.00 in labor costs for reviewing hours per staff type and level required competitive harm, and takes into and deciding not to respond in 100 to prepare a substantiation of CBI account the vast amount of information cases. The total burden on industry to claims? How does this hour estimate now available electronically. review and, if desired, respond to 543 breakdown by the following activities: Nevertheless, EPA estimates that the EPA substantiation requests is 6,302 a. Read/review EPA’s substantiation overall burden is the same. The hours at a cost of $208,946.49 in labor. request. proposed letter would apply to any In addition, when EPA utilizes the b. Review information claimed context where a final confidentiality services of contractors/subcontractors confidential. determination is needed, either in under the authority of 40 CFR part 2, c. Prepare substantiation. response to FOIA requests or in other subpart B, all contractor/subcontractor 4. What is the average wage per hour situations (e.g., where EPA is making employees who may be given access to for each staff type and level involved in information public to support confidential information must first sign preparing substantiations?

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Burden means the total time, effort, or accurate listing of all pending legal date before March 25, 2002, WTB financial resources expended by persons matters in the ITFS, the MDS, and the required that licensees, applicants, and to generate, maintain, retain, or disclose MMDS, which will enable the WTB to other parties with pending pleadings or provide information to or for a act on these pending legal matters. respond in writing by December 17, Federal agency. This includes the time ADDRESSES: Federal Communications 2002 if they desired that WTB continue needed to review instructions; develop, Commission, 445 12th Street, SW., TW– processing these matters. acquire, install, and utilize technology A325, Washington, DC 20554. 2. Appendix A to this Public Notice and systems for the purposes of FOR FURTHER INFORMATION CONTACT: contains a list of those legal matters collecting, validating, and verifying Gregory Vadas, Esq., Policy and Rules with a filing date prior to March 25, information, processing and Branch, at (202) 418–0680. 2002 where the applicant/licensee (or maintaining information, and disclosing SUPPLEMENTARY INFORMATION: This is a petitioner, if the petitioner is not the and providing information; adjust the summary of the Commission’s Public applicant or licensee) did not respond to existing ways to comply with any Notice, DA 03–638, released on March the October Public Notice. In the applicable instructions and 18, 2002. The full text of this document October Public Notice, WTB indicated, requirements; train personnel to be able is available for inspection and copying ‘‘For any legal matter for which written to respond to a collection of during normal business hours in the affirmations requesting further information; search data sources; Federal Communications Commission processing have not been received, complete and review the collection of Reference Center, 445 12th Street, SW., those legal matters will be dismissed information; and transmit or otherwise Washington, DC 20554. The complete with prejudice.’’ Accordingly, it is disclose the information. text may be purchased from the Federal ordered, pursuant to section 4(i) of the Dated: April 2, 2003. Communications Commission’s copy Communications Act of 1934, as Mark Luttner, contractor, Qualex International, 445 amended, 47 U.S.C. 154(i) and sections Director, Office of Information Collection. 12th Street, SW., Room CY–B402, 21.28(d) and 73.3568(a)(1) of the [FR Doc. 03–8827 Filed 4–9–03; 8:45 am] Washington, DC 20554. The full text Commission’s Rules, 47 CFR 21.28 (d), 73.3568(a)(1), the legal matters listed in BILLING CODE 6560–50–P may also be downloaded at: http:// www.fcc.gov. Alternative formats are Appendix A to this Public Notice are available to persons with disabilities by hereby dismissed with prejudice. FEDERAL COMMUNICATIONS contacting Brian Millin at (202) 418– 3. WTB also requested petitioners of COMMISSION 7426 or TTY (202) 418–7365 or at legal matters pending before the Bureau [email protected]. to review the list of pending matters in [DA 03–638] 1. On October 18, 2002, the Wireless the October Appendix. If a pending Telecommunications Bureau (WTB) matter was omitted from the October ITFS, MDS, and MMDS Pending Legal released a Public Notice (October Public Matters Appendix, WTB required petitioners to Notice) in which it sought to ensure that submit two date-stamped copies of the AGENCY: Federal Communications it had a complete and accurate listing of omitted petition or filing by December Commission. all pending legal matters in the 17, 2002 if the petitioner desired to ACTION: Notice. Instructional Television Fixed Service continue prosecuting the filing. After (ITFS), the Multipoint Distribution our review of these files, we have SUMMARY: In this document the Wireless Service (MDS), and the Multichannel determined that the cases listed in Telecommunications Bureau (WTB) has Multipoint Distribution Service Appendix B to this Public Notice are all released two lists, the first contains legal (MMDS). An Appendix (October the valid pending legal matters that are matters with a filing date prior to March Appendix) containing a list of all of the contained in WTB’s records. 25, 2002 where the applicant/licensee pending ITFS, MDS, and MMDS cases 4. With respect to other requests to (or petitioner, if the petitioner is not the was attached to the October Public add legal matters to its list of pending applicant or licensee) did not respond to Notice. The October Appendix indicated legal matters, the WTB notes that in the October Public Notice. Accordingly, the name of the applicant/licensee, the many instances, the respondent, but not any items on the first list are dismissed file number/call sign, the pleading type the petitioner, submitted legal matters. with prejudice. The second list contains and filing date, the name of the In those cases, we are not adding those all the current pending legal matters petitioner, if not the applicant, and matters to our list of pending legal that are in WTB’s records in the whether the file was complete. WTB matters because the petitioner did not Instructional Television Fixed Service required that all ITFS, MDS, and MMDS express interest in prosecuting the (ITFS), the Multipoint Distribution licensees, applicants, and other parties matter. Service (MDS), and the Multichannel with pending pleadings relating to these Multipoint Distribution Service services review and verify the Federal Communications Commission. (MMDS). This Public Notice ensures information contained in the October Marlene H. Dortch, that the WTB has a complete and Appendix. For legal matters with a filing Secretary.

Applicant/licensee File No./call sign Petitioner (if not applicant) Filing date Pleading type

Alda Gold, Inc ...... BPMD–9551382 ...... 3/28/97 ...... Petition for Reconsideration. Alda Gold, Inc ...... BPMD–9551384 ...... 3/28/97 ...... Petition for Reconsideration. Alda Gold, Inc ...... BPMD–9551386 ...... 3/28/97 ...... Petition for Reconsideration. Alda Gold, Inc ...... WHJ902 ...... 3/28/97 ...... Petition for Reconsideration. Alda Gold, Inc ...... WHK656 ...... 3/28/97 ...... Petition for Reconsideration. Alda Gold, Inc ...... WNTL436 ...... 3/28/97 ...... Petition for Reconsideration. Atlantic MicroSystems, Inc ..... BMDP960510FG ...... 6/17/96 ...... Petition to Deny. Bookcliff Christian School ...... 951020TS ...... 6/16/97 ...... Informal Complaint. Bridgewater College ...... BPLIF–93123OEX ...... 2/26/96 ...... Petition for Reconsideration. Burlington College ...... 911008DX ...... Ascutney Associates, Inc ...... 1/3/92 ...... Petition to Deny.

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Applicant/licensee File No./call sign Petitioner (if not applicant) Filing date Pleading type

Burlington College ...... 920110DE ...... Ascutney Associates, Inc ...... 4/16/92 ...... Petition to Deny. Century Microwave Corp ...... BALMD–20000421AAC ...... Sprint Corp ...... 4/21/00 ...... Petition to Deny. Century Microwave Corp ...... WMH689 ...... Sprint Corp ...... 4/21/00 ...... Petition to Deny. Champion Industries, Inc ...... BPMD–9551406 ...... 3/28/97 ...... Petition for Reconsideration. Champion Industries, Inc ...... WNTK634 ...... 3/28/97 ...... Petition for Reconsideration. Champlain College, BPLIF–911010DS ...... Champlain College, 1/13/92 ...... Petition to Deny. Shoreham, Vermont. Shoreham, Vermont. Creighton Univ ...... 931230DU ...... ABG Foundation NE Chapter, 5/31/94 ...... Petition to Deny. Inc. CS Wireless Systems, Inc ..... 9750418 ...... Dallas MDS Partners ...... 3/4/97 ...... Petition to Deny. CS Wireless Systems, Inc ..... WHT789 ...... Dallas MDS Partners ...... 3/4/97 ...... Petition to Deny. Dennis R. Long ...... BALMD–20011106AAE ...... Wireless Cable Television of 9/11/95 ...... Petition to Deny. Pennsylvania, Inc and Wireless Telecommuni- cations, Inc. Dennis R. Long ...... BALMD–955197 ...... Wireless Cable Television of 9/11/95 ...... Petition to Deny. Pennsylvania, Inc and Wireless Telecommuni- cations, Inc. Dennis R. Long ...... WMI836 ...... Wireless Cable Television of 9/11/95 ...... Petition to Deny. Pennsylvania, Inc and Wireless Telecommuni- cations, Inc. Gould Communications ...... WNTF307 ...... Sprint Corp ...... 7/21/00 ...... Informal Complaint. Heartland Wireless Commer- 980518LF ...... 6/30/98 ...... Petition to Deny. cial Channels, Inc. Hubbard Trust (San Marcos, BRMD–9157898 ...... 4/2/97 ...... Petition for Clarification. CA). Hubbard Trust (San Marcos, WPX85 ...... 4/2/97 ...... Petition for Clarification. CA). Iberville Parish School and LA 931228DI ...... Louisiana Art ...... 5/31/94 ...... Petition to Deny. State Institute Alumni Asso- ciates. Iberville Parish School and LA 931230HE ...... Lousiana Art Institute ...... 5/31/94 ...... Petition to Deny. State Alumni Associates. Ivan Nachman; Blake Twedt; BLMD–9350608 ...... Vermont Wireless ...... 4/14/93 ...... Informal Complaint Coopera- John Dudek (Burlington, tive. VT). Ivan Nachman; Blake Twedt; BLMD–9350609 ...... Vermont Wireless Coopera- 4/14/93 ...... Informal Complaint. John Dudek (Burlington, tive. VT). Ivan Nachman; Blake Twedt; BLMD–9350610 ...... Vermont Wireless Coopera- 4/14/93 ...... Informal Complaint. John Dudek (Burlington, tive. VT). Ivan Nachman; Blake Twedt; WNTH842 ...... Vermont Wireless Coopera- 4/14/93 ...... Informal Complaint. John Dudek (Burlington, tive. VT). Ivan Nachman; Blake Twedt; WNTI675 ...... Vermont Wireless Coopera- 4/14/93 ...... Informal Complaint. John Dudek (Burlington, tive. VT). Ivan Nachman; Blake Twedt; WNTI680 ...... Vermont Wireless Coopera- 4/14/93 ...... Informal Complaint. John Dudek (Burlington, tive. VT). JMP Telecom Systems, Inc ... 51022–CM–P–92 ...... 8/10/95 ...... Petition for Reconsideration. KNRW Wireless, L.P...... 55137–CM–P–90 ...... 6/27/95 ...... Petition for Reconsideration. Libmot Communications ...... BALMD–20000721AAE ...... 7/21/00 ...... Informal Complaint. Libmot Communications ...... WNTG452 ...... 7/21/00 ...... Informal Complaint. Line of Site, Inc; Young Com- BLMD–9253087 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. munications; Libmot Com- less Development Partners munications Partnership; I and Skycable of Omaha, Gould Communications LLC. (Omaha, NE). Line of Site, Inc; Young Com- BLMD–9350403 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. munications; Libmot Com- less Development Partners munications Partnership; I and Skycable of Omaha, Gould Communications LLC. (Omaha, NE). Line of Site, Inc; Young Com- BLMD–9350428 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. munications; Libmot Com- less Development Partners munications Partnership; I and Communications Gould (Omaha, NE). Skycable of Omaha, LLC.

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Applicant/licensee File No./call sign Petitioner (if not applicant) Filing date Pleading type

Line of Site, Inc; Young Com- BPMD–7705208 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. munications; Libmot Com- less Development Partners munications Partnership; I and Skycable of Omaha, Gould Communications LLC. (Omaha, NE). Line of Site, Inc.; Young BPMD–8950226 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. Communications; Libmot less Development Partners Communications Partner- I and Skycable of Omaha, ship; Gould Communica- LLC. tions (Omaha, NE). Line of Site, Inc.; Young WHT777 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. Communications; Libmot less Development Partners Communications Partner- I and Skycable of Omaha, ship; Gould Communica- LLC. tions (Omaha, NE). Line of Site, Inc.; Young WLW992 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. Communications; Libmot less Development Partners Communications Partner- I and Skycable of Omaha, ship; Gould Communica- LLC. tions (Omaha, NE). Line of Site, Inc.; Young WNTF307 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. Communications; Libmot less Development Partners Communications Partner- I and Skycable of Omaha, ship; Gould Communica- LLC. tions (Omaha, NE). Line of Site, Inc.; Young WNTF452 ...... Ad Hoc Committee of Wire- 9/8/94 ...... Informal Complaint. Communications; Libmot less Development Partners Communications Partner- I and Skycable of Omaha, ship; Gould Communica- LLC. tions (Omaha, NE). Multi Micro, Inc ...... BTCMD–20010815AAJ ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multi Micro, Inc ...... WMH661 ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multi Micro, Inc ...... WMI413 ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multi Micro, Inc ...... WMI970 ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multi Micro, Inc ...... WMX703 ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multi Micro, Inc ...... WMX704 ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multi Micro, Inc ...... WNTJ462 ...... WinBeam, Inc ...... 11/5/01 ...... Informal Complaint. Multichannel Distribution of BMPMD–9550321 ...... 5/6/96 ...... Petition for Reconsideration. America (Myrtle Beach, SC). Multichannel Distribution of WLK351 ...... 5/6/96 ...... Petition for Reconsideration. America (Myrtle Beach, SC). MultiMicro, Inc ...... BRMD–20010323ABE ...... WinBeam, Inc ...... 8/30/01 ...... Petition to Deny. MultiMicro, Inc ...... BRMD–20010323ABF ...... WinBeam, Inc ...... 8/30/01 ...... Petition to Deny. Multi-Micro, Inc., Channels BPMDH–20000818ACZ ...... 4/2/01 ...... Petition to Deny. F1–F4 in Parkersburg, WV. Multi-Micro, Inc., Channels BPMDH–20000818ADX ...... 4/2/01 ...... Petition to Deny. F1–F4 in Parkersburg, WV. Multi-Micro, Inc., Channels BPMDH–20000818DIK ...... 4/2/01 ...... Petition to Deny. F1–F4 in Parkersburg, WV. Myrtle Beach E Partnership BPMD–9053281 ...... 8/8/94 ...... Petition for Reconsideration. (Myrtle Beach, SC). Northern Rural Cable TV Co- BPMD–9212856 ...... 9/11/98 ...... Informal Complaint. operative, Inc. (Bath/Aber- deen, SD). Northern Rural Cable TV Co- WMY463 ...... 9/11/98 ...... Informal Complaint. operative, Inc. (Bath/Aber- deen, SD). Ouachita Academy of Arts BPLIF–920309DA ...... 1/18/95 ...... Petition for Reconsideration. and Science Rayville, Lou- isiana. Ouachita Academy of Arts BPLIF–930219DN ...... 1/18/95 ...... Petition for Reconsideration. and Science Rayville, Lou- isiana. Ouachita Academy of Arts BPLIF–930219DP ...... 1/18/95 ...... Petition for Reconsideration. and Science Rayville, Lou- isiana. Paging Systems, Inc ...... BMPMD–9551420 ...... 11/3/95 ...... Petition to Deny. Paging Systems, Inc ...... WNTF895 ...... 11/3/95 ...... Petition to Deny. Richard Levy ...... 52898–CM–P–90 ...... 11/23/96 ...... Petition for Reconsideration. School Board of Dade Coun- BMPLIF–950915HW ...... 11/1/96 ...... Petition to Deny. ty, Florida. Senvista General Partnership 9750738 ...... Paradise Cable ...... 8/8/97 ...... Petition to Deny. Inc.

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Applicant/licensee File No./call sign Petitioner (if not applicant) Filing date Pleading type

Senvista General Partnership WNTK634 ...... Paradise Cable ...... 8/8/97 ...... Petition to Deny. Inc. Senvista General Partnership BMPMD–9750738 ...... Paradise Cable ...... 7/5/96 ...... Petition for Reconsideration. Inc. (Bradenton, FL). Senvista General Partnership BMPMD–9551406 ...... Paradise Cable ...... 7/5/96 ...... Petition for Reconsideration. Inc. (Bradenton, FL). Senvista General Partnership WNTK634 ...... Paradise Cable ...... 7/5/96 ...... Petition for Reconsideration. Inc. (Bradenton, FL). Tattnall County Board ...... BPLIF951020T6 ...... Armstrong State College ...... 7/30/98 ...... Petition to Deny. The School Board of Miami- BMPLIF–19950915HW ...... 1/31/01 ...... Waiver Request. Dade County, Florida. The School Board of Miami- KTB85 ...... 1/31/01 ...... Waiver Request. Dade County, Florida. Tide Microcable II Partnership 53025–CM–P–91 ...... 5/26/95 ...... Petition for Reconsideration. United Management Services- 54302–CM–P–90 ...... 8/7/95 ...... Petition for Reconsideration. Eugene, Oregon F. United/JCL Eureka, CA F 54855–CM–P–90 ...... 3/2/95 ...... Petition for Reconsideration. Grand Alliance. Victor Elementary School Dis- BPLIF941201DA ...... 11/1/96 ...... Petition for Relief. trict. Walter Communications ...... BALMD–5159695 ...... Wireless Cable Television of 9/11/95 ...... Petition to Deny. Pennsylvania, Inc. and Wireless Telecommuni- cations, Inc.. Walter Communications ...... WMH648 ...... Wireless Cable Television of 9/11/95 ...... Petition to Deny. Pennsylvania, Inc. and Wireless Telecommuni- cations, Inc.. Wireless One of Augusta, Inc. BMDP960510OY ...... Bonnie D. O’Connell ...... 6/17/96 ...... Petition to Deny. Wireless One of Augusta, Inc BMDP960510OZ ...... Bonnie D. O’Connell ...... 6/17/96 ...... Petition to Deny. WTB, Inc ...... BALMD–20000927AAA ...... 9/27/01 ...... Waiver Request. WTB, Inc ...... BALMD–20010129AEH ...... 9/27/01 ...... Waiver Request. WTB, Inc ...... BTA342 ...... 9/27/01 ...... Waiver Request. WTB, Inc ...... KNSC260 ...... 9/27/01 ...... Waiver Request. WTB, Inc ...... KNSC303 ...... 9/27/01 ...... Waiver Request. WTB, Inc ...... KNSD413 ...... 9/27/01 ...... Waiver Request.

Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

ABG Foundation, Nebraska BPLIF–19920925DE ...... Petition to Deny ...... USA Wireless Cable, Inc ...... 12/30/93 Chapter, Inc. AIG Radio Holding Co., Inc. BRMD–20010330AGU ...... Petition for Reconsideration ...... 9/25/01 (Bremerton, WA). AIG Radio Holding Co., Inc. WMI890 ...... Petition for Reconsideration ...... 9/25/01 (Bremerton, WA). Alaska Wireless Cable, Inc. ... WPY44 ...... Waiver Request ...... 12/6/02 Albion Community Develop- BPLIF–951017AB ...... Petition for Reconsideration ...... 4/16/02 ment Corporation. Albion Community Develop- BALIF–20010214AAD ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion Community Develop- BALIF–20010214AAE ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion Community Develop- BALIF–20010214AAF ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion Community Develop- BALIF–20010214AAG ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion Community Develop- BALIF–20010214AAH ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion Community Develop- BALIF–20010214AAI ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion Community Develop- WLX531 ...... Petition for Reconsideration ...... 4/18/02 ment Corporation. Albion/Jackson, Michigan Pe- BPLIF–920402DL ...... Petition to Deny ...... 2/19/93 titions. Albion/Jackson, Michigan Pe- BPLIF–920402DM ...... Petition to Deny ...... 2/19/93 titions. Albion/Jackson, Michigan Pe- BPLIF–920717DB ...... Petition to Deny ...... 2/19/93 titions. Allan Leeds ...... KNSC404 ...... Petition for Reconsideration ...... 3/15/02 Allan Leeds ...... 20000818BTQ ...... Petition for Reconsideration ...... 3/15/02 Alliance for Higher Education 50423–CM–P–98 ...... Petition to Deny ...... Dallas MDS Partners ...... 5/18/98 Alliance for Higher Education KWU29 ...... Petition to Deny ...... Dallas MDS Partners ...... 5/18/98 Alliance for Higher Education KWU30 ...... Petition to Deny ...... Dallas MDS Partners ...... 5/18/98

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Alma College, Mount Pleasant WNC270 ...... Waiver Request ...... 6/22/98 Baptist Academy, Mount Pleasant Public Schools, & Central Michigan Univ. Alma College, Mount Pleasant WNC271 ...... Waiver Request ...... 6/22/98 Baptist Academy, Mount Pleasant Public Schools, & Central Michigan Univ. Alma College, Mount Pleasant WNC272 ...... Waiver Request ...... 6/22/98 Baptist Academy, Mount Pleasant Public Schools, & Central Michigan Univ. Alma College, Mount Pleasant WNC273 ...... Waiver Request ...... 6/22/98 Baptist Academy, Mount Pleasant Public Schools, & Central Michigan Univ. Amarillo Independent School BPLIF–19910722DD ...... Petition to Deny ...... United States Wireless Cable, 9/20/91 District. Inc. Amarillo Independent School BPLIF–19910722DE ...... Informal objection ...... United States Wireless Cable, 9/2/92 District. Inc. American Telecasting of Port- 20000818BHL ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BHX ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BID ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BTC ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BUC ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BUJ ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BVQ ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BVY ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- 20000818BWD ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- WHT647 ...... Petition to Deny ...... Hispanic Information and 4/2/01 land. Telecommunications Net- work, Inc. American Telecasting of Port- BPMD–20000104AAG ...... Petition to Deny ...... 4/2/01 land, Inc. Aquas Buenas, Puerto Rico BMPLIF–19940317DJ ...... Petition for Relief ...... 5/29/98 Settlement. Aquas Buenas, Puerto Rico BMPLIF–19950914MD ...... Petition for Relief ...... 5/29/98 Settlement. Aquas Buenas, Puerto Rico BPLIF–19941201DB ...... Petition for Relief ...... 5/29/98 Settlement. Aquas Buenas, Puerto Rico BPLIF–19950515EZ ...... Petition for Relief ...... 5/29/98 Settlement. Aquas Buenas, Puerto Rico BPLIF–19950915EY ...... Petition for Relief ...... 5/29/98 Settlement. Armstrong State College ...... BPLIF951020VB ...... Petition to Deny ...... Wireless One, Inc ...... 1/8/97 ASC Communications, Inc ..... 14693–CM–P–83 ...... Petition for Declaratory Ruling ...... 7/25/94 ASC Communications, Inc ..... WMH541 ...... Petition for Declaratory Ruling ...... 7/25/94 ASC Communications, Inc ..... BMPMD–9650762 ...... Petition for Relief ...... Pacific Telesis Enterprises ..... 1/17/96 ASC Communications, Inc ..... WMH541 ...... Petition for Relief ...... Pacific Telesis Enterprises ..... 1/17/96 ASC Communications, Inc ..... 19991202AAE ...... Waiver Request ...... 12/2/99 ASC Communications, Inc ..... WMH541 ...... Waiver Request ...... 12/2/99 Ball State University ...... BPLIF–95102OHU ...... Petition to Deny ...... Hispanic Information and 9/21/98 Telecommunications Net- work, Inc. Barry University ...... BPLIF–951020PU ...... Petition to Deny ...... School Board of Dade County 11/1/96 Barry University ...... KTZ22 ...... Petition to Deny ...... School Board of Dade County 11/1/96

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Bartlesville Public Schools ..... BPLIF–19951020B8 ...... Petition for Reconsideration ...... 8/7/97 Baypoint TV, Inc ...... 1192–CM–P–83 ...... Petition for Reconsideration ...... 9/10/01 Belwen, Inc. (Wilmington, NC) BLMD–9450421 ...... Petition for Relief ...... 8/28/96 Belwen, Inc. (Wilmington, NC) WMI297 ...... Petition for Relief ...... 8/28/96 BOCES Sole Supervisory Dis- BPLIF–19931230FU ...... Petition for Reconsideration .. Albion Community Develop- 5/25/95 trict Oneida, Herkimer, and ment Corp. Madison Counties. Bonanza Partners, Inc ...... 51067–CM–MP–96 ...... Petition to Deny ...... American Telecasting Devel- 8/6/96 opment, Inc. Bonanza Partners, Inc ...... WNTM679 ...... Petition to Deny ...... American Telecasting Devel- 8/6/96 opment, Inc. Borough of Point Pleasant BPLIF–19951020RN ...... Petition to Deny ...... CAI Wireless Systems, Inc .... 5/6/98 Beach. California State University, BMPLIF–19951020L6 ...... Petition for Relief ...... 12/31/01 San Bernardino. California State University, BMPLIF–19951020M5 ...... Petition for Relief ...... 12/31/01 San Bernardino. California State University, BMPLIF–951020KI ...... Petition for Relief ...... 12/31/01 San Bernardino. California State University, BPLIF–19951020LF ...... Petition for Relief ...... 12/31/01 San Bernardino. Carbon Lehigh Intermediate BPLIF–19951019AI ...... Petition to Deny ...... WorldCom Broadband Solu- 8/8/97 Unit 21. tions, Inc. Caribbean MMDS Partnership 50870–CM–P–97 ...... Petition to Deny ...... Grand Wireless Company ...... 10/24/97 Caribbean MMDS Partnership WNTK992 ...... Petition to Deny ...... Grand Wireless Company ...... 10/24/97 Catholic Diocese of Caguas .. BPLIF–951020WN ...... Petition to Deny ...... The Catholic Archdiocese of 7/14/98 San Juan and WHTV Broadcasting Corp. Catholic Diocese of Caguas .. WLX321 ...... Petition to Deny ...... The Catholic Archdiocese of 7/14/98 San Juan and WHTV Broadcasting Corp. Central Dakota TV, Inc ...... BALMD–19990930AAY ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... BALMD–19990930AAZ ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... BALMD–19990930ABA ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... WLW751 ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... WLW752 ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... WNTB718 ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... WNTE464 ...... Petition for Reconsideration ...... 1/6/03 Central Dakota TV, Inc ...... WNTF478 ...... Petition for Reconsideration ...... 1/6/03 Centre Unified School District BPLIF–19911213DG ...... Petition for Reconsideration ...... 12/21/92 #397. Champion Industries, Inc ...... BMDC–9201294 ...... Application for Review ...... 9/13/01 Champion Industries, Inc ...... BPMDC–9201297 ...... Application for Review ...... 9/13/01 Champion Industries, Inc ...... 50123–CM–P–92 ...... Petition for Reconsideration ...... 9/20/01 Champlain College ...... BPLIF–911010DS ...... Petition to Deny ...... Satellite Signals of New Eng- 1/13/92 land, Inc. Chicago Instructional Tech- BPLIF–951020KF ...... Petition to Deny ...... Saint Bede Academy and 4/15/98 nology Foundation, Inc. Heartland Wireless Com- munications, Inc. City University, Channels B1– BMAMDIH–20010129ADF ..... Petition to Deny ...... KCTS Television, Inc ...... 4/2/01 B4, Olympia, WA. Clarendon Foundation ...... BPLIF–19951020NC ...... Application for Review ...... 8/23/99 Clark County School District .. BPIFH–20000818DLB ...... Petition to Deny ...... North American Catholic Edu- 4/2/01 cational Programming Foundation, Inc. Clark County School District .. WNC851 ...... Petition to Deny ...... North American Catholic Edu- 4/2/01 cational Programming Foundation, Inc. Clark County School District .. BLPLIF–931230HK ...... Application for Review ...... North American Catholic Edu- 4/17/02 cational Programming Foundation, Inc. Clearwire Technologies, Inc ... BPMDV–20010928AAH ...... Petition to Deny ...... Nucentrix Spectrum Re- 12/7/01 sources, Inc. Clearwire Technologies, Inc ... WMI306 ...... Petition to Deny ...... Nucentrix Spectrum Re- 12/7/01 sources, Inc. Coleman County Telephone BPIFH–20010420ABJ ...... Petition to Deny ...... Central Texas Communica- 6/25/01 Cooperative, Inc. Santa tions, Inc. Anna, TX). Coleman County Telephone BRMD–20011113AAC ...... Petition to Deny ...... Central Texas Communica- 12/27/01 Cooperative, Inc. (Santa tions, Inc. Anna, TX). Coleman County Telephone BRMD–20011113AAB ...... Petition to Deny ...... Central Texas Communica- 12/27/01 Cooperative, Inc. (Santa tions, Inc. Anna, TX).

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Coleman County Telephone WMY236 ...... Petition to Deny ...... Central Texas Communica- 12/27/01 Cooperative, Inc (Santa tions, Inc. Anna, TX). Coleman County Telephone WMY240 ...... Petition to Deny ...... Central Texas Communica- 12/27/01 Cooperative, Inc. (Santa tions, Inc. Anna, TX). Concord Community School .. 92071DB ...... Petition to Deny ...... Jones Community School ...... 6/13/93 Counterpoint Communica- BPLIF–19951020CF ...... Petition for Reconsideration ...... 9/2/97 tions, Inc. Department of Education BPIFH–20000818AYB ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education KNZ69 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education KRS81 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818CFI ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPLIF–20000818CJQ ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPLIFH–20000818AYC ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818AZJ ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818AVB ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818AXZ ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIF–20000818CJO ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818BXG ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818BXH ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818CEF ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818CEK ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818CFN ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818BZV ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818CEM ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818CEO ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFH–20000818COL ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BIFH–20000818CON ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818CEY ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Department of Education BPIFB–20000818CEV ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdioxese of New York. Rockville Centre. Department of Education, BPIFB2000818AXZ ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Archdiocese of New York. Rockville Centre. Diocese of Savannah and Sa- BPLIF–951020AN ...... Application for Review ...... 3/8/99 vannah College of Art and Design. Diocese of Savannah and Sa- BPLIF–95102OBZ ...... Application for Review ...... 3/8/99 vannah College of Art and Design. Eagleview Technologies, Inc WMH805 ...... Petition to Deny ...... Bell South Wireless Cable, 1/30/01 Inc. Eagleview Technologies, Inc WDU502 ...... Application for Review ...... 4/18/02 Eagleview Technologies, Inc 57875–CM–R–91 ...... Application for Review ...... 4/18/02 Eagleview Technologies, Inc. BRMD–20010316ABB ...... Petition to Deny ...... Bell South Wireless Cable, 8/1/01 (Jacksonville, FL). Inc. Educational Television Asso- BPLIF–19951020JJ ...... Application for Review ...... 5/13/00 ciation of Metropolitan Cleveland. Emerson College ...... BPLIF–960919AB ...... Petition to Deny ...... Hispanic Information and 3/14/97 Telecommunications Net- work, Inc.

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Emerson College ...... WHR758 ...... Petition to Deny ...... Hispanic Information and 3/14/97 Telecommunications Net- work, Inc. Emerson College ...... BPLIF–951020EI ...... Petition to Deny ...... Hispanic Information and 10/9/97 Telecommunications Net- work, Inc. Estate of Wireless Tele- B227 ...... Waiver Request ...... 8/31/01 communications, Inc. Estate of Wireless Tele- B249 ...... Waiver Request ...... 8/31/01 communications, Inc. Estate of Wireless Tele- KNSE289 ...... Waiver Request ...... 8/31/01 communications, Inc. Estate of Wireless Tele- BALMD–20010321ABN ...... Waiver Request ...... 8/31/01 communications, Inc. Estate of Wireless Tele- KNSE288 ...... Waiver Request ...... 8/31/01 communications, Inc. Evans County School System BMPLIF–980114DP ...... Petition to Deny ...... Wireless Cable of Florida, Inc 2/23/98 Evans County School System WLX698 ...... Petition to Deny ...... Wireless Cable of Florida, Inc 2/23/98 Florida Atlantic University ...... BMPLIF–950524DD ...... Petition to Deny ...... School Board of Dade County 11/1/96 Florida Atlantic University ...... WHR901 ...... Petition to Deny ...... School Board of Dade County 11/1/96 Fresno MMDS Associates ..... 60636–CM–P–91 ...... Application for Review ...... 6/23/00 Gary Golden (Longview, TX) BRMD–20010530AAA ...... Petition to Deny ...... Nucentrix Spectrum Re- 8/2/01 sources, Inc. Gary Golden (Longview, TX) BRMD–20010530AAC ...... Petition to Deny ...... Nucentrix Spectrum Re- 8/2/01 sources, Inc. Gary Golden (Longview, TX) WMH477 ...... Petition to Deny ...... Nucentrix Spectrum Re- 8/2/01 sources, Inc. Gary Golden (Longview, TX) WMI306 ...... Petition to Deny ...... Nucentrix Spectrum Re- 8/2/01 sources, Inc. Georgia College—Macon BPLIF–951020PT ...... Petition for Reconsideration ...... 8/19/98 Campus. Grand MMDS Alliance New WMY467 ...... Informal Objection ...... Trans Video Communications, 11/14/97 York F/P Partnership. Inc and CAI Wireless Sys- tems, Inc. Grand Wireless Company, Inc BMDP–980721ND ...... Petition to Deny ...... 10/13/98 Grand Wireless Company, Inc BMDP–980721NE ...... Petition to Deny ...... 10/13/98 Grand Wireless Company, Inc BMDP–980721NF ...... Petition to Deny ...... 10/13/98 Guadalupe Valley Elec. Coop BPMD–9051310 ...... Application for Review ...... 7/25/96 Harrisburg, PA Settlement ..... BPLIF–19951016B1 ...... Petition for Relief ...... 1/2/01 Harrisburg, PA Settlement ..... BPLIF–19951020GX ...... Petition for Relief ...... 1/2/01 Heartland Wireless Commer- BMDP980303FW ...... Petition to Deny ...... Tex-Star Wireless Commu- 5/7/98 cial Channels, Inc. nications Gamma. Heartland Wireless Commer- BMDP980303FX ...... Petition to Deny ...... Tex-Star Wireless Commu- 5/7/98 cial Channels, Inc. nications Gamma. Heartland Wireless Commer- BMDP980303FY ...... Petition to Deny ...... Tex-Star Wireless Commu- 5/7/98 cial Channels, Inc. nications Gamma. Heartland Wireless Commer- BMDP970411OM ...... Petition to Deny ...... Tex-Star Wireless Commu- 5/30/97 cial Channels, Inc. nications Alpha and Beta. Heartland Wireless Commer- BMDP970411ON ...... Petition to Deny ...... Tex-Star Wireless Commu- 5/30/97 cial Channels, Inc. nications Alpha and Beta. Hispanic Information and BPIFH–20010420AEK ...... Petition to Deny ...... BCTV, Inc ...... 6/25/01 Telecommunications Net- work, Inc. Hispanic Information and WLX690 ...... Petition to Deny ...... BCTV, Inc ...... 6/25/01 Telecommunications Net- work, Inc. Hispanic Information and BPLIF–19951016BR ...... Petition for Reconsideration ...... 12/30/98 Telecommunications Net- work, Inc (Anderson, IN). Hispanic Information and BPLIF–19951020FT ...... Petition for Reconsideration ...... 10/22/97 Telecommunications Net- work, Inc (Binghamton, NY). Hispanic Information and BPLIF–951016BM ...... Petition for Reconsideration ...... 1/19/99 Telecommunications Net- work, Inc (Indianapolis, Indi- ana). Hispanic Information and BPLIF–950215DQ ...... Petition to Deny ...... The University System of the 7/7/95 Telecommunications Net- Ana G. Mendez Edu- work, Inc. (Jajuya, PR). cational Foundation. Hispanic Information and BPLIF–950215DR ...... Petition to Deny ...... The University System of the 7/7/95 Telecommunications Net- Ana G. Mendez Edu- work, Inc. (Jajuya, PR). cational Foundation.

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Hispanic Information and BPLIF–950315DF ...... Petition to Deny ...... The University System of the 7/7/95 Telecommunications Net- Ana G. Mendez Edu- work, Inc. (Jajuya, PR). cational Foundation. Hispanic Information and BPLIF–950322DY ...... Petition to Deny ...... The University System of the 7/7/95 Telecommunications Net- Ana G. Mendez Edu- work, Inc. (Jajuya, PR). cational Foundation. Hispanic Information and WLX661 ...... Petition to Deny ...... The University System of the 7/7/95 Telecommunications Net- Ana G. Mendez Edu- work, Inc. (Jajuya, PR). cational Foundation. Hispanic Information and WLX663 ...... Petition to Deny ...... The University System of the 7/7/95 Telecommunications Net- Ana G. Mendez Edu- work, Inc. (Jajuya, PR). cational Foundation. Hispanic Information and BPLIF–19959215DS ...... Petition for Reconsideration ...... 4/17/02 Telecommunications Net- work, Inc. (Luquillo, PR B group). Hispanic Information and BMPLIF–19980129DE ...... Application for Review ...... 8/21/98 Telecommunications Net- work, Inc. (Portland, OR). Hispanic Information and WLX681 ...... Application for Review ...... 8/21/98 Telecommunications Net- work, Inc. (Portland, OR). Hispanic Information and BPIFH–20000818DEB ...... Petition to Deny ...... Molalla High School ...... 4/2/01 Telecommunications Net- work, Inc. (Portland, OR). Hispanic Information and WLX681 ...... Petition to Deny ...... Molalla High School ...... 4/2/01 Telecommunications Net- work, Inc. (Portland, OR). Hispanic Information and BPLIF–930107DA ...... Petition for Reconsideration ...... 5/21/97 Telecommunications Net- work, Inc. (Santa Fe, New Mexico). Hispanic Information and BPIF–19950523DT ...... Petition for Reconsideration ...... 1/23/97 Telecommunications Net- work, Inc. (Seattle, WA). Hispanic Information and WLX546 ...... Petition for Reconsideration ...... 1/23/97 Telecommunications Net- work, Inc. (Seattle, WA). Hispanic Information and BPIF–19951016AW ...... Application for Review ...... 11/14/97 Telecommunications Net- work, Inc. (Springfield, MA). Hispanic Information and BPIFH20000818AJO ...... Petition to Deny ...... Eastern New England Li- 3/30/01 Telecommunications Net- censee, Inc. work, Inc. (Tiverton, RI). Hispanic Information and WLX690 ...... Petition to Deny ...... Eastern New England Li- 3/30/01 Telecommunications Net- censee, Inc. work, Inc. (Tiverton, RI). Hispanic Information and BPIFH–20000818AJO ...... Petition to Deny ...... Northeastern University ...... 4/2/01 Telecommunications Net- work, Inc. (Tiverton, RI). Hispanic Information and BPIFH–20000818AJO ...... Petition to Deny ...... BCTV, Inc ...... 6/25/01 Telecommunications Net- work, Inc (Tiverton, RI). Hispanic Information and BPLIF–19951016AT ...... Application for Review ...... 11/17/97 Telecommunications Net- work, Inc. (Trenton, NJ). Hispanic Information and BPLIF–19951016BH ...... Petition for Reconsideration ...... 5/11/98 Telecommunications Net- work, Inc. (Winston Salem, NC). Hispanic Information and BPLIF–950523DV ...... Application for Review ...... 1/6/97 Telecommunications Net- work, Inc., (Memphis, TN). Hispanic Information and WLX557 ...... Application for Review ...... 1/6/97 Telecommunications Net- work, Inc., (Memphis, TN). Hydra Communications ...... BRMD–9157865 ...... Petition for Reconsideration ...... 4/12/02 Inforum Communications ...... Waiver Request ...... 10/30/01 Inforum Communications, Inc. BALMD–20010718AAC ...... Petition to Deny ...... Paradise Cable, Inc ...... 8/31/01 and TDI Acquisition Corp. (Sarasota, FL). Inforum Communications, Inc. B408 ...... Petition to Deny ...... Paradise Cable, Inc ...... 8/31/01 and TDI Acquisition Corp. (Sarasota, FL).

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Inforum Communications, Inc. KNSC300 ...... Petition to Deny ...... Paradise Cable, Inc ...... 8/31/01 and TDI Acquisition Corp. (Sarasota, FL). Inforum Communications, Inc. KNSC798 ...... Petition to Deny ...... Paradise Cable, Inc ...... 8/31/01 and TDI Acquisition Corp. (Sarasota, FL). Inforum Communications, Inc. WMI303 ...... Petition to Deny ...... Paradise Cable, Inc ...... 8/31/01 and TDI Acquisition Corp. (Sarasota, FL). Instructional Telecommuni- BPIFH–20000818AKD ...... Petition to Deny ...... Sprint Corp ...... 4/2/01 cations Foundation, Inc. Instructional Telecommuni- BLNPNIF–20020618AAC ...... Petition to Deny ...... WorldCom Broadband Solu- 8/22/02 cations Foundation, Inc. tions, Inc.; Northwest Com- munications, Inc. Instructional Telecommuni- WHR527 ...... Petition to Deny ...... WorldCom Broadband Solu- 8/22/02 cations Foundation, Inc. tions, Inc.; Northwest Com- munications, Inc. Iowa Rural TV, Inc ...... WLW851 ...... Waiver Request ...... 12/16/02 Iowa Rural TV, Inc ...... WMX648 ...... Waiver Request ...... 12/16/02 Iowa Rural TV, Inc ...... WMX649 ...... Waiver Request ...... 12/16/02 JCL El Dorado AR F Grand 54408–CM–P–91 ...... Petition for Reconsideration ...... 5/14/99 Alliance. JCL El Dorado AR F Grand WMY298 ...... Petition for Reconsideration ...... 5/14/99 Alliance. John Mester d/b/a Mester’s BPMD–9200312 ...... Application for Review ...... 2/22/00 TV. John Mester d/b/a Mester’s BPMD–9200313 ...... Application for Review ...... 2/22/00 TV. Judith K. Vega ...... 50444–CM–P–92 ...... Petition for Reconsideration ...... 3/1/93 Kannew Broadcast Tech- BRMD–20010329AGA ...... Petition to Deny ...... Pegasus Communications 8/2/01 nologies (Augusta, ME). Portfolio Holdings, Inc.. Kannew Broadcast Tech- WMI878 ...... Petition to Deny ...... Pegasus Communications 8/2/01 nologies (Augusta, ME). Portfolio Holdings, Inc.. Lehigh Valley Mobile Tele- 59659–CM–AL–91 ...... Application for Review ...... 3/20/92 phone Company. Line of Site, Inc ...... CIP–92–00221 ...... Application for Review ...... 7/17/00 Line of Site, Inc ...... CIP–92–00414 ...... Application for Review ...... 7/17/00 Line of Site, Inc ...... WHT721 ...... Informal objection ...... Clark County School District .. 10/16/01 Lois Hubbard ...... BMAMDIH–20010129ADM .... Petition to Deny ...... 3/30/01 Lynchburg MDS, LLC (Lynch- BLMPD–9650880 ...... Waiver Request ...... 8/30/01 burg, VA). Lynchburg MDS, LLC (Lynch- WMI288 ...... Waiver Request ...... 8/30/01 burg, VA). MDS Digital Network, Inc. BRMD–20010330ADO ...... Petition to Deny ...... Southern Wireless Video, Inc 8/1/01 (Los Angeles, CA). MDS Digital Network, Inc. BRMD–20010330AHV ...... Petition to Deny ...... Southern Wireless Video, Inc 8/1/01 (Los Angeles, CA). MDS Digital Network, Inc. BRMD–20010330AHW ...... Petition to Deny ...... Southern Wireless Video, Inc 8/1/01 (Los Angeles, CA). MDS Digital Network, Inc. KF179 ...... Petition to Deny ...... Southern Wireless Video, Inc 8/1/01 (Los Angeles, CA). MDS Digital Network, Inc. KFF79 ...... Petition to Deny ...... Southern Wireless Video, Inc 8/1/01 (Los Angeles, CA). MDS Digital Network, Inc. WPY40 ...... Petition to Deny ...... Southern Wireless Video, Inc 8/1/01 (Los Angeles, CA). Mesa Unified School District BPLIF–19951020QF ...... Petition to Deny ...... Instructional Telecommuni- 9/8/97 #4. cations Foundation, Inc. Michael Reed, Joseph 53346–CM–P–92 ...... Application for Review ...... 6/12/00 Hemenway, and James Larsen. Michael Reed, Joseph 53347–CM–P–92 ...... Application for Review ...... 6/12/00 Hemenway, and James Larsen. Michael Reed, Joseph 53348–CM–P–92 ...... Application for Review ...... 6/12/00 Hemenway, and James Larsen. Michigan Center School Dis- 920717DA ...... Informal Objection ...... Hillside Community College ... 2/5/92 trict. Microband Corp. of America BRMD–9157851 ...... Informal objection ...... 9/29/99 (Portland, OR). Microband Corp. of America BRMD–20010402AEM ...... Informal objection ...... 9/29/99 (Portland, OR). Microband Corp. of America WPY39 ...... Informal objection ...... 9/29/99 (Portland, OR).

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Microband Corp. of America BRMD–20010402AEM ...... Petition to Deny ...... 12/20/01 (Portland, OR). Microband Corp. of America BRMD–9157851 ...... Petition to Deny ...... 12/20/01 (Portland, OR). Microband Corp. of America WPY39 ...... Petition to Deny ...... 12/20/01 (Portland, OR). MMDS, Inc ...... 2497–CM–P–83 ...... Application for Review ...... 9/8/93 Morningstar Educational Net- BPLIF–19951020EI ...... Petition to Deny ...... Hispanic Information and 9/5/97 work. Telecommunications Net- work, Inc. Mount Pleasant Partners BPMD–9161246 ...... Application for Review ...... 2/22/00 (Alpha and Beta). Mount Pleasant Partners BPMD–9161247 ...... Application for Review ...... 2/22/00 (Alpha and Beta). MWTV, Inc ...... WMH652 ...... Petition for Relief ...... Philip C. Merrill ...... 12/12/97 MWTV, Inc ...... WLW938 ...... Petition for Reconsideration ...... 9/17/01 MWTV, Inc ...... BPMD–8310238 ...... Petition for Reconsideration ...... 9/17/01 MWTV, Inc ...... BMPMD–9253169 ...... Petition for Reconsideration ...... 9/17/01 National Television Co ...... WHT664 ...... Waiver Request ...... 8/30/02 National Television Co. (Jack- BEMD–9650559 ...... Petition for Relief ...... Wireless One of North Caro- 8/4/01 sonville, NC). lina, Inc. National Television Co. (Jack- WMH601 ...... Petition for Relief ...... Wireless One of North Caro- 8/4/01 sonville, NC). lina, Inc. NDW, Inc ...... 50803–CM–P–93 ...... Petition for Reconsideration ...... 5/31/96 North American Catholic Edu- BPLIF–19951020LE ...... Petition for Relief ...... 5/30/00 cational Programming Foundation, Inc. North American Catholic Edu- BPLIF–19951020RL ...... Petition for Relief ...... 5/30/00 cational Programming Foundation, Inc. North American Catholic Edu- BPIFH–20000818DLA ...... Petition to Deny ...... Sprint Corp ...... 4/2/01 cational Programming Foundation, Inc. North American Catholic Edu- BPIFH–20010420AER ...... Petition to Deny England Li- Eastern New ...... 4/10/02 cational Programming censee, Inc. Foundation, Inc. North American Catholic Edu- WNC521 ...... Petition to Deny ...... Eastern New England Li- 4/10/02 cational Programming censee, Inc. Foundation, Inc. Norwich University ...... BPLIF–911008DD ...... Petition to Deny ...... Satellite Signals of New Eng- 1/13/92 land, Inc. Nucentrix Spectrum Re- 50905–CM–MP–96 ...... Petition for Reconsideration ...... 12/4/00 sources, Inc. Nucentrix Spectrum Re- WMX716 ...... Petition for Reconsideration ...... 12/4/00 sources, Inc. Nucentrix Spectrum Re- BPMD–20010802AAA ...... Petition to Deny ...... Gary Golden ...... 9/7/01 sources, Inc. (Longview, TX). Nucentrix Spectrum Re- BPMD–20010802AAB ...... Petition to Deny ...... Gary Golden ...... 9/7/01 sources, Inc. (Longview, TX). Nucentrix Spectrum Re- 51618–CM–MP–96 ...... Petition for Reconsideration ...... 12/4/00 sources, Inc. (Woodward, OK B Group). Nucentrix Spectrum Re- WMX712 ...... Petition for Reconsideration ...... 12/4/00 sources, Inc. (Woodward, OK B Group). Oklahoma State Regents for BPLIF–19951020JM ...... Petition for Reconsideration ...... 8/8/97 Higher Education. Oklahoma Western Tele- BPMD–9201637 ...... Application for Review ...... 5/21/98 phone Co. Oregon State University ...... BMPLIF–19961223FN ...... Petition for Reconsideration ...... 3/5/98 Oregon State University ...... WNC718 ...... Petition for Reconsideration ...... 3/5/98 Provo School District ...... BPLIF–19951020SN ...... Petition to Deny ...... Instructional Telecommuni- 7/11/97 cations Foundation, Inc. Raleigh, North Carolina D BPLIF–19951020BD ...... Petition for Relief ...... 6/30/00 Group Settlement. Raleigh, North Carolina D BPLIF–19951020HD ...... Petition for Relief ...... 6/30/00 Group Settlement. Raleigh, North Carolina G BPLIF–19981028DY ...... Petition for Relief ...... 1/12/99 Group Settlement. Reid Institute ...... BPLIF–19951020HN ...... Petition to Deny ...... Instructional Telecommuni- 7/11/97 cations Foundation, Inc.

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Richmond Hill Christian Acad- BPLIF–951020PH ...... Petition to Deny ...... The Board of Public Edu- 8/6/98 emy. cation for the City of Sa- vannah and County of Chatham and Wireless Cable of Florida, Inc. Robert Walser ...... 50054–CM–P–98 ...... Petition to Deny ...... Hispanic Information and 5/15/98 Telecommunications Net- work, Inc. Ronald Abboud ...... WLW992 ...... Petition for Relief ...... Wireless Entertainment Net- 7/30/92 work, Inc. and Line of Site, Inc. San Diego MDS Company ..... 57950–CM–R–91 ...... Petition for Reconsideration ...... 7/1/96 San Diego MDS Company ..... WHT559 ...... Petition for Reconsideration ...... 7/1/96 Satellite Signals of New Eng- ...... Waiver Request ...... 4/26/99 land, Inc. School Board of Dade Coun- BMPLIF–19930616DV ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- BMPLIF–19950407DG ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- BMPLIF–19950515DA ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- BMPLIF–19950515DL ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- BMPLIF–19950515DM ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- BMPLIF–19950707FA ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- KTB84 ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- WHA956 ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- WHG230 ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- WHR790 ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Dade Coun- WHR866 ...... Informal objection ...... Wireless Broadcasting Sys- 7/14/95 ty, et al. tems of America, Inc. School Board of Palm Beach BALIF–9550758 ...... Waiver Request ...... 5/24/95 County FL. School Board of Palm Beach KZB30 ...... Waiver Request ...... 5/24/95 County FL. Shekinah Network ...... BPLIF–951018AA ...... Petition to Deny ...... Unified School District #273 .. 6/11/98 Shekinah Network ...... BPIF–19951019BJ ...... Petition to Deny ...... CAI Wireless Systems, Inc .... 12/8/98 Shekinah Network ...... BPIF–19951020QR ...... Application for Review ...... 8/23/99 Skagit Valley College ...... BPLIF–951020XD ...... Petition to Deny ...... 7/10/97 Southern Wireless Video, Inc 9950144 ...... Petition to Deny ...... DCT Los Angeles, LLC ...... 2/19/99 Southern Wireless Video, Inc WPW94 ...... Petition to Deny ...... DCT Los Angeles, LLC ...... 2/19/99 Southland C–9 School District BMPLIF–920228DD ...... Petition for Reconsideration ...... 12/17/02 Stephanie Engstrom ...... BMAMDIH–20010129ADI ...... Petition to Deny ...... Sherry Rullman and American 3/30/01 Telecasting of Seattle, Inc. Technical Trade Institute ...... 9501020SH ...... Informal Objection ...... Hispanic Information and 6/16/97 Telecommunications Net- work, Inc. Tekkom, Inc ...... 50301–CM–P–83 ...... Petition for Reconsideration ...... 1/16/96 Tel-Com Wireless ...... Waiver Request ...... 4/29/99 Tex-Star Wireless Commu- BLMD–9350779 ...... Petition for Relief ...... Heartland Wireless Commer- 2/25/97 nications. cial. Tex-Star Wireless Commu- BLMD–9350780 ...... Petition for Relief ...... Heartland Wireless Commer- 2/25/97 nications. cial Channels, Inc. Tex-Star Wireless Commu- BLMD–9450245 ...... Petition for Relief ...... Heartland Wireless Commer- 2/25/97 nications. cial Channels, Inc. Tex-Star Wireless Commu- WMI373 ...... Petition for Relief ...... Heartland Wireless Commer- 2/25/97 nications. cial Channels, Inc. Tex-Star Wireless Commu- WMI377 ...... Petition for Relief ...... Heartland Wireless Commer- 2/25/97 nications. cial Channels, Inc. Tex-Star Wireless Commu- WNTK882 ...... Petition for Relief ...... Heartland Wireless Commer- 2/25/97 nications. cial Channels, Inc. Tex-Star Wireless Commu- BRMD–20010430AAE ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 nications. cial Channels, Inc. Tex-Star Wireless Commu- BRMD–20010430AAF ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 nications. cial Channels, Inc. Tex-Star Wireless Commu- BRMD–20010430AAD ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 nications. cial Channels, Inc.

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Tex-Star Wireless Commu- WMI373 ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 nications. cial Channels, Inc. Tex-Star Wireless Commu- WMI377 ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 nications. cial Channels, Inc. Tex-Star Wireless Commu- WNTK882 ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 nications. cial Channels, Inc. The School Board of Dade BMPLIF–950915HW ...... Petition to Deny ...... 11/1/96 County, Florida. The School Board of Dade WTB85 ...... Petition to Deny ...... 11/1/96 County, Florida. Trans Video Communications BPIF20000818CJV ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications KNZ69 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications BPIFH–20000818BYE ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, BMPLIF–19950728ER ...... Petition to Deny ...... Grand MMDS Alliance New 9/27/95 Inc. York F/P Partnership. Trans Video Communications, KNZ70 ...... Petition to Deny ...... Roman Catholic Diocese of 9/27/95 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, BMPIF–19950914MF ...... Petition to Deny ...... Grand MMDS Alliance New 1/11/96 Inc. York F/P Partnership. Trans Video Communications, KVS31 ...... Petition to Deny ...... Roman Catholic Diocese of 1/11/96 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, BMLIF–19870429DF ...... Petition for Relief ...... Grand MMDS Alliance New 3/14/96 Inc. York F/P Partnership. Trans Video Communications, KNZ69 ...... Petition for Relief ...... Grand MMDS Alliance New 3/14/96 Inc. York F/P Partnership. Trans Video Communications, BPIFH20000818CGV ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, KNZ69 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, KNZ70 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, KRS81 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, KRS82 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, KVS31 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, KZE20 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trans Video Communications, WHR691 ...... Petition to Deny ...... Roman Catholic Diocese of 4/2/01 Inc. Rockville Centre; Grand MMDS Alliance New York F/P Partnership. Trocki Hebrew Academy of BPLIF–951020BH ...... Petition to Deny ...... 5/6/98 Atlantic County. Trocki Hebrew Academy of WHR527 ...... Petition to Deny ...... 5/6/98 Atlantic County.

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Applicant/licensee File No./call sign Pleading type Petitioner (if not applicant) Filing date

Twiggs County High School ... WNC324 ...... Petition to Deny ...... Baldwin County School Sys- 4/30/98 tem. Twiggs County Middle School WLX666 ...... Petition to Deny ...... 4/30/98 University of Massachusetts .. BPLIF–19951020GF ...... Petition for Reconsideration .. Georgia College—Macon 10/14/97 Campus and The Informa- tion Resource Center. University of North Carolina BPIF–19951020B9 ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020GC ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020IU ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020LO ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020LX ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020MJ ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020ML ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020MN ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020RF ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020RQ ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020SL ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). University of North Carolina BPIF–19951020TX ...... Petition for Relief ...... 6/30/00 Wilmington, et al. (Jackson- ville, NC settlement). Via/Net Companies ...... WHJ942 ...... Petition for Relief ...... Paging Systems, Inc ...... 10/30/97 Via/Net Companies ...... 50904–CM–P–97 ...... Petition for Relief ...... 10/30/97 Views on Learning, Inc ...... BPLIF–19930122DD ...... Petition for Relief ...... Paging Systems, Inc ...... 1/11/99 Views on Learning, Inc ...... BPLIF–19931230EH ...... Petition for Relief ...... 1/11/99 Virginia Communications ...... Waiver Request ...... 10/7/02 Walter Communications, Inc .. 15810–CM–P–83 ...... Petition for Reconsideration ...... 6/4/93 Western New Mexico Univer- BMPLIF–951019BL ...... Petition to Deny ...... Hispanic Information and 7/17/97 sity. Telecommunications Net- work, Inc. WYSE Wireless Partnership .. 53037–CM–P–90 ...... Application for Review ...... 7/8/96

[FR Doc. 03–8619 Filed 4–9–03; 8:45 am] Transportation Intermediaries, effective License Number: 16644N. BILLING CODE 6712–01–P on the corresponding date shown below: Name: Cargo Management License Number: 16473N. International. Name: Actway Express Inc. Address: 19113 So. Hamilton Ave, Address: 14261 East Don Julian Road, Gardena, CA 90248. FEDERAL MARITIME COMMISSION City of Industry, CA 91746. Date Revoked: February 27, 2003. Date Revoked: May 3, 2001. Reason: Surrendered license Ocean Transportation Intermediary voluntarily. License Revocations Reason: Failed to maintain a valid bond. License Number: 3665NF. The Federal Maritime Commission License Number: 16571N. Name: Geotrans International, Inc. hereby gives notice that the following Name: Arrow Worldwide Logistics, Address: 17120 Valley View Ave., La Ocean Transportation Intermediary Inc. Mirada, CA 90638. licenses have been revoked pursuant to Address: 137 Eucalyptus Drive, Suite Date Revoked: January 28, 2003. section 19 of the Shipping Act of 1984 P, El Segundo, CA 20573. Reason: Surrendered license (46 U.S.C. app. 1718) and the Date Revoked: March 12, 2003. voluntarily. regulations of the Commission Reason: Failed to maintain a valid License Number: 2197F. pertaining to the licensing of Ocean bond. Name: I.F.T.C., Inc.

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Address: 1401 NW 78th Ave., Suite Date Revoked: January 6, 2003. FEDERAL MARITIME COMMISSION 300, Miami, FL 33126. Reason: Surrendered license Date Revoked: March 14, 2003. voluntarily. Ocean Transportation Intermediary Reason: Failed to maintain a valid License Number: 17768NF. License Reissuances bond. Name: United Shipping Services, Inc. License Number: 11296N. Address: 2121 W. Mission Road, Notice is hereby given that the Name: Master Air Cargo, Inc. #307, Alhambra, CA 91803. following Ocean Transportation Address: 1840 NW 95th Ave., Miami, Date Revoked: March 1, 2003. Intermediary licenses have been FL 33172. Reason: Surrendered license reissued by the Federal Maritime Date Revoked: March 27, 2003. voluntarily. Commission pursuant to section 19 of Reason: Failed to maintain a valid License Number: 156NF. the Shipping Act of 1984, as amended bond. Name: W.M. Stone & Company, by the Ocean Shipping Reform Act of Incorporated. License Number: 2006F. 1998 (46 U.S.C. app. 1718) and the Name: Kenehan International Address: 838 Granby Street, Norfolk, VA 23510. regulations of the Commission Services, Inc. pertaining to the licensing of Ocean Address: 6020 S. Spencer Street, Suite Date Revoked: March 24, 2003. Reason: Surrendered license Transportation Intermediaries, 46 CFR A1, Las Vegas, NV 89119. voluntarily. 515. Date Revoked: March 10, 2003. Reason: Failed to maintain a valid Dated: April 14, 2003. bond. Sandra L. Kusumoto, License Number: 4448NF. Director, Bureau of Consumer Complaints Name: Pum Yang Express U.S.A., Inc. and Licensing. Address: 425 Victoria Terrace, [FR Doc. 03–8696 Filed 4–9–03; 8:45 am] Ridgefield, NJ 07657. BILLING CODE 6730–01–P

License No. Name/Address Date reissued

15893N ...... Altamar Shipping Services, Inc., 1701 N. 20th Street, Tampa, FL 33605 ...... February 7, 2003. 13290N ...... Argosy Transport, Inc., 5572 Lutford Circle, Westminister, CA 92683 ...... March 5, 2003. 14519N ...... Classic Cargo International, Inc., 6414A S. Howell Avenue, Oak Creek, WI 53154 ...... February 23, 2003. 15696N ...... ENC, Inc. 15606 Broadway Center, Gardena, CA 90248 ...... February 7, 2003. 14169N ...... Expedited Transportation Services, Inc., 2169 W. Park Court, Suite 0, Stone Mountain, GA 30087 .. February 17, 2003. 17080N ...... General Cargo & Logistics, 2700 W. 182nd Street, Suite 100, Torrance, CA 90504 ...... February 23, 2002. 11950N ...... Intermodal Logistics Systems, 19401 S. Main Street, Unit #102, Gardena, CA 90248 ...... February 14, 2003. 3779F ...... L & E International Services, Inc., 380 W. 78th Road, Hialeah, FL 33014 ...... October 26, 2002. 4185F ...... Southern Winds International, 1780 Wipple Road, Suite 206, Union City, Ca 96587 ...... February 26, 2003. 15255N ...... Triways Shipping Lines, Inc., 11938 S. La Cienega Blvd., Hawthorne, CA 90250 ...... February 6, 2003. 4642F ...... Varko International, Corp., 7700 NW 73rd Court, Medley, FL 33166 ...... February 7, 2003. 2813F ...... Vital International Freight Services, Inc., 5200 W. Century Blvd., Susite 290, Los Angles, CA 90045 March 1, 2003. 2674F ...... World Express Cargo, Inc., 12612 Executive Drive, #700, Stafford, TX 77477 ...... December 8, 2002.

Dated: April 4, 2003. On the Internet. Address: http:// DEPARTMENT OF HEALTH AND Sandra L. Kusumoto, www.gsa.gov/forms; or HUMAN SERVICES Director, Bureau of Consumer Complaints From Form-CAP, Attn.: Barbara Centers for Disease Control and and Licensing. Williams, (202) 501–0581 [FR Doc. 03–8695 Filed 4–9–03; 8:45 am] Prevention FOR FURTHER INFORMATION CONTACT BILLING CODE 6730–01–P : Ms. [30DAY–38–03] Barbara Williams, General Services Administration, (202) 501–0581 for Agency Forms Undergoing Paperwork GENERAL SERVICES availability of the form and Lois Reduction Act Review Holland, Department of the Treasury, ADMINISTRATION The Centers for Disease Control and (202) 622–1563 for any other Prevention (CDC) publishes a list of Office of Management Services; information. information collection requests under Revision of a Standard Form by the review by the Office of Management and Department of the Treasury DATES: Effective April 10, 2003. Budget (OMB) in compliance with the Dated: April 1, 2003. AGENCY: Office of Management Services, Paperwork Reduction Act (44 U.S.C. GSA. Barbara M. Williams, chapter 35). To request a copy of these ACTION: Notice. Deputy Standard and Optional Forms requests, call the CDC Reports Clearance Management Officer, General Services Officer at (404) 498–1210. Send written SUMMARY: The Department of the Administration. comments to CDC, Desk Officer, Human Treasury revised part D of the SF 329, [FR Doc. 03–8841 Filed 4–9–03; 8:45 am] Resources and Housing Branch, New Administrative Wage Garnishment to: BILLING CODE 6820–34–M Executive Office Building, Room 10235, a. Collect additional information on Washington, DC 20503. Written the employer; and comments should be received within 30 b. Authorize form for local days of this notice. reproduction. Proposed Project: National Survey of You can obtain the updated camera State Endoscopic Capacity—New— copy in two ways: National Center for Chronic Disease

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Prevention and Health Promotion of people currently unscreened. The information on the types of health care (NCCDPHP), Centers for Disease Control data from the SECAP study will be providers who are performing CRC and Prevention (CDC). CDC proposes to analyzed at the national and regional screening and follow-up examinations, conduct a study to provide a state-level level. In response to state requests, CDC the equipment currently being used for assessment of the current capacity to would like to assist states in assessing screening and follow-up examinations, conduct colorectal cancer (CRC) the state-level capacity to provide and current reimbursement rates for screening and follow-up examinations colorectal cancer (CRC) screening and these tests. The results of the analysis for average risk persons aged 50 and follow-up examinations to appropriate will be used to (1) identify state-level older. CDC has already conducted the persons. deficits in the medical infrastructure, (2) ‘‘National Survey of Endoscopic The proposed study will be guide the development of state-level Capacity (SECAP)’’. The tasks involved conducted through the implementation training initiatives and educational in this national capacity assessment of a survey which will be mailed to a programs for health care providers, and included creating a list of all health care random sample of providers known to (3) provide critical baseline information providers who own and use endoscopes possess flexible sigmoidoscopes and for state policy makers for the planning for CRC screening and diagnostic colonoscopes in three states. The of state-level initiatives to increase follow-up; developing and sampling frame includes all types of colorectal cancer screening. CDC is administering a survey instrument to physician specialists and health care currently in the process of selecting health care providers across the country providers who own lower endoscopic participating states through a who own lower GI endoscopes; and equipment and may be screening for competitive process. The annualized developing a tool to assess the number CRC. The survey will provide estimated burden is 688 hours.

No. of re- Avg. burden Respondents No. of sponses/ per response respondents respondent (in hours)

Screening Call: ...... Year 1 (3 states) ...... 969 1 5/60 Year 2 (6 states) ...... 1,940 1 5/60 Year 3 (6 states) ...... 1,940 1 5/60 Annualized screening calls *1,616 ...... Mail Survey: Year 1 (3 states) ...... 797 1 25/60 Year 2 (6 states) ...... 1,595 1 25/60 Year 3 (6 states) ...... 1,595 1 25/60 Annualized mail survey *1,329 ...... *Average number of respondents per year.

Dated: April 4, 2003. Clearance Officer on (404) 498–1210. for Disease Control and Prevention Tom Bartenfeld, CDC is requesting an emergency (CDC). The purpose of this project is to Acting Associate Director for Policy, Planning clearance for this data collection with a respond to an outbreak of unknown and Evaluation, Centers for Disease Control two week public comment period. CDC etiology in the United States and and Prevention. is requesting OMB approval of this abroad. Since late February 2003, CDC [FR Doc. 03–8747 Filed 4–9–03; 8:45 am] package 7 days after the end of the has been supporting the World Health BILLING CODE 4163–18–P public comment period. Organization (WHO) in the investigation Comments are invited on: (a) Whether of a multicountry outbreak of atypical the proposed collection of information pneumonia of unknown etiology. The DEPARTMENT OF HEALTH AND is necessary for the proper performance illness is being referred to as severe HUMAN SERVICES of the functions of the agency, including acute respiratory syndrome (SARS). By whether the information shall have March 2003, cases of SARS were Centers for Disease Control and practical utility; (b) the accuracy of the reported in the U.S. among travelers Prevention agency’s estimate of the burden of the with a travel history to one or more of proposed collection of information; (c) [60Day–03–57] the three provinces in Asia where the ways to enhance the quality, utility, and SARS outbreak was first reported. Proposed Data Collections Submitted clarity of the information to be In order to investigate this outbreak in for Public Comment and collected; and (d) ways to minimize the the U.S., several collections of Recommendations burden of the collection of information on respondents, including through the information are required. Currently, In compliance with the requirement use of automated collection techniques CDC is collecting this information under of section 3506(c)(2)(A) of the or other forms of information an Epidemic Aid (epi-aid) which will Paperwork Reduction Act of 1995 for technology. Send comments to Seleda expire in 30 days. To preserve opportunity for public comment on M. Perryman, CDC Assistant Reports continuity in the surveillance proposed data collection projects, the Clearance Officer, 1600 Clifton Road, information collected by public health Centers for Disease Control and MS–D24, Atlanta, GA 30333. Written investigators, CDC is requesting a 6- Prevention (CDC) will publish periodic comments should be received within 14 month emergency clearance on the summaries of proposed projects. To days of this notice. current surveillance forms. The request more information on the Proposed Project: Severe Acute information collected includes contact proposed projects or to obtain a copy of Respiratory Syndrome (SARS) Outbreak information for travelers on a flight with the data collection plans and Investigation—New—National Center a person or persons suspected of having instruments, call the CDC Reports for Infectious Diseases (NCID), Centers SARS, health care work exposures, and

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case report forms. There is no cost to the respondent.

Avg. bur- Number of Number of den/re- Total bur- Form Respondent respondents responses/ sponse (in den hours respondent hrs)

International SARS case reports ...... Caseworker 500 1 30/60 250 SARS contact information ...... Airline pas- 3,000 1 5/60 250 sengers. SARS retrospective exposure form ...... Quarantine 1,000 1 5/60 83 inspector. SARS screening form ...... Health care 330 1 10/60 55 workers. Health care worker exposure form ...... Health care 500 1 20/60 167 workers. Unprotected HCW form ...... Health care 500 1 20/60 167 workers. SARS case Report intake form ...... Health care 750 1 1 750 workers/ epi- demiolo- gists.

Total ...... 1,722

Dated: April 4, 2003. DEPARTMENT OF HEALTH AND infectious disease, and other major Thomas Bartenfeld, HUMAN SERVICES public health threats and emergencies. Acting Associate Director for Policy, Planning Measurable outcomes of the program and Evaluation, Centers for Disease Control Centers for Disease Control and will be in alignment with the following and Prevention. Prevention performance goal for the CDC Public [FR Doc. 03–8748 Filed 4–9–03; 8:45 am] Health Practice Program Office BILLING CODE 4163–18–P [Program Announcement 03048] (PHPPO): Prepare state and local health systems, departments and laboratories Cooperative Agreement for to respond to current and emerging DEPARTMENT OF HEALTH AND Collaborating Centers for Public Health public health threats. HUMAN SERVICES Law; Notice of Availability of Funds C. Eligible Applicants Centers for Disease Control and Application Deadline: June 9, 2003. Applications may be submitted by public and private nonprofit Prevention A. Authority and Catalog of Federal organizations and by governments and Domestic Assistance Number [Program Announcement 03022] their agencies; that is, universities, This program is authorized under colleges, technical schools, research Chronic Disease Prevention and Health sections 301 and 311 of the Public institutions, public health and Promotion Programs; Notice of Health Service Act, [42 U.S.C. sections healthcare organizations, community- Availability of Funds; Amendment 241, 242, and 243], as amended. The based organizations, faith-based A notice announcing the availability Catalog of Federal Domestic Assistance organizations, and other public and of fiscal year (FY) 2003 funds for a number is 93.283. private nonprofit organizations, state and local governments or their bona fide cooperative agreement program for B. Purpose Chronic Disease Prevention and Health agents, including the District of The Centers for Disease Control and Promotion Programs published in the Columbia, the Commonwealth of Puerto Prevention (CDC) announces the Federal Register on January 23, 2003, Rico, the Virgin Islands, the availability of fiscal year (FY) 2003 Volume 68, Number 15, pages 3326– Commonwealth of the Northern Mariana funds for a cooperative agreement for 3359. The notice is amended as follows: Islands, American Samoa, Guam, the Collaborating Centers for Public Health On page 3326, in the third column, the Federated States of Micronesia, the Law. This program addresses the first paragraph should read: Republic of the Marshall Islands, and ‘‘Healthy People 2010’’ focus area Applications will be due on April 14, the Republic of Palau, federally Public Health Infrastructure. 2003. On page 3355, in the second recognized Indian tribal governments, column, Section H., paragraph three The purpose of this program is to Indian tribes, or Indian tribal should read: The application must be establish two or more centers for public organizations. CDC specifically received by 4 p.m. Eastern Time April health preparedness in public health encourages applications from consortia 14, 2003. law (‘‘centers’’) to improve the that include accredited schools of contribution that law makes to the public health or medicine, accredited Dated: April 4, 2003. health of the public and to the schools of law, and organizations that Sandra R. Manning, performance of the public health serve the legal and/or law enforcement Director, Procurement and Grants Office, system. The highest priority will be on communities. Centers for Disease Control and Prevention. the contribution law makes to Note: Title 2 of the United States Code [FR Doc. 03–8751 Filed 4–9–03; 8:45 am] preventing, preparing for, and section 1611 states that an organization BILLING CODE 4163–18–P responding to terrorism, outbreaks of described in section 501(c)(4) of the Internal

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Revenue Code that engages in lobbying application for each goal area. Each With respect to goal 3, recipient activities is not eligible to receive Federal such application will be evaluated activities will be to: funds constituting an award, grant or loan. separately. CDC reserves the right to a. Identify organizations in the legal make an award to an applicant for community currently or potentially D. Funding activity in one goal area, but not in active in improving the contribution law Availability of Funds another. makes to the health of the public; for In conducting activities to achieve the this purpose the ‘‘legal community’’ Approximately $500,000 is available purpose of this program, the recipient includes health attorneys, law in FY 2003 to fund approximately two will be responsible for the activities enforcement agencies, the judiciary, or more awards. It is expected that the listed in 1. Recipient Activities, and legal education and training average award will be approximately CDC will be responsible for the institutions, legal professional $165,000 ranging from $100,000 to activities listed in 2. CDC Activities. associations, and related organizations. $250,000. It is expected that the awards b. Assess the capacity of those will begin on or about September 1, 1. Recipient Activities organizations to make such 2003, and will be made for a 12-month With respect to goal 1, recipient contributions and identify gaps between budget period within a project period of activities will be to: their existing and needed capacities. up to three years. Funding estimates a. Conduct analyses of public health c. Develop (by December 31, 2003) a may change. legal issues (see guidance in the Content plan to assist those organizations in Continuation awards within an section of this announcement). improving their capacity; and revise that approved project period will be made b. Implement the information plan as needed thereafter. on the basis of satisfactory progress as improvement plan submitted in your d. Assist those organizations to evidenced by required reports and the application to improve the quality, improve their capacity through availability of funds. accessibility, and utility for public consultation, technical assistance, health practitioners of information Recipient Financial Participation training, and other activities. relevant to public health and e. Evaluate the impact of the activities Matching funds are not required for maintained in standardized, electronic, annually. this program. databases (see guidance in the Content 2. CDC Activities E. Program Requirements section of this announcement); and revise that plan as needed thereafter. a. Provide scientific, technical, and Specific goals of the centers will be to: c. Assist other organizations to legal assistance. 1. Provide law-related information to conduct activities like those identified b. In goal area 1, Provide technical public health practitioners, policy in (a) and (b) above. assistance in identifying public health makers, and the legal community in at d. Evaluate the impact of the activities legal issues for analysis, in least two ways: (a) by conducting annually. implementing the plan for improving analyses of public health legal issues; With respect to goal 2, recipient information, and in developing and, separately, (b) by improving the activities will be to: approaches to assisting other quality, accessibility, and utility of a. Review existing statements of core organizations. information relevant to public health competencies in public health law for In goal area 2, Provide technical practitioners and maintained in public health practitioners, public assistance in identifying existing standardized, electronic databases. policy makers, the legal community, statements of competencies, in setting 2. Improve the competencies of public and others whose actions affect the priorities for a plan for a program to health practitioners, public policy health of the public, and assess the need improve achievement of competencies, makers, the legal community, and others for revision of those statements. in setting priorities for training to apply law as an effective tool for b. Assess the extent to which the materials, and in developing approaches public health. groups listed above possess those core to assisting other organizations. 3. Foster partnerships between the competencies. In goal area 3, Provide technical public health practice community and c. Develop a plan (no later than assistance in identifying organizations the legal community (including health December 31, 2003) for a self-sustaining in the legal community suitable for attorneys, law enforcement agencies, the program of training, education, and partnerships, in developing methods for judiciary, legal education and training continuing education suitable for assessing their capacity, in setting institutions; legal professional implementation at multiple priorities for assisting them, and in associations; and related organizations) jurisdictional levels to improve the developing approaches to improving to improve their contribution to achievement of public health law- their capacity. applying law as an effective tool for related competencies by the current and c. Collaborate in identifying public health. future public health workforce, the legal constituencies to be served and in CDC anticipates making awards to community, and others whose actions establishing goals, priorities, strategies, two or more centers. The centers will affect the health of the public; revise timelines, and training materials. not necessarily conduct the same type of that plan as needed thereafter. d. Identify and establish partnerships activities. An eligible applicant may d. Develop curricula, courses, and between the grantees and other apply to conduct activities that address materials, (beginning no later than organizations. goal 1, goal 2, goal 3, or any March 31, 2004) and disseminate e. Collaborate in the evaluation of the combination thereof. However, an training, education, and continuing effectiveness of the collaborative applicant that proposes to conduct education consistent with that plan. activities supported under this activities in more than one goal area e. Assist other organizations in cooperative agreement. must submit a separate application for developing and disseminating such F. Content each goal area. For example, if an training, education and continuing applicant chooses to apply to conduct education consistent with that plan. Letter of Intent (LOI) activities in both goal area 1 and goal f. Evaluate the impact of the A LOI is required for this program. area 2, the applicant must submit one recipient’s activities annually. The Program Announcement title and

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number must appear in the LOI. The practitioners. The information accepted the package with a guarantee narrative should be no more than two improvement plan will identify the for delivery by the closing date and pages, double-spaced, printed on one types and sources of such information time, or (2) significant weather delays or side, with one-inch margins, and the recipient will include in these natural disasters, CDC will upon receipt unreduced 12-point font. Your letter of activities, the methods the recipient will of proper documentation, consider the intent will be used to estimate the use to improve the quality, accessibility, application as having been received by potential reviewer workload and to and utility of that information, the the deadline. avoid conflicts of interest during the resources the recipient will use to Any application that does not meet review. Your letter of intent must conduct these activities, and a calendar the above criteria will not be eligible for include the following information: showing when improved information competition, and will be discarded. The name, address, telephone number, and would be made available to public applicant will be notified of their failure E-mail address of the Principal health practitioners. to meet the submission requirements. Investigator, the identities of other key personnel and participating institutions, G. Submission and Deadline H. Evaluation Criteria and a narrative description of the Letter of Intent (LOI) Submission Letter of Intent proposed project. On or before May 12, 2003, submit the The required Letter of Intent will not Applications LOI to the Grants Management be evaluated or scored. Specialist identified in the ‘‘Where to The Program Announcement title and Application number must appear in the application. Obtain Additional Information’’ section Use the information in the Program of this announcement. Applicants are required to provide measures of effectiveness that will Requirements, Other Requirements, and Application Forms Evaluation Criteria sections to develop demonstrate the accomplishment of the the application content. Your PHS 398 Submit the original and two copies of various identified objectives of the (OMB Number 0925–0001) application PHS 398 (OMB Number 0925–0001) cooperative agreement. Measures of will be evaluated on the criteria listed, (Errata Instruction Sheet for PHS 398 effectiveness must relate to the goals so it is important to follow them in attached). Forms are available at the stated in the Program Requirements laying out your program plan. The following Internet address: http:// section of this announcement. Measures narrative should be no more than 25 www.cdc.gov/od/pgo/forminfo.htm. must be objective and quantitative and pages, single-spaced, printed on one If you do not have access to the must measure the intended outcome. side, with one-inch margins, and 12- Internet, or if you have difficulty These measures of effectiveness shall be point unreduced font. accessing the forms on-line, you may submitted with the application and The narrative should consist of, at a contact the CDC Procurement and shall be an element of evaluation. minimum, the following sections: Grants Office Technical Information A review group appointed by CDC Background and Need; Goals and Management Section (PGO–TIM) at: will evaluate each application against Objectives; Project Management and 770–488–2700. Applications can be the following criteria: mailed to you. Staffing; Methods and Plan of 1. Collaboration Plan (25 points) Operation; Collaboration Plan; Submission Date, Time, and Address Evaluation Plan; and Requested Budget. a. The extent to which the applicant In addition, the narrative contained in The application must be received by presents documented evidence of past applications for activities that address 4 p.m. Eastern Time June 9, 2003. or current experience and collaboration, goal 1 must include the following Submit the application to: or capacity to collaborate, with partners information: Technical Information Management- active in public health practice and a. A description of the public health PA#03048, Procurement and Grants public health law, the legal community, legal issues the applicant tentatively Office, Centers for Disease Control and other relevant entities. proposes to analyze, reasons for and Prevention, 2920 Brandywine b. The extent to which the applicant selecting those issues, and a description Rd., Atlanta, GA 30341–4146. proposes relevant and feasible of ways public health practitioners, Applications may not be submitted collaborations with other organizations policy makers, and the legal community electronically. in conducting the Recipient Activities would apply the results of those and methods for fostering collaboration analyses. CDC Acknowledgement of Application among such organizations. b. A detailed plan for activities the Receipt c. The extent to which the application recipient would conduct to improve the A postcard will be mailed by PGO– includes signed agreements specifying quality, accessibility, and utility for TIM, notifying you that CDC has the roles and responsibilities of each public health practitioners of received your application. organization that will collaborate with information relevant to public health the applicant. and maintained in standardized, Deadline electronic databases. (This is the Letters of intent and applications 2. Project Management and Staffing (20 ‘‘information improvement plan’’ shall be considered as meeting the points) referred to in the Program Requirements deadline if they are received before 4 a. The extent to which the project staff section of this announcement.) This p.m. Eastern Time on the deadline date. is clearly identified, possesses type of information consists, in part, of Any applicant who sends their appropriate skills and knowledge, and information stemming from scholarly application by the United States Postal has clearly described roles. legal research and analysis and review, Service or commercial delivery services b. The extent to which the application as well as information maintained in must ensure that the carrier will be able provides details regarding the level of compilations of statutory and regulatory to guarantee delivery of the application effort and allocation of time for each law and of judicial rulings. This body of by the closing date and time. If an staff position. information currently is largely application is received after closing due c. The extent to which the applicant inaccessible to public health to: (1) Carrier error, when the carrier possesses management and other

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systems to assure successful and 1. The proposed plan for the inclusion AR–15 Proof of Non-Profit Status responsible program implementation. of both sexes and racial and ethnic J. Where to Obtain Additional d. The applicant’s experience in the minority populations for appropriate Information management of resources and representation. production of successful outcomes. 2. The proposed justification when This and other CDC announcements, representation is limited or absent. the necessary applications, and 3. Methods and Plan of Operation (20 3. A statement as to whether the associated forms can be found on the points) design of the study is adequate to CDC Web site, Internet address: http:// a. The soundness of the methods the measure differences when warranted. www.cdc.gov. Click on ‘‘Funding’’ then applicant proposes to use to conduct 4. A statement as to whether the plans ‘‘Grants and Cooperative Agreements’’. each of the Recipient Activities. for recruitment and outreach for study For general questions about this b. The specificity, relevance, and participants include the process of announcement, contact: feasibility of the plan of action the establishing partnerships with Technical Information Management, applicant proposes to take to develop community(ies) and recognition of CDC Procurement and Grants Office, and conduct each of the Recipient mutual benefits. 2920 Brandywine Road, Atlanta, GA Activities. I. Other Requirements 30341–4146, Telephone: 770–488– 4. Goals and Objectives (15 points) 2700. Technical Reporting Requirements For Business management and budget a. The extent to which the application assistance, contact: addresses the center goals listed in the Provide CDC with original plus two Program Requirements section of this copies of: Merlin J. Williams, Grants Management 1. Interim progress report, no less announcement. Specialist, Procurement and Grants b. The extent to which the application than 90 days before the end of the Office, Centers for Disease Control specifies objectives, activities, work budget period. The progress report will and Prevention, 2920 Brandywine projects, and timelines, which are serve as your non-competing Road, Atlanta, GA 30341–4146, supportive of the goals, measurable, and continuation application, and must Telephone number 770–488–2765, E- feasible. contain the following elements: mail address [email protected]. a. Current budget period activities and For program technical assistance, 5. Background and Need (10 points) objectives. contact: The extent to which the applicant b. Current budget period financial Anthony D. Moulton, Ph.D., Public clearly describes the need for, and progress. Health Law Program, Public Health benefits of, the proposed center, c. New budget period program Program Practice Office, Centers for including delineation of target proposed activities and objectives. Disease Control and Prevention, 4770 d. Detailed line-item budget and audiences and benefits that they would Buford Hwy. (K–39), Atlanta, Georgia justification. realize from the center’s activities. e. Additional requested information. 30341–3724, Phone 770–488–2405/ Fax 770–488–2553, E-mail: 6. Evaluation Plan (10 points) 2. Financial status report, no more than 90 days after the end of the budget [email protected]. The extent to which the applicant period. Dated: April 4, 2003. provides a detailed description of the 3. Final financial and performance methods to be used to evaluate program Sandra R. Manning, reports, no more than 90 days after the Director, Procurement and Grants Office, effectiveness, including identification of end of the project period. the variables to be evaluated, Centers for Disease Control and Prevention. Send all reports to the Grants [FR Doc. 03–8746 Filed 4–9–03; 8:45 am] identification of the person(s) or Management Specialist identified in the BILLING CODE 4163–18–P organization(s) that will conduct ‘‘Where to Obtain Additional evaluations, and specification of the Information’’ section of this time line for evaluations. announcement. DEPARTMENT OF HEALTH AND 7. Budget (Not scored) Additional Requirements HUMAN SERVICES The extent to which the budget is The following additional clearly explained, adequately justified, Centers for Disease Control and requirements are applicable to this Prevention reasonable, sufficient for the proposed program. For a complete description of project activities, and consistent with each, see Attachment I of this Centers for Disease Control and the intended use of the cooperative announcement as posted on the CDC Prevention: Meetings agreement funds. Web site. Name: Regional Meetings on CDC’s 8. Human Subjects AR–1 Human Subjects Requirements AR–2 Requirements for Inclusion of Directly Funded Community Based HIV Does the application adequately Women and Racial and Ethnic Prevention Program. address the requirements of title 45 CFR Minorities in Research Times and Dates: 9 a.m. to 5 p.m., part 46 for the protection of human AR–7 Executive Order 12372 Review April 14, 2003. 9 a.m. to 5 p.m., April subjects: Not scored; however, an AR–8 Public Health System Reporting 15, 2003. 9 a.m. to 5 p.m., April 16, application can be disapproved if the Requirements 2003. research risks are sufficiently serious AR–9 Paperwork Reduction Act Place: Westin Chicago River North, and protection against risks is so Requirements 320 North Dearborn, Chicago, Illinois inadequate as to make the entire AR–10 Smoke-free Workplace 60610, phone (312) 329–7024, fax (312) application unacceptable. Requirements 329–7045, Internet address http:// Does the application adequately AR–11 Healthy People 2010 www.westinrivernorth.com. address the CDC Policy requirements AR–12 Lobbying Restrictions Times and Dates: 9 a.m. to 5 p.m., regarding the inclusion of women, AR–13 Prohibition on Use of CDC April 23, 2003. 9 a.m. to 5 p.m., April ethnic, and racial groups in the Funds for Certain Gun Control 24, 2003. 9 a.m. to 5 p.m., April 25, proposed research. This includes: Activities 2003.

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Place: Hyatt Fisherman’s Wharf, 555 Dated: April 3, 2003. Time and Dates: 1:30 p.m.-5:40 p.m., North Point Street, San Francisco, Alvin Hall, April 30, 2003. 8:15 a.m.-3 p.m., May 1, California 94133, phone (415) 563–1234, Director, Management Analysis and Services 2003. fax (415) 563–2218, Internet address Office, Centers for Disease Control and Place: The Westin Peachtree Plaza, http://www.fishermanswharf.hyatt.com. Prevention. 210 Peachtree Street, NW., Atlanta, Times and Dates: 9 a.m. to 5 p.m., [FR Doc. 03–8745 Filed 4–9–03; 8:45 am] Georgia 30303–1745. May 5, 2003. 9 a.m. to 5 p.m., May 6, BILLING CODE 4163–18–P Status: Open to the public, limited 2003. 9 a.m. to 5 p.m., May 7, 2003. only by the space available. Place: Millenium Hotel, 145 West Purpose: The Committee advises and 44th Street, New York, New York 10036, DEPARTMENT OF HEALTH AND makes recommendations to the phone (212) 768–4400, fax (212) 789– HUMAN SERVICES Secretary, Health and Human Services, 7698, Internet address http:// the Director, CDC, and the Director, www.milleniumhotels.com. Centers for Disease Control and NCIPC, regarding feasible goals for the Times and Dates: 9 a.m. to 5 p.m., Prevention prevention and control of injury. The May 20, 2003. 9 a.m. to 5 p.m., May 21, Committee makes recommendations Science and Program Review 2003. 9 a.m. to 5 p.m., May 22, 2003. regarding policies, strategies, objectives, Subcommittee (SPRS) and the Place: Wyndham Miami Beach Resort, and priorities, and reviews progress Advisory Committee for Injury 4833 Collins Avenue, Miami Beach, toward injury prevention and control. Florida 33140, phone (305) 532–3600, Prevention and Control (ACIPC): The Committee provides advice on the fax (305) 534–7409, Internet address Meetings appropriate balance of intramural and http://www.wyndham.com/hotels/ extramural research, and also provides MIAMIB/main.wnt. In accordance with section 10(a)(2) of Status: Open to the public, but the Federal Advisory Committee Act guidance on the needs, structure, limited by the space available. The (Pub. L. 92–463), the Centers for Disease progress and performance of intramural meeting rooms accommodate Control and Prevention (CDC) programs, and on extramural scientific approximately 75 people. Registration is announces the following subcommittee program matters. The Committee free, but required. Forms can be and committee meetings. provides second-level scientific and obtained by e-mailing Name: Science and Program Review programmatic review for applications [email protected]. Additional Subcommittee to ACIPC. for research grants, cooperative agreements, and training grants related information on meeting location is to be Time and Date: 9 a.m.-11:15 a.m., determined. For exact location and all to injury control and violence April 30, 2003. prevention, and recommends approval meeting materials please visit our Web Place: The Westin Peachtree Plaza, site at: http://www.cdc.gov/hiv/ of projects that merit further 210 Peachtree Street, NW., Atlanta, consideration for funding support. The cboconsultation.html. Georgia 30303–1745. Purpose: To bring representatives Committee also recommends areas of from state and local government, Status: Open to the public, limited research to be supported by contracts community based prevention programs, only by the space available. and cooperative agreements and community planning group members Purpose: The Subcommittee provides provides concept review of program and community members together to advice on the needs, structure, progress proposals and announcements. review the current Directly Funded and performance of the National Center Matters to be Discussed: Agenda items Community Based HIV Prevention for Injury Prevention and Control include reports from the Science and Program, capacity building needs and (NCIPC) programs. The Subcommittee Program Review Subcommittee, the recommend strategies on how to address provides second-level scientific and Subcommittee on Intimate Partner the future funding for this program. programmatic review for applications Violence and Sexual Assault (formerly Matters to be Discussed: Agenda items for research grants, cooperative known as the Family and Intimate include plenary presentations, agreements, and training grants related Violence Prevention Subcommittee), interactive small group breakout to injury control and violence and the Working Group on Injury sessions, and discussion groups in prevention, and recommends approval Control and Infrastructure which participants will learn new of projects that merit further Enhancement; an update from the information and work together to consideration for funding support. The Director, NCIPC; introduction to the provide individual recommendations on Subcommittee also advises on priorities National Violent Data Reporting System the future structure and funding for the for research to be supported by (NVDRS); implementation and progress community based program. contracts, grants, and cooperative of NVDRS; using data on violent deaths CONTACT PERSON FOR MORE INFORMATION: agreements, and provides concept to make a difference; how NVDRS fits Sam Martinez, National Center for HIV, review of program proposals and into building state injury programs; STD, and TB Prevention, Division of announcements. introduction to suicide prevention; a HIV/AIDS Prevention, 1600 Clifton Rd., Matters to be Discussed: Agenda items history of CDC’s suicide prevention NE., M/S E–58, Atlanta, GA 30333, of the Subcommittee oversight meeting efforts; national strategy for suicide telephone (404) 639–5219, include status of fiscal year (FY) 2003 prevention; presentations by several [email protected]. request for applications (RFAs), early Federal agencies on their suicide The Director, Management and notification and marketing of RFAs, prevention activities; CDC’s suicide Analysis and Services Office, has been status of FY 2003 Injury Control prevention activities; an update on delegated the authority to sign Federal Research Center (ICRC) RFAs, NCIPC terrorism preparedness and Register Notices pertaining to evaluating the ICRC program, mental response activities; and terrorism and announcements of meetings and other health and terrorism, and dissemination mental health. committee management activities, for research experience with FY 2002 RFA Agenda items are subject to change as both the Centers for Disease Control and and future steps. priorities dictate. Prevention and the Agency for Toxic Name: Advisory Committee for Injury CONTACT PERSON FOR MORE INFORMATION: Substances and Disease Registry. Prevention and Control. Ms. Louise Galaska, Executive

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Secretary, ACIPC, NCIPC, CDC, 4770 7. Infections and Chronic Diseases registration form may be obtained from the Buford Highway, NE., M/S K02, Atlanta, 8. Board meets with Director, CDC NIOSH Homepage (http://www.cdc.gov/ Georgia 30341–3724, telephone 770/ 9. Discussions and Recommendations niosh) by selecting ‘‘Conferences,’’ and then 488–4694. Other agenda items include the event. The Director, Management Analysis announcements/introductions; follow-up on Requests to make presentations at the actions recommended by the Board in public meeting should be mailed to the and Services Office, has been delegated December 2002; consideration of future NIOSH Docket Officer, Robert A. Taft the authority to sign Federal Register directions, goals, and recommendations. Laboratories, M/S C34, 4676 Columbia notices pertaining to announcements of Agenda items are subject to change as Parkway, Cincinnati, Ohio 45226, Telephone meetings and other committee priorities dictate. 513–533–8303, Fax 513–533–8285, E-mail management activities, for both the Written comments are welcome and should [email protected]. All requests to Centers for Disease Control and be received by the contact person listed present should contain the name, address, Prevention and the Agency for Toxic below prior to the opening of the meeting. telephone number, relevant business Substances and Disease Registry. Contact Person for More Information: Tony affiliations of the presenter, a brief summary Johnson, Office of the Director, NCID, CDC, of the presentation, and the approximate time Dated: April 3, 2003. Mailstop E–51, 1600 Clifton Road, NE., requested for the presentation. Oral Alvin Hall, Atlanta, Georgia 30333, e-mail presentations should be limited to 15 Director, Management Analysis and Services [email protected]; telephone 404/498–3249. minutes. Office, Centers for Disease Control and The Director, Management Analysis and After reviewing the requests for Prevention. Services Office, has been delegated the presentations, NIOSH will notify each authority to sign Federal Register notices presenter of the approximate time that their [FR Doc. 03–8744 Filed 4–9–03; 8:45 am] pertaining to announcements of meetings and presentation is scheduled to begin. If a BILLING CODE 4163–18–P other committee management activities, for participant is not present when his or her both the Centers for Disease Control and presentation is scheduled to begin, the Prevention and the Agency for Toxic remaining participants will be heard in order. DEPARTMENT OF HEALTH AND Substances and Disease Registry. At the conclusion of the meeting, an attempt HUMAN SERVICES Dated: April 3, 2003. will be made to allow presentations by any scheduled participants who missed their Centers for Disease Control and Alvin Hall, assigned times. Attendees who wish to speak Prevention Director, Management Analysis and Services but did not submit a request for the Office, Centers for Disease Control and opportunity to make a presentation may be Board of Scientific Counselors, Prevention. given this opportunity at the conclusion of National Center for Infectious [FR Doc. 03–8737 Filed 4–9–03; 8:45 am] the meeting, at the discretion of the presiding Diseases: Meeting BILLING CODE 4163–18–P officer. Comments on the topics presented in this notice and at the meeting should be In accordance with section 10(a)(2) of mailed to the NIOSH Docket Office, Robert A. the Federal Advisory Committee Act DEPARTMENT OF HEALTH AND Taft Laboratories, M/S C34, 4676 Columbia (Pub. L. 92–463), the Centers for Disease HUMAN SERVICES Parkway, Cincinnati, Ohio 45226, Telephone Control and Prevention (CDC) 513–533–8303, Fax 513–533–8285. Centers for Disease Control and Comments may also be submitted by e-mail announces the following committee to [email protected]. E-mail attachments meeting. Prevention should be formatted as WordPerfect 6/7/8/9 Name: Board of Scientific Counselors, National Institute for Occupational or Microsoft Word. Comments should be National Center for Infectious Diseases submitted to NIOSH no later than May 30, (NCID). Safety and Health; Meeting Notice 2003, and should reference docket number, Times and Dates: 9 a.m.–5 p.m., May 1, The National Institute for NIOSH–002, in the subject heading. 2003. 8:30 a.m.–3:30 p.m., May 2, 2003. Occupational Safety and Health Purpose: NIOSH will continue conceptual Place: CDC, Auditorium B, Building 1, discussions of standards and testing 1600 Clifton Road, NE., Atlanta, Georgia (NIOSH) at the Centers for Disease processes for an Escape Respirator standard 30333. Control and Prevention announces the suitable for respiratory protection against Status: Open to the public, limited only by following meeting: CBRN Agents and review ongoing research to the space available. Name: Continue Conceptual Discussions identify simulata materials for use as CBRN Purpose: The Board of Scientific for Escape Respirator Standards Development test surrogates for respirator research. Counselors, NCID, provides advice and Efforts Used for Respiratory Protection NIOSH, along with the U.S. Army Soldier guidance to the Secretary, the Assistant Against Chemical, Biological, Radiological, and Biological Chemical Command Secretary for Health, Director, CDC, and and Nuclear (CBRN) Agents. (SBCCOM) and the National Institute for Director, NCID, in the following areas: Time and Date: 9 a.m.—5 p.m., April 29, Standards and Technology (NIST), will program goals and objectives; strategies; 2003. present information to attendees concerning program organization and resources for Place: Radisson Hotel Pittsburgh Green the concept development for the Escape infectious disease prevention and control; Tree, 101 Radisson Drive, Pittsburgh, Respirator CBRN standard. Participants will and program priorities. Pennsylvania. be given an opportunity to ask questions and Matters to be Discussed: Agenda items will Status: This meeting is hosted by NIOSH to present individual comments for include: and will be open to the public, limited only consideration. Interested participants may 1. Opening Session: NCID Update by the space available. The meeting room obtain the latest copy of the Escape a. Severe Acute Respiratory Syndrome will accommodate approximately 175 people. Respirator CBRN concept paper, as well as b. Methicillin-Resistant Staphylococcus Interested parties should make hotel earlier versions of the concept papers used Aureus reservations directly with the Radisson Hotel during the standard development effort, from c. Malaria Pittsburgh Green Tree (412–922–8400 or the NIOSH contact identified below, or from 2. Bioterrorism Update 800–333–3333) before the cut off date of the NIOSH National Personal Protective 3. Institute of Medicine Emerging April 21, 2003, referencing the NIOSH/ Technology Laboratory (NPPTL) Web site, Infections Report NPPTL Public Meeting. Interested parties address: http://www.cdc.gov/niosh/npptl. 4. Global Health Activities should confirm their attendance to this The April 15, 2003, concept paper will be 5. Emerging Infectious Diseases Journal meeting by completing a registration form used as the basis for discussion at the public 6. Updates and forwarding it by e-mail meeting, as well as forming the basis for the a. Pneumococcal Disease ([email protected]) or fax (304–285– new Escape Respirator CBRN statement of c. Hepatitis 4459) to the Event Management Office. A standard.

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Recent acts of terrorism have created an DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND urgent awareness of domestic security and HUMAN SERVICES HUMAN SERVICES preparedness issues. Municipal, state, and federal responder groups, particularly those Centers for Disease Control and Food and Drug Administration in locations considered potential targets, Prevention [Docket No. 03N–0135] have been developing and modifying response and consequence management Board of Scientific Counselors, Agency Emergency Processing Under plans. Since the World Trade Center and National Institute for Occupational OMB Review; Guidance: Establishing anthrax incidents, most emergency response Safety and Health: Meeting and Maintaining a List of U.S. Dairy agencies have operated with a heightened Product Manufacturers With Interest in appreciation of the potential scope and In accordance with section 10(a)(2) of Exporting to Chile sustained resource requirements for coping the Federal Advisory Committee Act with such events. The Federal Interagency (Pub. L. 92–463), the Centers for Disease AGENCY: Food and Drug Administration, Board for Equipment Standardization and Control and Prevention (CDC) HHS. Interoperability (IAB) has worked to identify announces the following committee ACTION: Notice. personal protective equipment that is already meeting: available on the market for responders’ use. SUMMARY: The Food and Drug The IAB has identified the development of Name: Board of Scientific Counselors, Administration (FDA) is announcing standards or guidelines for respiratory National Institute for Occupational Safety that a proposed collection of protection equipment as a top priority. and Health (BSC, NIOSH). information has been submitted to the NIOSH, NIST, National Fire Protection Time and Date: 9 a.m.–2:45 p.m., April 30, Office of Management and Budget Association, and the Occupational Safety and 2003. (OMB) for emergency processing under Health Administration have entered into a Place: The Washington Court, 525 New the Paperwork Reduction Act of 1995 Memorandum of Understanding defining Jersey Avenue, NW., Washington, DC 20001– (the PRA). FDA is preparing a guidance each agency’s or organization’s role in 1527, telephone 202/879–7918, fax 202/879– document intended to notify the public developing, establishing, and enforcing 7918. of procedures being implemented by the standards or guidelines for responders’ Status: Open to the public, limited only by agency to assist U.S. firms that wish to respiratory protective devices. NIST has the space available. The meeting room export dairy products to Chile. FDA is initiated Interagency Agreements with accommodates approximately 50 people. taking this action in response to trade NIOSH and SBCCOM to aid in the Purpose: The BSC, NIOSH, is charged with discussions with Chile that have been development of appropriate protection providing advice to the Director, NIOSH, on adjunct to the negotiations of the United NIOSH research programs. Specifically, the standards or guidelines. NIOSH has the lead States-Chile Free Trade Agreement. FDA Board provides guidance on the Institute’s in developing standards or guidelines to test, is requesting this emergency processing research activities related to developing and evaluate, and approve respirators. under the PRA because a normal evaluating hypotheses, systematically NIOSH, SBCCOM, and NIST have hosted clearance is likely to impede completion public meetings on April 17 and 18, 2001; documenting findings, and disseminating results. of the United States-Chile Free Trade June 18 and 19, 2002; and October 16 and 17, Agreement. 2002, presenting their progress in assessing Matters to be Discussed: Agenda items respiratory protection needs of responders to include a report from the Director of NIOSH; DATES: Fax or electronically mail CBRN incidents. The methods or models for Report on NIOSH International Activities; written comments on the collection of developing hazard and exposure estimates, update on the National Exposure at Work information by May 12, 2003. and the status of evaluating test methods and Survey; briefing on Outreach and Information ADDRESSES: OMB is still experiencing performance standards that may be for Small Businesses; update on NIOSH significant delays in the regular mail, applicable in future CBRN respirator Occupational Asthma Research; closing including first class and express mail, standards or guidelines, were discussed at remarks. and messenger deliveries are not being these meetings. Agenda items are subject to change as accepted. To ensure that comments on Contact for Additional Information: Event priorities dictate. the information collection are received, Management, P.O. Box 880, 3610 Collins Contact Person for More Information: OMB recommends that written Ferry Road, Morgantown, WV 26507, Roger Rosa, Ph.D., Executive Secretary, BSC, comments be electronically mailed to Telephone 304–285–4750, Fax 304–285– NIOSH, Centers for Disease Control and [email protected] or faxed to the 4459, E-mail [email protected]. Prevention, 200 Independence Avenue, SW., Office of Information and Regulatory The Director, Management Analysis and Room 715H,Washington, DC 20201, Affairs, OMB, Attn: Stuart Shapiro, Desk Services Office, has been delegated the telephone: 202/205–7856, fax: 202/260–4464, Officer for FDA, FAX 202–395–6974. authority to sign Federal Register Notices e-mail: [email protected]. All comments should be identified with pertaining to announcements of meetings and The Director, Management Analysis and the docket number found in brackets in other committee management activities, for Services Office, has been delegated the the heading of this document. authority to sign Federal Register notices both the Centers for Disease Control and FOR FURTHER INFORMATION CONTACT: pertaining to announcements of meetings and Prevention and the Agency for Toxic Peggy Robbins, Office of Information Substances and Disease Registry. other committee management activities, for both the Centers for Disease Control and Resources Management (HFA–250), Dated: April 3, 2003. Prevention and the Agency for Toxic Food and Drug Administration, 5600 Alvin Hall, Substances and Disease Registry. Fishers Lane, Rockville, MD 20857, 301–827–1223. Director, Management Analysis and Services Dated: April 3, 2003. Office, Centers for Disease Control and SUPPLEMENTARY INFORMATION: FDA is Alvin Hall, Prevention. preparing a guidance document [FR Doc. 03–8738 Filed 4–9–03; 8:45 am] Director, Management Analysis and Services intended to notify the public of Office, Centers for Disease Control and procedures being implemented by the BILLING CODE 4163–19–P Prevention (CDC). agency to assist U.S. firms that wish to [FR Doc. 03–8752 Filed 4–9–03; 8:45 am] export dairy products to Chile. FDA is BILLING CODE 4163–19–P taking this action in response to trade

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discussions with Chile that have been guidance on the process for firms to At a later date, FDA will announce adjunct to the negotiations of the United seek inclusion on the referenced list. the availability of a final guidance States-Chile Free Trade Agreement. As a Delay in resolution of this agricultural entitled ‘‘Establishing and Maintaining a result of those discussions, Chile has trade issue is likely to impede List of U.S. Dairy Product recognized FDA as the competent food completion of the United States-Chile Manufacturers With Interest in safety authority in the United States to Free Trade Agreement. Exporting to Chile.’’ The guidance will identify U.S. dairy product FDA invites comments on: (1) provide voluntary recommendations on manufacturers eligible to export to Chile Whether the proposed collection of the process for firms that wish to export and has concluded that it will not information is necessary for the proper dairy products to Chile. Under this performance of FDA’s functions, conduct individual inspections of U.S. guidance, FDA recommends that U.S including whether the information will firms identified by FDA as eligible to firms that want to be placed on the list export to Chile. Therefore, FDA intends have practical utility; (2) the accuracy of send information to FDA (i.e., name and to establish and maintain a list, which FDA’s estimate of the burden of the address of the firm and the will be posted on the Internet and given proposed collection of information, to Chile, identifying U.S. firms that have including the validity of the manufacturing plant, name and expressed interest to FDA in exporting methodology and assumptions used; (3) telephone number of contact person, list dairy products to Chile, are subject to ways to enhance the quality, utility, and of products presently shipped and FDA jurisdiction, and are not the subject clarity of the information to be expected to be shipped in the next 3 of a pending judicial enforcement action collected; and (4) ways to minimize the years, identities of agencies that inspect (i.e., an injunction or seizure) or an burden of the collection of information the plant and date of last inspection, unresolved warning letter. on respondents, including through the plant number and copy of last FDA has requested emergency use of automated collection techniques, inspection notice and, if other than an processing of this proposed collection of when appropriate, and other forms of FDA inspection, copy of last inspection information under section 3507(j) of the information technology. report). PRA (44 U.S.C. 3507(j)) and 5 CFR Guidance: Establishing and The burden estimates presented 1320.13. This information is needed below considered the number of U.S. immediately because it will take time to Maintaining a List of U.S. Dairy Product Manufacturers With Interest in firms that FDA believes produce dairy establish a list of U.S. firms that wish to products and which will be interested export dairy products to Chile. Exporting to Chile in exporting to Chile, which is Immediate collection of the information Section 701(h) of the Federal Food, estimated to total 50. After the first year, will reduce the length of delay before Drug, and Cosmetic Act (21 U.S.C. any U.S. firm can actually export their 371(h)) authorizes the Secretary of FDA believes that approximately five dairy products to Chile without Health and Human Services (the new firms each year will be interested submitting to prior individual Secretary) to develop guidance in exporting dairy products to Chile, inspections from Chile. The use of documents with public participation and thus, being placed on the list. normal clearance procedures would presenting the views of the Secretary on FDA estimates the burden of this prolong the time needed to provide matters under the jurisdiction of FDA. collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency of Total Annual No. of Respondents per Response Responses Hours per Response Total Hours

502 1 50 1.5 75

53 15 1.57.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 First year burden. 3 Recurring burden.

The estimate of the number of firms requests that the firm be placed on the DEPARTMENT OF HEALTH AND that will seek to be on the list is based list. HUMAN SERVICES on FDA’s current knowledge of the Dated: April 7, 2003. number of U.S. firms that produce dairy Food and Drug Administration Jeffrey Shuren, products and that will be interested in [Docket No. 03F–0128] exporting to Chile. The estimate of the Assistant Commissioner for Policy. number of hours that it will take a firm [FR Doc. 03–8901 Filed 4–8–03; 11:52 am] Alcide Corp.; Filing of Food Additive to gather the information needed to be BILLING CODE 4160–01–S Petition placed on the list is based on FDA’s AGENCY: Food and Drug Administration, experience with firms submitting HHS. similar requests. FDA believes that the information to be submitted will be ACTION: Notice. readily available to the firms. We SUMMARY: The Food and Drug estimate that for the first year a firm will Administration (FDA) is announcing require 1.5 hours to read the Federal that Alcide Corp. has filed a petition Register, gather the information needed, proposing that the food additive and prepare a communication to FDA regulations be amended to expand the that contains the information and permitted use concentration and to

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expand the pH range for acidified further announcement in the Federal changes to the Web site after this sodium chlorite solutions as an Register. If, based on its review, the document publishes in the Federal antimicrobial agent in water and ice agency finds that an environmental Register.) Due to limited seating, intended for use on seafood (fresh or impact statement is not required, and interested parties are encouraged to saltwater). this petition results in a regulation, the register early. If you need special DATES: Submit written or electronic notice of availability of the agency’s accommodations due to a disability, comments on the petitioner’s Finding of No Significant impact and please contact [email protected] or environmental assessment by May 12, the evidence supporting that finding 301–827–3038. 2003. will be published with the regulation in SUPPLEMENTARY INFORMATION: The the Federal Register in accordance with Science Forum will focus on three ADDRESSES: Submit written comments 21 CFR 25.40(c). plenary tracks with corresponding to the Dockets Management Branch Dated: March 14, 2003. break-out sessions in the areas of: (HFA–305), Food and Drug • Alan M. Rulis, Risk management & risk assessment Administration, 5630 Fishers Lane, rm. • Director, Office of Food Additive Safety, Novel science initiatives at FDA 1061, Rockville, MD 20852. Submit • FDA’s mission post- 9/11/01 and electronic comments to http:// Center for Food Safety and Applied Nutrition. [FR Doc. 03–8694 Filed 4–9–03; 8:45 am] beyond www.fda.gov/dockets/ecomments. A poster session featuring all areas of BILLING CODE 4160–01–S FOR FURTHER INFORMATION CONTACT: FDA regulatory science will be Mical E. Honigfort, Center for Food presented to provide an opportunity for Safety and Applied Nutrition (HFS– DEPARTMENT OF HEALTH AND interested scientists to engage in 265), Food and Drug Administration, HUMAN SERVICES information exchange with FDA 5100 Paint Branch Pkwy., College Park, scientists. MD 20740, 202–418–0714. Food and Drug Administration An exhibition of scientific products, SUPPLEMENTARY INFORMATION: Under the services, and professional societies Federal Food, Drug, and Cosmetic Act 9th Annual FDA Science Forum—‘‘FDA sponsored by Williamsburg (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Science: Protecting America’s Health’’ BioProcessing Foundation will be held notice is given that a food additive during the entire event. Interested ACTION: petition (FAP 3A4743) has been filed by Notice of meeting. exhibitors should contact: Alcide Corp., 8561 154th Ave. NE., The Food and Drug Administration [email protected]. (FDA has verified Redmond, WA 98052–3557. The (FDA), Office of Science is announcing the Web site address but is not petition proposes to amend the food the following meeting entitled ‘‘9th responsible for subsequent changes to additive regulations in § 173.325 Annual FDA Science Forum—FDA the Web site after this document Acidified sodium chlorite solutions (21 Science: Protecting America’s Health.’’ publishes in the Federal Register.) An CFR 173.325) to expand the permitted The Science Forum is FDA’s key FDA Job Fair will be held as part of this use concentration and to expand the pH scientific meeting that seeks to exhibition. range for acidified sodium chlorite communicate and promote scientific This event is co-sponsored by the solutions as an antimicrobial agent in issues relating to scientific development FDA Office of Science & Health water and ice intended for use on and associated regulatory concerns. Coordination, Williamsburg seafood (fresh or saltwater). Open to the public, the 2003 Forum is BioProcessing Foundation, AOAC The potential environmental impact designed to bring FDA scientists International, California Separation of this petition is being reviewed. To together with representatives from Science Society, and the FDA Chapter of encourage public participation industry, academia, government Sigma Xi, The Scientific Research consistent with regulations issued under agencies, consumer and patient Society. the National Environmental Policy Act advocacy groups, and international Dated: April 4, 2003. (40 CFR 1501.4(b)), the agency is constituents to explore emerging public William K. Hubbard, placing the environmental assessment health issues and to learn and share Associate Commissioner for Policy and submitted with the petition that is the knowledge and ideas of the science- Planning. subject of this notice on public display based mission of the agency. [FR Doc. 03–8759 Filed 4–9–03; 8:45 am] at the Dockets Management Branch Date and Time: The Science Forum BILLING CODE 4160–01–S (address above) for public review and will be held on Thursday and Friday, comment. Interested persons may, on or April 24 and 25, 2003. On April 24, before, May 12, 2003, submit to the 2003, registration will be from 7:30 a.m. DEPARTMENT OF HEALTH AND Dockets Management Branch (address to 4:30 p.m. and the meeting from 8:30 HUMAN SERVICES above) written or electronic comments. a.m. to 6:30 p.m. On April 25, 2003, Submit a single copy of electronic registration will be from 7 a.m. to 1 p.m. National Institutes of Health comments to http://www.fda.gov/ and the meeting from 8 a.m. to 5:30 p.m. dockets/ecomments or two hard copies Location: New Washington Office of the Director; Office of Dietary of any written comments, except that Convention Center, Mount Vernon Supplements: Notice of Opportunity individuals may submit one copy. Square, Washington, DC 20001. for Public Comment and Public Comments are to be identified with the Contact: Susan Bond, FDA, Office of Meeting docket number found in brackets in the Science (HF–33), 5600 Fishers Lane, Background heading of this document. Received Rockville, MD 20857, 301–827–6687, e- comments may be seen in the office mail: [email protected]. The Office Dietary Supplements between 9 a.m. and 4 p.m., Monday Registration: Complete detailed (ODS) was established in the Office of through Friday. FDA will also place on program, and exhibitor information are the Director, NIH, in 1995 as a major public display any amendments to, or available at www.dcscienceforum.org. provision of the Dietary Supplement comments on, the petitioner’s (FDA has verified the Web site address, Health and Education Act of 1994 environmental assessment without but is not responsible for subsequest (DSHEA). A key early activity was the

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development of a Strategic Plan to The overall purpose of this strategic availability of space on a first come, first define the mission of ODS and to set out planning effort is to identify both new serve basis. Members of the public who goals for its programs. It was prepared opportunities and emerging needs for wish to present oral comment should with considerable input from NIH possible incorporation in the indicate this when registering on the Institutes and Centers, other Federal programmatic efforts of the Office. To ODS Web site at http://ods.nih.gov no agencies, consumers, and other address this purpose, guidance is being later than April 25, 2003. interested parties. requested from all interested parties on Oral comments will be limited to The Strategic Plan was intended to these important issues: three minutes. Individuals who register guide ODS activities and programs for 5 • Is there a need or opportunity for to speak will be assigned in the order in years and it has served this purpose. additional overarching goals for ODS? which they registered. Due to time Since its publication in 1998, there have As a corollary, are there reasons or constraints, only one representative been increases in the ODS budget each justification for modifying the priorities from each organization will be allotted year, and this meant both considerable for allocation of resources to the five time for oral presentation. We may limit progress and expanded programs original goals? the number of speakers and the time beyond those contemplated in the • Is there a need or opportunity to re- allotted depending on the number of original Plan. Therefore it is appropriate examine the original 33 objectives registrants. All requests to register to re-visit the original Plan this year and individually in order to address the should include the name, address, to develop an updated ODS Strategic following issues: telephone number, and business or Plan for 2004–2009. (a) Are there objectives where current professional affiliation of the interested The Office of Dietary Supplements is knowledge, opportunities, or needs that party. If time permits, we will allow any re-examining its 1998 Strategic Plan and suggest expanded efforts or changes in person attending the meeting who has desires public comment on the progress priority for study are appropriate? If so, not registered to speak in advance of the of its programs and on future needs and documentation and justification should meeting to make a brief oral statement opportunities for research activities. As be provided. during the time set aside for public a part of this effort, we are holding a (b) Are there additional aspects of comment, and at the chairperson’s meeting for interested parties. The major specific topics that should be added? If discretion. focus of the meeting is to solicit views so, documentation and justification We encourage individuals unable to and suggestions on the future directions should be provided. attend the meeting and all interested and programs of the ODS. (c) Beyond the original 33 objectives, parties to send written comments to the We have prepared a background paper are there newly identified needs and Office of Dietary Supplements by mail, that summarizes progress in key areas of opportunities that suggest additional fax, or electronically. When mailing or ODS activity identified in the 1998 objectives for increased emphasis in faxing written comments provide, if Strategic Plan and solicits comments ODS programs in the future? If so, possible, an electronic version on and suggestions on future ODS documentation and justification should diskette. be provided. Persons needing special assistance, activities. The background paper and • related information are available on the An additional purpose of this such as sign language interpretation or ODS Web site at http://ods.od.nih.gov. current strategic planning effort is to other special accommodations at the In addition, the background paper is seek comments and suggestions about meeting should indicate this when available from the Office of the address the various approaches that ODS has registering or contact the Office of listed below. We are disseminating the utilized in addressing the goals of its Dietary Supplements at the address or background paper for comment by all 1998 Strategic Plan? telephone number listed no later than (a) Among the approaches used by interested parties. Comments, April 25, 2003. ODS, should there be greater emphasis suggestions, and views should be Dated: April 2, 2003. on certain ones in regard to research forwarded to the address listed below or support, communication and Paul M. Coates, sent to information dissemination, database Director, Office of Dietary Supplements, In addition, the ODS will hold an development, and training and career Office of the Director, National Institutes of open public meeting on May 8 and 9, Health. development? 2003 at the time and address listed (c) Are there other methods and [FR Doc. 03–8720 Filed 4–9–03; 8:45 am] below to hear additional comments and techniques that ODS should consider in BILLING CODE 4140–01–M suggestions on needs and opportunities implementing its goals and objectives in for possible inclusion in the 2004–2009 the future? DEPARTMENT OF HEALTH AND ODS Strategic Plan. Information about Meeting Title: Office of Dietary HUMAN SERVICES the meeting, including the tentative Supplements Public Meeting. agenda, is available on ODS Web site Date: May 8 and 9, 2003. National Institutes of Health http://ods.nih.gov. There is no Time: May 8—8 a.m.–5 p.m.; May 9— registration fee. 8 a.m.–12 noon. National Heart, Lung, and Blood We may use all written comments Place: Bethesda Marriott Hotel, 5151 Institute; Notice of Closed Meeting received by 5 p.m. EST, on June 27, Pooks Hill Road, Bethesda, MD 20814. 2003 from this request as well as those Contact Person: Kenneth D. Fisher, Pursuant to section 10(d) of the received at the meeting in the Ph.D., Office of Dietary Supplements, Federal Advisory Committee Act, as preparation of a revised Strategic Plan 6100 Executive Boulevard, Room 3B01, amended (5 U.S.C. Appendix 2), notice for 2004–2009. We will complete the Bethesda, MD 20892–7517, Phone: (301) is hereby given of a meeting of the strategic planning process the end of 435–2920, Fax: (301) 480–1845, E-mail: Board of Scientific Counselors, NHLBI. calendar year 2003. We will publish and [email protected]. The meeting will be closed to the disseminate the revised ODS Strategic public as indicated below in accordance Plan as the ‘‘roadmap’’ for programs of Public Participation with the provisions set forth in section the Office of Dietary Supplements in The meeting is open to the public 552b(c)(6), Title 5 U.S.C., as amended 2004–2009. with attendance limited by the for the review, discussion, and

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evaluation of individual intramural would constitute a clearly unwarranted Review Program, Division of Extramural programs and projects conducted by the invasion of personal privacy. Activities, NIAID, NIH, Room 2117, 6700–B National Heart, Lung, and Blood Rockledge Drive, MSC 7610, Bethesda, MD Name of Committee: National Heart, Lung, 20892–7610, (301) 496–2550, Institute, including consideration of and Blood Institute Special Emphasis Panel, [email protected]. personnel qualifications and Date: May 1, 2003. Name of Committee: National Institute of performance, and the competence of Time: 8 a.m. to 5 p.m. Allergy and Infectious Diseases Special individual investigators, the disclosure Agenda: To review and evaluate contract Emphasis Panel, Responses to Biodefense of which would constitute a clearly proposals. Vaccines. unwarranted invasion of personal Place: Pier 5 Hotel, 711 Eastern Avenue, Date: April 29, 2003. privacy. Baltimore, MD 21202. Time: 4 p.m. to 7 p.m. Contact Person: Valerie L. Prenger, PhD, Agenda: To review and evaluate grant Name of Committee: Board of Scientific Review Branch, Room 7194, Division of applications. Counselors, NHLBI. Extramural Affairs, National Heart, Lung, and Place: National Institutes of Health, Date: June 5, 2003. Blood Institute, National Institutes of Health, Rockledge 6700, 6700B Rockledge Drive, Time: 7:45 a.m. to 5:30 p.m. 6701 Rockledge Drive, MSC 7924, Bethesda, Bethesda, MD 20871, (Telephone Conference Agenda: To review and evaluate personal MD 20892–7924, (301) 435–0288. Call). qualifications and performance, and (Catalogue of Federal Domestic Assistance Contact Person: Cheryl K. Lapham, PhD, competence of individual investigators. Program Nos. 93.233, National Center for Scientific Review Administrator, Scientific Place: Hyatt Regency Bethesda, One Sleep Disorders Research; 93.837, Heart and Review Program, National Institute of Allergy Bethesda Metro Center, 7400 Wisconsin Vascular Diseases Research; 93.838, Lung and Infectious Diseases, DEA/NIH/DHHS, Avenue, Bethesda, MD 20814. Diseases Research; 93.839, Blood Diseases 6700–B Rockledge Drive, MSC 7616, Room Contact Person: Elizabeth G Nabel, MD, and Resources Research, National Institutes 2156, Bethesda, MD 20892–7616, (301) 402– Scientific Director for Clinical Research, of Health, HHS) 4598, [email protected]. National Heart, Lung, and Blood Institute, Division of Intramural Research, Building 10, Dated: April 2, 2003. (Catalogue of Federal Domestic Assistance Room 8C103, MSC 1754, Bethesda, MD LaVerne Y. Stringfield, Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, 20892, 301/496–1518. Director, Office of Federal Advisory Microbiology and Infectious Diseases Information is also available on the Committee Policy. Institute’s/Center’s Home page: Research, National Institutes of Health, HHS) [FR Doc. 03–8716 Filed 4–9–03; 8:45 am] www.nhlbi.nih.gov/meetings/index.htm, Dated: April 2, 2003. BILLING CODE 4140–01–M where an agenda and any additional LaVerne Y. Stringfield, information for the meeting will be posted Director, Office of Federal Advisory when available. Committee Policy. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND [FR Doc. 03–8697 Filed 4–9–03; 8:45 am] Program Nos. 93.233, National Center for HUMAN SERVICES Sleep Disorders Research; 93.837, Heart and BILLING CODE 4140–01–M Vascular Diseases Research; 93.838, Lung National Institutes of Health Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes National Institute of Allergy and DEPARTMENT OF HEALTH AND of Health, HHS) Infectious Diseases; Notice of Closed HUMAN SERVICES Meetings Dated: April 2, 2003. National Institutes of Health LaVerne Y. Stringfield, Pursuant to section 10(d) of the Director, Office of Federal Advisory Federal Advisory Committee Act, as National Institute of Allergy and Committee Policy. amended (5 U.S.C. Appendix 2), notice Infectious Diseases; Notice of Closed [FR Doc. 03–8715 Filed 4–9–03; 8:45 am] is hereby given of the following Meeting BILLING CODE 4140–01–M meeting. The meeting will be closed to the Pursuant to section 10(d) of the public in accordance with the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND provisions set forth in sections 552(c)(4) amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES and 552b(c)(6), Title 5 U.S.C. as is hereby given of the following amended. The grant applications and meeting. National Institutes of Health the discussion could disclose The meeting will be closed to the confidential trade secrets or commercial public in accordance with the National Heart, Lung, and Blood property such as patentable material, provisions set forth in sections Institute; Notice of Closed Meeting and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and Pursuant to section 10(d) of the individuals associated with the grant applications, the disclosure of which the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted invasion of personal privacy. property such as patentable material, is hereby given of the following and personal information concerning meeting. Name of Committee: National Institute of individuals associated with the contract The meeting will be closed to the Allergy and Infectious Diseases Special proposals, the disclosure of which public in accordance with provisions set Emphasis Panel, Biodefense Partnerships: would constitute a clearly unwarranted forth in sections 552b(c)(4) and Vaccines, Adjuvants, Therapeutics, invasion of personal privacy. 552(c)(6), Title 5 U.S.C., as amended. Diagnostics, and Resources. The contract proposals and the Date: April 28–30, 2003. Name of Committee: National Institute of discussions could disclose confidential Time: 8:30 a.m. to 6 p.m. Allergy and Infectious Diseases Special Agenda: To review and evaluate grant trade secrets or commercial property Emphasis Panel, DMID Clinical Trials applications. Management. such as patentable material, and Place: Holiday Inn Chevy Chase, 5520 Date: May 12–13, 2003. personal information concerning Wisconsin Avenue, Chevy Chase, MD 20815. Time: 8:30 a.m. to 6 p.m. individuals associated with the contract Contact Person: Hagit S. David, PhD, Agenda: To review and evaluate contract proposals, the disclosure of which Scientific Review Administrator, Scientific proposals.

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Place: Latham Hotel, 3000 M Street, NW., Date: June 26–27, 2003. This notice is being published less than 15 Washington, DC 20007. Time: 8:30 a.m. to 5 p.m. days prior to the meeting due to the timing Contact Person: Robert C. Goldman, PhD, Agenda: To review and evaluate grant limitations imposed by the review and Scientific Review Administrator, Scientific applications. funding cycle. Review Program, Division of Extramural Place: Marriott’s Harbor Beach Resort & (Catalogue of Federal Domestic Assistance Activities, NIAID, NIH, DHHS, Room 3124, Spa, 3030 Holiday Drive, Fort Lauderdale, FL Program Nos. 93.375, Minority Biomedical 6700–B Rockledge Drive, MSC 7616, 33316. Research Support; 93.821, Cell Biology and Bethesda, MD 20892–7616, (301) 496–8424, Contact Person: Elsie Taylor, Ms, Scientific Biophysics Research; 93.859, Pharmacology, [email protected]. Review Administrator, Extramural Project Physiology, and Biological Chemistry (Catalogue of Federal Domestic Assistance Review Branch, National Institute on Alcohol Research; 93.862, Genetics and Program Nos. 93.855, Allergy, Immunology, Abuse and Alcoholism, National Institutes of Developmental Biology Research; 93.88, and Transplantation Research; 93.856, Health, Suite 409, 6000 Executive Blvd., Minority Access to Research Careers; 93.96, Microbiology and Infectious Diseases Bethesda, MD 20892–7003, (301) 443–9787, Special Minority Initiatives, National Research, National Institutes of Health, HHS) [email protected]. Institutes of Health, HHS) Dated: April 2, 2003. (Catalogue of Federal Domestic Assistance Program Nos. 93.271, Alcohol Research Dated: April 3, 2003. LaVerne Y. Stringfield, Career Development Awards for Scientists LaVerne Y. Stringfield, Director, Office of Federal Advisory and Clinicians; 93.272, Alcohol National Director, Office of Federal Advisory Committee Policy. Research Service Awards for Research Committee Policy. [FR Doc. 03–8698 Filed 4–9–03; 8:45 am] Training; 93.273, Alcohol Research Programs; [FR Doc. 03–8700 Filed 4–9–03; 8:45 am] 93.891, Alcohol National Research Center BILLING CODE 4140–01–M BILLING CODE 4140–01–M Grants, National Institutes of Health, HHS) Dated: April 1, 2003. DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND HUMAN SERVICES Director, Office of Federal Advisory HUMAN SERVICES National Institutes of Health Committee Policy. [FR Doc. 03–8699 Filed 4–9–03; 8:45 am] National Institutes of Health National Institute on Alcohol Abuse BILLING CODE 4140–01–M National Institute of General Medical and Alcoholism; Notice of Closed Sciences; Notice of Closed Meeting Meetings DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Pursuant to section 10(d) of the HUMAN SERVICES Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice National Institutes of Health is hereby given of the following is hereby given of the following meeting. meetings. National Institute of General Medical The meeting will be closed to the The meetings will be closed to the Sciences; Notice of Closed Meeting public in accordance with the public in accordance with the Pursuant to section 10(d) of the provisions set forth in sections provisions set forth in sections Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and as amended. The grant applications and is hereby given of the following the discussions could disclose the discussions could disclose meeting. confidential trade secrets or commercial confidential trade secrets or commercial The meeting will be closed to the property such as patentable material, property such as patentable material, public in accordance with the and personal information concerning and personal information concerning provisions set forth in section 552b(c)(4) individuals associated with the grant individuals associated with the grant and 552b(c)(6), Title 5. U.S.C., as applications, the disclosure of which applications, the disclosure of which amended. The grant applications and would constitute a clearly unwarranted would constitute a clearly unwarranted the discussions could disclose invasion of personal privacy. invasion of personal privacy. confidential trade secrets or commercial Name of Committee: National Institute of Name of Committee: National Institute on property such as patentable material, General Medical Sciences Special Emphasis Alcohol Abuse and Alcoholism Initial and personal information concerning Panel, Large-Scale Collaborative Project Review Group, Health Services Research individuals associated with the grant Awards. Review Subcommittee, AA–2 Review applications, the disclosure of which Date: April 28, 2003. Meeting. would constitute a clearly unwarranted Time: 8:30 a.m. to 5 p.m. Date: June 12, 2003. Agenda: To review and evaluate grant Time: 8:30 a.m. to 5 p.m. invasion of personal privacy. applications. Agenda: To review and evaluate grant Name of Committee: National Institute of Place: Holiday Inn Select Bethesda, 8120 applications. General Medical Sciences Special Emphasis Wisconsin Ave, Bethesda, MD 20814. Place: Holiday Inn Georgetown, 2101 Panel, Training Grant. Contact Person: Arthur L. Zachary, PhD, Wisconsin Avenue, NW., Washington, DC Date: April 8, 2003. Scientific Review Administrator, Office of 20007. Time: 1 p.m. to 3 p.m. Scientific Review, National Institute of Contact Person: Elsie Taylor, Scientific Agenda: To review and evaluate grant General Medical Sciences, National Institutes Review Administrator, Extramural Project applications. of Health, Natcher Building, Room 3AN–18, Review Branch, National Institute on Alcohol Place: National Institutes of Health, Bethesda, MD 20892, (301) 594–2886, Abuse and Alcoholism, National Institutes of Natcher Building, 45 Center Drive, Bethesda, [email protected]. Health, Suite 409, 6000 Executive Blvd., MD 20892 (Telephone Conference Call). This notice is being published less than 15 Bethesda, MD 20892–7003, (301) 443–9787, Contact Person: Arthur L. Zachary, PhD, days prior to the meeting due to the timing [email protected]. Office of Scientific Review, National Institute limitations imposed by the review and Name of Committee: National Institute on of General Medical Sciences, National funding cycle. Alcohol Abuse and Alcoholism Initial Institutes of Health, Natcher Building, Room (Catalogue of Federal Domestic Assistance Review Group, Clinical and Treatment 3AN–18, Bethesda, MD 20892, (301) 594– Program Nos. 93.375, Minority Biomedical Subcommittee, AA–3 Review Meeting. 2886, [email protected]. Research Support; 93.821, Cell Biology and

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Biophysics Research; 93.859, Pharmacology, Dated: April 3, 2003. Name of Committee: National Institute on Physiology, and Biological Chemistry LaVerne Y. Stringfield, Alcohol Abuse and Alcoholism Special Research; 93.862, Genetics and Development Director, Office of Federal Advisory Emphasis Panel, Review of R25—Alcohol Biology Research; 93.88, Minority Access to Committee Policy. Education Project Grant Applications. Research Careers; 93.96, Special Minority [FR Doc. 03–8702 Filed 4–9–03; 8:45 am] Date: May 9, 2003. Initiatives, National Institutes of Health, Time: 1:30 p.m. to 3:30 p.m. BILLING CODE 4140–01–M HHS) Agenda: To review and evaluate grant Dated: April 3, 2003. applications. LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Place: National Institutes of Health, Wilco Director, Office of Federal Advisory HUMAN SERVICES Building, 6000 Executive Boulevard, 411, Committee Policy. Bethesda, MD 20892, (Telephone Conference [FR Doc. 03–8701 Filed 4–9–03; 8:45 am] National Institutes of Health Call). Contact Person: Jeffrey I Toward, PhD, BILLING CODE 4140–01–M National Institute on Alcohol Abuse Chief, Scientific Review Administrator, and Alcoholism; Notice of Closed National Institutes of Health, National DEPARTMENT OF HEALTH AND Meetings Institute on Alcohol Abuse and Alcoholism, HUMAN SERVICES Extramural Project Review Branch, 6000 Pursuant to section 10(d) of the Executive Boulevard, Suite 409, Bethesda, Federal Advisory Committee Act, as National Institutes of Health MD 20892–7003, (301) 435–5337. amended (5 U.S.C. Appendix 2), notice Name of Committee: National Institute on National Institute of Child Health and is hereby given of the following Alcohol Abuse and Alcoholism Special Human Development; Notice of Closed meetings. Emphasis Panel, ZAA1 GG (11)—Review of Meeting The meetings will be closed to the Fellowship Applications. public in accordance with the Date: May 20, 2003. Pursuant to section 10(d) of the provisions set forth in sections Time: 8:30 a.m. to 5 p.m. Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and applications. is hereby given of the following the discussions could disclose Place: Double Tree Rockville, 1750 meeting. confidential trade secrets or commercial Rockville Pike, Randolph Room, Rockville, property such as patentable material, MD 20852. The meeting will be closed to the and personal information concerning Contact Person: Karen P. Peterson, PhD, public in accordance with the individuals associated with the grant Scientific Review Administrator, Extramural provisions set for in sections 552b(c)(4) applications, the disclosure of which Project Review Branch, National Institute of and 552b(c)(6), Title 5 U.S.C., as would constitute a clearly unwarranted Alcohol Abuse, and Alcoholism, National amended. The grant applications and invasion of personal privacy. Institutes of Health, 6000 Executive Blvd., the discussions could disclose Suite 409, Bethesda, MD 20892–7003, (301) Name of Committee: National Institute on confidential trade secrets or commercial 451–3883, [email protected]. property such as patentable material, Alcohol Abuse and Alcoholism Special Emphasis Panel, Review of R13 Application. Name of Committee: National Institute on and personal information concerning Date: April 29, 2003. Alcohol Abuse and Alcoholism Initial individuals associated with the grant Time: 1:30 p.m. to 2:30 p.m. Review Group, Biomedical Research Review applications, the disclosure of which Agenda: To review and evaluate grant Subcommittee. would constitute a clearly unwarranted applications. Date: June 6, 2003. invasion of personal privacy. Place: National Institutes of Health, Wilco Time: 8 a.m. to 6 p.m. Building, 6000 Executive Boulevard, 411, Name of Committee: National Institute of Agenda: To review and evaluate grant Bethesda, MD 20892, (Telephone Conference applications. Child Health and Human Development Call). Place: Double Tree Rockville, 1750 Special Emphasis Panel, Contact Person: Jeffrey I Toward, PhD, Neurodevelopmental Consequences of Pain & Scientific Review Administrator, National Rockville Pike, Rockville, MD 20852. Inflammation. Institutes of Health, National Institute on Contact Person: Sathasiva B. Kandasamy, Date: April 22, 2003. Alcohol Abuse and Alcoholism, Extramural PhD, Scientific Review Administrator, Time: 1 PM TO 2 PM. Project Review Branch, 6000 Executive Blvd., Extramural Project Review Branch, Office of Agenda: To review and evaluate grant Suite 409, Bethesda, MD 20892–7003, (301) Scientific Affairs, National Institute of applications. 435–5337. Alcohol Abuse, and Alcoholism,6000 Place: 6100 Executive Blvd, 6100 Name of Committee: National Institute on Executive Blvd., Suite 409, Bethesda, MD Executive Blvd, 5B01, Rockville, MD 20852, Alcohol Abuse and Alcoholism Special 20892–7003, (301) 443–2926, (Telephone Conference Call). Emphasis Panel, Small Business Initiative for [email protected]. Contact Person: Gopal M. Bhatnagar, PhD, Alcohol Proteomics—RFA—AA03–003. (Catalogue of Federal Domestic Assistance Scientific Review Administrator, National Date: April 30, 2003. Program Nos. 93.271, Alcohol Research Institute of Child Health, and Human Time: 1:30 p.m. to 4:30 p.m. Career Development Awards for Scientists Development, National Institutes of Health, Agenda: To review and evaluate grant 6100 Bldg Rm 5B01, Rockville, MD 20852, applications. and Clinicians; 93.272, Alcohol National (301) 435–6889, [email protected]. Place: National Institutes of Health, Wilco Research Service Awards for Research This notice is being published less than 15 Building, 6000 Executive Boulevard, Room Training; 93.273, Alcohol Research Programs; days prior to the meeting due to the timing 409, Bethesda, MD 20892, (Telephone 93.891, Alcohol Research Center Grants, limitations imposed by the review and Conference Call). National Institutes of Health, HHS) funding cycle. Contact Person: Eugene G. Hayunga, PhD, (Catalogue of Federal Domestic Assistance Chief, Scientific Review Branch, OSA, Dated: April 3, 2003. Program Nos. 93.209, Contraception and National Institute on Alcohol Abuse and LaVerne Y. Stringfield, Infertility Loan Repayment Program; 93.864, Alcoholism, National Institutes of Health, Director, Office of Federal Advisory Population Research; 93.865, Research for Wilco Building, Suite 409, 6000 Executive Committee Policy. Mothers and Children; 93.929, Center for Boulevard, MSC 7003, Bethesda, MD 20892– Medical Rehabilitation Research, National 7003, (301) 443–2860, [FR Doc. 03–8703 Filed 4–9–03; 8:45 am] Institutes of Health, HHS) [email protected]. BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Conference Room F1/F2, Bethesda, MD HUMAN SERVICES HUMAN SERVICES 20892. Open: 1 pm to adjournment. National Institutes of Health National Institutes of Health Agenda: Program advisory discussions and presentations. National Institute of Allergy and Place: National Institutes of Health, National Institute on Drug Abuse; Natcher Building, 45 Center Drive, Notice of Closed Meeting Infectious Diseases; Notice of Conference Room F1/F2, Bethesda, MD Meetings 20892. Pursuant to section 10(d) of the Contact Person: John J McGowan, Director, Federal Advisory Committee Act, as Pursuant to section 10(d) of the Division of Extramural Activities, NIAID, Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice Room 2142, 6700–B Rockledge Drive, MSC amended (5 U.S.C. Appendix 2), notice 7610, Rockville, MD 20892–7610, 301–496– is hereby given of the following is hereby given of meetings of the 7291. meeting. National Advisory Allergy and Name of Committee: National Advisory The meeting will be closed to the Infectious Diseases Council. Allergy and Infectious Diseases Council public in accordance with the The meetings will be open to the Acquired Immunodeficiency Syndrome provisions set forth in sections 552(c)(4) Subcommittee. public as indicated below, with Date: May 29, 2003. and 552b(c)(6), Title 5 U.S.C. as attendance limited to space available. Closed: 8:30 am to 10:30 am. amended. The grant applications and Individuals who plan to attend and Agenda: To review and evaluate grant the discussions could disclose need special assistance, such as sign applications. confidential trade secrets or commercial language interpretation or other Place: National Institutes of Health, property such as patentable material, reasonable accommodations, should Natcher Building, 45 Center Drive, and personal information concerning notify the Contact Person listed below Conference Room C1/C2, Bethesda, MD 20892. individuals associated with the grant in advance of the meeting. Open: 1:00 pm to adjournment. applications, the disclosure of which The meetings will be closed to the Agenda: Program advisory discussions and would constitute a clearly unwarranted public in accordance with the presentations. invasion of personal privacy. provisions set forth in sections Place: National Institutes of Health, Natcher Building, 45 Center Drive, Name of Committee: National Institute on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications Conference Room E1/E2, Bethesda, MD Drug Abuse Special Emphasis Panel, Chronic 20892. Stress and Its Relation to Drug Abuse and and/or contract proposals and the Contact Person: John J McGowan, Director, Addiction. discussions could disclose confidential Division of Extramural Activities, NIAID, Date: 22–23, 2003. trade secrets or commercial property Room 2142, 6700–B Rockledge Drive, MSC Time: 8 a.m. to 5 p.m. such as patentable material, and 7610, Rockville, MD 20892–7610, 301–496– Agenda: To review and evaluate grant personal information concerning 7291. applications. individuals associated with the grant Name of Committee: National Advisory Place: Ritz-Carlton Hotel at Pentagon City, applications and/or contract proposals, Allergy and Infectious Diseases Council. 1250 South Hayes Street, Arlington, VA the disclosure of which would Date: May 29, 2003. Open: 10:30 am to 11:40 am. 22202. constitute a clearly unwarranted invasion of personal privacy. Agenda: Reports from the NIAID Director Contact Person: Rita Liu, PhD, Health and the Director of the Vaccine Research Scientist Administrator, Office of Extramural Name of Committee: National Advisory Center. Affairs, National Institute on Drug Abuse, Allergy and Infectious Diseases Council Place: National Institutes of Health, National Institutes of Health, DHHS, 6001 Allergy Immunology and Transplantation Natcher Building, 45 Center Drive, Room E1/ Executive Boulevard, Room 3158, MSC 9547, Subcommittee. E2, Bethesda, MD 20892. Bethesda, MD 20892–9547, (301) 435–1388. Date: May 29, 2003. Closed: 11:40 am. to 12:00 pm. This notice is being published less than 15 Closed: 8:30 am to 10:30 am. Agenda: To review and evaluate grant days prior to the meeting due to the timing Agenda: To review and evaluate grant applications. applications. limitations imposed by the review and Place: National Institutes of Health, Place: National Institutes of Health, Natcher Building, 45 Center Drive, Room E1/ funding cycle. Natcher Building, 45 Center Drive, E2, Bethesda, MD 20892. Conference Room D, Bethesda, MD 20892. Contact Person: John J McGowan, Director, (Catalogue of Federal Domestic Assistance Open: 1:00 pm to adjournment. Division of Extramural Activities, NIAID, Program Nos. 93.277, Drug Abuse Scientist Agenda: Program advisory discussions and Room 2142, 6700–B Rockledge Drive, MSC Development Award for Clinicians, Scientist presentations. 7610, Rockville MD 20892–7610, 301–496– Development Awards, and Research Scientist Place: National Institutes of Health, 7291. Awards; 93.278, Drug Abuse National Natcher Building, 45 Center Drive, In the interest of security, NIH has Research Service Awards for Research Conference Room D, Bethesda, MD 20892. instituted stringent procedures for entrance Training; 93.279, Drug Abuse Research Contact Person: John J McGowan, Director, into the building by non-government Programs, National Institutes of Health, HHS) Division of Extramural Activities, NIAID, employees. Persons without a government Room 2142, 6700–B Rockledge Drive, MSC I.D. will need to show a photo I.D. and sign- Dated: April 3, 2003. 7610, Rockville, MD 20892–7610, 301–496– in at the security desk upon entering the LaVerne Y. Stringfield, 7291. building. Director, Office of Federal Advisory Name of Committee: National Advisory Information is also available on the Committee Policy. Allergy and Infectious Diseases Council Institute’s/Center’s home page: www.niaid.nih.gov/facts/facts.htm, where an [FR Doc. 03–8704 Filed 4–9–03; 8:45 am] Microbiology and Infectious Diseases Subcommittee. agenda and any additional information for BILLING CODE 4140–01–M Date: May 29, 2003. the meeting will be posted when available. Closed: 8:30 am to 10:30 am. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, applications. and Transplantation Research; 93.856, Place: National Institutes of Health, Microbiology and Infectious Diseases Natcher Building, 45 Center Drive, Research, National Institutes of Health, HHS)

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Dated: April 3, 2003. DEPARTMENT OF HEALTH AND The meeting will be closed to the LaVerne Y. Stringfield, HUMAN SERVICES public in accordance with the Director, Office of Federal Advisory provisions set forth in sections Committee Policy. National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 03–8705 Filed 4–9–03; 8:45 am] as amended. The grant applications and National Institute of Allergy and the discussions could disclose BILLING CODE 4140–01–M Infectious Diseases; Notice of Closed confidential trade secrets or commercial Meeting property such as patentable material, DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the and personal information concerning HUMAN SERVICES Federal Advisory Committee Act, as individuals associated with the grant amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which National Institutes of Health is hereby given of the following would constitute a clearly unwarranted meeting. invasion of personal privacy. National Institute of Allergy and The meeting will be closed to the Name of Committee: National Institute of Infectious Diseases; Notice of Meeting public in accordance with the Child Health and Human Development provisions set forth in sections Special Emphasis Panel, Prenatal Pursuant to section 10(a) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Programming of Reproductive Health and Federal Advisory Committee Act, as as amended. The contract proposals and Disease. amended (5 U.S.C. Appendix 2), notice Date: 8 a.m. to 5 p.m. the discussions could disclose Agenda: To review and evaluate grant is hereby given of a meeting of the AIDS confidential trade secrets or commercial applications. Research Advisory Committee, NIAID. property such as patentable material, Place: Holiday Inn Select Bethesda, 8120 The meeting will be open to the and personal information concerning Wisconsin Ave., Bethesda, MD 20814. public, with attendance limited to space individuals associated with the contract Contact Person: Jon M. Ranhand, PhD, available. Individuals who plan to proposals, the disclosure of which Scientist Review Administrator, Division of would constitute a clearly unwarranted Scientific Review, National Institute of Child attend and need special assistance, such Health and Human Development, NIH, 6100 as sign language interpretation or other invasion of personal privacy. Executive Blvd., Room 5E03, Bethesda, MD reasonable accommodations, should Name of Committee: National Institute of 20892, (301) 435–6884. notify the Contact Person listed below Allergy and Infectious Diseases Special (Catalogue of Federal Domestic Assistance in advance of the meeting. Emphasis Panel Network for Large-Scale Program Nos. 93.209, Contraception and Sequencing of Microbial Genomes. Infertility Loan Repayment Program; 93.864, Name of Committee: AIDS Research Date: May 1–2, 2003. Advisory Committee, NIAID. Population Research; 93.865, Research for Time: 8:30 a.m. to 6 p.m. Mothers and Children; 93.929, Center for Date: May 29, 2003. Agenda: To review and evaluate contract Medical Rehabilitation Research, National Time: 1 a.m. to 5 p.m. proposals. Institutes of Health, HHS) Agenda: The Committee will provide Place: Holiday Inn Chevy Chase, 5520 Dated: April 1, 2003. advice on scientific priorities, policy, and Wisconsin Avenue, Chevy Chase, MD 20815. LaVerne Y. Stringfield, program balance at the Division level. The Contact Person: Alec Ritchie, PhD, Committee will review the progress and Scientific Review Administrator, Scientific Director, Office of Federal Advisory productivity of ongoing efforts, and identify Review Program, Division of Extramural Committee Policy. critical gaps and/or obstacles to progress. Activities, NIAID/NIH/DHHS, 6700 B [FR Doc. 03–8708 Filed 4–9–03; 8:45 am] Rockledge Drive, MSC 7616, Bethesda, MD Place: National Institutes of Health, BILLING CODE 4140–01–M 20892–7616, 301–435–1614, Natcher Building, 45 Center Drive, [email protected]. Conference Room E1/E2, Bethesda, MD 20892. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Contact Person: Rona L. Siskind, Executive Program Nos. 93.855, Allergy, Immunology, HUMAN SERVICES and Transplantation Research; 93.856, Secretary, AIDS Research Advisory Microbiology and Infectious Diseases National Institutes of Health Committee, Division of AIDS, NIAID/NIH, Research, National Institutes of Health, HHS) Room 4139, 6700–B Rockledge Drive, MSC Dated: April 2, 2003. National Institute of Child Health and 7610, Bethesda, MD 20892–7601, 301–435– LaVerne Y. Stringfield, Human Development; Notice of Closed 3732. Meeting In the interest of security, NIH has Director, Office of Federal Advisory instituted stringent procedures for entrance Committee Policy. Pursuant to section 10(d) of the into the building by non-government [FR Doc. 03–8707 Filed 4–9–03; 8:45 am] Federal Advisory Committee Act, as employees. Persons without a government BILLING CODE 4140–01–M amended (5 U.S.C. appendix 20, notice I.D. will need to show a photo I.D. and sign- is hereby given of the following in at the security desk upon entering the meeting. building. DEPARTMENT OF HEALTH AND The meeting will be closed to the HUMAN SERVICES (Catalogue of Federal Domestic Assistance public in accordance with the provisions set forth in sections Program Nos. 93.855, Allergy, Immunology, National Institutes of Health and Transplantation Research; 93.856, 552b(c)(4) and 552b(c)(6), title 5 U.S.C. Microbiology and Infectious Diseases National Institute of Child Health and as amended. The contract proposals and Research, National Institutes of Health, HHS) Human Development; Notice of Closed the discussions could disclose confidential trade secrets or commercial Dated: April 03, 2003. Meeting property such as patentable material, LaVerne Y. Stringfield, Pursuant to section 10(d) of the and personal information concerning Director, Office of Federal Advisory Federal Advisory Committee Act, as individuals associated with the contract Committee Policy. amended (5 U.S.C. Appendix 2), notice proposals, the disclosure of which [FR Doc. 03–8706 Filed 4–9–03; 8:45 am] is hereby given of the following would constitute a clearly unwarranted BILLING CODE 4140–01–M meeting. invasion of personal privacy.

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Name of Committee: National Institute of Contact Person: Rebecca H. Johnson, PhD, Name of Committee: National Institute of Child Health and Human Development Scientific Review Administrator, Office of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, Maternal Scientific Review, National Institute of Special Emphasis Panel, K18’S Microchimerism: A Cause of Type 1 Diabetes General Medical Sciences, National Institutes Date: April 22, 2003. Mellitus? of Health, Natcher Building, Room 3AN18, Time: 12:30 p.m. to 5:30 p.m. Date: April 17, 2003. Bethesda, MD 20892, 301–594–2771, Agenda: To review and evaluate grant Time: 12 p.m. to 2 p.m. [email protected]. applications. Agenda: To review and evaluate contract (Catalogue of Federal Domestic Assistance Place: Bethesda Marriott Suites, 6711 proposals. Program Nos. 93.375, Minority Biomedical Democracy Boulevard, Bethesda, MD 20817. Place: National Institutes of Health, 6100 Research Support; 93.821, Cell Biology and Contact Person: John F. Connaughton, PhD, Executive Boulevard, Rockville, MD 20852, Biophysics Research; 93.859, Pharmacology, Scientific Review Administrator, Review (Telephone Conference Call). Physiology, and Biology Chemistry Research; Branch, DEA, NIDDK, National Institutes of Contact Person: Hameed Khasn, PhD, 93.862, Genetics and Developmental Biology Health, Room 757, 6707 Democracy Scientific Review Administrator, Division of Research; 93.88, Minority Access to Research Boulevard, Bethesda, MD 20892, (301) 594– Scientific Review, National Institute of Child Careers; 93.96, Special Minority Initiatives, 7797, [email protected]. Health, and Human Development, National Name of Committee: National Institute of Institutes of Health, 6100 Executive Blvd., National Institutes of Health, HHS) Diabetes and Digestive and Kidney Diseases Room 5E01, Bethesda, MD 20892, (301) 496– Dated: April 1, 2003. Special Emphasis Panel, Calcium 1485. LaVerne Y. Stringfield, Metabolism. This notice is being published less than 15 Date: April 25, 2003. days prior to the meeting due to the timing Director, Office of Federal Advisory limitations imposed by the review and Committee Policy. Time: 2 p.m. to 4 p.m. funding cycle. [FR Doc. 03–8710 Filed 4–9–03; 8:45 am] Agenda: To review and evaluate grant applications. BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Place: NIDDK Review Branch, Two Program Nos. 93.209, Contraception and Democracy Plaza, 6707 Democracy Infertility Loan Repayment program; 93.864, Boulevard, Bethesda, MD 20814, (Telephone Population Research; 93.865, Research for DEPARTMENT OF HEALTH AND Conference Call). Mothers and Children; 93.929, Center for HUMAN SERVICES Contact Person: Ned Feder, MD, Scientific Medical Rehabilitation Research, National Review Administrator, Review Branch, DEA, Institutes of Health, HHS) National Institutes of Health NIDDK, National Institutes of Health, Room Dated: April 1, 2003. 748, 6707 Democracy Boulevard, National LaVerne Y. Stringfield, National Institute of Diabetes and Institutes of Health, Bethesda, MD 20892, Digestive and Kidney Diseases; Notice Director, Office of Federal Advisory [email protected]. Committee Policy. of Closed Meetings Name of Committee: National Institute of [FR Doc. 03–8709 Filed 4–9–03; 8:45 am] Diabetes and Digestive and Kidney Diseases Pursuant to section 10(d) of the Special Emphasis Panel, Pediatric Diabetes. BILLING CODE 4140–01–M Federal Advisory Committee Act, as Date: April 28, 2003. amended (5 U.S.C. appendix 2), notice Time: 2 p.m. to 2:30 p.m. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND is hereby given of the following meetings. applications. HUMAN SERVICES Place: National Institutes of Health, Two The meetings will be closed to the Democracy Plaza, 6707 Democracy National Institutes of Health public in accordance with the Boulevard, Bethesda, MD 20892, (Telephone provisions set forth in sections Conference Call). National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Ned Feder, MD, Scientific Sciences; Notice of Closed Meeting as amended. The grant applications and Review Administrator, Review Branch, DEA, Pursuant to section 10(d) of the the discussions could disclose NIDDK, Room 748, 6707 Democracy Boulevard, National Institutes of Health, Federal Advisory Committee Act, as confidential trade secrets or commercial property such as patentable material, Bethesda, MD 20892, amended (5 U.S.C. appendix 2), notice [email protected]. is hereby given of the following and personal information concerning individuals associated with the grant Name of Committee: National Institute of meeting. Diabetes and Digestive and Kidney Diseases The meeting will be closed to the applications, the disclosure of which Special Emphasis Panel, PTHrP Action. public in accordance with the would constitute a clearly unwarranted Date: April 28, 2003. provisions set forth in sections invasion of personal privacy. Time: 2:30 p.m. to 3 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Agenda: To review and evaluate grant as amended. The grant applications and Diabetes and Digestive and Kidney Diseases applications. the discussions could disclose Special Emphasis Panel, Stem Cell Place: National Institutes of Health, Two confidential trade secrets or commercial Engraftment and Differentiation. Democracy Plaza, 6707 Democracy property such as patentable material, Date: April 22, 2003. Boulevard, Bethesda, MD 20892, (Telephone Time: 8:30 a.m. to 12:30 p.m. Conference Call). and personal information concerning Contact Person: Ned Feder, MD, Scientific individuals associated with the grant Agenda: To review and evaluate grant applications. Review Administrator, Review Branch, DEA, applications, the disclosure of which Place: Bethesda Marriott Suites, 6711 NIDDK, Room 748, 6707 Democracy would constitute a clearly unwarranted Democracy Boulevard, Bethesda, MD 20817. Boulevard, National Institutes of Health, invasion of personal privacy. Contact Person: John F. Connaughton, PhD, Bethesda, MD 20892, Name of Committee: National Institute of Scientific Review Administrator, Review [email protected]. General Medical Sciences Special Emphasis Branch, DEA, NIDDK, National Institutes of Name of Committee: National Institute of Panel in Anesthesiology. Health, Room 757, 6707 Democracy Diabetes and Digestive and Kidney Diseases Date: April 24, 2003. Boulevard, Bethesda, MD 20892, (301) 594– Special Emphasis Panel, Hepatoxicity Time: 8 a.m. to 4 p.m. 7797, [email protected]. Clinical Research Network. Agenda: To review and evaluate grant This notice is being published less than 15 Date: May 4–5, 2003. applications. days prior to the meeting due to the timing Time: 7 a.m. to 3 p.m. Place: Bethesda Marriott, 5151 Pooks Hill limitations imposed by the review and Agenda: To review and evaluate grant Road, Bethesda, MD 20814. funding cycle. applications.

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Place: Bethesda Marriott Suites, 6711 Dated: April 3, 2003. Research; 93.849, Kidney Diseases, Urology Democracy Boulevard, Bethesda, MD 20817. LaVerne Y. Stringfield, and Hematology Research, National Institutes Contact Person: Ned Feder, MD, Scientific Director, Office of Federal Advisory of Health, HHS) Review Administrator, Review Branch, DEA, Committee Policy. Dated: April 3, 2003. NIDDK, Room 748, 6707 Democracy LaVerne Y. Stringfield, Boulevard, National Institutes of Health, [FR Doc. 03–8712 Filed 4–9–03; 8:45 am] Bethesda, MD 20892, BILLING CODE 4140–01–M Director, Office of Federal Advisory [email protected]. Committee Policy. [FR Doc. 03–8713 Filed 4–9–03; 8:45 am] (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–M Endocrinology and Metabolic Research; HUMAN SERVICES 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology National Institutes of Health DEPARTMENT OF HEALTH AND and Hematology Research, National Institutes HUMAN SERVICES of Health, HHS) National Institute of Diabetes and Digestive and Kidney Diseases; Notice National Institutes of Health Dated: April 2, 2003. of Closed Meetings LaVerne Y. Stringfield, National Institute of Diabetes and Director, Office of Federal Advisory Pursuant to section 10(d) of the Digestive and Kidney Diseases; Notice Committee Policy. Federal Advisory Committee Act, as of Closed Meetings [FR Doc. 03–8711 Filed 4–9–03; 8:45 am] amended (5 U.S.C. Appendix 2), notice Pursuant to section 10(d) of the BILLING CODE 4140–01–M is hereby given of the following meetings. Federal Advisory Committee Act, as The meetings will be closed to the amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND public in accordance with the is hereby given of the following HUMAN SERVICES provisions set forth in sections meetings. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meetings will be closed to the National Institutes of Health as amended. The grant applications and public in accordance with the the discussions could disclose provisions set forth in sections National Institute on Deafness and confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Other Communication Disorders; property such as patentable material, as amended. The grant applications and Notice of Closed Meeting and personal information concerning the discussions could disclose individuals associated with the grant confidential trade secrets or commercial Pursuant to section 10(d) of the applications, the disclosure of which property such as patentable material, Federal Advisory Committee Act, as would constitute a clearly unwarranted and personal information concerning amended (5 U.S.C. Appendix 2), notice invasion of personal privacy. individuals associated with the grant is hereby given of the following applications, the disclosure of which meeting. Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases would constitute a clearly unwarranted The meeting will be closed to the Special Emphasis Panel, Esophageal Varices. invasion of personal privacy. public in accordance with the Date: April 28, 2003. Name of Committee: National Institute of provisions set forth in sections Time: 8 a.m. to 12 p.m. Diabetes and Digestive and Kidney Diseases 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Special Emphasis Panel, Treatment of as amended. The grant applications and applications. Diabetic Nephropathy. the discussions could disclose Place: Bethesda Marriott Suites, 6711 Date: April 8, 2003. Democracy Boulevard, Bethesda, MD 20817. confidential trade secrets or commercial Time: 2 p.m. to 4 p.m. Contact Person: Lakshmanan Sankaran, Agenda: To review and evaluate grant property such as patentable material, PhD, Scientific Review Administrator, applications. and personal information concerning Review Branch, DEA, NIDDK, Room 754, Place: National Institutes of Health, Two individuals associated with the grant 6707 Democracy Boulevard, National Democracy Plaza, 6707 Democracy applications, the disclosure of which Institutes of Health, Bethesda, MD 20892– Boulevard, Bethesda, MD 20892, (Telephone would constitute a clearly unwarranted 6600, (301) 594–7799, [email protected]. Conference Call). invasion of personal privacy. Name of Committee: National Institute of Contact Person: Neal A. Musto, PhD, Scientific Review Administrator, Review Name of Committee: National Institute on Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, Podocyte Biology Branch, DEA, NIDDK, Room 751, 6707 Deafness and Other Communications Democracy Boulevard, National Institutes of Disorders Special Emphasis Panel, Review of Disease. Date: May 9, 2003. Health, Bethesda, MD 20892–6600, (301) Core Center Grants. 594–7798, [email protected]. Date: May 14, 2003. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant This notice is being published less than 15 Time: 3 p.m. to 4 p.m. days prior to the meeting due to the timing Agenda: To review and evaluate grant applications. Place: Ritz-Carlton Hotel at Pentagon City, limitations imposed by the review and applications. funding cycle. Place: National Institutes of Health, 6120 1250 South Hayes Street, Arlington, VA Executive Blvd., Rockville, MD 20852 22202. Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases (Telephone Conference Call). Contact Person: Maxine A. Lesniak, PHM, Special Emphasis Panel, P01 Group 3: Type Contact Person: Melissa Stick, Ph.D. MPH, Scientific Review Administrator, Review 1 Diabetes. Scientific Review Administrator, Scientific Branch, DEA, NIDDK, Room 756, 6707 Date: April 23, 2003. Review Branch, Division of Extramural Democracy Boulevard, National Institutes of Time: 8 a.m. to 3 p.m. Research, NIDCD/NIH, 6120 Executive Blvd., Health, Bethesda, MD 20892–6600, (301) Agenda: To review and evaluate grant Bethesda, MD 20892, 301–496–8683. 594–7792, [email protected]. applications. (Catalog of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Place: Bethesda Marriott Suites, 6711 Program Nos. 93.173, Biological Research Program Nos. 93.847, Diabetes, Democracy Boulevard, Bethesda, MD 20817. Related to Deafness and Communicative Endocrinology and Metabolic Research; Contact Person: Lakshmanan Sankaran, Disorders, National Institutes of Health, HHS) 93.848, Digestive Diseases and Nutrition PhD, Scientific Review Administrator,

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Review Branch, DEA, NIDDK, Room 754, DEPARTMENT OF HEALTH AND Branch, DEA, NIDDK, National Institutes of 6707 Democracy Boulevard, National HUMAN SERVICES Health, Room 749, 6707 Democracy Institutes of Health, Bethesda, MD 20892– Boulevard, Bethesda, MD 20892–6600, (301) 6600, (301) 594–7799, [email protected]. National Institutes of Health 594–8894, [email protected]. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Diabetes and Digestive and Kidney Diseases National Institute of Diabetes and Endocrinology and Metabolic Research; Special Emphasis Panel, a Multi-Center Digestive and Kidney Diseases; Notice of Closed Meetings 93.848, Digestive Diseases and Nutrition Therapy Trial for Acute Liver Failure. Research; 93.849, Kidney Diseases, Urology Date: April 23, 2003. Pursuant to section 10(d) of the and Hematology Research, National Institutes Time: 10 a.m. to 11:30 a.m. Federal Advisory Committee Act, as of Health, HHS) Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice Dated: April 02, 2003. applications. is hereby given of the following LaVerne Y. Stringfield, Place: National Institutes of Health, Two meetings. Democracy Plaza, 6707 Democracy The meetings will be closed to the Director, Office of Federal Advisory Committee Policy. Boulevard, Bethesda, MD 20892, (Telephone public in accordance with the Conference Call). provisions set forth in sections [FR Doc. 03–8717 Filed 4–9–03; 8:45 am] Contact Person: Carolyn Miles, PhD., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M Scientific Review Administrator Review as amended. The grant applications and Branch, DEA, NIDDK, Room 755, 6707 the discussions could disclose Democracy Boulevard, National Institutes of DEPARTMENT OF HEALTH AND confidential trade secrets or commercial HUMAN SERVICES Health, Bethesda, MD 20892 (301) 594–7791 property such as patentable material, [email protected]. and personal information concerning National Institutes of Health Name of Committee: National Institute of individuals associated with the grant Diabetes and Digestive and Kidney Diseases applications, the disclosure of which National Institute of Diabetes and Special Emphasis Panel, Developing GBM. would constitute a clearly unwarranted Digestive and Kidney Diseases; Notice Date: April 28, 2003. invasion of personal privacy. of Meeting Time: 8 a.m. to 4:30 p.m. Name of Committee: National institute of Agenda: To review and evaluate grant Diabetes and Digestive and Kidney Diseases Pursuant to section 10(d) of the applications. Special Emphasis Panel, Renal Transport and Federal Advisory Committee Act, as Place: Ritz-Carlton Pentagon City, 1250 Function. amended (5 U.S.C. Appendix 2), notice South Hayes Street, Arlington, VA 22202. Date: April 28, 2003. is hereby given of a meeting of the Contact Person: Maxine A. Lesniak, PHM, Time: 8 a.m. to 5 p.m. Board of Scientific Counselors, NIDDK. Scientific Review Administrator, Review Agenda: To review and evaluate grant applications. The meeting will be open to the Branch, DEA, NIDDK, Room 756, 6707, public as indicated below, with Democracy Boulevard, National Institutes of Place: Hyatt Regency Bethesda, One attendance limited to space available. Health, Bethesda, MD 20892–6600, (301) Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. Individuals who plan to attend and 594–7792, [email protected]. Contact Person: Michele L. Barnard, PhD, need special assistance, such as sign Name of Committee: National Institute of Scientific Review Administrator, Review language interpretation or other Diabetes and Digestive and Kidney Diseases Branch, DEA, NIDDK, National Institutes of reasonable accommodations, should Special Emphasis Panel, Biomarker Trial for Health, Room 753, 6707 Democracy notify the Contact Person listed below Immunosuppressants. Boulevard, Bethesda, MD 20892–6600, (301) 594–8898, [email protected]. in advance of the meeting. The meeting Date: May 1, 2003. will be closed to the public as indicated Time: 4 p.m. to 5:30 p.m. Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases below in accordance with the provisions Agenda: To review and evaluate grant set forth in section 552b(c)(6), Title 5 applications. Special Emphasis Panel, Translational Research For the Prevention and Control of U.S.C., as amended for the review, Place: National Institutes of Health, Two Diabetes. discussion, and evaluation of individual Democracy Plaza, 6707 Democracy Date: May 6, 2003. intramural programs and projects Boulevard, Bethesda, MD 20892, (Telephone Time: 8 a.m. to 3 p.m. conducted by the National Institute of Conference Call). Agenda: To review and evaluate grant Contact Person: Carolyn Miles, PhD, applications. Diabetes and Digestive and Kidney Scientific Review Administrator, Review Place: Bethesda Marriott Suites, 6711 Diseases, including consideration of Branch, DEA, NIDDK, Room 755, 6707 Democracy Boulevard, Bethesda, MD 20817. personnel qualifications and Democracy Boulevard, National Institutes of Contact Person: Michele L. Barnard, PhD, performance, and the competence of Health, Bethesda, MD 20892, (301) 594–7791, Scientific Review Administrator, Review individual investigators, the disclosure Branch, DEA, NIDDK, National Institutes of [email protected]. of which would constitute a clearly Health, Room 753, 6707 Democracy unwarranted invasion of personal (Catalogue of Federal Domestic Assistance Boulevard, Bethesda, MD 20892–6600, (301) privacy. Program Nos. 93.837, Diabetes, 594–8898, [email protected]. Endocrinology and Metabolic Research; Name of Committee: National Institute of Name of Committee: Board of Scientific 93.848, Digestive Diseases and Nutrition Diabetes and Digestive and Kidney Diseases Counselors, NIDDK. Research; 93.849, Kidney Diseases, Urology Special Emphasis Panel, T32 Review. Date: May 14, 2003. Open: 8:30 am to 8:45 am. and Hematology Research, National Institutes Date: May 6, 2003. Agenda: Introductions and Overview. of Health, HHS) Time: 12 p.m. to 1 p.m. Agenda: To review and evaluate grant Place: National Institutes of Health, Dated: April 2, 2003. applications. Building 5, Room 127, Bethesda, MD 20892. LaVerne Y. Stringfield, Place: National Institutes of Health, Two Closed: 8:45 am to adjournment. Agenda: To review and evaluate personal Director, Office of Federal Advisory Democracy Plaza, 6707 Democracy qualifications and performance, and Committee Policy. Boulevard, Bethesda, MD 20892, (Telephone Conference Call). competence of individual investigators. [FR Doc. 03–8714 Filed 4–9–03; 8:45 am] Contact Person: Dan E. Matsumoto, PhD, Place: National Institutes of Health, BILLING CODE 4140–01–M Scientific Review Administrator, Review Building 5, Room 127, Bethesda, MD 20892.

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Contact Person: Marvin C Gershengorn, limitations imposed by the review and Health, 6701 Rockledge Drive, Room 3176, MD, Scientific Director, Division of funding cycle. MSC 7808, Bethesda, MD 20892, (301) 435– Intramural Research, National Institute of Name of Committee: Center for Scientific 1147. Diabetes and Digestive and Kidney Diseases, Review Special Emphasis Panel, Carcadian This notice is being published less than 15 National Institutes of Health, 9000 Rockville Rhythms. days prior to the meeting due to the timing Pike, Bldg. 10, Rm. 9N222., Bethesda, MD Date: April 4, 2003. limitations imposed by the review and 20892, (301) 496–4129. Time: 12 p.m. to 2 p.m. funding cycle. In the interest of security, NIH has Agenda: To review and evaluate grant Name of Committee: Center for Scientific instituted stringent procedures for entrance applications. Review Special Emphasis Panel, into the building by non-government Place: National Institutes of Health, 6701 Pneumococcal Polysaccharide Vaccine employees. Persons without a government Rockledge Drive, Bethesda, MD 20892, Factors. I.D. will need to show a photo I.D. and sign- (Telephone Conference Call). Date: April 9, 2003. in at the security desk upon entering the Contact Person: Daniel R. Kenshalo, PhD, Time: 3 p.m. to 4 p.m. building. Scientific Review Administrator, Center for Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Scientific Review, National Institutes of applications. Program Nos. 93.847, Diabetes, Health, 6701 Rockledge Drive, Room 5176, Place: National Institutes of Health, 6701 Endocrinology and Metabolic Research: MSC 7844, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, 93.848, Digestive Diseases and Nutrition 1255. (Telephone Conference Call). Research; 93,849, Kidney Disease, Urology This notice is being published less than 15 Contact Person: Timothy J. Henry, PhD, and Hematology Research, National Institutes days prior to the meeting due to the timing Scientific Review Administrator, Center for of Health, HHS) limitations imposed by the review and Scientific Review, National Institutes of Dated: April, 2, 2003. funding cycle. Health, 6701 Rockledge Drive, Room 3196, MSC 7808, Bethesda, MD 20892, (301) 435– LaVerne Y. Stringfield, Name of Committee: Center for Scientific 1147. Director, Office of Federal Advisory Review Special Emphasis Panel, Anxiety and This notice is being published less than 15 Committee Policy. Stress. days prior to the meeting due to the timing Date: April 7, 2003. [FR Doc. 03–8718 Filed 4–9–03; 8:45 am] limitations imposed by the review and Time: 4 p.m. to 5 p.m. funding cycle. BILLING CODE 4140–01–M Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Review Special Emphasis Panel, Reactivated Place: National Institutes of Health, 6701 Coxiella Burnetii Application. DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892, Date: April 11, 2003. HUMAN SERVICES (Telephone Conference Call). Time: 11 a.m. to 12 p.m. Contact Person: Daniel R. Kenshalo, PhD, Agenda: To review and evaluate grant National Institutes of Health Scientific Review Administrator, Center for applications. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Center for Scientific Review; Notice of Health, 6701 Rockledge Drive, Room 5176, Closed Meetings Rockledge Drive, Bethesda, MD 20892, MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). 1255. Pursuant to section 10(d) of the Contact Person: Timothy J. Henry, PhD, This notice is being published less than 15 Scientific Review Administrator, Center for Federal Advisory Committee Act, as days prior to the meeting due to the timing amended (5 U.S.C. Appendix 2), notice Scientific Review, National Institutes of limitations imposed by the review and Health, 6701 Rockledge Drive, Room 3196, is hereby given of the following funding cycle. MSC 7808, Bethesda, MD 20892, (301) 435– meetings. Name of Committee: Center for Scientific 1147. The meetings will be closed to the Review Special Emphasis Panel, Synaptic This notice is being published less than 15 public in accordance with the Plasticity. days prior to the meeting due to the timing provisions set forth in sections Date: April 7, 2003. limitations imposed by the review and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 12 p.m. to 1 p.m. funding cycle. as amended. The grant applications and Agenda: To review and evaluate grant Name of Committee: Center for Scientific the discussions could disclose applications. Review Special Emphasis Panel, Regulation confidential trade secrets or commercial Place: National Institutes of Health, 6701 of Hepatocyte Gene Expression. Rockledge Drive, Bethesda, MD 20892, Date: April 11, 2003. property such as patentable material, (Telephone Conference Call). and personal information concerning Time: 1:30 p.m. to 2:30 p.m. Contact Person: Daniel R. Kenshalo, PhD, Agenda: To review and evaluate grant individuals associated with the grant Scientific Review Administrator, Center for applications. applications, the disclosure of which Scientific Review, National Institutes of Place: National Institutes of Health, 6701 would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 5176, Rockledge Drive, Bethesda, MD 20892, invasion of personal privacy. MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). 1255. Name of Committee: Center for Scientific Contact Person: Elaine Sierra-Rivera, PhD, This notice is being published less than 15 Scientific Review Administrator, Center for Review Special Emphasis Panel, days prior to the meeting due to the timing Understanding Mentor-Child Relationships. Scientific Review, National Institutes of limitations imposed by the review and Date: April 4, 2003. Health, 6701 Rockledge Drive, Room 6184, funding cycle. Time: 11 a.m. to 12 p.m. MSC 7804, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Name of Committee: Center for Scientific 1779, [email protected]. applications. Review Special Emphasis Panel, Factors in This notice is being published less than 15 Place: National Institutes of Health, 6701 Pseudomonas Virulence. days prior to the meeting due to the timing Rockledge Drive, Bethesda, MD 20892, Date: April 8, 2003. limitations imposed by the review and (Telephone Conference Call). Time: 1 p.m. to 2 p.m. funding cycle. Contact Person: Michael Micklin, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator, Center for applications. Review Special Emphasis Panel, Oral Biology Scientific Review, National Institutes of Place: National Institutes of Health, 6701 and Medicine SBIR/STTR Special Emphasis Health, 6701 Rockledge Drive, Room 3178, Rockledge Drive, Bethesda, MD 20892, Panel. MSC 7848, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: April 14, 2003. 1258, [email protected]. Contact Person: Timothy J. Henry, PhD, Time: 10 a.m. to 3 p.m. This notice is being published less than 15 Scientific Review Administrator, Center for Agenda: To review and evaluate grant days prior to the meeting due to the timing Scientific Review, National Institutes of applications.

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Place: The River Inn, 924 Twenty-Fifth Date: April 15, 2003. limitations imposed by the review and Street, NW., Washington, DC 20037. Time: 12 p.m. to 1 p.m. funding cycle. Contact Person: J. Terrell Hoffeld, DDS, Agenda: To review and evaluate grant Name of Committee: Center for Scientific PhD, Dental Officer, USPHS, Center for applications. Review Special Emphasis Panel, Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Transmission of Prion Disease. Health, 6701 Rockledge Drive, Room 4116, Rockledge Drive, Bethesda, MD 20892, Date: April 17, 2003. MSC 7816, Bethesda, MD 20892, 301/435– (Telephone Conference Call). Time: 1 p.m. to 2 p.m. 1781, [email protected]. Contact Person: Daniel R. Kenshalo, PhD, Agenda: To review and evaluate grant This notice is being published less than 15 Scientific Review Administrator, Center for applications. days prior to the meeting due to the timing Scientific Review, National Institutes of Place: National Institutes of Health, One limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5176, Democracy Plaza, 6701 Democracy funding cycle. MSC 7844, Bethesda, MD 20892, (301) 435– Boulevard, Bethesda, MD 20892, (Telephone Name of Committee: Center for Scientific 1255. Conference Call). Review Special Emphasis Panel, AARR 4 This notice is being published less than 15 Contact Person: Jean Hickman, PhD, Reviewer Conflict. days prior to the meeting due to the timing Scientific Review Administrator, Center for Date: April 14, 2003. limitations imposed by the review and Scientific Review, National Institutes of Time: 10 a.m. to 12 p.m. funding cycle. Health, 6701 Rockledge Drive, Room 4194, MSC 7808, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Name of Committee: Center for Scientific 1146. applications. Review Special Emphasis Panel, Drug This notice is being published less than 15 Place: National Institutes of Health, 6701 Addiction. days prior to the meeting due to the timing Rockledge Drive, Bethesda, MD 20892, Date: April 16, 2003. (Telephone Conference Call). limitations imposed by the review and Time: 4 p.m. to 5:30 p.m. funding cycle. Contact Person: Eduardo A. Montalvo, Agenda: To review and evaluate grant PhD, Scientific Review Administrator, Center applications. Name of Committee: Center for Scientific for scientific Review, National Institutes of Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Breast Health, 6701 Rockledge Drive, Room 5108 Rockledge Drive, Bethesda, MD 20892, Cancer Studies. Date: April 17, 2003. MSC 7852, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Time: 3 p.m. to 4:30 p.m. 1168. Contact Person: Daniel R. Kenshalo, PhD, Agenda: To review and evaluate grant This notice is being published less than 15 Scientific Review Administrator, Center for applications. days prior to the meeting due to the timing Scientific Review, National Institutes of Place: National Institutes of Health, 6701 limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5176, Rockledge Drive, Bethesda, MD 20892, funding cycle. MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Name of Committee: Center for Scientific 1255. Contact Person: Angela Y. Ng, PhD, MBA, Review Special Emphasis Panel, Skin Cancer This notice is being published less than 15 Scientific Review Administrator, Center for Prevention. days prior to the meeting due to the timing Scientific Review, National Institutes of Date: April 14, 2003. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 6200, Time: 3 p.m. to 4 p.m. funding cycle. MSC 7804, (For courier delivery, use MD Agenda: To review and evaluate grant Name of Committee: Center for Scientific 20817), Bethesda, MD 20892, 301–435–1715, applications. Review Special Emphasis Panel, [email protected]. Place: National Institutes of Health, 6701 Immunology: Lymphocyte Development. This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892, Date: April 17, 2003. days prior to the meeting due to the timing (Telephone Conference Call). Time: 1 p.m. to 2:30 p.m. limitations imposed by the review and Contact Person: Lee S. Mann, PhD, JD, Agenda: To review and evaluate grant funding cycle. Scientific Review Administrator, Center for applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 3186, Review Special Emphasis Panel, Rockledge Drive, Bethesda, MD 20892, Transcriptional Immunology. MSC 7848, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: April 18, 2003. 0677. Contact Person: Stephen M. Nigida, PhD, Time: 1 p.m. to 3 p.m. This notice is being published less than 15 Scientific Review Administrator, Center for Agenda: To review and evaluate grant days prior to the meeting due to the timing Scientific Review, National Institutes of applications. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 4112, Place: National Institutes of Health, 6701 funding cycle. MSC 7812, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific 3565. (Telephone Conference Call). Review Special Emphasis Panel, This notice is being published less than 15 Contact Person: Cathleen L. Cooper, PhD, Transsynaptic Labelling. days prior to the meeting due to the timing Scientific Review Administrator, Center for Date: April 14, 2003. limitations imposed by the review and Scientific Review, National Institutes of Time: 12 p.m. to 1 p.m. funding cycle. Health, Department of Health and Human Agenda: To review and evaluate grant Name of Committee: Center for Scientific Services, 6701 Rockledge Drive, Room 4208, applications. Review Special Emphasis Panel, Gene MSC 7812, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Transcription in Diabetes. 3566, [email protected]. Rockledge Drive, Bethesda, MD 20892, Date: April 17, 2003. This notice is being published less than 15 (Telephone Conference Call). Time: 1 p.m. to 2 p.m. days prior to the meeting due to the timing Contact Person: Daniel R. Kenshalo, PhD, Agenda: To review and evaluate grant limitations imposed by the review and Scientific Review Administrator, Center for applications. funding cycle. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5176, Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, ZRG1 IFCN MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). 2 (04) Neuroendocrinology, 1255. Contact Person: Anshumali Chaudhari, Neuroimmunology, and Behavior. This notice is being published less than 15 PhD, Scientific Review Administrator, Center Date: April 21, 2003. days prior to the meeting due to the timing for Scientific Review, National Institutes of Time: 2 p.m. to 3:30 p.m. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 4124, Agenda: To review and evaluate grant funding cycle. MSC 7802, Bethesda, MD 20892, (301) 435– applications. Name of Committee: Center for Scientific 1210. Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Sleep This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892, Mechanisms. days prior to the meeting due to the timing (Telephone Conference Call).

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Contact Person: Richard Marcus, PhD, Time: 4 p.m. to 5 p.m. Scientific Review, National Institutes of Scientific Review Administrator, Center for Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6206, Scientific Review, National Institutes of applications. MSC 7804, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5168, Place: National Institutes of Health, 6701 1719. MSC 7844, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific 1245, [email protected]. (Telephone Conference Call). Review Special Emphasis Panel, Fellowship: This notice is being published less than 15 Contact Person: J Terrell Hoffeld, DDS, Molecular Pharmacology. days prior to the meeting due to the timing PhD, Dental Officer, USPHS, Center for Date: April 24, 2003. limitations imposed by the review and Scientific Review, National Institutes of Time: 3 p.m. to 4 p.m. funding cycle. Health, 6701 Rockledge Drive, Room 4116, Agenda: To review and evaluate grant Name of Committee: Center for Scientific MSC 7816, Bethesda, MD 20892, 301/435– applications. Review Special Emphasis Panel, Oral 1781, [email protected]. Place: National Institutes of Health, 6701 Biology. This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892, Date: April 21, 2003. days prior to the meeting due to the timing (Telephone Conference Call). Time: 2:30 p.m. to 4 p.m. limitations imposed by the review and Contact Person: Sharon K. Gubanich, PhD, Agenda: To review and evaluate grant funding cycle. Scientific Review Administrator, Center for applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Chronic Health, 6701 Rockledge Drive, Room 4140, Rockledge Drive, Bethesda, MD 20892, Fatigue Syndrome/Fibromyalgia Syndrome. MSC 7804, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: April 22, 2003. 1767. Contact Person: Priscilla B. Chen, PhD, Time: 2 p.m. to 4 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Member Scientific Review, National Institutes of applications. Conflict: Epidemiology of Aging. Health, 6701 Rockledge Drive, Room 4104, Place: National Institutes of Health, 6701 Date: April 24, 2003. MSC 7814, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Time: 4 p.m. to 5:30 p.m. 1787. (Telephone Conference Call). Agenda: To review and evaluate grant This notice is being published less than 15 Contact Person: J Terrell Hoffeld, DDS, applications. days prior to the meeting due to the timing PhD, Dental Officer, USPHS, Center for Place: National Institutes of Health, 6701 limitations imposed by the review and Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, funding cycle. Health, 6701 Rockledge Drive, Room 1446, (Telephone Conference Call). Name of Committee: Center for Scientific MSC 7816, Bethesda, MD 20892, 301/435– Contact Person: Ann Hardy, DRPH, Scientific Review Administrator, Center for Review Special Emphasis Panel, Leukemia 1781, [email protected]. Scientific Review, National Institutes of Studies. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3158, Date: April 21, 2003. Review Special Emphasis Panel, Plasticity MSC 7770, Bethesda, MD 20892, (301) 435– Time: 3 p.m. to 4:30 p.m. and Cell Proliferation. 0695, [email protected]. Agenda: To review and evaluate grant Date: April 22, 2003. applications. Time: 12 p.m. to 2 p.m. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Review Special Emphasis Panel, Anthrax. Rockledge Drive, Bethesda, MD 20892, applications. Date: April 25, 2003. (Telephone Conference Call). Place: National Institutes of Health, 6701 Time: 8 a.m. to 5 p.m. Contact Person: Angela Y. Ng, PhD, MBA, Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant Scientific Review Administrator, Center for (Telephone Conference Call). applications. Scientific Review, National Institutes of Contact Person: Daniel R. Kenshalo, PhD, Place: Holiday Inn Select Bethesda, 8120 Health, 6701 Rockledge Drive, Room 6200, Scientific Review Administrator, Center for Wisconsin Avenue, Bethesda, MD 20814. MSC 7804, (For courier delivery, use MD Scientific Review, National Institutes of Contact Person: Robert Freund, PhD, 20817), Bethesda, MD 20892, 301–435–1715. Health, 6701 Rockledge Drive, Room 5176, Scientific Review Administrator, Center for This notice is being published less than 15 MSC 7844, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of days prior to the meeting due to the timing 1255. Health, 6701 Rockledge Drive, Room 4198, limitations imposed by the review and MSC 7808, Bethesda, MD 20892, 301–435– Name of Committee: Center for Scientific 1050, [email protected]. funding cycle. Review Special Emphasis Panel, Clinical Name of Committee: Center for Scientific Trials. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine, Review Special Emphasis Panel, Cancer Date: April 23, 2003. 93.306; 93.333, Clinical Research, 93.333, Therapy. Time: 9:30 a.m. to 10:30 a.m. 93.337, 93.393–93.396, 93.837–93.844, Date: April 21, 2003. Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National Time: 3 p.m. to 5 p.m. applications. Institutes of Health, HHS) Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 applications. Rockledge Drive, Bethesda, MD 20892, Dated: April 2, 2003. Place: National Institutes of Health, 6701 (Telephone Conference Call). LaVerne Y. Stringfield, Rockledge Drive, Bethesda, MD 20892, Contact Person: Marcia Litwack, PhD, Director, Office of Federal Advisory (Telephone Conference Call). Scientific Review Administrator, Center for Committee Policy. Contact Person: Philip Perkins, PhD, Scientific Review, National Institutes of Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 6206, [FR Doc. 03–8719 Filed 4–9–03; 8:45 am] Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20892, (301) 435– BILLING CODE 4140–01–M Health, 6701 Rockledge Drive, Room 6208, 1719. MSC 7804, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific 1718, [email protected]. Review Special Emphasis Panel, Hypoxia. DEPARTMENT OF HOMELAND This notice is being published less than 15 Date: April 23, 2003. SECURITY days prior to the meeting due to the timing Time: 3 p.m. to 4 p.m. limitations imposed by the review and Agenda: To review and evaluate grant Transportation Security Administration funding cycle. applications. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Aviation Security Advisory Committee Review Special Emphasis Panel, Chronic Rockledge Drive, Bethesda, MD 20892, Meeting Fatigue Syndrome/Fibromyalgia Syndrome (Telephone Conference Call). SBIR/STTP Review Panel. Contact Person: Marcia Litwack, PhD, AGENCY: Transportation Security Date: April 21, 2003. Scientific Review Administrator, Center for Administration (TSA), DHS.

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ACTION: Notice of meeting. DEPARTMENT OF HOUSING AND Title of Proposal: Survey of Users of URBAN DEVELOPMENT Products from the Office of Policy Development and Research (PD&R). SUMMARY: This notice announces a [Docket No. FR–4818–N–03] meeting of the Aviation Security Description of the need for the Advisory Committee (ASAC). Notice of Proposed Information information and proposed use: Each Collection for Public Comment on A year PD&R produces and facilitates the DATES: The meeting will take place on Survey of Users of Products From the dissemination of approximately 60 April 30, 2003, from 9 a.m. to 12:30 p.m. Office of Policy Development and publications through its distribution ADDRESSES: The meeting will be held at Research clearinghouse HUD USER. In 1978 the Hyatt Regency Crystal City, 2799 PD&R established HUD USER as an AGENCY: Office of the Assistant information source for housing and Jefferson Davis Highway, Arlington, VA Secretary for Public Development and 22202. community development researchers Research, HUD. and policymakers. In the last calendar FOR FURTHER INFORMATION CONTACT: Dan ACTION: Notice. year, over 4,000,000 housing research Mullarkey, Office of Transportation publications were downloaded from the SUMMARY: The proposed information Security Policy, TSA Headquarters HUD USER Web site and on average collection requirement described below (West Tower, Floor 11), 400 Seventh St. 70,000 unique visitors stop by the site will be submitted to the Office of each month. Over the past few years, SW., Washington, DC, 20590; telephone Management and Budget (OMB) for over 80,000 individuals have placed 571–227–2635, e-mail review, as required by the Paperwork orders for HUD USER research products. [email protected]. Reduction Act. The Department is In order to evaluate the impact of its soliciting public comments on the SUPPLEMENTARY INFORMATION: This current programs and to measure its subject proposal. meeting is announced pursuant to dissemination efforts, PD&R will study section 10(a)(2) of the Federal Advisory DATES: Comments Due Date: June 9, the opinions of stakeholders and people Committee Act, as amended (5 U.S.C. 2003. who request PD&R products regarding App.). The agenda for the meeting will ADDRESSES: Interested persons are the extent to which PD&R research include a discussion of cargo security invited to submit comments regarding makes a difference and contributes to and general aviation initiatives. In this proposal. Comments should refer to the development of best practices. addition, cargo working groups will be the proposal by name and/or OMB Agency Form Numbers: None. formed. This meeting, from 9 a.m. to Control Number and should be sent to: Members of the Affected Public: Users 12:30 p.m., is open to the public but Reports Liaison Officer, Office of Policy of products from the Office of Policy attendance is limited to space available. Development and Research, Department Development and Research. of Housing and Urban Development, Estimation of the total number of The newly formed cargo working 451 7th Street, SW., Room 8226, house needed to prepare the groups will hold follow-on meetings on Washington, DC 20410–6000. information collection including April 30, 2003, and all day on May 1, FOR FURTHER INFORMATION CONTACT: number of respondents, frequency of 2003. These working group meetings Barbara Haley, 202–708–5537, ext. 5708 response, and hours of response: will be closed to the public. (this is not a toll-free number), for Information will be collected by a one- Members of the public must make copies of the proposed forms and other time telephone survey of 75 individuals advance arrangements to present oral available documents. who are users of products from the statements at the open ASAC meeting. SUPPLEMENTARY INFORMATION: The Office of Policy Development and Written statements may be presented to Department will submit the proposed Research. The survey will take the committee by providing copies of information collection to OMB for approximately 30 minutes to complete. them to the Chair prior to or at the review, as required by the Paperwork This means a total of 37.5 hours of meeting. Anyone in need of assistance Reduction Act of 1995 (44 U.S.C. response time annually for the or a reasonable accommodation for the Chapter 35, as amended). This notice is information collection. meeting, should contact the person soliciting comments from members of Status of the Proposed Information Collection: Pending OMB approval. listed under the heading FOR FURTHER the public and affected agencies INFORMATION CONTACT. In addition, sign concerning the proposed collection of Authority: Section 3506 of the Paperwork and oral interpretation, as well as a information to: (1) Evaluate whether the Reduction Act of 1995, 44 U.S.C. Chapter 35, listening device, can be made available proposed collection of information is as amended. at the meeting if requested 10 calendar necessary for the proper performance of Dated: April 03, 2003. the functions of the agency, including days before the meeting. Arrangements Christopher D. Lord, whether the information will have may be made by contacting the person Deputy Assistant Secretary for Policy practical utility; (2) Evaluate the listed under the heading FOR FURTHER Development. accuracy of the agency’s estimate of the [FR Doc. 03–8693 Filed 4–9–03; 8:45 am] INFORMATION CONTACT. burden of the proposed collection of BILLING CODE 4210–67–M Issued in Arlington, Virginia, on April 4, information; (3) Enhance the quality, 2003. utility, and clarity of the information to Tom Blank, be collected and (4) Minimize the DEPARTMENT OF THE INTERIOR Assistant Administrator for Transportation burden of the collection of information on those who are to respond; including Security Policy. Fish and Wildlife Service [FR Doc. 03–8813 Filed 4–9–03; 8:45 am] through the use of appropriate automated collection techniques or BILLING CODE 4910–62–P Notice of Receipt of Application for other forms of information technology, Endangered Species Permit e.g., permitting electronic submission of responses. This Notice also lists the AGENCY: Fish and Wildlife Service, following information: Interior.

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ACTION: Notice of receipt. designating additional miles to the (Pub. L. 90–542, as amended), the Westfield River, Massachusetts, Secretary has the authority to add a SUMMARY: The following applicant has National Wild and Scenic River. The river to the National System at the applied for a permit to conduct certain National Park Service has found that the request of a state, provided the state has activities with an endangered species. Westfield River, Massachusetts (Upper met certain prior conditions and the This notice is provided pursuant to East Branch and Tributaries: Drowned river meets eligibility criteria, based section 10(c) of the Endangered Species Land Brook; Center Brook; Windsor upon an evaluation of natural and Act of 1973, as amended (16 U.S.C. 1531 Jambs Brook—Towns of Savoy and cultural resources. et seq.): Windsor; Headwater Tributaries of the These conditions are: PRT—TE069518 West Branch: Shaker Mill Brook; Depot (1) The river must have been Brook; Savery Brook; Watson Brook; Applicant: University of Maine, designated as a component of a states Center Pond Brook—Towns of Becket Orono, Maine wild or scenic rivers system by, or and Washington; Lower Middle Branch, DATES: Written data or comments on pursuant to, an act of the legislature of East Branch and Main Stem—Town of that state. this application must be received at the Huntington) is eligible for the national (2) Management of the river must be address given below by May 12, 2003. system and is recommending that this administered by an agency or political ADDRESSES: Documents and other section of the river be designated. subdivision of the state, except for those information submitted with this DATES: Submit comments on or before application are available for review by lands administered by an agency of the May 27, 2003. Federal government. any party who submits a written request ADDRESSES: Copies of the draft report for a copy of such documents to the (3) The river meets National Wild and are available for public inspection at: Scenic River eligibility criteria, that is, following office within 30 days of the National Park Service, Boston Support date of publication of this notice: U.S. that the river is free-flowing and Office, 15 State Street, Boston, MA possesses one or more outstanding Fish and Wildlife Service, 300 Westgate 02109; National Park Service, 1201 Eye Center Drive, Hadley, Massachusetts resources of significance to the region or Street, NW., Washington, DC 20240– nation. 01035. Attention: Diane Lynch, Regional 0001. Hours of availability are between (4) There must be effective Endangered Species Permits 8:30 a.m. and 4:30 p.m., Monday mechanisms and regulations in place— Coordinator, telephone: (413) 253–8628; through Friday, except holidays. local, state or federal—to provide for the facsimile: (413) 253–8482. Additional copies for review are located long-term protection of those resources FOR FURTHER INFORMATION CONTACT: in the Huntington, Savoy, Washington, for which the river was deemed eligible. Diane Lynch, telephone: (413) 253– and Windsor Town Halls; during 8628; facsimile (413) 253–8482. normal hours of operation. Copies of the Upon the request of a state governor SUPPLEMENTARY INFORMATION: You are draft report may be obtained from Jamie to the Secretary of the Interior, the invited to comment on the application Fosburgh, National Park Service, Boston National Park Service, acting for the from the University of Maine, PRT– Support Office, 15 State Street, Boston, Secretary, undertakes an evaluation of TE069510. This application requests MA, 617–223–5191. The full draft report the state’s request. authorization to take (harass, in the form may be viewed at http://www.nps.gov/ As a result of the evaluation, the of stress, and kill) Gulf of Maine, rivers. National Park Service has concluded distinct population segment, Atlantic Comments should be directed to the that all requirements were fully met for salmon (Salmo salar) stocks, for National Park Service, Boston Support the designation extension for the scientific purposes. DPS stocks for this Office, attention Jamie Fosburgh at the Westfield River. study include stock from the: Denny’s, address above. The National Park Service Machias, East Machias, Pleasant, FOR FURTHER INFORMATION CONTACT: recommends that the following Sheepscot, and Narraguagus Rivers. No Jamie Fosburgh, National Park Service, segments of the Westfield River be wild fish will be used in this study only Boston Support Office, 15 State Street, classified as: stocks currently propagated at the Craig Boston, MA, 617–223–5191. Wild: Shaker Mill Brook, Brook National Fish Hatchery. SUPPLEMENTARY INFORMATION: On April approximately 2.6 miles from Brooker Dated: March 28, 2003. 26, 2002, Acting Governor Jane Swift of Hill Road in Becket to its headwaters. Richard O. Bennett, the Commonwealth of Massachusetts Scenic: Upper East Branch, 6.6 miles Acting Regional Director. petitioned the Secretary of the Interior from the Windsor/Cummington town [FR Doc. 03–8743 Filed 4–9–03; 8:45 am] to extend the Westfield River’s Wild and line to its confluence; Upper East Branch Tributaries—Drowned Land BILLING CODE 4310–55–M Scenic designation to include additional segments of the river and its headwaters Brook, 1.5 miles; Center Brook, 2.5 (34.8 miles) under the National Wild miles; and Windsor Jambs Brook, 1.3 DEPARTMENT OF THE INTERIOR and Scenic Rivers Act. The sections of miles; and Headwater Tributaries of the river under consideration includes the West Branch—Shaker Mill Brook, National Park Service Upper East Branch and Tributaries: approximately 1.2 miles from Brooker Drowned Land Brook; Center Brook; Hill Road in Becket to its confluence; Availability of Draft Wild and Scenic Windsor Jambs Brook in the Towns of Depot Brook, 4.5 miles; Savery Brook, River Eligibility Report for the Savoy and Windsor; the Headwater 2.9 miles; Watson Brook, 1.9 miles; Westfield River, MA Tributaries of the West Branch: Shaker Center Pond Brook, 1.6 miles from AGENCY: National Park Service, Interior. Mill Brook; Depot Brook; Savery Brook; Center Pond to its confluence; and ACTION: Publication of draft report for Watson Brook; Center Pond Brook in the Recreational: Lower Middle Branch, public comment. Towns of Becket and Washington; and East Branch, and Main Stem, 3.2 miles the Lower Middle Branch, East Branch in the Town of Huntington and the SUMMARY: The National Park Service is and Main Stem in the Town of Upper East Branch, 5.0 miles from its publishing for public review and Huntington. Under section 2(a)(ii) of the confluence with Sykes Brook to its comment a draft study report on National Wild and Scenic Rivers Act confluence with the West Branch.

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Dated: February 6, 2003. Office of Economics, U.S. International investment, and international Fran P. Mainella, Trade Commission, Washington, DC, competitiveness of steel-consuming Director, National Park Service. 20436. For information on the legal industries of (i) continuation of the [FR Doc. 03–8499 Filed 4–9–03; 8:45 am] aspects of this investigation, contact safeguard measures for the period BILLING CODE 4310–70–P William Gearhart of the Office of the September 2003–March 2005 and (ii) General Counsel (202–205–3091; termination of the safeguard measures [email protected]). Hearing impaired effective September 20, 2003. In addition, as requested, the INTERNATIONAL TRADE individuals are advised that information Commission will provide an analysis of COMMISSION on this matter can be obtained by contacting the TDD terminal on (202) the potential economy-wide effects of [Investigation 332–452] 205–1810. these safeguard measures (e.g., on costs borne by steel consumers, tariff Steel-Consuming Industries: Background revenues entering the U.S. Treasury, Competitive Conditions With Respect As requested by the Committee, the income to steel producers, and the net to Steel Safeguard Measures Commission will investigate the current effect on the U.S. economy) using competitive conditions facing the steel- AGENCY: International Trade appropriate simulation models. consuming industries in the United The Committee asked that the Commission. States, with respect to tariffs and tariff- Commission furnish its report by ACTION: Institution of investigation and rate quotas imposed by the President on September 20, 2003, along with the scheduling of public hearing. March 5, 2002, and with respect to Commission’s section 204 steel foreign competitors not subject to such monitoring report in a single document. EFFECTIVE DATE: April 4, 2003. measures. As requested, the The Committee also requested that the SUMMARY: Following receipt of a request Commission will conduct its analysis Commission make its report available to on March 18, 2003, from the Committee along sectoral lines in order to assess the public, consistent with procedures on Ways and Means (Committee), U.S. the impact on differing segments of the set forth in section 332(g) of the Tariff House of Representatives, the U.S. manufacturing sector; and also Act of 1930 concerning the release of Commission instituted investigation No. examine the data as related to steel confidential business information. 332–452, Steel-Consuming Industries: products on which the President Competitive Conditions with Respect to Public Hearing imposed steel safeguard measures. To Steel Safeguard Measures, under section the extent possible, the investigation A public hearing in connection with 332(g) of the Tariff Act of 1930 (19 will address the effects of the safeguard this investigation is scheduled to begin U.S.C. 1332(g)). measures on steel consuming industries at 9:30 a.m. on June 19, 2003, at the U.S. On March 5, 2003, the Commission and on industries that rely on steel International Trade Commission instituted an investigation under section imports such as the ports, including the Building, 500 E Street SW, Washington, 204(a) of the Trade Act of 1974 (Inv. No. following: DC. All persons have the right to appear TA–204–9) in order to prepare a report (1) Changes in employment, wages, by counsel or in person, to present on the results of its monitoring of profitability, sales, productivity, and information, and to be heard. Persons developments relating to the domestic capital investment of steel-consuming wishing to appear at the public hearing steel industry since the President industries; should file a letter with the Secretary, imposed tariffs and tariff-rate quotas on (2) An examination of the reported United States International Trade imports of certain steel products (68 FR effects of the safeguard remedies on Commission, 500 E St., SW, 12380, March 14, 2003). In its letter, the factors such as steel prices paid by Washington, DC 20436, not later than Committee on Ways and Means requests consuming industries, steel shortages/ the close of business (5:15 p.m.) on June that the Commission provide its report availability, the ability of steel 2, 2003. In addition, persons appearing in this section 332 investigation and its consumers to obtain required products should file prehearing briefs (original monitoring report in the section 204(a) or quality specifications, lead times and and 14 copies) with the Secretary by the investigation in a single document. In a delivery times, contract abrogation, close of business on June 4, 2003. March 27, 2003 letter to the sourcing of finished parts from overseas Posthearing briefs should be filed with Commission, the Office of the United by customers of steel consumers, and the Secretary by the close of business on States Trade Representative (USTR) the relocation or shift of U.S. June 27, 2003. In the event that no referenced the format requested by the downstream production to foreign requests to appear at the hearing are Committee and informed the plants or facilities; received by the close of business on Commission that USTR has no objection (3) The impact of international June 2, 2003, the hearing will be to receiving the section 204(a)(2) report competitive factors, such as relative canceled. Any person interested in and the section 332(g) report in a single differences in steel costs to foreign steel- attending the hearing as an observer or document. Accordingly, the consuming industries, on steel non-participant may call the Secretary Commission will transmit to the consumers’ exports and imports of steel- to the Commission (202–205–1816) after President and the Congress these two containing products; June 4, 2003 to determine whether the separate reports in the requested format. (4) An examination of any shifts in hearing will be held. FOR FURTHER INFORMATION CONTACT: steel-consuming patterns in the United Information specific to this investigation States, i.e., how much steel was Written Submissions may be obtained from James Fetzer, purchased from domestic steel In lieu of or in addition to appearing Project Leader (202–708–5403; producers by U.S. steel-consuming at the public hearing, interested persons [email protected]), Office of Economics; industries before the safeguard action, are invited to submit written statements Karl Tsuji, Deputy Project Leader (202– and how has this sourcing changed concerning the investigation. Written 205–3434; [email protected]), Office of following the implementation of the statements should be received by the Industries; or Catherine DeFilippo, safeguard measures; and close of business on June 27, 2003. Chief, Applied Economics Division (5) A discussion of the likely impact Commercial or financial information (202–205–3253; [email protected]), on employment, profitability, capital which a submitter desires the

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Commission to treat as confidential public and affected agencies. This If additional information is required must be submitted on separate sheets of proposed information collection was contact: Mrs. Brenda E. Dyer, Deputy paper, each clearly marked previously published in the Federal Clearance Officer, United States ‘‘Confidential Business Information’’ at Register Volume 68, Number 20, page Department of Justice, Information the top. All submissions requesting 4797 on January 30, 2003, allowing for Management and Security Staff, Justice confidential treatment must conform a 60 day comment period. Management Division, Suite 1600, with the requirements of section 201.6 The purpose of this notice is to allow Patrick Henry Building, 601 D Street of the Commission’s Rules of Practice for an additional 30 days for public NW., Washington, DC 20530. and Procedure (19 CFR 201.6). All comment until May 12, 2003. This Dated: April 4, 2003. written submissions, except for process is conducted in accordance with Brenda E. Dyer, confidential business information, will 5 CFR 1320.10. be made available for inspection by Written comments and/or suggestions Deputy Clearance Officer, Department of Justice. interested persons. The Commission regarding the items contained in this intends to publish only a public report notice, especially the estimated public [FR Doc. 03–8687 Filed 4–9–03; 8:45 am] in this investigation. Accordingly, any burden and associated response time, BILLING CODE 4410–18–M confidential business information should be directed to The Office of received by the Commission in this Management and Budget, Office of investigation and used in preparing the Information and Regulatory Affairs, DEPARTMENT OF LABOR report will not be published in a manner Attention Department of Justice Desk that would reveal the operations of the Officer, Washington, DC 20503. Employment and Training firm supplying the information. All Additionally, comments may be Administration submissions should be addressed to the submitted to OMB via facsimile to (202) Secretary at the Commission’s office in 395–7285. [TA–W–40,947] Washington, DC. The Commission’s Request written comments and rules do not authorize filing of suggestions from the public and affected BASF Corporation, Vitamin Division, a submissions with the Secretary by agencies concerning the proposed Subsidiary of BASFIN Corporation, facsimile or electronic means, except to collection of information are Including Leased Workers of Adecco, the extent permitted by section 201.8 of encouraged. Your comments should Wyandotte, MI; Amended Certification the Commission’s Rules, as amended, 67 address one or more of the following Regarding Eligibility To Apply for FR 68036 (Nov. 8, 2002). The public four points: Worker Adjustment Assistance record for this investigation may be Overview of this information In accordance with Section 223 of the viewed on the Commission’s electronic collection: Trade Act of 1974 (19 U.S.C. 2273) the docket (EDIS) at http://edis.usitc.gov. (1) Type of information collection: U.S. Department Labor issued a Hearing-impaired individuals are Extension of a currently approved Certification of Eligibility to Apply for advised that information on this matter collection. Worker Adjustment Assistance on May can be obtained by contacting our TDD (2) The title of the form/collection: terminal on (202) 205–1810. Certification of Compliance with 9, 2002, applicable to workers of BASF Corporation, Vitamin Division, a By order of the Commission. Eligibility Requirements of Grants to Reduce Crimes against Women. subsidiary of BASFIN Corporation, Issued: April 4, 2003. (3) The agency form number, if any, Wyandotte, Michigan. The notice was Marilyn R. Abbott, and the applicable component of the published in the Federal Register on Secretary to the Commission. department sponsoring the collection: May 17, 2002 (67 FR 35141). [FR Doc. 03–8727 Filed 4–9–03; 8:45 am] Form Number: none. Office on Violence At the request of the State agency, the BILLING CODE 7020–02–P Against Women, Office of Justice Department reviewed the certification Programs, Department of Justice. for workers of the subject firm. (4) Affected public who will be asked Information provided by the State DEPARTMENT OF JUSTICE or required to respond, as well as a brief shows that leased workers of Adecco abstract: Primary: Institutions of Higher were employed at BASF Corporation, Office of Justice Programs Education. Other: None. The grants to Vitamin Division, a subsidiary of Reduce Violent Crimes Against Women BASFIN Corporation to produce vitamin Agency Information Collection on Campus Program was authorized E, vitamin A and food blends/mixes at Activities: Proposed Collection; through section 826 of the Higher the Wyandotte, Michigan location of the Comments Requested Education Amendments of 1998 to make subject firm. Based on these findings, the ACTION: 30-Day Notice of Information funds available to institutions of higher Department is amending the Collection Under Review: Extension of education to combat domestic violence, certification to include leased workers a currently approved collection; dating violence, sexual assault and Certification of compliance with stalking crimes. of Adecco who were working at BASF eligibility requirements of grants to (5) An estimate of the total number of Corporation, Vitamin Division, a reduce crimes against women. respondents and the amount of time subsidiary of BASFIN Corporation, estimated for an average respondent to Wyandotte, Michigan. The Department of Justice (DOJ), respond/reply: It is estimated that 125 The intent of the Department’s Office of Justice Programs (OJP) has respondents will complete the certification is to include all workers of submitted the following information application in approximately 30 BASF Corporation, Vitamin Division, a collection request to the Office of minutes. subsidiary of BASFIN Corporation who Management and Budget (OMB) for (6) An estimate of the total public were adversely affected by increased review and approval in accordance with burden (in hours) associated with the imports. the Paperwork Reduction Act of 1995. collection: The estimated total public The amended notice applicable to The proposed information collection is burden associated with this application TA–W–40,947 is hereby issued as published to obtain comments from the is 62 hours. follows:

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All workers of BASF Corporation, Vitamin Signed in Washington, DC, this 14th day of became totally or partially separated from Division, a subsidiary of BASFIN March 2003. employment on or after November 14, 2001 Corporation, Wyandotte, Michigan, and Richard Church, through two years from date of certification leased workers of Adecco producing of Certifying Officer, Division of Trade are eligible to apply for adjustment assistance vitamin E, vitamin A and food blends/mixes Adjustment Assistance. under Section 223 of the Trade Act of 1974. at BASF Corporation, Vitamin Division, a [FR Doc. 03–8848 Filed 4–9–03; 8:45 am] Signed in Washington, DC this 26th day of subsidiary of BASFIN Corporation, BILLING CODE 4510–30–P March 2003. Wyandotte, Michigan, who became totally or Edward A. Tomchick, partially separated from employment on or Director, Division of Trade Adjustment after January 14, 2001, through May 9, 2004, DEPARTMENT OF LABOR Assistance. are eligible to apply for adjustment assistance [FR Doc. 03–8852 Filed 4–9–03; 8:45 am] under Section 223 of the Trade Act of 1974. Employment and Training BILLING CODE 4510–30–P Administration Signed at Washington, DC this 27th day of March 2003. [TA–W–50,122] DEPARTMENT OF LABOR Linda G. Poole, FCI USA, Inc., Communications, Data, Certifying Officer, Division of Trade and Consumer Division (CDC), Fiber Employment and Training Adjustment Assistance. Optics Group, a Member of the Areva Administration [FR Doc. 03–8846 Filed 4–9–03; 8:45 am] Group, Etters, PA; Notice of Revised [TA–W–42,310] BILLING CODE 4510–30–P Determination on Reconsideration Inteplast Group Ltd., Integrated On February 19, 2003, the Department Bagging Systems, Lolita, TX; Notice of DEPARTMENT OF LABOR issued an Affirmative Determination Revised Determination on Regarding Application on Reconsideration Employment and Training Reconsideration applicable to workers Administration and former workers of the subject firm. By application of February 21, 2003, The notice will soon be published in the petitioners requested administrative [TA–W–41,916] Federal Register. reconsideration regarding the The Department initially terminated Department’s Negative Determination Emess Design Group, LLC, Ellwood the investigation on behalf of workers of Regarding Eligibility to Apply for City, PA; Amended Certification FCI USA, Inc., Communications, Data, Worker Adjustment Assistance, Regarding Eligibility To Apply for and Consumer Division (CDC), Fiber applicable to the workers of the subject Worker Adjustment Assistance Optics Group, a member of the Areva firm. Group, Etters, Pennsylvania because the The initial investigation resulted in a In accordance with section 223 of the Department had recently issued negative determination issued on Trade Act of 1974 (19 U.S.C. 2273) the negative determinations applicable to February 13, 2003, based on the finding Department of Labor issued a the petitioning group of workers on that imports of plastic bags did not Certification of Eligibility to Apply for September 20, 2002 (TA–W–41,571). contribute importantly to worker Worker Adjustment Assistance on On reconsideration, the Department separations at the Lolita plant. The December 2, 2002, applicable to workers conducted a survey of the major denial notice was published in the Federal Register on March 10, 2003 (68 of Emess Design Group, LLC, located in customers of the subject firm regarding FR 11409). Ellwood City, Pennsylvania. The notice their purchases of electrical and fiber optic connectors during the relevant To support the request for was published in the Federal Register reconsideration, the petitioner supplied on December 23, 2002 (67 FR 78256). period. The survey revealed that a major customer increased their imports, while additional information to supplement At the request of the company, the decreasing their purchases from the that which was gathered during the Department reviewed the certification subject firm during the relevant period. initial investigation. Upon further for workers of the subject firm. The review and contact with the company, workers produce lamps and lamp Conclusion it was revealed that sales and products. Information provided by After careful review of the additional production did decline in the relevant company shows that on April 12, 2002, facts obtained on reconsideration, I period. As a result of this finding, a Emess Design Group, LLC, purchased conclude that increased imports of customer survey which was conducted the assets of another company. articles like or directly competitive with in the original investigation became relevant to establishing import impact. Since the Emess Design Group, LLC electrical and fiber optic connectors, contributed importantly to the declines Results from this survey revealed that a did not exist prior to April 12, 2002, the in sales or production and to the total major declining customer increased Department is changing the impact date or partial separation of workers of FCI their imports of plastic bags while from July 15, 2001 to April 12, 2002. USA, Inc., Communications, Data, and decreasing their purchases from the The amended notice applicable to Consumer Division (CDC), Fiber Optics subject firm in the relevant period. TA–W–41,916 is hereby issued as Group, a member of the Areva Group, Conclusion follows: Etters, Pennsylvania. In accordance with After careful review of the additional All workers of Emess Design Group, LLC, the provisions of the Act, I make the following certification: facts obtained on reconsideration, I Ellwood City, Pennsylvania, who became conclude that increased imports of totally or partially separated from All workers of FCI USA, Inc., articles like or directly competitive with Communications, Data, and Consumer employment on or after April 12, 2002 those produced at Inteplast Group, through December 2, 2004, are eligible to Division (CDC), Fiber Optics Group, a LTD., Integrated Bagging Systems, apply for adjustment assistance under member of the Areva Group, Etters, Lolita, Texas, contributed importantly to Section 223 of the Trade Act of 1974. Pennsylvania, engaged in the production of electrical and fiber optic connectors, who the declines in sales or production and

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to the total or partial separation of All workers of Motorola, Inc., Personnel All workers of Nortel Networks, workers at the subject firm. In Communications Sector, Harvard, Illinois Department #2446, Research Triangle Park, accordance with the provisions of the who became totally or partially separated North Carolina (TA–W–50,036), including an from employment on or after February 14, employee of Nortel Networks, Department Act, I make the following certification: 2000, through August 15, 2003, are eligible #2446, Research Triangle Park, North All workers of Inteplast Group, LTD., to apply for adjustment assistance under Carolina, located in New York (TA–W– Integrated Bagging Systems, Lolita, Texas, Section 223 of the Trade Act of 1974. 50,036A), who became totally or partially who became totally or partially separated Signed at Washington, DC this 17th day of separated from employment on or after from employment on or after October 7, 2001 March 2003. November 5, 2001, through January 17, 2005, through two years from the date of this are eligible to apply for adjustment assistance certification, are eligible to apply for Linda G. Poole, under Section 223 of the Trade Act of 1974. Certifying Officer, Division of Trade adjustment assistance under Section 223 of Signed at Washington, DC this 21st day of Adjustment Assistance. the Trade Act of 1974. March 2003. [FR Doc. 03–8844 Filed 4–9–03; 8:45 am] Signed in Washington, DC, this 26th day of Linda G. Poole, BILLING CODE 4510–30–P March 2003. Certifying Officer, Division of Trade Edward A. Tomchick, Adjustment Assistance. Director, Division of Trade Adjustment DEPARTMENT OF LABOR [FR Doc. 03–8851 Filed 4–9–03; 8:45 am] Assistance. BILLING CODE 4510–30–P [FR Doc. 03–8850 Filed 4–9–03; 8:45 am] Employment and Training BILLING CODE 4510–30–P Administration DEPARTMENT OF LABOR [TA–W–50,036 and TA–W–50,036A] DEPARTMENT OF LABOR Employment and Training Nortel Networks, Department #2446, Administration Research Triangle Park, NC and Employment and Training [TA–W–39,380] Administration Including an Employee of Nortel Networks, Department #2446, Located [TA–W–38,928] in New York; Amended Certification Spinnaker Coating Maine Incorporated, Regarding Eligibility To Apply for Westbrook, ME; Notice of Revised Motorola, Inc. Personal Worker Adjustment Assistance Determination on Remand Communications Sector, Harvard, IL; The United States Court of Amended Certification Regarding In accordance with Section 223 of the International Trade (USCIT) remanded Eligibility To Apply for Worker Trade Act of 1974 (19 U.S.C. 2273) the to the Labor Department for further Adjustment Assistance Department of Labor issued a Certification of Eligibility to Apply for investigation of the negative In accordance with section 223 of the Worker Adjustment Assistance on determination in Former Employees of Trade Act of 1974 (19 U.S.C. 2273) the January 17, 2003, applicable to workers Spinnaker Coating, Maine Inc. v. U.S. Department of Labor issued a Notice of of Nortel Networks, Department #2446, Secretary of Labor (Court No. 02– Certification Regarding Eligibility to Research Triangle Park, North Carolina. 00203). Apply for Worker Adjustment The notice was published in the Federal The Department’s initial denial of the Assistance on April 13, 2001, applicable Register on February 6, 2003 (68 FR petition for employees of Spinnaker to workers of Motorola, Inc., Personal 6212). Coating Maine, Inc., Incorporated, Communications Sector, Harvard, At the request of the petitioner, the Westbrook, Maine was issued on August Illinois. The notice was published in the Department reviewed the certification 23, 2001 and published in the Federal Federal Register on May 2, 2001 (66 FR for workers of the subject firm. New Register on September 11, 2001 (66 FR 22006). information shows that worker 47242). The denial was based on the fact At the request of the company, the separations occurred involving an that criterion (3) of the Group Eligibility Department reviewed the certification employee of Department #2446, Requirements of Section 222 of the for workers of the subject firm. The Research Triangle Park, North Carolina Trade Act of 1974, as amended, was not workers are engaged in the production facility of Nortel Networks located in met. Imports did not contribute of cellular phones. New York. This employee provided importantly to worker separations at the New company information shows that verification testing and turnup for the subject firm. worker separations will continue to production of fiber optic backbone On administrative reconsideration, occur at the Harvard, Illinois location of telecommunications network at the Department issued a ‘‘Notice of the subject firm after the current Department #2446, Research Triangle Negative Determination Regarding certification expires April 13, 2003. The Park, North Carolina location of the Application for Reconsideration,’’ on workers will remain at the Harvard, subject firm. December 26, 2001 for the employees of Illinois location until August 15, 2003 to Based on these findings, the Spinnaker Coating Maine, Inc., decommission equipment and to Department is amending this Incorporated, Westbrook, Maine. The physically close the property. certification to include an employee of notice was published in the Federal Accordingly, the Department is the Research Triangle Park, North Register on January 31, 2002 (66 FR amending the certification to extent the Carolina facility of Nortel Networks, 4756 and 4757). The Department further expiration date to August 15, 2003. Department #2446 located in New York. concluded that imports did not The intent of the Department’s The intent of the Department’s contribute importantly to worker certification is to include all workers of certification is to include all workers of separations at the subject firm. Motorola, Inc., Personal Communication Nortel Networks, Department #2446 On remand, the Department examined Sector, Harvard, Illinois who were who were adversely affected by the results of a survey response adversely affected by increased imports. increased imports. conducted during the initial The amended notice applicable to The amended notice applicable to investigation, with additional TA–W–38,928 is hereby issued as TA–W–50,036 is hereby issued as clarification from the customer during follows: follows: reconsideration. The survey showed

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that the customer stopped buying DEPARTMENT OF LABOR DEPARTMENT OF LABOR thermal transfer paper from the subject firm prior to the relevant period. During Employment and Training Employment and Training the same time period, the customer Administration Administration increased their imports purchases of thermal transfer paper from another [TA–W–41,967] [TA–W–50,225] domestic source, while decreasing their purchases of Electronic Data Processing Trego Industries, Inc., Red Oak, TX; Unitek Electronics, Inc., Portland, OR; (EDP) paper from the subject firm. Notice of Revised Determination on Notice of Revised Determination on Reconsideration Reopening Since the two products EDP and thermal transfer paper appeared to be By letter postmarked November 13, On March 24, 2003, the Department two different types of paper, the 2002, a petitioner requested on its own motion reviewed the initial Department did not consider the administrative reconsideration determination for workers and former increased imports as impacting the regarding the Department’s Negative workers of the subject firm engaged in subject plant. On remand, the Determination Regarding Eligibility to the production of solid-state motor Department contacted a company Apply for Worker Adjustment speed controls. official and followed up with an Assistance, applicable to the workers of industry expert at the United States the subject firm. The initial investigation resulted in a negative determination issued on International Trade Commission. Both The initial investigation resulted in a indicated that the two products were January 29, 2003 because imports did negative determination issued on not contribute importantly to the worker directly competitive with each other. October 11, 2002, based on the finding Therefore on further review of that separations. The notice was published that imports of commercial door in the Federal Register on February 24, survey response, the customer increased products did not contribute importantly 2003 (68 FR 8619). their purchases of imported thermal to worker separations at the Red Oak transfer paper, a product ‘‘like or plant. The denial notice was published New information submitted to the directly competitive’’ with EDP during in the Federal Register on November 5, Department by the company and the relevant period. The customer 2002 (67 FR 67421). additional information supplied by a simultaneously reduced their purchases To support the request for primary customer of the subject firm of EDP, while increasing their imports reconsideration, the petitioner supplied revealed that the customer has increased of thermal transfer paper during the additional information to supplement purchases of imported solid-state motor relevant period. that which was gathered during the speed controls while reducing purchases from the subject firm. Conclusion initial investigation. Upon further review and contact with the major Conclusion After careful review of the additional declining customer, it was revealed that facts obtained on remand, I conclude this customer increased its imports of After careful consideration of the new that there were increased imports of like or directly competitive products in facts obtained on reopening, it is articles like or directly competitive with the relevant period. concluded that increased imports of those produced by the subject firm that Conclusion articles like or directly competitive with contributed importantly to the worker solid-state motor speed controls separations and sales or production After careful review of the additional produced by the subject firm declines at the subject facility. In facts obtained on reconsideration, I contributed importantly to the decline accordance with the provisions of the conclude that increased imports of in sales and to the total or partial Trade Act, I make the following articles like or directly competitive with separation of workers of the subject certification: those produced at Trego Industries, Inc., firm. In accordance with the provisions Red Oak, Texas, contributed All workers of Spinnaker Coating Maine of the Trade Act of 1974, I make the importantly to the declines in sales or Incorporated, Westbrook, Maine who became following revised determination: production and to the total or partial totally or partially separated from separation of workers at the subject All workers of Unitek Electronics, Inc., employment on or after June 4, 2000, through firm. In accordance with the provisions Portland, Oregon, who became totally or two years from the issuance of this revised of the Act, I make the following partially separated from employment on or determination, are eligible to apply for after November 29, 2001 through two years certification: adjustment assistance under Section 223 of from the date of this certification are eligible the Trade Act of 1974. All workers of Trego Industries, Inc., Red to apply for adjustment assistance under Signed at Washington, DC this 10th day of Oak, Texas, who became totally or partially Section 223 of the Trade Act of 1974. separated from employment on or after March 2003. Signed at Washington, DC this 27th day of August 2, 2001 through two years from the March, 2003. Edward A. Tomchick, date of this certification, are eligible to apply Director, Division of Trade Adjustment for adjustment assistance under Section 223 Edward A. Tomchick, Assistance. of the Trade Act of 1974. Director, Division of Trade Adjustment [FR Doc. 03–8845 Filed 4–9–03; 8:45 am] Assistance. Signed in Washington, DC, this 18th day of [FR Doc. 03–8853 Filed 4–9–03; 8:45 am] BILLING CODE 4510–30–P March 2003. Edward A. Tomchick, BILLING CODE 4510–30–P Director, Division of Trade Adjustment Assistance. [FR Doc. 03–8849 Filed 4–9–03; 8:45 am] BILLING CODE 4510–30–P

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DEPARTMENT OF LABOR provisions of the Act, I make the for both the TAA and NAFTA–TAA following certification: programs. Employment and Training All workers of Wellman Thermal Systems, A copy of the proposed information Administration Inc., Shelbyville, Indiana, engaged in the collection request (ICR) can be obtained production of electrical process heaters and by contacting the office listed below in [TA–W–41,195] controls, who became totally or partially the addressee section of this notice. separated from employment on or after DATES: Written comments must be Wellman Thermal Systems, Inc., March 13, 2001 through two years from the submitted to the office listed in the date of this certification, are eligible to apply Shelbyville, IN; Notice of Revised addressee section below on or before Determination on Reconsideration for adjustment assistance under Section 223 of the Trade Act of 1974. June 9, 2003. By letter of August 14, 2002, the Signed in Washington, DC, this 18th day of ADDRESSEE: Edward A. Tomchick, company requested administrative March 2003. Director, Division of Trade Adjustment reconsideration regarding the Edward A. Tomchick, Assistance, Room C–5311, 200 Department’s Negative Determination Director, Division of Trade Adjustment Constitution Ave., NW., Washington, Regarding Eligibility to Apply for Assistance. DC 20210. Phone (202) 693–3577 (this is Worker Adjustment Assistance, [FR Doc. 03–8847 Filed 4–9–03; 8:45 am] not a toll-free number), fax (202) 693– 3584, e-mail [email protected]. applicable to the workers of the subject BILLING CODE 4510–30–P firm. SUPPLEMENTARY INFORMATION: The initial investigation resulted in a I. Background negative determination issued on July DEPARTMENT OF LABOR 11, 2002, based on the finding that The Trade Adjustment Assistance imports of electrical process heaters and Employment and Training Reform Act of 2002 consolidated the controls did not contribute importantly Administration Trade Adjustment Assistance (TAA) and to worker separations at the Shelbyville, North American Free Trade Indiana plant. The denial notice was Proposed Collection; Comment Agreement—Transitional Adjustment published in the Federal Register on Request Assistance (NAFTA–TAA) programs July 29, 2002 (67 FR 49038). AGENCY: Employment and Training into one program for trade affected To support the request for Administration, Labor. workers. However; earlier amendments to the Trade Act of 1974, contained in reconsideration, the company attempted ACTION: Notice. to provide information to illustrate that the Omnibus Trade and foreign competition impacted the SUMMARY: The Department of Labor, as Competitiveness Act (OTCA) of 1988 subject workers. On further clarification part of its continuing effort to reduce (Pub. L. 100–418) and Title 5 of the from the company it was discovered paperwork and respondent burden North American Free Trade Agreement that a competitor purchased certain conducts a preclearance consultation Implementation Act (Pub. L. 103–182) assets of Wellman’s industrial grade program to provide the general public of 1993 made some significant changes electrical process business and and Federal agencies with an and additions to the way worker inventory. The company indicated that opportunity to comment on proposed adjustment assistance programs for the foreign company was attempting to and/or continuing collections of trade-affected workers are funded and penetrate the U.S. marketplace. As a information in accordance with the administered. These changes made result of the asset sale, workers engaged Paperwork Reduction Act of 1995 enrollment in training an entitlement for in the production of electrical process (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This workers adversely affected by imports heaters and controls at the subject firm program helps to ensure that requested (TAA program) or by imports from were impacted. data can be provided in the desired Canada or Mexico (NAFTA–TAA The Department contacted the foreign format, reporting burden (time and program). The TAA and NAFTA–TAA company for further clarification. The financial resources) is minimized, trade programs provide monies for trade company indicated that they did collection instruments are clearly readjustment allowances, job search purchase the assets from Wellman and understood, and the impact of collection allowances, job relocation allowances inventory from the subject firm. The requirements on respondents can be and training. In order for workers to foreign company indicated that shortly properly assessed. Currently, the receive trade readjustment allowances after the asset purchase they increased Employment and Training for the maximum amount of time their U.S. imports of products ‘‘like and Administration (ETA) is soliciting permitted, they must be enrolled in a directly’’ competitive with what the comments concerning the proposed training program approved by the subject plant produced during the extension of data collection using the Secretary of Labor (section 423 of relevant period. The products were also ETA Form 9023, Trade Adjustment OTCA) for the TAA program and simultaneously imported to some of the Assistance (TAA)/North American Free (section 250 of the NAFTA subject firm’s domestic customers. Trade Agreement Transitional Implementation Act) for the NAFTA– Adjustment Assistance (NAFTA–TAA) TAA program. Although training Conclusion Program Financial Status Report/ becomes an entitlement under both After careful review of the additional Request for Funds (1205–0275, expires programs if certain regulatory criteria facts obtained on reconsideration, I 4/31/2003). Efforts are currently are met, the OTCA imposed a training conclude that increased imports of underway to transition financial cap in section 236 of the TAA program articles like or directly competitive with reporting on the TAA and NAFTA–TAA and under subchapter D for the those produced at Wellman Thermal programs to the Standard Form 269. NAFTA–TAA program. Under the Trade Systems, Inc., Shelbyville, Indiana This transition will make financial Adjustment Assistance Reform Act of contributed importantly to the declines reporting uniform across all ETA 2002, the statutory cap for training in sales or production and to the total programs. It should be noted that the dollars is $220 million. The purpose of or partial separation of workers at the ETA–9023 will continue to be used by the collection of this information on the subject firm. In accordance with the States to request supplemental funding form ETA–9023 is to be able to monitor

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expenditures for training and related whether the information will have the NAFTA–TAA program—the latter activities for both programs to ensure practical utility; only until monies for it expire. Overall, that the statutory ceiling is not * Evaluate the accuracy of the States have done a commendable job in exceeded. Tracking of expenditures for agency’s estimate of the burden of the completing the form with relatively the NAFTA–TAA program will occur proposed collection of information, minor problems or questions raised by until all funds have been expended or including the validity of the the States on the form. The ETA–9023 the State submits a final report—at methodology and assumptions used; has been extremely important to the which time the NAFTA–TAA program * Enhance the quality, utility, and ETA over the last several years because will be phased out in accordance with clarity of the information to be the entire funding available, under the the Trade Adjustment Assistance collected; and statutory cap for the Trade program for Reform Act of 2002. Additionally, the * Minimize the burden of the training was allocated to the States. The Secretary of Labor is responsible for collection of information on those who ETA–9023 report was critical in ensuring that resources are equitably are to respond, including through the allowing ETA to be able to distribute distributed to the States. This form use of appropriate automated, resources equitably among States so the enables the ETA to evaluate a State’s electronic, mechanical, or other maximum number of eligible need for resources and to distribute technological collection techniques or participants seeking training could resources among States as necessary. other forms of information technology, obtain it. e.g., permitting electronic submissions Type of Review: Extension. II. Review Focus of responses. Agency: Employment and Training Administration. The Department of Labor is III. Current Actions Title: Trade Adjustment Assistance/ particularly interested in comments The ETA–9023 has been successfully NAFTA Financial Status Report/Request which: utilized by the ETA and the States with for Funds. * Evaluate whether the proposed only minor modifications since Fiscal OMB Number: 1205–0275. collection of information is necessary Year 1989. The Federal Register Notice Agency Number: ETA–9023. for the proper performance of the requests an extension of the ETA–9023 Affected Public: State Governments, functions of the agency, including for both the reformed TAA program and State Workforce Agencies.

Average Total re- Total time per Total re- Cite/Reference spondents/ Frequency responses response quested responses (hours) burden

TAA Reporting ...... 50 5 250 2 500 NAFTA Reporting ...... 50 5 250 2 500

Totals ...... 500 ...... 1,000

The total costs is $26.00 x 100 hours Law 92–463, as amended, the National —In-Depth Description of Computing, = $26,000. Comments submitted in Aeronautics and Space Administration Information, and Communications response to this comment request will announces a forthcoming meeting of the Technology be summarized and/or included in the NASA Advisory Council, Aerospace —In-Depth Description of Engineering request for Office of Management and Technology Advisory Committee for Complex Systems Budget approval of the information (ATAC), Pioneer Revolutionary —General Description of Enabling collection request; they will also Technology Subcommittee (PRTS). Concepts and Technology become a matter of public record. DATES: Tuesday, May 20, 2003, 8 a.m. to Attendees will be requested to sign a Dated: April 4, 2003. 5 p.m.; and Wednesday, May 21, 2003, register and to comply with NASA Shirley Smith, 8 a.m. to 5 p.m. security requirements, including the Administrator, Employment and Training ADDRESSES: National Aeronautics and presentation of a valid picture ID, before Administration. Space Administration, Ames Research receiving an access badge. Foreign [FR Doc. 03–8842 Filed 4–9–03; 8:45 am] Center, Building 258, Conference Room Nationals attending this meeting will be BILLING CODE 4510–30–P 221, Moffett Field, California 94035– required to provide the following 1000. information: full name; gender; date/ place of birth; citizenship; visa/green FOR FURTHER INFORMATION CONTACT: Ms. card information (number, type, NATIONAL AERONAUTICS AND Mary-Ellen McGrath, Office of SPACE ADMINISTRATION expiration date); passport information Aerospace Technology, National (number, country, expiration date); [Notice 03–039] Aeronautics and Space Administration, employer/affiliation information (name Washington, DC 20546–0001, 202/358– of institution, address, country, phone); NASA Advisory Council, Pioneer 4729. title/position of attendee. To expedite Revolutionary Technology SUPPLEMENTARY INFORMATION: The admittance, attendees can provide Subcommittee; Meeting meeting will be open to the public up identifying information in advance by to the seating capacity of the room. The AGENCY: National Aeronautics and contacting Ms. Pat A. Elson via e-mail Space Administration (NASA). agenda for the meeting is as follows: at [email protected] or by ACTION: Notice of meeting. —Quality Review Process telephone at (650) 604–4498. Attendees —General Description of Program will be escorted at all times. SUMMARY: In accordance with the —Actions from ATAC and NASA’s It is imperative that the meeting be Federal Advisory Committee Act, Public Response held on these dates to accommodate the

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scheduling priorities of the key the requirements of Title VI to publish, discrimination on the basis of race, participants. after review and approval by the color, or national origin under any Department of Justice, guidance for its program or activity that receives federal June W. Edwards, recipients clarifying that obligation. The financial assistance. Language for LEP Advisory Committee Management Officer, Executive Order also directs that all individuals can be a barrier to accessing National Aeronautics and Space such guidance be consistent with the important benefits or services, Administration. compliance standards and framework understanding and exercising important [FR Doc. 03–8819 Filed 4–9–03; 8:45 am] detailed in DOJ Policy Guidance rights, complying with applicable BILLING CODE 7510–01–P entitled ‘‘Enforcement of Title VI of the responsibilities, or understanding other Civil Rights Act of 1964—National information provided by federally Origin Discrimination Against Persons funded programs and activities. NATIONAL FOUNDATION ON THE with Limited English Proficiency.’’ See In certain circumstances, failure to ARTS AND THE HUMANITIES 65 FR 50123 (August 16, 2000). ensure that LEP persons can effectively On March 14, 2002, the Office of participate in or benefit from federally Institute of Museum and Library Management and Budget (OMB) issued assisted programs and activities may Services; Guidance to Federal a Report To Congress titled ‘‘Assessment violate the prohibition under Title VI of Financial Assistance Recipients of the Total Benefits and Costs of the Civil Rights Act of 1964, 42 U.S.C. Regarding Title VI Prohibition Against Implementing Executive Order No. 2000d and Title VI regulations against National Origin Discrimination 13166: Improving Access to Services for national origin discrimination. Affecting Limited English Proficient Persons with Limited English The purpose of this policy guidance is Persons Proficiency.’’ Among other things, the to clarify the responsibilities of AGENCY: Institute of Museum and Report recommended the adoption of recipients of federal financial assistance Library Services; National Foundation uniform guidance across all federal from the Institute of Museum and on the Arts and the Humanities. agencies, with flexibility to permit Library Services (IMLS), and assist them tailoring to each agency’s specific in fulfilling their responsibilities to ACTION: Notice of proposed guidance. recipients. Consistent with this OMB limited English proficient (LEP) persons SUMMARY: The Institute of Museum and recommendation, the Department of pursuant to Title VI of the Civil Rights Library Services (IMLS) publishes for Justice (DOJ) published LEP Guidance Act of 1964 and the IMLS implementing public comment proposed policy for DOJ recipients which was drafted regulations. The policy guidance guidance on Title VI’s prohibition and organized to also function as a reiterates IMLS’s longstanding position against national origin discrimination as model for similar guidance by other that, in order to avoid discrimination it affects limited English proficient Federal grant agencies. See 67 FR 41455 against LEP persons on the grounds of persons. (June 18, 2002). The proposed guidance national origin, recipients must take is based upon and incorporates the legal reasonable steps to ensure that such DATES: Comments must be submitted on analysis and compliance standards of persons have meaningful access to the or before May 12, 2003. IMLS will the model June 18, 2002, DOJ LEP programs, services, and information review all comments and will determine Guidance for Recipients. those recipients provide. what modifications, if any, to this policy It has been determined that the This policy guidance is modeled on guidance are necessary. guidance does not constitute a and incorporates the legal analysis and ADDRESSES: Interested persons should regulation subject to the rulemaking compliance standards and framework submit written comments to Office of requirements of the Administrative set out in Section I through Section VIII the General Counsel, Institute of Procedure Act, 5 U.S.C. 553. It has also of Department of Justice (DOJ) Policy Museum and Library Services, 1100 been determined that this guidance is Guidance titled ‘‘Guidance to Federal Pennsylvania Avenue, NW., Suite 802, not subject to the requirements of Financial Assistance Recipients Washington, DC 20506. Comments may Executive Order 12866. Regarding Title VI Prohibition Against also be submitted to facsimile at 202– The text of the complete proposed National Origin Discrimination 606–1077 or by e-mail at guidance document appears below. Affecting Limited English Proficient [email protected]. Nancy E. Weiss, General Counsel, Persons,’’ published at 67 FR 41455, 41457–41465 (June 18, 2002) (DOJ FOR FURTHER INFORMATION CONTACT: Institute of Museum and Library Recipient LEP Guidance). To the extent Nancy Weiss at the above address or by Services. additional clarification is desired on the telephone at 202–606–5414; TDD: 202– I. Introduction obligation under Title VI to ensure 606–8636. Arrangements to receive the Most individuals living in the United meaningful access by LEP persons and policy in an alternative format may be States read, write, speak and understand how recipients can satisfy that made by contacting the named English. There are many individuals, obligation, a recipient should consult individual. however, for whom English is not their the more detailed discussion of the SUPPLEMENTARY INFORMATION: Under primary language. For instance, based applicable compliance standards and IMLS regulations implementing Title VI on the 2000 census, over 26 million relevant factors set out in DOJ Recipient of the Civil Rights Act of 1964, 42 U.S.C. individuals speak Spanish and almost 7 LEP Guidance. The DOJ Guidance may 2000d, et seq. (Title VI), recipients of million individuals speak an Asian or be viewed and downloaded at http:// federal financial assistance from the Pacific Island language at home. If these www.usdoj.gov/crt/cor/lep/ IMLS (‘‘recipients’’) have a individuals have a limited ability to DOJFinLEPFRJun182002.htm or at http:/ responsibility to ensure meaningful read, write, speak, or understand /www.lep.gov. In addition, IMLS access by persons with limited English English, they are limited English recipients also receiving federal proficiency (LEP) to their programs and proficient, or ‘‘LEP.’’ financial assistance from other federal activities. See 45 CFR 1170. Executive Title VI of the Civil Rights Act of agencies, such as the National Order 13166, reprinted at 65 FR 50121 1964, 42 U.S.C. 2000d, et seq. and its Endowment for the Humanities, should (August 16, 2000), directs each Federal implementing regulations provide that review those agencies’ guidance agency that extends assistance subject to no person shall be subjected to documents at http://www.lep.gov for a

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more focused explanation of how they arrangement or other contract that has extent a recipient provides services can comply with their Title VI and as one of its purposes the provision of beyond access to books, art, or cultural regulatory obligations in the context of assistance. collections to include the generation of similar federally assisted programs or Title VI prohibits discrimination in information about those collections, activities. any program or activity that receives research aids, or community Many commentators have noted that Federal financial assistance. In most educational outreach such as reading or some have interpreted the case of cases, when a recipient receives Federal discovery programs, these additional or Alexander v. Sandoval, 532 U.S. 275 financial assistance for a particular enhanced services should be separately (2001), as impliedly striking down the program or activity, all operations of the evaluated under the four-factor analysis. regulations promulgated under Title VI recipient are covered by Title VI, not A similar distinction can be employed that form the basis for the part of just the part of the program that uses the with respect to a museum’s exhibits Executive Order 13166 that applies to Federal assistance. Thus, all parts of the versus a museum’s procedures for federally assisted programs and recipient’s operations would be covered meaningful access to those exhibits. activities. The IMLS and the Department by Title VI, even if the Federal What constitute reasonable steps to of Justice have taken the position that assistance were used only by one part. ensure meaningful access in the context this is not the case, and will continue Finally, some recipients operate in of federally-assisted programs and to do so. Accordingly, we will strive to jurisdictions in which English has been activities in the area of museums and ensure that federally assisted programs declared the official language. library services will be contingent upon and activities work in a way that is Nonetheless, these recipients continue a balancing of four factors: (1) The effective for all eligible beneficiaries, to be subject to federal non- number and proportion of eligible LEP including those with limited English discrimination requirements, including constituents; (2) the frequency of LEP proficiency. those applicable to the provision of individuals’ contact with the program; federally assisted services to persons (3) the nature and importance of the II. Purpose and Application with limited English proficiency. program; and (4) the resources available, This policy guidance provides a legal 2. Basic Requirement: All Recipients including costs. Each of these factors is framework to assist recipients in Must Take Reasonable Steps To Provide summarized below. In addition, developing appropriate and reasonable Meaningful Access to LEP Persons recipients should consult Section V of language assistance measures designed the June 18, 2002 DOJ LEP Guidance for to address the needs of LEP individuals. Title VI and the IMLS implementing Recipients, 67 FR 41459–41460 or http:/ The IMLS Title VI implementing regulations require that recipients take /www.lep.gov, for additional detail on reasonable steps to ensure meaningful regulations prohibit both intentional the nature, scope, and application of access to the information, programs, and discrimination and policies and these factors. services they provide. Recipients of practices that appear neutral but have a federal assistance have considerable (1) Number or Proportion of LEP discriminatory effect. Thus, a recipient flexibility in determining precisely how Individuals entity’s policies or practices regarding to fulfill this obligation. the provision of benefits and services to The appropriateness of any action It is also important to emphasize that will depend on the size and proportion LEP persons need not be intentional to museums and libraries are in the be discriminatory, but may constitute a of the LEP population that the recipient business of maintaining, sharing, and serves and the prevalence of particular violation of Title VI if they have an dissemination vast amounts of adverse effect on the ability of national languages. Programs that serve a few or information and items, most of which even one LEP person are still subject to origin minorities to meaningfully access are created or generated by third parties. programs and services. the Title VI obligation to take reasonable In large measure, the common service steps to provide meaningful Recipient entities have considerable provided by these recipients is access to flexibility in determining how to opportunities for access. The first factor information, whether maintained on-site in determining the reasonableness of a comply with their legal obligation in the or elsewhere, not the generation of the LEP setting and are not required to use recipient’s efforts in the number or sources information itself. This proportion of people who will be the suggested methods and options that distinction is critical in properly follow. However, recipient entities must effectively excluded form meaningful applying Title VI to museums, libraries, access to the benefits or services if establish and implement policies and and similar programs. For example, in procedures for providing language efforts are not made to remove language the context of library services, recipients barriers. The steps that are reasonable assistance sufficient to fulfill their Title initially should focus on their VI responsibilities and provide LEP for a recipient who serves one LEP procedures or services that directly person a year may be different than persons with meaningful access to impact access in three areas. First, services. those expected from a recipient that applications for library or membership serves several LEP persons each day. III. Policy Guidance cards, instructions on card usage, and dissemination of information on where (2) Frequency of Contact With the 1. Who Is Covered and how source material is maintained Program All entities that receive Federal and indexed, should be available in Frequency of contact between the financial assistance from IMLS, either appropriate languages other than program or activity and LEP individuals directly or indirectly, through a grant, English. Second, recipients should, is another factor to be weighed. If LEP cooperative agreement, contract or consistent with the four factor analysis, individuals must access the recipient’s subcontract, are covered by this policy determine what reasonable steps could program or activity on a daily basis, a guidance. Title VI applies to all Federal be taken to enhance the value of their recipient has greater duties than if such financial assistance, which includes but collections or services to LEP persons, contact is unpredictable and infrequent. is not limited to awards and loans of including, for example, accessing Recipients should take into account Federal funds, awards or donations of language-appropriate books through local or regional conditions when Federal property, details of Federal inter-library loans, direct acquisitions, determining frequency of contact with personnel, or any agreement, and/or on-line materials. Third, to the the program, and should have the

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flexibility to tailor their services to those interpretation costs are appropriately well result in a rich cultural exchange needs. included in award budget requests. that benefits not only the LEP This four-factor analysis necessarily population, but also the library or (3) Nature and Importance of the implicates the ‘‘mix’’of LEP services museum and the community as a whole. Program required. The correct mix should be The importance of the recipient’s based on what is both necessary and Examples program to beneficiaries will affect the reasonable in light of the four-factor • Identification of the languages that determination of what reasonable steps analysis. Even those award recipients are likely to be encountered in, and the are required. More affirmative steps who serve very few LEP persons on an number of LEP persons that are likely to must be taken in programs where the infrequent basis should use a balancing be affected by, the program. This denial or delay of access may have analysis to determine whether the information may be gathered through serious, or even life or death importance of the services(s) provided review of census and constituent data as implications than in programs that are and minimal costs make language well as data from school systems and not crucial to one’s day-to-day assistance measures reasonable even in community agencies and organizations; existence, economic livelihood, safety, the case of limited and infrequent • Posting signs in public areas in or education. For example, the interactions with LEP persons. several language, informing the public obligations, of a federally assisted Recipients have substantial flexibility in of its right to free interpreter services school or hospital differ from those of a determining the appropriate mix. and inviting members of the public to federally assisted museum or library. identify themselves as persons needing IV. Strategies for Ensuring Meaningful This factor implies that the obligation to language assistance; Access provide translation services will be • Use of ‘‘I speak’’ cards for public- highest in programs providing Museums and libraries have a long contact personnel so that the public can education, job training, medical/health history of interacting with people with easily identify staff language abilities; services, social welfare services, and varying language backgrounds and • Employment of staff, bilingual in similar services. As a general matter, it capabilities within the communities appropriate languages, in public contact is less likely that museums and libraries where they are located. The agency’s positions; receiving assistance from the IMLS will goal is to continue to encourage these • Contracts with interpreting services provide services having a similar efforts and share practices so that other that can provide competent interpreters immediate and direct impact on a museums and libraries can benefit from in a wide variety of languages in a person’s life or livelihood. Thus, in other institutions’ experiences. timely manner; large measure, it is the first factor The following are examples of • Formal arrangements with (number or proportion of LEP language assistance strategies that are community groups for competent and individuals) that will have the greatest potentially useful for all recipients. timely interpreter services by impact in determining the initial need These strategies incorporate a variety of community volunteers; for language assistance services. options and methods for providing • An arrangement with a telephone In assessing the effect on individuals meaningful access to LEP beneficiaries language interpreter line for on-demand of failure to provide language services, and provide examples of how recipients service; recipients must consider the importance should take each of the four factors • Translations of application forms, of the benefit to individuals both discussed above into account when instructional, informational and other immediately and in the long-term. developing an LEP strategy. Not every key documents into appropriate non- Another aspect of this factor is the option is necessary or appropriate for English languages and provide oral nature of the program itself. Some every recipient with respect to all of its interpreter assistance with documents museum content may be extremely programs and activities. Indeed, a for those persons whose language does accessible regardless of language. In language assistance plan need not be not exist in written form; these instances, little translation might intricate; it may be as simple as being • Procedures for effective telephone be required. prepared to use a commercially communication between staff and LEP available ‘‘language line’’ to obtain persons, including instructions for (4) Resources Available immediate interpreting services and/or English-speaking employees to obtain IMLS is aware that its recipients may having bilingual staff members available assistance from bilingual staff or experience difficulties with resource who are fluent in the most common interpreters when initiating or receiving allocation. Many of the organizations’ non-English languages spoken in the calls to or from LEP persons; overall budgets, and awards involved area. Recipients should exercise the • Notice to and training of all staff, are quite small. The resources available flexibility afforded under this Guidance particularly public contact staff, with to a recipient of federal assistance may to select those language assistance respect to the recipient’s Title VI have an impact on the nature of the measures which have the greatest obligation to provide language steps that recipient must take to ensure potential to address, at appropriate assistance to LEP persons, and on the meaningful access. For example, a small levels and in reasonable manners, the language assistance policies and the recipient with limited resources may specific language needs of the LEP procedures to be followed in securing not have to take the same steps as a populations they serve. such assistance in a timely manner; larger recipient to provide LEP Finally, the examples below are not • Insertion of notices, in appropriate assistance in programs that have a intended to suggest that if services to languages, about access to free limited number of eligible LEP LEP populations aren’t legally required interpreters and other language individuals, where contact is infrequent, under Title VI and Title VI regulations, assistance, in brochures, pamphlets, where the total cost of providing they should not be undertaken. Part of manuals, and other materials language services is relatively high, and/ the way in which libraries and disseminated to the public and to staff; or where the program is not providing museums build communities is by and an important service or benefit from, for cutting across barriers like language. A • Notice to and consultation with instance, a health, education, economic, small investment in outreach to a community organizations that represent or safety perspective. Translation and linguistically diverse community may LEP language groups, regarding

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problems and solutions, including commissioning translations on an as- subject to Title VI issue separate standards and procedures for using their requested and as-needed basis. There guidance implementing uniform Title VI members as interpreters. are many circumstances where, after an compliance standards with respect to In identifying language assistance application and balancing of the four LEP persons. Where recipients of federal measures, recipients should avoid factors noted above, Title VI would not financial assistance from IMLS also relying on an LEP person’s family require translation. For example, Title receive assistance from one or more members, friends, or other informal VI does not require a library to translate other federal departments or agencies, interpreters to provide meaningful its collections, but it does require the there is no obligation to conduct and access to important programs and implementation of appropriate language document separate but identical activities. However, where LEP persons assistance measures to permit an analyses and language assistance plans so desire, they should be permitted to otherwise eligible LEP person to apply for IMLS. IMLS, in discharging its use, at their own expense, an interpreter for a library card and potentially to compliance and enforcement obligations of their own choosing (whether a access appropriate-language materials under Title VI, looks to analyses professional interpreter, family member, through inter-library loans or other performed and plans developed in or friend) in place of or as a supplement reasonable methods. The IMLS views response to similar detailed LEP to the free language services expressly this policy guidance as providing guidance issued by other federal offered by the recipient. But where a sufficient flexibility to allow the IMLS agencies. Recipients may rely upon balancing of the four factors indicate to continue to fund language-dependent guidance issued by those agencies. that recipient-provided language programs in both English and other IMLS’s regulations implementing assistance is warranted, the recipient languages without requiring translation Title VI contain compliance and should take care to ensure that the LEP that would be inconsistent with the enforcement provisions to ensure that a person’s choice is voluntary, that the nature of the program. Recipients recipient’s policies and practices LEP person is aware of the possible should consult Section VI of the June overcome barriers resulting from problems if the preferred interpreter is 18, 2002 DOJ LEP Guidance for language differences that would deny a minor child, and that the LEP person Recipients, 67 FR at 41461–41464 or LEP persons an equal opportunity to knows that a competent interpreter http://www.lep.gov, for additional participate in and access to programs, could be provided by the recipient at no clarification on the standards applicable services and benefits offered by IMLS. cost. to assessing interpreter and translator See 45 CFR part 1110. The agency will The use of family and friends as competence, and for determining when ensure that its recipient entities fulfill interpreters may be an appropriate translations of documents vital to their responsibilities to LEP persons option where proper application of the accessing program benefits should be through the procedures provided for the four factors would lead to a conclusion undertaken. Title VI regulations. that recipient-provided language The key to ensuring meaningful The Title VI regulations provide that assistance is not necessary. An example access for people with limited English IMLS will investigate (or contact its of this might be a bookstore or cafeteria skills is effective communication. A State recipient of funds to investigate, if associated with a library or archive. library or museum can ensure effective appropriate) whenever it receives a There, the importance and nature of the communication by developing and complaint, report or other information activity may be relatively low and implementing a comprehensive that alleges or indicates possible unlikely to implicate issues of language assistance program that noncompliance with Title VI. If the confidentiality, conflict of interest, or includes policies and procedures for investigation results in a finding of the need for technical accuracy. In identifying and assessing the language compliance, IMLS will inform the addition, the resources needed and costs needs of its LEP constituents. Such a recipient in writing of this of providing language services may be program should also provide for a range determination, including the basis for high. In such a setting, an LEP person’s of oral language assistance options, the determination. If the investigation use of family, friends, or other informal notice to LEP persons of the right to results in a finding of noncompliance, ad hoc interpreters may be appropriate. language assistance, periodic training of IMLS must inform the recipient of the As noted throughout this guidance. staff, monitoring of the program and, in noncompliance through a Letter of IMLS award recipients have a great deal certain circumstances, the translation of Findings that sets out the areas of of flexibility in addressing the needs of written materials. noncompliance and the steps that must their constituents with limited English Each recipient should, based on its be taken to correct the noncompliance, skills. That flexibility does not own volume and frequency of contact and must attempt to secure voluntary diminish, and should not be used to with LEP clients and its own available compliance through informal means. If minimize, the obligation that those resources, adopt a procedure for the the matter cannot bed resolved needs be addressed. IMLS recipients resolution of complaints regarding the informally, the IMLS will secure should apply the four factors outlined provision of language assistance and for compliance through (a) the suspension above to the various kinds of contacts notifying the public of their right to and of termination of Federal assistance after that they have with the public to assess how to file a complaint under Title VI. the recipient has been given an language needs and decide what State recipients, who will frequently opportunity for an administrative reasonable steps they should take to serve large numbers of LEP individuals, hearing, (b) referral to the Department of ensure meaningful access for LEP may consider appointing a senior level Justice for injunctive relief or other persons. By balancing the number or employee to coordinate the language enforcement proceedings, or (c) any proportion of people with limited assistance program and to ensure that other means authorized by federal, state, English skills served, the frequency of there is regular monitoring of the or local law. their contact with the program, the program. Under the Title VI regulations, the importance and nature of the program, IMLS has a legal obligation to seek and the resources available, IMLS V. Compliance and Enforcement voluntary compliance in resolving cases awardees’ Title VI obligations in many Executive order 13166 requires that and cannot seek the termination of cases will be satisfied by making each federal department or agency funds until it has engaged in voluntary available oral language assistance or extending federal financial assistance compliance efforts and has determined

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that compliance cannot be secured information is Beatrice Ezerski, other forms of information technology. voluntarily. IMLS will engage in Secretary to the Board, Phone No. 312– Consideration will be given to voluntary compliance efforts and will 751–4920. comments and suggestions submitted in provide technical assistance to Dated: April 7, 2003. writing within 60 days of this recipients at all stages of its Beatrice Ezerski, publication. investigation. During these efforts to Please direct your written comments Secretary to the Board. secure voluntary compliance, IMLS will to Kenneth A. Fogash, Acting Associate propose reasonable timetables for [FR Doc. 03–8890 Filed 4–8–03; 9:45 am] Executive Director/CIO, Office of achieving compliance and will consult BILLING CODE 7905–01–M Information Technology, Securities and with and assist recipients in exploring Exchange Commission, 450 Fifth Street, cost effective ways of coming into NW., Washington, DC 20549. SECURITIES AND EXCHANGE compliance. Dated: April 3, 2003. In determining a recipient’s COMMISSION compliance with Title VI, the IMLS’s Margaret H. McFarland, primary concern is to ensure that the Proposed Collection; Comment Deputy Secretary. recipient’s policies and procedures Request [FR Doc. 03–8809 Filed 4–9–03; 8:45 am] overcome barriers resulting from BILLING CODE 8010–01–P language differences that would deny Upon Written Request, Copies Available LEP persons a meaningful opportunity From: Securities and Exchange to participate in and access programs, Commission, Office of Filings and SECURITIES AND EXCHANGE Information Services, Washington, DC COMMISSION services, and benefits. A recipient’s 20549. appropriate use of the methods and [Release No. 35–27665] options discussed in this policy Extension: Form S–11; OMB Control No. 3235–0067; guidance will be reviewed by the IMLS SEC File No. 270–064. Filings Under the Public Utility Holding as evidence of a recipient’s willingness Company Act of 1935, as Amended to comply voluntarily with its Title VI Notice is hereby given that pursuant (‘‘Act’’) obligations. If implementation of one or to the Paperwork Reduction Act of 1995 more of these options would be so (44 U.S.C. 3501 et seq.) the Securities April 4, 2003. financially burdensome as to defeat the and Exchange Commission Notice is hereby given that the legitimate objectives of a recipient/ (‘‘Commission’’) is soliciting comments following filing(s) has/have been made covered entity’s program, or if there are on the collection of information with the Commission pursuant to equally effective alternatives for summarized below. The Commission provisions of the Act and rules ensuring that LEP persons have plans to submit this existing collection promulgated under the Act. All meaningful access to programs and of information to the Office of interested persons are referred to the services (such as timely effective oral Management and Budget for extension application(s) and/or declaration(s) for interpretation of vital documents), IMLS and approval. complete statements of the proposed will not find the recipient/covered Form S–11 is the registration transaction(s) summarized below. The entity in noncompliance. statement form used to register application(s) and/or declaration(s) and If you have any questions related to securities issued in real estate any amendment(s) is/are available for this policy, please contact the IMLS investment trusts by issuers whose public inspection through the Office of the General Counsel. business is primarily that of acquiring Commission’s Branch of Public and holding investment interest in real Reference. Nancy E. Weiss, estate under the Securities Act of 1933. Interested persons wishing to General Counsel. The information filed with the comment or request a hearing on the [FR Doc. 03–8803 Filed 4–9–03; 8:45 am] Commission permits verifications of application(s) and/or declaration(s) BILLING CODE 7036–01–M compliance with securities law should submit their views in writing by requirements and assures public April 28, 2003 to the Secretary, availability. Approximately 150 issuers Securities and Exchange Commission, RAILROAD RETIREMENT BOARD file Form S–11 annually and it takes Washington, DC 20549–0609, and serve approximately 473 hours per response a copy on the relevant applicant(s) and/ Notice of Public Meeting; Sunshine Act for a total burden of 283,800 hours. It is or declarant(s) at the address(es) Notice is hereby given that the estimated that 25% of the total burden specified below. Proof of service (by Railroad Retirement Board will hold a hours (70,950 reporting burden hours) is affidavit or, in the case of an attorney at meeting on April 16, 2003, 9 a.m., at the prepared by the company. law, by certificate) should be filed with Board’s meeting room on the 8th floor Written comments are invited on: (a) the request. Any request for hearing of its headquarters building, 844 North Whether the proposed collection of should identify specifically the issues of Rush Street, Chicago, Illinois 60611. information is necessary for the proper facts or law that are disputed. A person The agenda for this meeting follows: performance of the functions of the who so requests will be notified of any (1) Employer Status Determination— agency, including whether the hearing, if ordered, and will receive a Rail Temps, Inc. information will have practical utility; copy of any notice or order issued in the (2) Employer Status Determination— (b) the accuracy of the agency’s estimate matter. After April 29, 2003, the Southern Gulf Railway Company. of the burden of the collection of application(s) and/or declaration(s), as (3) Occupational Disability Task Force information collection information; (c) filed or as amended, may be granted Report. ways to enhance the quality, utility, and and/or permitted to become effective. (4) Management Information Report— clarity of the information collected; and Strategic Initiatives Related to the (d) ways to minimize the burden of the National Grid Group plc, et al. (70– President’s Management Agenda. collection of information on 9849) The entire meeting will be open to the respondents, including through the use National Grid Group plc (‘‘National public. The person to contact for more of automated collection techniques or Grid’’), National Grid Holdings One plc

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(‘‘Holdings One’’), National Grid (US) intermediate holding companies.2 They Company and Pruco Life Insurance Investments (‘‘US Investments’’), all at are now direct or indirect subsidiaries of Company of New Jersey. Applicants also 15 Marylebone Road, London, NW15JD, National Grid Holdings Limited.3 seek an order approving the terms of a United Kingdom, National Grid Applicants state that, as a result of the proposed exchange program under their (Ireland) 1 Limited (‘‘Ireland 1’’), and transactions described above, Holdings Strategic Partners FlexElite variable National Grid (Ireland) 2 Limited One and the Former Intermediate annuity contract. In addition, (‘‘Ireland 2’’ and collectively, Holding Companies no longer, directly Applicants seek an order to permit the ‘‘Applicants’’), both at 6 Avenue Pasteur or indirectly, own, control, or hold the recapture of any bonus credits granted L 2310, Luxembourg, all registered power to vote ten percent or more of the with respect to purchase payments holding companies, have filed a post- outstanding voting securities of any under the New Contracts (a) if the New effective amendment under section 5(d) public-utility company or holding Contract is cancelled during the of the Act to a previously filed company. Correspondingly, Applicants applicable free-look period or (b) for application. request that the Commission declare credits granted within one year prior to By order dated March 15, 2000, the that Holdings One and the Former death where the death benefit is equal Commission authorized Holdings One Intermediate Holding Companies are no to contract value. longer public-utility holding companies. (formerly known as National Grid) to Applicants: The Prudential Insurance acquire all of the issued and outstanding For the Commission by the Division of Company of America (‘‘Prudential common stock of the New England Investment Management, pursuant to Life’’), the Prudential Individual Electric System (‘‘NEES’’), a registered delegated authority. Variable Contract Account and the holding company. See National Grid Margaret H. McFarland, Prudential Qualified Individual Variable Group plc, et al, Holding Co. Act Deputy Secretary. Contract Account (each such Account, Release No. 27154 (March 15, 2000) [FR Doc. 03–8810 Filed 4–9–03; 8:45 am] the ‘‘Old Prudential Account’’); Pruco (‘‘NEES Order’’). Holdings One acquired BILLING CODE 8010–01–P Life Insurance Company (‘‘Pruco Life’’); NEES through several intermediate Pruco Life Flexible Premium Variable registered holding companies, Annuity Account (the ‘‘New Pruco Life including: U.S. Investments, Ireland 1, SECURITIES AND EXCHANGE Account’’); Pruco Life Insurance and Ireland 2. This corporate structure COMMISSION Company of New Jersey (‘‘PLNJ,’’ and was designed to hold the National [Release No. IC –25991; File No. 812–12880] collectively with Pruco Life and Grid’s United States assets in a tax- Prudential Life, the ‘‘Insurance efficient manner. To maintain tax The Prudential Insurance Company of Companies’’); Pruco Life of New Jersey efficiency, the Commission also America, et al.; Notice of Application Flexible Premium Variable Annuity authorized Holdings One to make non- Account (the ‘‘New PLNJ Account,’’ and April 4, 2003. material changes to its corporate collectively with the Old Pruco Life AGENCY: Securities and Exchange structure.1 See NEES Order. Accounts and the New Pruco Life Commission (‘‘SEC’’ or ‘‘Commission’’). By order dated January 16, 2002, the Account, the ‘‘Accounts’’); and Commission authorized Holdings One ACTION: Notice of Application for an Prudential Investment Management and National Grid (formerly known as order pursuant to section 11(a) of the Services LLC (‘‘PIMS,’’ and collectively New National Grid Group plc) to Investment Company Act of 1940 (the with the Insurance Companies and the acquire Niagara Mohawk Holdings, Inc. ‘‘Act’’) approving the terms of certain Accounts, ‘‘Applicants’’). offers of exchange, and for an order (‘‘NiMo’’). See National Grid Group plc, Filing Date: The application was filed et al, Holding Co. Act Release No. 27490 under section 6(c) of the Act granting exemptions from the provisions of on September 9, 2002, and amended (January 16, 2002) (‘‘NiMo Order’’). In and restated on April 3, 2003. the NiMo Order, the Commission also sections 2(a)(32), 22(c) and 27(i)(2)(A) of Hearing or Notification of Hearing: An authorized Holdings One to become a the Act and rule 22c–1 thereunder to order granting the application will be direct subsidiary of National Grid and permit the recapture of certain bonus issued unless the SEC orders a hearing. the direct parent of National Grid credits. Interested persons may request a Holdings, Ltd., a foreign utility SUMMARY OF APPLICATION: Applicants hearing by writing to the SEC’s company (‘‘FUCO’’) within the meaning seek an order approving the terms of a Secretary and serving Applicants with a of section 33 of the Act. In the proposed offer of exchange of the copy of the request, personally or by application underlying the NiMo Order, ‘‘Discovery Plus’’, ‘‘Variable Investment mail. Hearing requests should be it was represented that Holdings One Plan’’ and ‘‘Qualified Variable received by the SEC by 5:30 p.m. on would deregister, as proposed by the Investment Plan’’ individual variable April 29, 2003, and should be application, and claim FUCO status. annuity contracts (the ‘‘Old Contracts’’) accompanied by proof of service on Prior to the acquisition of NiMo, for a version of the Strategic Partners Applicants, in the form of an affidavit under the authority granted by the NEES Annuity One individual variable or, for lawyers, a certificate of service. Order, Holdings One restructured its annuity (the ‘‘New Contracts’’) to be Hearing requests should state the nature intermediate registered holding offered by Pruco Life Insurance of the requester’s interest, the reason for company subsidiaries. Specifically, U.S. the request, and the issues contested. Investments, Ireland 1, and Ireland 2 2 National Grid (US) Investments 4, National Grid U.S. Partner 1 Limited, National Grid U.S. Partner Persons may request notification of a (collectively, ‘‘Former Intermediate hearing by writing to the Secretary of Holding Companies’’) were removed as 2 Limited, and National Grid Holdings Inc. were added as new intermediate holding companies. the Commission. National Grid (US) Holdings Limited and National 1 In the application underlying the NEES Order, Grid General Partnership were not changed in the ADDRESSES: Secretary, Securities and it is stated that to maintain an efficient post- restructuring, and remain intermediate registered Exchange Commission, 450 Fifth Street, acquisition structure would require their quick holding companies. NW., Washington, DC 20549–0609. response to changes in such areas as tax law and 3 Specifically, U.S. Investments and Ireland 1 are accounting rules and that it might be necessary to direct subsidiaries of National Grid Holdings Applicants: The Prudential Insurance revise various organizational details of the Limited; Ireland 2 is a direct subsidiary of Ireland Company of America, 213 Washington intermediate registered holding companies. 1. Street, Newark, NJ 07102.

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FOR FURTHER INFORMATION CONTACT: 3. The New Pruco Life Account was contract value). Specifically, if a New Joyce M. Pickholz, Senior Counsel, or established on June 16, 1995, in Credit is applied to a purchase payment William J. Kotapish, Assistant Director, accordance with authorization by the within one year of death and the death at (202) 942–0670, Office of Insurance Board of Directors of Pruco Life and benefit amount is equal to contract Products, Division of Investment registered under the Act as a unit value, then any Credit attributable to Management. investment trust (File No. 811–07325). It that purchase payment will be is the separate account in which Pruco recaptured in calculating the death SUPPLEMENTARY INFORMATION: The following is a summary of the Life will set aside and invest assets benefit. 8. The New Contracts will provide for application. The complete application is attributable to the New Contracts. 4. The New PLNJ Account was a base death benefit equal to the greater available for a fee from the established on May 20, 1996, in of (a) contract value or (b) total purchase Commission’s Public Reference Branch, accordance with authorization by the payments (less withdrawals). The 450 Fifth Street, NW., Washington, DC Board of Directors of PLNJ and guaranteed minimum death benefit 20549–0102 (tel. (202) 942–8090). registered under the Act as a unit option (‘‘GMDB’’) guarantees that the Applicants’ Representations investment trust (File No. 811–07975). It death benefit will be no lower than a is the separate account in which PLNJ certain ‘‘protected value’’ equal to the 1. Prudential Life is a stock life will set aside and invest assets ‘‘step-up value’’ or the ‘‘roll-up value’’ insurance company founded in 1875 attributable to PLNJ’s version of the or the greater of the ‘‘step-up value’’ or under the laws of New Jersey. It is New Contracts. the ‘‘roll-up value’’. The step-up value licensed to sell life insurance and equals the highest value of the contract annuities in the District of Columbia, The Exchange Offer on any contract anniversary date (on Guam, the U.S. Virgin Islands and in all 5. The Exchange Offer proposed by each contract anniversary, the new step- states. Pruco Life is a stock life the Applicants will be made only to up value becomes the higher of the insurance company organized in 1971 owners of the Old Contracts whose previous step-up value and the current under the laws of the State of Arizona current account value equals or exceeds contract value). Between anniversary and is licensed to sell life insurance and $ 20,000, whose Old Contract is no dates, the step-up value is only annuities in the District of Columbia, longer subject to a withdrawal charge, increased by additional purchase Guam, and in all states except New and who are aged 80 or younger on the payments and reduced proportionally York. PLNJ is a stock life insurance date of the exchange. by withdrawals. The roll-up value company organized in 1982 under the 6. The New Contracts will be equals the total of all invested purchase Laws of the State of New Jersey and is registered with the SEC and will be payments compounded daily at an licensed to sell life insurance and offered as individual tax-deferred effective annual rate of 5.0%. The New annuities in the states of New Jersey and flexible premium variable annuity Contract will offer a minimum of three New York. PLNJ is a wholly-owned contracts. They will permit contract annuity payment options, including subsidiary of Pruco Life, which is a values to be accumulated on a variable, annuity payments for a fixed period, life wholly-owned subsidiary of Prudential fixed, or combination of variable and income annuity option, and an interest Life. PIMS is registered with the fixed basis. They require a minimum payment settlement option. Commission as a broker-dealer under initial premium payment of $20,000. 9. Contract values under the New the Securities Exchange Act of 1934 and Subsequent purchase payments Contracts may be invested in several is a member of the National Association generally must be at least $500. different investment company portfolios of Securities Dealers, Inc. PIMS is the 7. On the day the exchange is effected (‘‘Underlying Funds’’). New Underlying principal underwriter for the Old (the ‘‘Exchange Date’’) eligible owners Funds may be added in the future. All Contracts and the New Contracts and for would receive a bonus based on the but one of the Underlying Funds are certain other of Prudential Life’s contract value of each Old Contract portfolios of The Prudential Series Fund variable insurance products, including surrendered in exchange for an (‘‘Series Fund Portfolios’’). The other the Strategic Partners FlexElite variable enhanced New Contract (the ‘‘New Underlying Fund is a portfolio of Janus annuity. PIMS is an affiliate of Credit’’). The New Credit would be Aspen Series. In addition, contract Prudential Life. equal to 1.5%, 2%, 2.5%, or 3%, values under the New Contracts may be 2. Each Old Prudential Account was depending on the amount exchanged allocated to certain companion fixed established on October 12, 1982, in and the age of the owner. Specifically, options and market value adjustment accordance with authorization by the the New Credit percentage is 2% for options. Board of Directors of Prudential Life and purchase payments less than $250,000, 10. Contract values may be transferred registered under the Act as a unit 2.5% for purchase payments of among the subaccounts funding the investment trust (File Nos. 811–03622 $250,000 or more (but less than $1 New Contracts without charge for the and 811–03625). The Prudential million), and 3% with respect to a first twelve such transfers per contract Individual Variable Contract Account is purchase payment of $1 million or more year. After the twelfth, a charge of up to the separate account through which if the contract owner is age 80 or $30 for each additional transfer will be Prudential Life issues the Discovery younger (for jointly-owned contracts, if imposed. New Contract owners may Plus individual variable annuity the older owner is 80 or younger). The enroll in a dollar-cost averaging transfer contracts (‘‘Discovery Plus Contracts’’) New Credit percentage is 1.5% for program (the ‘‘DCA Program’’). Contract and the Variable Investment Plan contract owners aged 81 or older (for owners who enroll under the DCA Contracts. The Prudential Qualified jointly-owned contracts, if the older Program may then systematically Individual Variable Contract Account is owner is 81 or older), regardless of the transfer either a fixed dollar amount or the separate account through which amount of the purchase payment. Under a percentage out of any variable Prudential Life issues the Qualified the New Contracts, the New Credit will investment option and into any other Variable Investment Plan Contracts vest upon the expiration of the free look variable investment option. The New (collectively with the Variable period (except for New Credits applied Contracts also will offer an auto- Investment Plan Contracts, the ‘‘VIP within 12 months of death where the rebalancing feature. The contract owner Contracts’’). death benefit amount is equal to may choose an allocation among the

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variable investment options, and on a deducted proportionally from the net 16. The Discovery Plus Contract periodic basis (monthly, quarterly, semi- assets of each sub-account on each provides a bonus credit of 1% of each annually, or annually) automatic contract anniversary and pro-rata upon purchase payment during the first three transfers occur to return the contract to partial withdrawals (when the contract years, up to a maximum credit the chosen allocation. In addition to the remaining contract value is less than the of $ 1,000 per contract year. Prudential DCA Program, the New Contract will amount of the charge), annuitization, Life has the contractual discretion to offer a dollar cost averaging fixed rate the contract owner’s election to grant the 1% bonus for purchase option (the ‘‘DCA Fixed Rate Option’’). discontinue the feature, and surrender payments made after the third contract Purchase payments allocated to the DCA of the contract; (c) where the Earnings year, and currently does so. The credit Fixed Rate Option will be allocated to Appreciator supplemental death benefit does not vest at all until the end of the the insurer’s general account, and will feature has been elected, a charge at an surrender charge period, at which point earn interest at prevailing rates. Those annual rate of 0.30% of the contract the entire credit vests. Applicants purchase payments will be transferred, value which is deducted from the represent that each owner of a Discovery in either six or twelve monthly contract value on the contract Plus Contract to whom an Exchange installments, to the variable investment anniversary and upon annuitization, Offer is extended will be fully vested in options selected by the contract owner. death of the sole or last surviving owner his/her bonus amounts. Any withdrawal 11. Contract values under the New prior to annuitization, surrender of the or surrender during the surrender Contracts may be accessed at any time contract, and partial withdrawal if the charge period results the in recapture of prior to the annuity commencement contract value remaining is insufficient any credit corresponding to the amount date by means of partial surrenders or to cover the then applicable charge; (d) withdrawn. Contract values under the full surrender. The New Contracts will in those jurisdictions in which premium Discovery Plus Contracts may be permit withdrawal of up to 10% of taxes are assessed, a charge to cover accessed at any time prior to the annuity purchase payments per contract year these taxes, either when the contract is commencement date by means of partial without charge. This annual withdrawal issued or when annuity payments begin; surrenders or full surrender. The amount, which is not subject to the and (e) for each transfer among Discovery Plus Contract permits a contingent deferred sales charge subaccounts after the twelfth in a single charge-free withdrawal of all earnings (‘‘CDSC’’), is also referred to herein as contract year, a charge up to $30 and up to 10% of the contract value the ‘‘charge-free-amount’’. Earnings (the assessed pro rata from the subaccounts each contract year less any prior contract value in excess of purchase involved in the transfer; and (f) a charge withdrawals of purchase payments (‘‘net payments) are also not subject to the equal to .25% of contract value for the premium payments’’). CDSC when withdrawn. No CDSC is optional Income Appreciator benefit 17. The Discovery Plus Contract imposed on amounts withdrawn to meet that pays a benefit designed to help the provides for a death benefit equal to the minimum distribution requirements. owner defray the taxes that will be owed greater of (a) the contract value and (b) Purchase payments are deemed to be on annuity payments. net premium payments. In addition, the death benefit is subject to a one-time withdrawn before any earnings. The 14. The Discovery Plus Contract is step-up on the sixth contract CDSC under the New Contracts will be offered pursuant to a registration anniversary, at which time the as follows: statement under the Securities Act of minimum death benefit is guaranteed to 1933 (‘‘1933 Act’’) (File No. 33–25434), be the greater of (a) the contract value Contract anniversaries since Withdrawal and permits contract values to be purchase payment charge on the sixth contract anniversary, (percent) accumulated on a variable, fixed or increased by any additional premium combination variable and fixed basis. payments and reduced by any 0 ...... 8 The Discovery Plus Contract requires a withdrawals, (b) the contract value, and 1 ...... 8 minimum initial premium payment of (c) net premium payments. The 2 ...... 8 $10,000, and each subsequent premium 3 ...... 8 Discovery Plus Contract offers the same payment must be at least $1000. annuity options available under the 4 ...... 7 Contract values of the Discovery Plus 5 ...... 6 New Contracts. 6 ...... 5 Contracts currently may be allocated to 18. The Discovery Plus Contracts 7 or more ...... 0 13 subaccounts, each of which assess a CDSC against partial or full corresponds to a portfolio of the surrenders in excess of the free 12. Some versions of the New Prudential Series Fund, Inc. Contract withdrawal amount. The length of time Contracts may offer lower withdrawal values may also be accumulated on a from receipt of a premium payment to charges. In no event, however, will the guaranteed basis by allocation to the time of surrender determines the withdrawal charge after a given number Prudential Life’s general account. percentage of the CDSC. During the first of contract anniversaries exceed the 15. Contract values may be transferred five contract years after each premium charge shown in the above schedules. among the Discovery Plus subaccounts payment, a CDSC will be assessed 13. Other charges under the New without charge for the first four such against the surrender of premium Contract will include the following: (a) transfers per contract year. The contract payments. The CDSC is a percentage of Asset-based insurance and owner does not have a contractual right the amount surrendered (not to exceed administrative charges of 1.20%, 1.45%, to more than four transfers a year, the aggregate amount of the premium and 1.55% for the base death benefit, although Prudential Life currently payments made) and equals: Roll-up or Step-up guaranteed permits such excess transfers. The minimum death benefit, and greater of Discovery Plus Contract offers a DCA Contract anniversaries since Withdrawal Roll-up or Step-up guaranteed Program similar to the one available purchase payment charge minimum death benefit, respectively; under the New Contracts. Unlike the (percent) (b) where the guaranteed minimum New Contracts, however, the Discovery 0–2 ...... 7 income benefit feature (‘‘GMIB’’) has Plus Contract’s DCA Program permits 3 ...... 6 been elected, a charge at an annual rate transfers to come only out of the Money 4 ...... 5 of 0.45% of the Roll-Up value, which is Market Portfolio. 5 ...... 4

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Contract to whom an exchange offer is with a contract value equal to the Contract anniversaries since Withdrawal purchase payment charge extended will be fully vested in his/her contract value of the Old Contract (percent) bonus amounts. The VIP Contract offers surrendered in the exchange, increased several annuity and settlement options, by the amount of the applicable Credit. 6 or more ...... 0 including life annuity with 10 years Any such Credit will be recaptured if the New Contract is surrendered during Prudential Life deducts an M&E certain and an interest payment option. the free look period or if the Credit was charge and an administration fee from If the annuitant under a VIP Contract granted within 12 months prior to death contract value at an aggregate annual dies, the beneficiary will receive the and the death benefit amount is equal to rate equal to 1.20% of amounts invested total value of the contract, or, depending the contract value. in the contract’s variable investment on the age of the annuitant, the total 23. After an initial notification of the options. A charge for administrative amount invested in the contract Exchange Offer to Old Contract owners expenses relating to the maintenance of (reduced proportionately by and contacts made by Prudential’s the Discovery Plus Contract is deducted withdrawals), whichever is greater. registered representatives, the Exchange annually on each contract anniversary 21. Each day, Prudential Life deducts Offer will be made by providing eligible and upon surrender from the contract a mortality and expense risk charge under the VIP contracts equal, on an owners of Old Contracts who express an value. This maintenance fee is $30, and interest in learning the details of the is waived on contracts with a $10,000 annual basis, to 1.20% of the daily value of the contract invested in the variable offer a prospectus for the New contract value or greater on the contract Contracts, accompanied by a letter anniversary or full surrender. Charges investment options. During the accumulation phase, Prudential Life explaining the offer and a piece of sales for the Underlying Funds of the literature that compares the applicable Discovery Plus Contracts (as of deducts an annual contract fee of $30 if the contract value is less than $10,000 contracts. The offering letter will advise December 31, 2002) ranged on an owners of an Old Contract that the annual basis from 0.37% to 0.82% of on the contract anniversary date. Each contract year, the contract owner can Exchange Offer is specifically designed average daily net assets. for those contract owners who intend to 19. The VIP Contracts are individual, withdraw earnings, plus up to 10% of the owner’s total contract value without continue to hold their contracts as long- flexible premium variable annuity term investment vehicles. The letter will contracts that allow the contract owner paying a withdrawal charge. With respect to contracts issued in states that state that the offer is not intended for all to allocate purchase payments to 13 contract owners, and that it is especially portfolios of The Prudential Series impose a premium tax, Prudential Life makes a deduction from the contract not appropriate for any contract owner Fund, Inc., to the Prudential Variable who anticipated surrendering all or a Contract Real Property Account and to value to pay some or all of these taxes. There is a CDSC under the VIP significant part (i.e., more than 10% of a fixed interest-rate option. These purchase payments on an annual basis) contracts are registered under the 1933 Contracts according to the following schedule: of his or her contract before seven years Act on Form N–4 (File No. 2–80897). have elapsed. In this regard, the letter The Qualified Variable Investment Plan Withdrawal will encourage contract owners to Contracts (‘‘QVIP Contracts’’) are also Contract anniversaries since purchase payment charge carefully evaluate their personal registered under the 1933 Act on Form (percent) financial situation when deciding N–4 (File No. 2–81318) and generally whether to accept or reject the Exchange have the same features as the VIP 0 ...... 8 Offer. In addition, the offering letter will 1 ...... 7 contracts, except that they are sold only explain how an owner of an Old to certain retirement arrangements. 2 ...... 6 3 ...... 5 Contract contemplating an exchange Except as indicated, the discussion 4 ...... 4 may want to decline the offer to avoid herein concerning the VIP Contracts 5 ...... 3 the applicable CDSC on the New applies equally to the Qualified Variable 6 ...... 2 Contract if more than the annual ‘‘free Investment Plan Contracts, and 7 ...... 1 withdrawal amount’’ is surrendered. In references to the VIP contracts 8 ...... 0 this regard, the offering letter will state encompass both VIP and QVIP in clear plain English that if the New Contracts. The total expenses of the 22. Prudential proposes to offer Contract is surrendered during the Prudential Series Fund portfolios eligible owners of Old Contracts the initial CDSC period, a contract owner available under the VIP contracts (as of opportunity to exchange their Old may be worse off than if he or she had December 31, 2002) ranged from 0.37% Contracts for New Contracts by means of rejected the Exchange Offer, because the to 0.82% annually. the Exchange Offer. To be eligible for amount of the CDSC will exceed the 20. The VIP Contracts also offer a the Exchange Offer, Old Contract amount of the New Credits granted. DCA Program, under which the contract owners must not be subject to a CDSC 24. The contract value of an Old owner can systematically transfer on their contract, have a minimum Contract (‘‘Exchange Value’’) together amounts from the money market subcontract value of $ 20,000, and not be with the New Credit and any additional account into any other variable older than 80 on the date of the premium payments submitted with an investment option. During the first three exchange. Only Old Contracts held in internal Exchange Application Form for years of the contract, Prudential Life IRAs and outside any tax-qualified the New Contract will be applied to the adds an additional 1% bonus to each arrangement will be eligible for the New Contract as of the Exchange Date. purchase payment made by an owner. Exchange Offer. Pruco Life and PLNJ, as Because only Old Contract owners who This 1% bonus vests over a period of applicable will provide from their are no longer subject to a CDSC charge eight contract anniversaries. Prudential general accounts a Credit to each owner will be eligible for the Exchange Offer, Life has the contractual discretion to of an Old Contract who accepts the offer no CDSC will be deducted upon the grant the 1% bonus for purchase (equal to either 1.5%, 2%, 2.5%, or 3% surrender of an Old Contract in payments made after the third contract as discussed above). The Exchange Offer connection with an exchange. If a year, and currently does so. Applicants will provide that, upon acceptance of contract owner surrenders his New represent that each owner of a VIP the offer, a New Contract will be issued Contract prior to the completion of the

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CDSC period, Prudential will apply the purposes of determining contract years Contract owners who accept the applicable CDSC according to the seven- and anniversaries after the Exchange Exchange Offer. The exchanges will year schedule detailed above. If a Date. constitute tax-free exchanges pursuant contract owner exercises his or her right 25. To accept the Exchange Offer, an to Section 1035 of the Internal Revenue to cancel the New Contract, the New owner of an Old Contract must complete Code (for nonqualified annuities) or tax- Credit will be returned to Prudential an Internal Exchange Application Form. free transfers (in connection with Old and the Old Contract will be reinstated Contract values will be allocated to the Contracts held under IRAs). Prudential with contract values that reflect the New Contract investment options designed the terms of the Exchange selected by the owner. Contract values investment experience while the New Offer (particularly the New Credit) in may subsequently be reallocated under Contract was held, or such other value response to similar offers currently the New Contract pursuant to contract as is required by state law. After owner instructions. Payments submitted being made by its competitors as a expiration of the New Contract’s right to with the Internal Exchange Application means to maintain the existing Old cancel period, withdrawals will be Form will be assumed to be payments Contract business. governed by the terms of the New under the New Contract as of the date 27. The following chart summarizes Contract for purposes of calculating any of issue of the New Contract. the salient features of the Old Contracts CDSC. The Exchange Date will be the 26. No adverse tax consequences and the New Contracts. issue date of the New Contract for generally will be incurred by those Old

Features New contract Discovery plus VIP

A. Investment Options: 1. Number of underlying funds ...... 27 ...... 13 ...... 13. 2. Fixed rate option (and MVA option) ...... Yes ...... Yes ...... Yes. 3. Dollar cost averaging fixed rate option ...... Yes ...... N/A ...... N/A. 4. Dollar cost averaging feature ...... Yes ...... Yes ...... Yes. 5. Asset allocation program ...... Yes ...... N/A ...... N/A. 6. Auto-rebalancing ...... Yes ...... N/A ...... N/A. 7. Number of Free Transfers ...... 12 ...... 4 ...... 4. B. Death Benefit: 1. Base death benefit (greater of total purchase payments less withdrawals or con- Yes ...... Yes ...... Yes. tract value). 2. Step-up or roll-up GMDB ...... Yes ...... N/A ...... N/A. 3. Greater of Step-up or Roll-up GMDB ...... Yes ...... N/A ...... N/A. 4. Earnings Appreciator supplemental death benefit ...... Yes ...... N/A ...... N/A. C. Annuity Options: 1. Annuity payments for a fixed period ...... Yes ...... Yes ...... Yes. 2. Life income annuity option...... Yes ...... Yes ...... Yes. 3. Interest payment option ...... Yes ...... Yes ...... Yes. 4. Other annuity options...... Yes ...... Yes ...... Yes. 5. Automated withdrawals ...... Yes ...... Yes ...... Yes. D. Guaranteed Minimum Income Benefit ...... Yes ...... N/A ...... N/A. E. Spousal Continuance Benefit ...... Yes ...... N/A ...... N/A. F. Credit Amount/Bonus ...... Up to 3% ...... 1% ...... 1%. G. Fees and Charges: 1. Maximum transfer fee ...... $30.00 ...... N/A ...... N/A. 2. Contract maintenance charge ...... $0.00 ...... $30.00 ...... $30.00. 3. Base Death Benefit; or ...... 1.20% ...... 1.20% ...... 1.20%. GMDB—Roll-up or Step-up; or ...... 1.45% ...... N/A ...... N/A. GMDB greater of Roll-up and Step-up ...... 1.55% ...... N/A ...... N/A. 4. Earnings appreciator charge ...... 30% ...... N/A ...... N/A. 5. Income Appreciator charge ...... 25% ...... N/A ...... N/A. 6. GMIB charge ...... 45% ...... N/A ...... N/A. 7. Underlying fund charge range (after Expense reimbursement) ...... 37%–1.30% ...... 37%–.82% ...... 37%–.82%.

28. Applicants submit that the owner who accepted the Exchange Offer The FlexElite Exchange Program Exchange Offer is meant to encourage would persist for long enough for the existing Old Contract owners who might New Credit and any payments to 29. In addition to seeking an order otherwise surrender their contracts in registered representatives to be under section 11(a) with respect to the exchange for a competitor’s product recouped through standard fees from the Exchange Offer described above, PLIC, PLNJ, the New PLIC Account, the New offering a similar bonus to remain with ongoing operation of the New Contracts. PLNJ Account, and PIMS also seek Prudential instead. If imposing the New Old Contract owners will be informed in Commission approval of an exchange Contract’s CDSC on the New Contract is the offering letter that Prudential reserve offer to be made with respect to each of not permitted, Applicants believe some the right to terminate the Exchange PLIC’s and PLNJ’s Strategic Partners contract owners might exchange their Offer at any time, and will be referred FlexElite variable annuity contract (such New Contracts with the intent to take to a toll-free telephone number to call exchange offer is referred to hereinafter advantage of the New Credit and then for information concerning the current as the ‘‘FlexElite Exchange Program’’). surrender the New Contract without a status of the Exchange Offer. PLIC currently offers a Strategic Partners CDSC. Without the CDSC, Prudential FlexElite variable annuity contract would have no assurance that a contract through the New PLIC Account. (File

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No. 333–75702). PLIC’s Strategic condition 1 below, except that (a) they condition No. 3, for review by the Partners FlexElite variable annuity has a will not contrast an old contract with a Commission upon request (a) records withdrawal charge, equal to 7% of the new contract because no new contract showing the level of exchange activity amount withdrawn (in excess of the will be issued and (b) they will not and how it relates to the total number permitted free withdrawal amount), that reserve any right to terminate the of contract owners eligible to exchange applies in each of the first three years FlexElite Exchange Program. Applicants (quarterly as a percentage of the number of the contract. No withdrawal charge also will adhere to the terms of eligible), (b) copies of any form of applies after the third contract year, condition 2 below. Applicants will offering letter and other written unless the contract owner makes the adhere to the terms of condition 3 materials or scripts for presentations by credit election described below. Before below, except as respects the reference representatives regarding the Exchange each contract’s third contract in that condition to the contract number Offer (if Prudential prepared or anniversary, PLIC will offer the owner of the old and new contracts (i.e., there approved the materials), including the of such contract the opportunity to is only a single security, having a single date(s) used; (c) records showing receive a credit equal to 1% of the 1933 Act registration number, involved). information about each exchange contract value as of the third contract Finally, Applicants will comply with transaction that occurs, including the anniversary (the ‘‘1% Credit’’). If the condition 4 below, in that the offering name of the contract owner, Old and owner chooses to receive the 1% Credit, letter will disclose in concise, plain New Contract number(s), Credit paid, PLIC will re-impose the three-year, 7% English the one feature of the exchange registered representative’s name, CRD surrender charge schedule discussed that could be less favorable than not number, firm affiliation, branch office above. PLIC also will offer the 1% accepting the exchange offer (i.e., the address and telephone number, and Credit before the sixth anniversary of possible imposition of a surrender name of the registered representative’s the contract, and will re-impose the charge). broker-dealer, commission paid, three-year, 7% surrender charge internal exchange form (and separate Applicants’ Conditions schedule on any contract owner who document, if any, used to obtain accepts that offer. It is the offer of the If the requested order is granted, contract owner acknowledgement of the 1% Credit before the third and sixth Applicants consent to the following statements required in condition No. 1) contract anniversaries, coupled with the conditions: showing the name, date of birth, address re-imposition of the three-year, 7% 1. The offering letter will contain and telephone number of the contract surrender charge schedule, that arguably concise plain English statements that (a) owner, and date internal exchange form causes the FlexElite Exchange Program the Exchange Offer is suitable only for (or separate document) was signed, to need an exemption from section 11(a) contract owners who expect to hold amount of contract value exchanged, of the Act. However, apart from the re- their contracts as long term investments, and persistency information relating to imposition of the surrender charge and (b) if the New Contract is the New Contract (date surrendered and schedule on contract owners who accept surrendered during the initial CDSC CDSC paid), and (d) logs showing any the 1% Credit, a contract owner will period, a contract owner may be worse contract owner complaints about the experience no change in contract off than if he or she had rejected the exchange, state insurance department features as a consequence of accepting Exchange Offer, because the amount of inquiries about the exchange, or the 1% Credit. the CDSC will exceed the amount of the litigation, arbitration or other 30. PLNJ has filed with the New Credit, and (c) disclose each aspect proceedings regarding any exchange. Commission a Form N–4 registration of the New Contract that will be less The following information will be statement to register its version of the favorable than the Old Contracts, and included on the log’s date of complaint Strategic Partners FlexElite variable (d) Applicants reserve the right to or commencement of proceedings, annuity (File No. 333–99275). The 1% terminate the Exchange Offer at any name, address of the person making the Credit, surrender charges, and re- time, and contract owners can call a complaint or commencing the imposition of surrender charge toll-free telephone number for proceeding, nature of the complaint or provisions of the PLNJ version are information concerning the current proceeding, and persons named or substantially similar in all material status of the Exchange Offer. involved in the complaint or respects to those under the PLIC version 2. Prudential will provide a means of proceeding. of Strategic Partners FlexElite. PLNJ’s confirming that a contract owner Records specified in conditions No. version of Strategic Partners FlexElite choosing to make an exchange was told 3(a) and (d) will be retained for six years otherwise is substantially similar in all the statements in the offering letter from creation of the record. Records material respects to the PLIC version. (stated in Condition No. 1). Prudential specified in condition No. 3(b) will be 31. PLIC and PLNJ seek Commission will send the offering letter directly to retained for six years after the date of approval of the FlexElite Exchange eligible contract owners. A contract last use, and records specified in Program under section 11(a) of the Act. owner choosing to exchange will then condition No. 3(c) will be retained for To the extent described below, complete and sign an internal exchange two years from the end of the initial Applicants would adhere to the form, which will prominently restate in CDSC period of the New Contract. conditions set forth below with respect concise plain English the statements 4. The offering letter will disclose in to the Exchange Offer. By adhering to required in condition No. 1, and return concise plain English each aspect of the those conditions, Applicants believe it to Prudential. If the internal exchange New Contracts that will be less that contract owners will be fully form is more than two pages in length, favorable than the Old Contracts. apprised of the fact that the economic Prudential will use a separate document benefits of accepting the 1% Credit to obtain contract owner Applicants’ Legal Analysis would be negated if the owner acknowledgement of the statements 1. Section 11(a) of the Act makes it surrenders his/her contract during the required in condition No. 1. unlawful for any registered open-end ensuing three-year surrender charge 3. Prudential will maintain the company, or any principal underwriter period. Specifically, Applicants following separately identifiable records for such a company, to make or cause represent that they will adhere to the in an easily accessible place, for the to be made an offer to the holder of a offering letter requirements set forth in time periods specified below in this security of such company, or any other

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open-end investment company, to on sales or administrative charges that of whether to accept or reject the exchange his security for a security in would be incurred by investors for Exchange Offer will be made by each the same or another such company on effecting exchanges. contract owner. Applicants state that the any basis other than the relative net terms of the proposed Exchange Offer The Exchange Offer asset values of the respective securities, are similar to offers currently being unless the terms of the offer have first 4. Applicants submit that the terms of made to Old Contract owners by been submitted to and approved by the the proposed Exchange Offer do not Prudential’s competitors, which are Commission or are in accordance with represent the abuses against which permissible pursuant to a no-action Commission rules adopted under section 11 was intended to protect. The letter issued to Alexander Hamilton section 11. Section 11(c) of the Act, in Exchange Offer was not created ‘‘solely Funds, SEC No-Action Letter (pub. pertinent part, requires, in effect, that for the purpose’’ of exacting additional avail. July 20, 1994). Accordingly, an any offer of exchange of the securities of sales charges. Rather, the Exchange offer such as the Exchange Offer would a registered unit investment trust for the Offer was designed to allow Prudential be permitted to be made by Prudential securities of any other investment to compete on a level playing field with to owners of competitor’s contracts company be approved by the its competitors who are making bonus under section 11(a) because the Commission or satisfy applicable rules offers to its current Old Contract Accounts would be permitted to rely on adopted under section 11, regardless of owners. No additional sales load or the Alexander Hamilton letter. In fact, the basis of the exchange. Each Account other fee will be imposed at the time of competitors can and do make such is registered under the Act as a unit exercise of the Exchange Offer. In stark offers. The relief sought here would do investment trust. Accordingly, the contrast with the 9–10% front-end no more than permit Prudential to offer proposed Exchange Offer constitutes an commissions deducted in the its longstanding clients an enhanced offer of exchange of two securities, each ‘‘switching’’ exchanges that led to the contract and bonus similar to those they of which is offered by a registered unit adoption of section 11, each contract may be offered by Prudential’s investment trust. Thus, unless the terms owner accepting the Exchange Offer will competitors. of the Exchange Offer are consistent be provided with a New Credit, funded 7. Applicants represent that the with those permitted by Commission from Pruco Life’s or PLNJ’s general description of the proposed Exchange rule, Applicants may make the proposed account. The effect of this Credit is to Offer in letters to owners of Old Exchange Offer only after the add the New Credit to the Old Contract Contracts and in the New Contracts’ Commission has approved the terms of value at the time of exchange to the New prospectus will provide full disclosure the offer by an order pursuant to section Contract value. An owner of an Old of the material differences in the 11(a) of the Act. Contract who intends to continue to applicable contracts. Assuming no 2. As noted by the Commission when hold the contract as a long-term premature surrender, the New Contracts proposing rule 11a–3 under the Act, the retirement planning vehicle will be should be no more expensive than the purpose of section 11 of the Act is to significantly advantaged by the Old Contracts for contract owners prevent ‘‘switching’’. ‘‘Switching is a Exchange Offer because this New Credit unless they affirmatively choose to add term of art that refers to the practice of will automatically be added to his or her additional features. In each case, inducing security holders of one contract value upon receipt of an existing contract owners would be Investment Company to exchange their enhanced New Contract. No sales charge offered a better contract and a Credit securities for those of a different will ever be paid on the amounts rolled under terms that would be on an equal investment company ‘‘solely for the over in the exchange unless the New footing with similar offers made daily purpose of exacting additional selling Contract is surrendered before by Prudential’s competitors. charges.’’ That type of practice was expiration of the New Contract’s CDSC 8. Far from being a way to extract found by Congress to be widespread in period. additional charges from investors, as the 1930’s prior to adoption of the Act. 5. Given the terms of the exchange, contemplated by the prohibitions of 3. Rule 11a–2 adopted in 1983 under Applicants are precluded from relying section 11, Applicants state that the section 11 of the Act, by its express on rule 11a–2. Accordingly, section proposed Exchange Offer would provide terms provides blanket Commission 11(a) requires that Applicants submit an immediate and enduring economic approval of certain types of offers of the terms of the offer to the Commission benefit to investors. The New Credit exchange of one variable annuity for approval. Although section 11 does would be applied immediately and the contract for another or of one variable not prescribe specific standards for fact that asset-based charges would not life insurance contract for another. Commission approval of exchange be increased by the Exchange Offer, and Variable annuity exchanges are offers, Applicants believe that the that no contract maintenance charge permitted by rule 11a–2, provided that Exchange Offer presents less potential would apply, also would contribute the only variance from a relative net for the type of abuses that led to the significantly to this enduring economic asset value exchange is an adoption of section 11 than in benefit. To the extent that a contract administrative fee disclosed in the connection with exchanges that would owner ultimately did not benefit from offering account’s registration statement be permitted under rule 11a–2. accepting the offer, it would most likely and a sales load or sales load differential 6. Applicant submit that the Exchange be as a result of his or her own calculated according to method Offer is available to all eligible Old subsequent decision to surrender the prescribed in the rule. No exchange is Contract owners on an entirely New Contract during the new CDSC permitted under rule 11a–2 that voluntary basis. While the Exchange period. The Exchange Offer will provide involves a security acquired or Offer would not be in the interests of all much more explicit disclosure about the exchanged that has both a front-end and contract owners (i.e., those contract inadvisability of accepting the Exchange a deferred sales load. Adoption of rule owners who anticipate a need to access Offer if the owner may require access to 11a–3, which takes a similar approach a significant portion of their contract’s a significant portion of the amount to that of rule 11a–2, represents the value—more than 10% of net premium invested in the contract during the most recent Commission action under payments on an annual basis— CDSC period than would be the case section 11 of the Act. As with rule 11a– sometime before the expiration of the with competitors’ offers that pose the 2, the focus of rule 11a–3 is primarily initial CDSC period), the determination identical risk. The disclosure provided

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in the offering materials will give also submit that the Exchange Offer and owner’s interest in the credit is not owners of Old Contracts sufficient FlexElite Exchange Program are completely vested. As a result, during information to determine which consistent with the protections provided such periods, the aggregate asset-based contract will be best for them. by section 11 of the Act, do not involve charges assessed against an owner’s any of the switching abuses that led to contract value will be higher than those The Flexelite Exchange Program the adoption of section 11, and assure that would be charged if the owner’s 9. Applicants submit that the legal an immediate and enduring economic contract value did not include the rationale supporting the FlexElite benefit to persisting Contract owners. Credit. Applicants note, however, that Exchange Program is comparable to that Furthermore, permitting Contract any earnings attributable to Credit posited for the Exchange Offer. The owners to evaluate the relative merits of amounts vest immediately and are not FlexElite Exchange Program was not the Old and New Contracts under the subject to recapture. designed ‘‘solely for the purpose’’ of Exchange Offer and to select the one 14. Section 27 of the Act provides that exacting additional sales charges. that best suits their circumstances and such section does not apply to any Rather, that Program is designed to preferences fosters competition and is registered separate account funding allow investors who do not anticipate consistent with the public interest and variable insurance contracts, or the making a withdrawal within the the protection of investors. Accordingly, sponsoring insurance company and succeeding three years to receive a 1% approval of the terms of the Exchange principal underwriter of such account, addition to their contract value. As Offer and the FlexElite Exchange except as provided in paragraph (2) of required by the conditions set forth Program is necessary or appropriate in the subsection. Paragraph (2) provides above, Applicants will give investors the public interest and consistent with that it shall be unlawful for such a ample notice of the fact that acceptance the protection of investors and the separate account or sponsoring of the 1% Credit carries with it the purposes fairly intended by the policies insurance company to sell a contract reimposition of the three year surrender and provisions of the Act. funded by the registered separate charge. Applicants anticipate that account unless such contract is a through that notice, investors who Recapture of Credit Under the New redeemable security. envision needing to make a significant Contracts 15. Section 2(a)(32) defines withdrawal within the succeeding three 12. Section 6(c) of the Act authorizes ‘‘redeemable security’’ as any security, years will be steered away from the Commission to exempt any person, other than short-term paper, under the accepting the 1% Credit. On the other security or transaction, or any class or terms of which the holder, upon hand, investors who accept the 1% classes of persons, securities or presentation to the issuer, is entitled to Credit and make no withdrawals during transactions, from the provisions of the receive approximately his proportionate the succeeding three year period will Act and the rules promulgated share of the issuer’s current net assets, receive an immediate monetary benefit thereunder if and to the extent that such or the cash equivalent thereof. in the form of the Credit, but will avoid exemption is necessary or appropriate Applicants submit that the recapture of any withdrawal charge. in the public interest and consistent the credit amount in the circumstances 10. According to the Applicants, with the protection of investors and the set forth in this Application would not approval of the FlexElite Exchange purposes fairly intended by the policy deprive an owner of his or her Program also is warranted because it and provisions of the Act. Applicants proportionate share of the issuer’s will promote competition in the variable request that the Commission, pursuant current net assets. With respect to Credit annuity marketplace. The promotion of to section 6(c) of the Act, grant the recaptures upon exercise of the free-look competition is a relevant consideration exemptions requested below with privilege, it would be unfair to allow an in evaluating whether the terms of an respect to the New Contracts. owner exercising that privilege to retain exchange offer are consistent with the Applicants believe that the requested a Credit amount under a contract that protection of investors. Applicants state exemptions are appropriate in the has been returned for a refund after a that several of their competitors public interest and consistent with the period of only a few days. If Pruco Life currently offer variable annuity protections of investors and the and PLNJ could not recapture the products featuring a ‘‘persistency purposes fairly intended by the policy Credit, individuals could purchase a bonus’’ coupled with a reimposition of and provisions of the Act. contract with no intention of retaining the withdrawal charge. By granting the 13. Applicants seek exemption it, and simply return it for a quick requested relief, the Commission will pursuant to section 6(c) from sections profit. Furthermore, the recapture of permit Applicants to offer and operate 2(a)(32), 22(c), and 27(i)(2)(A) of the Act Credits relating to purchase payments the Strategic Partners FlexElite contract and rule 22c–l thereunder to the extent made within one year prior to death or as described herein—adding that necessary to permit Pruco Life and PLNJ after death is designed to provide Pruco product to the menu of such variable to recapture all or the unvested portion Life and PLNJ with a measure of annuities already available in the of certain Credits in the following protection against ‘‘anti-selection’’. The marketplace. instances: (a) The contract is canceled risk here is that, rather than holding the 11. Applicants submit that the under the free look provision; or (b) New Contract for a number of years, an Exchange Offer does not present any death occurs within one year of a owner will exchange an existing duplication of sales loads or purchase payment where the death contract for a New Contract shortly administrative fees to those Contract benefit amount is equal to contract before death, thereby leaving Pruco Life owners who intend to hold their value. Applicants represent that it is not and PLNJ less time to recover the cost Contracts as long-term retirement administratively feasible to track the of the Credits applied, to their financial vehicles. Similarly, the FlexElite Credit amount in the subaccounts after detriment. Again, the amounts Exchange Program will entail no the Credit is applied. Accordingly, the recaptured equal the Credits provided reassessment of surrender charges on a asset-based charges applicable to the by Pruco Life and PLNJ from their own contract owner who accepts the 1% subaccounts will be assessed against the general account assets and any gain Credit, so long as the owner holds the entire amounts held in the respective would remain as part of the New contract longer than the three-year subaccounts, including the Credit Contract’s value when annuity surrender charge period. Applicants amount, during the period when the payments begin. For the foregoing

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reasons, Applicants submit that the SECURITIES AND EXCHANGE FOR FURTHER INFORMATION CONTACT: provisions for recapture of any Credits COMMISSION Ellen J. Sazzman, Senior Counsel, or Lorna J. MacLeod, Branch Chief, Office under the New Contracts does not [Release No. IC–25993; File No. 812–12913] violate section 2(a)(32) and 27 (i)(2)(A) of Insurance Products, Division of of the Act. National Life Insurance Company, et Investment Management, at (202) 942– 0670. 16. Section 22(c) of the Act authorizes al.; Notice of Application SUPPLEMENTARY INFORMATION: The the Commission to make rules and April 4, 2003. following is a summary of the regulations applicable to registered AGENCY: Securities and Exchange application. The complete application investment companies and to principal Commission (‘‘Commission’’). may be obtained for a fee from the underwriters of, and dealers in, their ACTION: Notice of application for an redeemable securities to accomplish the Public Reference Branch of the order pursuant to Section 26(c) of the Commission, 450 5th Street, NW., same purposes as contemplated by Investment Company Act of 1940 (the section 22(c). Rule 22c–1 thereunder Washington, DC 20549 (tel. (202) 942– ‘‘Act’’) approving certain substitutions 8090). prohibits a registered investment of securities. company issuing any redeemable Applicants’ Representations APPLICANTS: security, a person designated in such National Life Insurance 1. MSF has eleven investment issuer’s prospectus as authorized to Company (‘‘NLIC’’), National Variable portfolios, two of which are the subject Annuity Account II (‘‘Annuity consummate transactions in any such of this application (each, a Portfolio). Account’’), and National Variable Life security, and a principal underwriter of, SVPT currently has five investment Insurance Account (‘‘Life Account’’). or dealer in, such security, from selling, portfolios, but is adding two more that redeeming or repurchasing any such FILING DATE: The application was filed are the subject of this application (each, security except at a price based on the on December 19, 2002, and amended a Fund). current net asset value of such security and restated on April 3, 2003. 2. NLIC was a mutual life insurance which is next computed after receipt of SUMMARY OF APPLICATION: Applicants company originally chartered by the a tender of such security for redemption request an order to permit NLIC to State of Vermont in 1848. It is now a or of an order to purchase or sell such substitute securities issued by two series stock life insurance company, all of the security. of the Sentinel Variable Products Trust outstanding stock of which is indirectly (‘‘SVPT’’) to support variable annuity 17. Applicants state that Pruco Life’s owned by National Life Holding contracts or variable life insurance Company, a mutual insurance holding and PLNJ’s recapture of the Credit might contracts (collectively, the ‘‘Contracts’’) company, established under Vermont arguably be viewed as resulting in the issued by NLIC, for securities issued by law in 1999. All owners of NLIC redemption of redeemable securities for two series of the Market Street Fund contracts, including the Contracts, are a price other than the one based on the (‘‘MSF’’), and currently held by either voting members of National Life current net asset value of the Accounts. the Annuity Account or the Life Holding Company. NLIC is authorized Applicants contend, however, that the Account (each, an ‘‘Account,’’ together, to transact life insurance and annuity recapture of the Credit does not violate the ‘‘Accounts’’). business in Vermont and in 50 other section 22(c) and rule 22c–1. HEARING OR NOTIFICATION OF HEARING: An jurisdictions. For purposes of the Act, order granting the amended and restated Conclusion NLIC is the depositor and sponsor of the application will be issued unless the Annuity Account and the Life Account For the reasons summarized above, Commission orders a hearing. Interested as those terms have been interpreted by Applicants submit that the Exchange persons may request a hearing by the Commission with respect to variable Offer and the FlexElite Exchange writing to the Secretary of the life insurance and variable annuity Program are consistent with the Commission and serving Applicants separate accounts. protections provided by section 11 of with a copy of the request, personally or 3. NLIC established the Annuity the Act and that their approval is by mail. Hearing requests must be Account on November 1, 1996, and the necessary or appropriate in the public received by the Commission by 5:30 Life Account on February 1, 1985, as p.m. on April 29, 2003, and should be interest and consistent with the segregated investment accounts under accompanied by proof of service on protection of investors and the purposes Vermont law. Under Vermont law, the Applicants, in the form of an affidavit fairly intended by the policies and assets of each Account attributable to or, for lawyers, a certificate of service. the Contracts through which interests in provisions of the Act. Applicants further Hearing requests should state the nature that Account are issued are owned by submit that their request for exemptions of the writer’s interest, the reason for the NLIC but are held separately from all from sections 2(a)(32), 22(c) and request, and the issues contested. other assets of NLIC for the benefit of 27(i)(2)(A) of the Act and rule 22c–1 Persons may request notification of a the owners of, and the persons entitled thereunder meet the standards set out in hearing by writing to the Secretary of to payment under, those Contracts. section 6(c) of the Act. Applicants the Commission. Consequently, such assets in each submit that the requested order should ADDRESSES: Secretary, Securities and Account equal to the reserves and other therefore be granted. Exchange Commission, 450 Fifth Street, liabilities with respect to such Account For the Commission, by the Division of NW., Washington, DC 20549–0609. are not chargeable with liabilities Investment Management, pursuant to Applicants, c/o D. Russell Morgan, Esq., arising out of any other business that delegated authority. Assistant General Counsel, National Life NLIC may conduct. Income, gains and Margaret H. McFarland, Insurance Company, National Life losses, realized or unrealized, from Drive, Montpelier, Vermont 05604. assets allocated to each Account are Deputy Secretary. Copy to David S. Goldstein, Esq., credited to or charged against that [FR Doc. 03–8729 Filed 4–9–03; 8:45 am] Sutherland Asbill & Brennan LLP, 1275 Account without regard to the other BILLING CODE 8010–01–P Pennsylvania Avenue, NW., income, gains or losses of NLIC. Each Washington, DC 20004–2415. Account is a ‘‘separate account’’ as

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defined by Rule 0–1(e) under the Act, listed on U.S. exchanges or traded in the NLCM believes have investment and is registered with the Commission over-the-counter markets. The qualities comparable to investment as a unit investment trust. Portfolio’s subadviser uses a growth- grade corporate securities. The 4. The Annuity Account is divided oriented strategy. Growth-oriented remainder of the Fund’s assets may be into twenty-eight subaccounts. Each investments involve seeking securities invested in other fixed-income subaccount invests exclusively in a of issuers with above-average recent securities, such as straight or corresponding investment portfolio of earnings growth rates and what the convertible debt securities and straight one of twelve series-type management subadviser views as a reasonable or convertible preferred stocks. The investment companies. The assets of the likelihood of maintaining these rates in Fund will invest no more than 20% of Annuity Account support variable the foreseeable future. The subadviser its total assets in lower quality bonds. annuity contracts, and interests in the focuses on stocks of companies with 11. The investment objective of the Account offered through such contracts growth potential and fixed-income SVPT Balanced Fund is to seek a have been registered under the securities, with emphasis on income- combination of growth of capital and Securities Act of 1933 (the ‘‘1933 Act’’). producing securities that appear to have current income, with relatively low risk 5. The Life Account is divided into some potential for capital appreciation. and relatively low fluctuations in value. eighty-six subaccounts. Each Normally, the Portfolio invests in It will seek this goal by investing in subaccount invests exclusively in shares common stocks and fixed-income common stocks similar to those in the representing an interest in a securities that include commercial SVPT Common Stock Fund. NLCM tries corresponding investment portfolio of paper and bonds rated within the four to select stocks of leading companies one of fourteen series-type management highest rating categories by an that are financially strong and are investment companies. The assets of the established rating agency or if not rated, selling at attractive prices in relation to Life Account support variable life that are determined by the subadviser to their values and in investment grade insurance contracts, and interests in this be of comparable quality. Ordinarily, at bonds similar to those in the SVPT Account offered through such contracts least 25% of the Portfolio’s net assets Bond Fund, with at least 25% of its total have been registered under the 1933 are invested in fixed-income securities. assets in bonds. When determining this Act. 9. Sentinel Variable Products Trust. percentage, convertible bonds and/or 6. Market Street Fund. MSF was SVPT was organized as a business trust preferred stocks will be considered originally incorporated in Maryland on in Delaware on March 14, 2000, and is common stocks, unless these securities March 21, 1985, but reorganized into a currently registered under the Act as an Delaware business trust on January 26, are held primarily for income. NLCM open-end diversified management will divide the Fund’s investments 2001. MSF is registered under the Act investment company. SVPT is a series as an open-end diversified management among stocks and bonds based on investment company as defined by Rule whether it believes stocks or bonds offer investment company. MSF is a series 18f–2 under the Act and currently a better value at the time. investment company as defined by Rule comprises five investment portfolios. It 12. The Contracts are flexible 18f–2 under the Act and currently plans to create two new Funds to comprises eleven investment portfolios. receive the assets of the MSF Balanced premium variable life insurance MSF issues a separate series of shares of Portfolio and MSF Bond Portfolio in the Contracts and individual flexible beneficial interest in connection with substitution. SVPT will issue a separate premium deferred variable annuity each portfolio and has registered these series of shares of beneficial interest in Contracts. The Contracts provide for the shares under the 1933 Act. Gartmore connection with each Fund and will accumulation of values on a variable Mutual Fund Capital Trust register these shares under the 1933 Act. basis, fixed basis, or both, during the (‘‘Gartmore’’), serves as investment NL Capital Management, Inc. (‘‘NLCM’’) accumulation period, and provide adviser to the MSF Balanced and Bond will serve as investment adviser to each settlement or annuity payment options Portfolios, and selects their subadvisers. of the Funds. NLCM is affiliated with on a fixed basis. Under each of the The subadviser to the MSF Balanced NLIC. Contracts, NLIC reserves the right to Portfolio is currently Fred Alger 10. The investment objective of the substitute shares of one Fund or Management, Inc., and the subadviser to SVPT Bond Fund is to seek high current Portfolio for shares of another, including the Bond Portfolio is currently Western income while seeking to control risk, by a fund or portfolio of a different Asset Management Company. investing mainly in investment grade investment company. 7. The investment objective of the bonds. The Fund will invest exclusively 13. Under all of the variable life MSF Bond Portfolio is to seek a high in fixed-income securities. At least 80% insurance Contracts, a Contract owner level of current income consistent with of the Fund’s assets will normally be may make unlimited transfers of prudent investment risk. This Portfolio invested in the following types of accumulated value in a contract year invests in a diversified portfolio of bonds: (1) corporate bonds which at the between and among the subaccounts of fixed-income securities of U.S. and time of purchase are rated within the the Life Account and NLIC’s general foreign issuers. The Portfolio’s four highest rating categories of account. Currently there is no charge for subadviser uses active fixed-income Moody’s, Standard & Poor’s, or any transfers, however, NLIC reserves the management techniques by focusing on other nationally recognized statistical right to assess a $25 charge for each four key areas: (1) Sector and sub-sector rating organization, (2) debt securities transfer in excess of twelve in any allocation, (2) issue selection, (3) issued or guaranteed by the U.S. Contract year. Under the variable duration, and (4) term structure. government, its agencies or annuity Contracts, a Contract owner 8. The investment objective of the instrumentalities, including mortgage- may make unlimited transfers of MSF Balanced Portfolio is to realize as backed securities, (3) debt securities Contract value between and among the high a level of long-term total rate of (payable in U.S. dollars) issued or subaccounts of the Annuity Account return as is consistent with prudent guaranteed by Canadian governmental and NLIC’s general account. Currently investment risk. The MSF Balanced entities, and (4) debt obligations of there is no charge for transfers, however, Portfolio’s equity portion is invested domestic banks or bank holding NLIC reserves the right to assess a $25 primarily in equity securities, such as companies, even though not rated by charge for each transfer in excess of common or preferred stocks, which are Moody’s or Standard & Poor’s, that twelve in any Contract year.

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14. NLIC, on its behalf and on behalf all of the MSF Portfolios of which it had current subadvisers to the MSF of the Accounts, proposes to substitute been the investment adviser. Market Balanced and Bond Portfolios, no role in shares of the SVPT Bond Fund for Street Investment Management the planning for the reorganization now shares of the MSF Bond Portfolio, and Company (‘‘MSIM’’) became the proposed by NLICA, and does not shares of the SVPT Balanced Fund for investment manager to the MSF anticipate that it would have any role in shares of the MSF Balanced Portfolio. Portfolios, and selected subadvisers to future decisions to continue to engage or NLIC believes that by making the manage the assets on a day-to-day basis, to replace such subadvisers. proposed substitutions in each of the including Western Asset Management 20. The majority of the assets in the Accounts, they can better serve the Company for the Bond Portfolio and MSF Bond and Balanced Portfolios interests of owners of the Contracts. Fred Alger Management, Inc., for the belong to owners of variable annuity 15. During 2000, NLIC and the Balanced Portfolio. New investment and variable life insurance contracts Accounts applied for and received an advisory contracts were approved by the issued by NLICA and its affiliates and order approving a number of shareholders, and management fees and only relatively small portions of each substitutions of SVPT Funds for MSF overall expense ratios rose significantly. consist of assets beneficially owned by Portfolios. At the time of that 18. In addition, effective September owners of the Contracts. application, Sentinel Advisors Company 30, 2002, PMLIC was acquired by (‘‘SAC’’) served as the investment Nationwide Financial Services, Inc. Approximate manager and adviser to a number of the (‘‘Nationwide’’), in a sponsored Approximate percent rep- MSF Portfolios, including the Bond and demutualization transaction. PMLIC’s percent represented by Portfolios resented by contracts Balanced Portfolios. SAC is a general name changed to Nationwide Life NLIC issued by partnership which at that time was Insurance Company of America contracts NLICA or its owned and controlled by affiliates of (‘‘NLICA’’) as part of this transaction. affiliates NLIC, Provident Mutual Life Insurance Also, effective October 1, 2002, Company (‘‘PMLIC’’), and The Penn Gartmore, an affiliate of Nationwide MSF Bond ...... 24.5 75.5 Mutual Life Insurance Company (‘‘Penn Financial, replaced MSIM as the MSF MSF Balanced .. 16.1 83.9 Mutual’’). NLIC’s affiliate controls the investment adviser. NLICA, under 21. NLIC believes that many of the managing general partner and is entitled Nationwide’s control, has proposed to a majority of the profits earned by another reorganization of MSF, under owners of the Contracts who invested in SAC. NLIC, PMLIC, and Penn Mutual which the MSF Balanced and Bond the MSF Bond and Balanced Portfolios are not affiliated persons of each other. Portfolios would be acquired by series did so at the time these Portfolios were Effective June 30, 2002, NLCM of the GVIT Trust, another series managed by SAC, and that most would (affiliated with NLIC) purchased all the investment company offering shares to prefer to invest in funds or portfolios stock of PMLIC’s affiliates which owned variable insurance product separate selected by NLIC and over which NLIC PMLIC’s interests in SAC, and as a accounts, for which Gartmore also has some influence. result, NLIC’s affiliates are now entitled serves as investment adviser. 22. Projected expense levels for the to more than 90% of the profits of SAC. Specifically, the MSF Balanced Portfolio SVPT Bond and Balanced Funds are the SAC’s officers and investment personnel would be acquired by the J.P. Morgan same as those currently experienced by are all employees of NLCM, and they are GVIT Balanced Fund, a series of the the MSF Bond and Balanced Portfolios the same officers and investment GVIT Trust, and the MSF Bond Portfolio because each will be capped by NLIC for personnel who provide investment would be acquired by the Gartmore two years at levels equal to the management services to the SVPT GVIT Government Bond Fund. As a percentage expense levels experienced Funds. SAC, like NLCM, is located at result of this proposed reorganization, by its corresponding MSF Portfolio for NLIC’s premises, in Montpelier, the subadviser to the MSF Balanced the 2002 fiscal year. Likewise, the Vermont. Portfolio would be J.P. Morgan management fee rates (including 16. With the substitutions applied for Investment Management, Inc. and breakpoints) of the SVPT Bond and in the previous order, PMLIC and NLIC Gartmore would directly manage the Balanced Funds are the same as that of intended to end their joint use of MSF MSF Bond Portfolio. their corresponding MSF Portfolios. In as an investment vehicle for both 19. NLIC continues to desire to end addition, for those Contract owners who companies’ variable life insurance and the joint use of the remaining MSF were Contract owners on the date of the variable annuity contracts (including Portfolios by separate accounts of both proposed substitutions, NLIC will not the Contracts). NLIC originally intended companies. NLIC continues to believe increase Account or other asset-based to substitute independently managed that the manner of accomplishing this expenses under the Contracts for a funds for the MSF Bond and Balanced separation which would involve the period of 24 months following the date (then Managed) Portfolios, at the time of least confusion and disruption to of the proposed substitutions. the substitutions effected in late 2000. owners of the Contracts would be for it 23. NLIC notes that the equity portion However, the available independently to substitute shares of new SVPT Funds of the SVPT Balanced Fund would be managed funds did not meet the for those of the MSF Bond and Balanced managed in a different style from that conditions that the SEC would impose Portfolios held by the Accounts. This currently employed by the MSF on the substitutions and SVPT did not would avoid the possibility that MSF Balanced Portfolio, utilizing a more have the Bond or Balanced Funds to may propose future changes which value-oriented style similar to that receive the Accounts’ assets in the MSF NLIC and NLICA could not support. employed by Sentinel Balanced Fund, Bond and Balanced Portfolios. NLIC Such a disagreement could create as contrasted with the more growth- chose to proceed with the substitutions unnecessary expense and confusion for oriented style employed by Fred Alger that the SEC would approve at the time owners of both the Contracts and NLICA Management. It expects that the fixed- and the Accounts have continued to contracts, and could result in one or income portion of the SVPT Balanced invest in the MSF Bond and Balanced more material irreconcilable conflicts Fund would be comparable to the fixed- Portfolios. between the interests of Contract owners income portion of the MSF Balanced 17. After the initial substitutions, SAC and owners of other NLICA contracts. Portfolio, as currently managed. stepped down as investment adviser to NLIC had no role in the selection of the However, if the Portfolio is acquired by

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J.P. Morgan GVIT Balanced Fund, the would, like the current MSF Bond addition, unless the growth in the investment style for the equity portion Portfolio, be able to invest in investment number of Contracts or the assets of the Portfolio will change anyway, and grade corporate issuers. supporting them increases at a much furthermore, the fixed-income portion of 25. As the two new SVPT Portfolios greater rate than those of similar the Portfolio would have greater will initially be relatively small in size contracts issued by PMLIC and its flexibility to invest in lower quality debt (the SVPT Bond Fund is expected to affiliates, owners of Contracts have no instruments and emerging market initially have net assets of prospects of ever gaining a position securities. NLIC also notes that it approximately $19 million, and the capable of influencing the future already has available to the Accounts SVPT Balanced Fund is expected to direction of these Portfolios. three equity portfolios managed by Fred initially have net assets of 27. NLIC also notes that it has had no Alger Management, the Alger American approximately $12 million), NLIC does prior business relationship with Growth Portfolio, the Alger American not anticipate earning material profits Nationwide, which now controls NLICA Leveraged AllCap Portfolio, and the from the management of these assets in and the investment advisor to MSF. Alger American Small Capitalization the first few years after the proposed NLIC has never selected a Nationwide- Portfolio. As a result, any Contract substitutions. Rather, its motivation is to controlled entity to provide investment owners who wish to invest a portion of complete the termination of the joint advisory services to its Contract owners, their Contract value using Alger’s equity use of the MSF Portfolios which it and while it has no particular problem investment style would be able to initially sought in 2000, and to regain a participate by allocating assets to one of level of control over its Contract owner with Nationwide, NLIC feels that it these investment choices. assets which it lost as its joint venture should not be forced into a position of 24. NLIC expects that the SVPT Bond with PMLIC ended. offering investment portfolios managed Fund would be similar in investment 26. In light of the significant by Nationwide-affiliated entities simply style and categories of investments to beneficial ownership position of NLICA because Nationwide has acquired the MSF Bond Portfolio as currently (and affiliate) contract owners, Contract PMLIC. operated, and certainly similar to the owners and future NLIC contract owners 28. The following charts show the MSF Bond Portfolio as managed by SAC cannot expect to command a majority approximate year-end size (in net prior to 2001. In contrast, if the voting position in either of the MSF assets), expense ratio (ratio of operating proposed reorganization occurs, the Bond or Balanced Portfolios in the event expenses as a percentage of average net Gartmore GVIT Government Bond Fund that they, as a group, desire that a assets), and annual total returns for each will be limited to investments in U.S. Portfolio move in a direction different of the past three years for each of the government and agency bonds, bills, from that generally desired by owners of Funds and Portfolios involved in the and notes, while the SVPT Bond Fund NLICA (or its affiliates’’) contracts. In proposed substitutions.

Anticipated net Anticipated ex- assets after pense ratio after SVPT bond fund substitution substitution Total return (in millions) (percent)

$19 0.67 N/A

Net assets at MSF bond portfolio year-end Expense ratio Total return (in millions) (percent) (percent)

2000 ...... $39.0 0.52 9.68 2001 ...... 53.4 0.67 7.40 2002 ...... 67.0 0.67 9.09

Anticipated net assets after Anticipated ex- SVPT balanced fund substitution pense ratio after Total return (in millions) substitution

$12 0.79 N/A

Net assets at MSF balanced portfolio year-end Expense ratio Total return (in millions) (percent) (percent)

2000 ...... $71.5 0.57 8.75 2001 ...... 69.0 0.82 (7.02) 2002 ...... 58.4 0.79 (10.26)

29. The following charts show the in the proposed substitutions both Balanced Portfolios are for the last approximate annual management fees, before and after any reimbursement or complete fiscal year, 2002. other expenses and total expenses of fee waivers. The management fees and each of the Funds or Portfolios involved expenses shown for the MSF Bond and

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In percent Revenue Fund Before reim- After reimburse- sharing bursement or fee ment or fee percentage waiver waiver

MSF Bond ...... 0.40 0.40 N/A 0.29 0.27

0.69 0.67

SVPT Bond ...... 0.40 0.40 N/A 0.29 0.27

0.69 0.67

MSF Balanced ...... 0.55 0.55 N/A 0.27 0.24

0.82 0.79

SVPT Balanced ...... 0.55 0.55 N/A 0.32 0.24

0.87 0.79

30. By disclosure added to benefit or in the dollar value of his or Balanced Portfolio subaccount to supplements to the various May 1, 2002 her investment in any of the Accounts. another subaccount, without the transfer prospectuses for the Contracts and the Contract owners will not incur any fees (or exchange) being treated as one of a Accounts, all owners of the Contracts or charges as a result of the proposed limited number of transfers (or have been notified of NLIC’s intention substitutions, nor will their rights or exchanges) permitted without a transfer to take the necessary actions, including NLIC’s obligations under the Contracts charge. Likewise, for at least 30 days seeking the order requested by this be altered in any way. All applicable following the proposed substitutions, application, to substitute shares of the expenses incurred in connection with NLIC will permit Contract owners SVPT Bond and Balanced Funds for the the proposed substitutions, including affected by the substitutions to make MSF Bond and Balanced Portfolios as brokerage commissions, legal, one transfer of Contract value (or described herein. accounting and other fees and expenses, annuity unit exchange) out of the SVPT 31. The additional prospectus will be paid by NLIC. In addition, the Bond Portfolio subaccount to another disclosure (and any subsequent proposed substitutions will not impose subaccount, and out of the SVPT supplements) about the proposed any tax liability on Contract owners. Balanced Portfolio subaccount to substitutions will advise Contract The proposed substitutions will not another subaccount, without the transfer owners that from the date of the cause the Contract fees and charges (or exchange) being treated as one of a supplement until the date of the currently being paid by existing limited number of transfers (or proposed substitution, owners are Contract owners to be greater after the exchanges) permitted without a transfer permitted to make one transfer of all proposed substitutions than before the charge. All Contract owners, even those amounts under a Contract invested in proposed substitutions. who are ‘‘market timers,’’ may avail either of the affected subaccounts to 33. The proposed substitutions will themselves of the ‘‘free’’ transfer another subaccount available under a not, of course, be treated as a transfer of privilege both before and after the Contract other than one of the other Contract value or an exchange of proposed substitutions. affected subaccounts without that annuity units for the purpose of 35. To the extent that the annualized transfer counting as a ‘‘free’’ transfer assessing transfer charges or for expenses of the SVPT Bond and permitted under a Contact. The determining the number of remaining Balanced Portfolios exceeds, for each prospectus disclosure also informs (and ‘‘free’’ transfers or exchanges in a fiscal period (such period being less any subsequent supplements will Contract year. NLIC will not exercise than 90 days) during the twenty-four inform) Contract owners that NLIC will any right it may have under the months following the substitutions, the not exercise any rights reserved under Contracts to impose restrictions on or 2002 net expense level of the MSF Bond any Contract to impose additional charges for Contract value transfers or and Balanced Portfolios, NLIC will, for restrictions on transfers until at least 30 annuity unit exchanges under the each Contract outstanding on the date of days after the proposed substitutions. Contracts for a period of at least 30 days the proposed substitutions, make a The supplements will also advise following the substitutions. One corresponding reduction in separate Contract owners that if the proposed exception to this is that NLIC may account (or subaccount) expenses on the substitutions are carried out, then each impose restrictions on transfers to last day of such fiscal period, such that Contract owner affected by a prevent or limit ‘‘market timing’’ the amount of the SVPT Balanced and substitution will be sent a written notice activities by Contract owners or agents Bond Portfolios’ net expenses, together (described below) informing them of the of Contract owners. with those of the corresponding separate fact and details of the substitutions. 34. NLIC will permit Contract owners account (or subaccount) will, on an 32. The proposed substitutions will to make one transfer of Contract value annualized basis, be no greater than the take place at relative net asset value (or annuity unit exchange) out of the sum of the net expenses of the MSF with no change in the amount of any MSF Bond Portfolio subaccount to Balanced and Bond Portfolios’ and the Contract owner’s account value or death another subaccount, and out of the MSF expenses of the separate account (or

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subaccount) for the 2002 fiscal year. In could benefit itself and Contract owners. 8. In addition, Applicants argue that addition, for twenty-four months The prospectuses for the Contracts and the proposed substitutions are unlike following the substitutions, NLIC will Accounts contain appropriate disclosure the type of substitution which Section not increase asset-based fees or charges of this right. 26(c) was designed to prevent in that by for Contracts outstanding on the day of 4. In the case of the proposed purchasing a Contract, Contract owners the proposed substitutions. substitutions, the MSF Portfolios would select the specific type of insurance 36. In addition to the prospectus be replaced by funds with substantially coverage offered by NLIC under their disclosure (and supplements) similar investment objectives, and Contract as well as numerous other distributed to owners of Contracts, management would return to the rights and privileges set forth in the within five days after the proposed investment management team which Contract. Therefore, Applicants contend substitutions, any Contract owners who managed the MSF Portfolios prior to the that Contract owners may also have were affected by the substitution will be reorganization in late 2000 (in the case considered NLIC’s size, financial sent a written notice informing them of many of the Contract owners, the condition, type and its reputation for that the substitutions were carried out management team that was in place at service in selecting their Contract. These and that they may make one transfer of the time they made the decision to factors will not change as a result of the all accumulation or contract value allocate Contract value to the MSF proposed substitutions. under a Contract invested in any one of Portfolios). The substitutions would also 9. Applicants submit that, for all the the affected subaccounts on the date of prevent Contract owners from being reasons stated above, the proposed the notice to another subaccount affected by any additional substitutions are consistent with the available under their Contract without reorganization of MSF as it adapts to protection of investors and the purposes that transfer counting as one of a limited Nationwide’s acquisition of PMLIC. fairly intended by the policy and number transfers permitted in a 5. In addition to the foregoing, provisions of the Act. Contract year free of charge. The notice Applicants generally submit that the will also reiterate the fact that NLIC will For the Commission, by the Division of proposed substitutions meet the Investment Management, pursuant to not exercise any rights reserved by it standards that the Commission and its delegated authority. under any of the Contracts to impose staff have applied to similar Margaret H. McFarland, additional restrictions on transfers until substitutions that have been approved Deputy Secretary. at least 30 days after the proposed in the past. substitutions. The notice as delivered in [FR Doc. 03–8811 Filed 4–9–03; 8:45 am] 6. Applicants anticipate that Contract certain states also may explain that, BILLING CODE 8010–01–P owners will be at least as well off with under the insurance regulations in those the proposed array of subaccounts states, Contract owners who are affected offered after the proposed substitutions by the substitutions may exchange their SECURITIES AND EXCHANGE as they have been with the array of Contracts for fixed-benefit life insurance COMMISSION subaccounts offered prior to the contracts or annuity contracts, as substitutions. The proposed [Release No. 34–47628; File No. SR–CBOE– applicable, issued by NLIC during the 00–55] substitutions retain for Contract owners 60 days following the proposed the investment flexibility which is a substitutions. Current prospectuses for Self-Regulatory Organizations; Order central feature of the Contracts. If the the new Funds will precede or Approving Proposed Rule Change and proposed substitutions are carried out, accompany the notices. Notice of Filing and Order Granting 37. NLIC also is seeking approval of all Contract owners will be permitted to Accelerated Approval of Amendment the proposed substitutions from any allocate purchase payments and transfer No. 4 Thereto by the Chicago Board state insurance regulators whose accumulated values and contract values Options Exchange, Incorporated to approval may be necessary or between and among the same number of Establish Rules for a Screen-Based appropriate. subaccounts as they could before the Trading System Known as CBOEdirect proposed substitutions. Applicants’ Legal Analysis 7. Applicants argue that each of the April 3, 2003. 1. The proposed substitutions appear proposed substitutions is not the type of On November 9, 2000, the Chicago to involve substitutions of securities substitution which Section 26(c) was Board Options Exchange, Incorporated within the meaning of section 26(c) of designed to prevent. Unlike traditional (‘‘CBOE’’ or ‘‘Exchange’’) filed with the the Act. unit investment trusts where a depositor Securities and Exchange Commission 2. Applicants state that the Contracts could only substitute an investment (‘‘Commission’’), pursuant to section expressly reserve for NLIC the right, security in a manner which 19(b)(1) of the Securities Exchange Act subject to compliance with applicable permanently affected all the investors in of 1934 (‘‘Act’’) 1 and rule 19b–4 law, to substitute shares of one Portfolio the trust, the Contracts provide each thereunder,2 a proposal to establish or Fund held by a subaccount of an Contract owner with the right to rules for a screen-based trading system Account for another. The prospectuses exercise his or her own judgment and known as CBOEdirect. Subsequently, for the Contracts and the Accounts transfer accumulation and contract CBOE submitted three amendments to contain appropriate disclosure of this values into other subaccounts. the proposed rule change.3 On May 8, right. Moreover, the Contracts will offer 3. Applicants state that NLIC reserved Contract owners the opportunity to 1 15 U.S.C. 78s(b)(1). this right of substitution both to protect transfer amounts out of the affected 2 17 CFR 240.19b–4. 3 See letters from Angelo Evangelou, Legal themselves and their Contract owners in subaccounts into any of the remaining Division, CBOE, to Nancy Sanow, Division of situations where either might be harmed subaccounts without cost or other Market Regulation, Commission, dated October 25, or disadvantaged by circumstances disadvantage. The proposed 2001 (‘‘Amendment No. 1’’); April 1, 2002 surrounding the issuer of the shares substitutions, therefore, will not result (‘‘Amendment No. 2’’); and April 18, 2002 (‘‘Amendment No. 3’’). Amendment No. 1 held by one or more of their separate in the type of costly forced redemption superceded the original submission in its entirety accounts and to afford the opportunity which Section 26(c) was designed to and made substantial changes to the proposed rule to replace such shares where to do so prevent. Continued

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2002, the Commission published the trade three classes of index options Committee may widen the legal width amended proposal in the Federal during an early morning session. market for one or more option series for Register.4 The Commission received no CBOEdirect is designed, however, to a period of time not to exceed the comments on the proposal. On March handle a full range of products that remainder of the existing expiration 14, 2003, CBOE submitted a fourth currently trade on CBOE’s floor. cycle. See CBOE rule 44.4(e). If the amendment to the proposal.5 This committee were to modify the legal A. Overview of CBOEdirect notice and order solicits comment on width market, an information circular Amendment No. 4 and approves the Any CBOE member that chooses to would be issued to provide notice of proposal, as amended, on an accelerated participate on the SBT System must such modification. See id. basis.6 apply with the Exchange to act as an The legal width market feature is SBT market maker, SBT broker, or designed to prevent executions from I. Description of the Proposal proprietary trader (collectively, ‘‘SBT occurring at unfair or unreasonable The Exchange proposed rules traders’’).9 An SBT trader may connect prices. For example, a market order for governing CBOEdirect, a screen-based to CBOEdirect from any place in the a particular option series would execute trading system (‘‘SBT System’’) that United States where it has a workstation immediately only if a legal width allows market participants to trade and communication link to the market existed in that series at the options in a wholly electronic Exchange.10 Orders may be submitted moment the order was entered. If a legal environment. CBOEdirect will through the current wire order facility width market in that series did not exist supplement the Exchange’s floor-based (used to send orders to the Exchange’s when the market order was entered, the open outcry auction market. Many of open-outcry auction market), an SBT SBT System would generate a request CBOE’s existing rules also will apply to workstation, or a computer-to-computer for quote (‘‘RFQ’’) 13 14 in an effort to CBOEdirect; CBOE provided a list of link using a new application program establish a legal width market. these rules as Appendix A to the interface (‘‘API’’). Any SBT trader may CBOEdirect would send the RFQ to: proposed rule change.7 CBOE also has submit an order to CBOEdirect; only an (1) SBT market makers who are logged proposed a number of new rules that SBT market maker may enter quotes.11 on to the SBT system and who hold an would govern the SBT System. The SBT System provides SBT traders appointment in the subject option class; The Exchange commenced operating with the means to electronically hit a and (2) any non-appointed SBT market CBOEdirect as a pilot trading system in bid or take an offer, resulting in either maker who is quoting in that class at the October 2001 pursuant to rule 19b–5 a full or partial execution of the existing time of the RFQ. The market makers’ under the Act 8 and currently is used to bid or offer.12 responses (i.e., quotes) would be A concept central to the operation of submitted to the SBT book and text and the accompanying narrative. In CBOEdirect is the ‘‘legal width market.’’ displayed as they arrived. If the Amendment No. 2, CBOE revised the proposed A legal width market would exist in an responses were not sufficient to trade nullification rule for CBOEdirect. In Amendment No. 3, CBOE further modified the option series if the best bid and the best establish a legal width market, the proposed trade nullification rule. ask available on the SBT System were System would continue to hold the 4 See Securities Exchange Act Release No. 45829 within a prescribed width. market order, repeat the RFQ cycle, and (April 25, 2002), 67 FR 31002 (‘‘Notice’’). These widths are as follows: send an alert message to the Help Desk, 5 See letter from Angelo Evangelou, Legal which then could solicit quotes from the Division, CBOE, to Nancy Sanow, Division of Maximum allow- SBT market makers.15 The Help Desk Market Regulation, Commission, dated March 13, Bid range able quote 2003 (‘‘Amendment No. 4’’). For the matters spread would have the authority to send a addressed in Amendment No. 4, see infra section Special RFQ to the SBT market makers III. that would require a response.16 6 In addition, CBOE submitted a letter to the Less than $2.00 ...... $0.25 Division of Market Regulation requesting $2.00–$5.00 ...... 0.40 However, assuming that the RFQ interpretive guidance under section 11(a) of the Act, $5.01–$10.00 ...... 0.50 responses created a legal width market, 15 U.S.C. 78k(a), and rule 11a2–2(T) thereunder, 17 $10.01–$20.00 ...... 0.80 the order being held by the System CFR 240.11a2–2(T). See letter from Angelo $20.01–higher ...... 1.00 would execute in a manner described in Evangelou, Legal Division, CBOE, to Catherine McGuire, Division of Market Regulation, section I.H.1. below. Commission, dated March 28, 2003. In response to A legal width market on CBOEdirect When the SBT System eventually is CBOE’s request, staff of the Division of Market may be established by an unrelated bid so enabled, CBOEdirect would similarly Regulation provided interpretive guidance under and offer. See CBOE rule 44.4(b). The protect a marketable limit order for an section 11(a) of the Act. See letter from Paula R. appropriate Market Performance Jenson, Division of Market Regulation, Commission, options series for which a legal width to Angelo Evangelou, Legal Division, CBOE, dated market did not exist at the time of order March 31, 2003. Rule 19b–5 requires an SRO, within two years of entry by running the RFQ cycle before 7 See notice, supra note 4, 67 FR at 31016–22 commencing operations of the pilot trading system, to file a proposed rule change pursuant to section attempting to execute the limit order. (listing the existing Exchange rules in chapters I Presently, however, a limit order would through XXVII that would apply to CBOEdirect and 19(b)(2) of the Act, 15 U.S.C. 78s(b)(2), to obtain indicating those rules that would be supplemented permanent authority to operate that system. See 17 execute immediately if the limit order by the CBOEdirect rules). In Amendment No. 4, CFR 240.19b–5(f)(1). The proposed rule change that were marketable on the SBT book, even CBOE made several revisions to Appendix A. is the subject of this Order was submitted pursuant to that requirement. if a legal width market did not exist. A 8 17 CFR 240.19b–5. Rule 19b–5 provides that a 9 fuller description of limit order self-regulatory organization (‘‘SRO’’) may operate a See CBOE rule 41.2. pilot trading system without obtaining prior 10 See CBOE rule 41.3. processing is contained in section I.H.2. Commission approval for the rules governing such 11 Other SBT traders would be prohibited from below. system, provided that the SRO files a Form PILOT entering limit orders in the same options series, for CBOE anticipates that, during regular with the Commission and meets the other criteria the account or accounts of the same or related trading hour (‘‘RTH’’) sessions,17 set forth in rule 19b–5. On September 7, 2001, beneficial owners, in such a manner that the order CBOE filed with the Commission a Form PILOT provider or the beneficial owner(s) effectively 13 14 with respect to CBOEdirect. An SRO may would be operating as a market maker by holding See CBOE rule 40.1(m). commence operation of a pilot trading system no itself out as willing to buy and sell option contracts 15 See CBOE rule 43.7(b). sooner than 20 days after filing its Form PILOT. See on a regular or continuous basis. See CBOE rule 16 See id.; CBOE rule 40.1(n). 17 CFR 240.19b–5(e)(1). CBOE commenced 43.6(c). 17 See CBOE rule 40.1(l) (definition of ‘‘regular operation of the SBT System on October 26, 2001. 12 See notice, supra note 4, 67 FR at 31037–38. trading hour session’’).

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multiple SBT market makers would following activities in the course of is at least five contracts; and (4) the SBT continuously quote actively traded maintaining a fair and orderly market: market maker provides a continuous products, while less actively traded • Competing with other SBT market market for 30 seconds, or the quote is products would be quoted through the makers to improve markets in all series filled before the 30-second period RFQ process.18 The Exchange indicated, of options class in which the SBT expires.28 The SBT market maker could however, that when the SBT System is market maker holds an appointment; change its quote during this period but used during an extended trading hour • Making markets which, absent could not cancel it to receive credit for (‘‘ETH’’) session, most products likely changed market conditions, will be the response.29 would be quoted through RFQs.19 honored for the number of contracts On CBOEdirect, a market maker may entered into the SBT System in all series also be a designated primary market B. Market Participants of options classes in which the SBT maker (‘‘DPM’’) or a lead market maker 1. Market Makers market maker holds an appointment; (‘‘LMM’’). The Exchange’s SBT DPM and An SBT market maker is a CBOE Committee may assign an SBT DPM to • Updating market quotations in 30 member who is either an SBT standard a particular option class. Different response to changed market conditions market maker, an SBT designated members could be assigned to be the in all series of options classes in which primary market maker (‘‘DPM’’), or an SBT DPM for the same option class the SBT market maker holds an 31 SBT lead market maker (‘‘LMM’’). An during different trading sessions. If the appointment.22 applicant for registration as an SBT SBT DPM Committee does not appoint market maker must file an application In addition, at least 75% of an SBT an SBT DPM in a given class, the with the Exchange’s Membership market maker’s total contract volume on appropriate Market Performance CBOEdirect must be in options classes Committee could appoint one or more Department; the Exchange’s 23 Membership Committee may approve or in which it holds an appointment. SBT LMMs.32 If more than one SBT Furthermore, SBT market makers are disapprove the applicant’s registration LMM is appointed, they would function required to respond to a certain as an SBT market maker.20 A registered as the SBT LMM on a rotating basis in percentage of RFQs that they receive. SBT market maker may apply for an accordance with a schedule set by the The appropriate Market Performance appointment in one or more classes of appropriate Market Performance Committee has the authority to option contracts traded on CBOEdirect. Committee.33 SBT LMMs would have determine the percentage of RFQs to The appropriate Market Performance responsibilities similar to SBT DPMs.34 which an SBT standard market maker Committee may arrange two or more The obligations of SBT DPMs and would be required to respond, which classes of options into groupings and LMMs are greater than those of SBT percentage may not be less than 75%,24 35 make appointments to those groupings standard market makers. SBT DPMs and may vary the RFQ response rate on rather than to individual classes. The and LMMs are obligated, for example, to a series-by-series basis.25 SBT DPMs and appropriate Market Performance provide opening quotes for all series in LMMs are subject to higher 36 Committee may suspend or terminate their allocated classes. The requirements and must respond to 98% any appointment of an SBT market appropriate Market Performance of the RFQs that they receive.26 An SBT maker or make additional appointments Committee also could require that an market maker would be credited for an whenever, in the Committee’s judgment, SBT DPM or LMM provide continuous RFQ response only if: (1) The SBT the interests of a fair and orderly market quotations in some or all of the series of market maker responds to the RFQ with 37 would best be served by such action.21 its appointed classes. Furthermore, With respect to each class of options a two-sided market within a number of SBT DPMs and LMMs are required to for which it holds an appointment, an seconds designated by the appropriate handle public customer orders that are SBT market maker has a continuous Market Performance Committee; (2) the not executed on the System due to the quote width is equal to or narrower than fact that there is a better quote on obligation to engage, to a reasonable 27 degree under the existing a legal width market; (3) the quote another exchange, and to accord priority circumstances, in dealings for its own size is at least equal to the minimum to such public customer orders over account when there exists or it is size specified by the appropriate Market their own principal transactions (unless reasonably anticipated that there will Performance Committee and in any case the customer who placed the order has exist, a lack of price continuity, a consented to not being accorded such 22 See CBOE rule 44.4(a)(1). In Amendment No. priority).38 temporary disparity between the supply 4, the Exchange clarified SBT market makers’ of and demand for a particular option obligations by incorporating into CBOE rule 2. Brokers contract, or a temporary distortion of the 44.4(a)(1) the provisions of its existing CBOE rule price relationships between option 8.7 (setting forth market makers’ obligations on the An SBT broker is an individual (either contracts of the same class. An SBT Exchange floor), modified to take into account a member or a nominee of a member differences between making markets on a physical organization) who is registered with the market maker is expected to perform the floor and on an electronic platform. 23 See CBOE rule 44.4(a)(2). Exchange for the purpose of accepting 18 See notice, supra note 4, 67 FR at 31038. 24 See CBOE rule 44.4(b). The response rate and executing on CBOEdirect orders 19 In addition, the appropriate SBT Trading would be computed as the number of times the SBT Committee may determine to limit the kinds of market maker made a credited response, divided by 28 See CBOE rule 44.4(b). orders that may be traded during an ETH session, the number of RFQs to which the market maker was 29 See id. even if such order types may be traded during an obligated to respond. See notice, supra note 4, 67 30 See CBOE rule 44.12. FR at 31039. In addition, the appropriate Market RTH session. See CBOE rule 43.2(b). CBOE has 31 See CBOE rule 44.16. represented that it would distribute an information Performance Committee could, depending on the 32 See CBOE rule 44.3, Interpretation .01. circular indicating any committee determination to liquidity in any of the underlying markets during 33 limit the order types that may be traded during an an ETH session, determine not to impose an RFQ See id. ETH session. Telephone conversation between response requirement, or impose an RFQ response 34 See CBOE rule 44.4, Interpretation .01(a). Angelo Evangelou, Legal Division, CBOE, and rate lesser than the one applicable during regular 35 See CBOE rule 41.1(a)(2). Elizabeth King, Division of Market Regulation, trading hours. See CBOE rule 44.4(d). 36 See CBOE rules 44.4, Interpretation .01(a)(2) Commission, on June 21, 2002 (‘‘June 21 25 See CBOE rule 44.4(e). and 44.14(a)(2). conversation’’). 26 See CBOE rules 44.4, Interpretation .01(a)(4) 37 See id. 20 See CBOE rule 44.2(a). and 44.14(a)(4). 38 See CBOE rules 44.14(b)(6) and 44.4, 21 See CBOE rule 44.3(a). 27 See supra note 13. Interpretation .01(a)(6).

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received from members, registered orders would be afforded in the overlay in effect, the market turner broker-dealers, or public customers. As sequence in which they were received would have priority at the highest bid with brokers operating in the by the System.43 or lowest offer that it had established. If Exchange’s open-outcry auction market, • Pro Rata Priority.44 Under this other priority overlays were also in an SBT broker would not be permitted method, resting orders in the SBT book effect, priority would be established in to accept an order from any source other would be prioritized according to price. the sequence designated by the than a member or a registered broker- If there were two or more orders at the appropriate SBT Trading Committee. In dealer, unless he or she were approved best price, trades would be allocated either case, market turner priority at a to transact business with the public in proportionally according to their size.45 given price would remain with the order accordance with CBOE rule 9.1.39 The executable quantity would be once it had been earned. For example, SBT brokers would have the same allocated to the nearest whole number, if the market moved in the same obligations as brokers on the Exchange’s with fractions one-half or greater direction as the marker turner had auction market to use due diligence in rounded up and fractions less than one- moved the market, and then the market the representation of orders for which half rounded down.46 moved back to the market turner’s they act as agent. SBT brokers may use In addition to these allocation original price, the market turner would an SBT workstation or an API to enter, methodologies, the appropriate SBT retain priority at the original price. cancel, cancel/replace, and maintain Trading Committee could determine to 3. Trade Participation Right. SBT orders; hit bids and take offers; submit overlay, on a class-by-class basis and in DPMs and LMMs may be granted a trade RFQs; and enter cross notifications and any order, any or all of the following participation right to trade against up to proposed cross orders. additional market participant priorities 40% of an incoming order,50 even (‘‘priority overlays’’): 47 though the order and/or quote of the 3. Proprietary Traders 1. Public Customer. If this were the SBT DPM or LMM do not have the A proprietary trader is a CBOE only priority overlay in effect, the highest priority. If other priority member who enters orders as principal highest bid and lowest offer would have overlays were also in effect, priority for a non-market-maker proprietary priority, except that a public customer would be established in the sequence account.40 A proprietary trader may use order would have priority over a non- designated by the appropriate SBT an SBT workstation or an API to enter, public customer order at the same price. Trading Committee. All of the following cancel, cancel/replace, and maintain If other priority overlays were also in conditions would apply to the SBT DPM orders; hit bids and take offers; and effect, priority would be established in or LMM trade participation right: • submit RFQs. the sequence designated by the The order and/or quote of the SBT appropriate SBT Trading Committee. In DPM or LMM must be at the best 4. Clearing Firm Brokers either case, if there were two or more price.51 • A clearing firm broker is an public customer orders for the same An SBT DPM or LMM may not be individual who represents the clearing option series at the same price, priority allocated a total quantity greater than firm of a particular SBT market maker would be afforded to these orders in the the quantity than it was quoting at that sequence in which they had been price.52 and has the authority to take certain • actions with respect to that market received by the System, even if the pro If pro rata priority is in effect and maker’s use of the SBT System.41 A rata allocation method were the the SBT DPM’s or LMM’s allocation of clearing firm broker may request the designated allocation method. For an order pursuant to its trade CBOE Help Desk to force the logout of purposes of this provision, a ‘‘public participation right is greater than its an SBT trader when, for example, that customer order’’ is an order for an percentage share of the quotes/orders at trader has financial difficulty. In account in which no CBOE member, the best price at the time that the trade addition, the forced logout of an SBT non-member participant in a joint participation right is granted, the SBT venture with a member, or non-member DPM or LMM may not receive any trader could be necessary if technical 53 difficulties prevented the trader from broker-dealer (including a foreign further allocation of that order. 48 • If the trade participation right logging off on his or her own. broker-dealer) has an interest. 2. Market Turner. The ‘‘market priority overlay and the market turner C. Priority turner’’ is the SBT trader who is the first priority overlay are both in effect and The proposed CBOEdirect rules do to enter an order or quote at a better the SBT DPM or LMM were the market price than the previous best book price, turner, market turner priority would not not prescribe a single allocation 54 methodology. Instead, the rules give the and the order or quote was continuously apply. 49 appropriate SBT Trading Committee in the market until it traded. If market turner priority were the only priority 50 See CBOE rules 43.1(b); 44.4, Interpretation authority to apply various allocation .01(b); and 44.15. However, the participation of an priorities. CBOE has represented that it SBT DPM or LMM in an order may exceed 40%, 43 would issue a regulatory circular See CBOE rule 43.1(a)(1). For examples of how depending on the allocation rules in effect. See id. the price-time allocation method would operate, see Assume, for example, that price-time priority is in specifying the allocation rules that notice, supra note 4, 67 FR at 31027–28. effect. An SBT DPM or LMM could receive up to 42 would govern each option class. 44 In Amendment No. 4, CBOE changed the name 40% of an incoming order due to its trade There would be two basic types of of this allocation methodology from ‘‘combined participation right, then receive an additional trade allocation methodologies: price-time and size priority’’ to ‘‘pro rata priority.’’ portion of the incoming order if it has an order or • 45 See CBOE rule 43.1(a)(2). For examples of how quote on the SBT book that has the highest time Price-Time Priority. Under this this allocation method would operate, see notice, priority at the best price. If pro rata priority were method, resting orders in the SBT book supra note 4, 67 FR at 31028–31. in effect, an SBT DPM or LMM could receive up would be prioritized according to price 46 If there were two SBT traders that were both to 40% of an incoming order due to its trade and time. If two or more orders were at entitled to an additional one-half contract and there participation right, then receive an additional were only one contract remaining to be distributed, portion of the incoming order if its percentage of the best price, priority among these the additional contract would be distributed to the the total volume being quoted at the best price SBT trader whose quote or order had time priority. exceeds 40%. 39 See CBOE rules 41.1(a)(5) and 45.1. See CBOE rule 43.1(a)(2). 51 See CBOE rule 43.1(b)(3)(A). 40 See CBOE rule 41.1(a)(6). 47 See CBOE rule 43.1(b). 52 See CBOE rule 43.1(b)(3)(B). 41 See CBOE rule 45.11. 48 See CBOE rule 43.1(b)(1). 53 See id. 42 See notice, supra note 4, 67 FR at 31026. 49 See CBOE rule 40.1(i). 54 See CBOE rule 43.1(b)(3)(C).

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• If price-time priority were in effect opening quotes.61 The SBT DPM or the System would commence the RFQ and the SBT DPM or LMM had a quote LMM for that option class would be process in an effort to alleviate the and one or more orders at the same required to submit opening quotes.62 conditions that caused the series not to price, any contacts executed as part of open.69 2. Opening the SBT DPM/LMM’s trade participation As the opening price is determined by right would trade with the highest The SBT System would begin the series, the System would change the priority quote/order(s) of the SBT DPM opening procedure at a randomly product state of the series to ‘‘trading’’ or LMM.55 selected time within a number of and disseminate to OPRA and the SBT • The trade participation right may seconds after receiving the underlying participants the opening quote and the not be in effect unless the public security’s opening price.63 For some opening trade price, if any.70 customer priority overlay is in effect in time after the notice of the underlying a priority sequence ahead of the trade security’s opening price is sent, the 3. Trading participation right.56 Thus, public System would calculate and provide the During this state, the series would customer orders at the best price would expected opening price (‘‘EOP’’) based trade freely. All order types and quotes be executed before an SBT DPM or on the current resting orders and quotes would be accepted, except for opening- LMM trades by virtue of any trade during an EOP period.64 The length of only contingency orders.71 participation right. the EOP period would be established by • If other priority overlays are in the appropriate SBT Trading Committee 4. Trading Halts effect and designated as higher priorities and would be no less than five seconds CBOE will use the same criteria to than the SBT DPM or LMM trade and no more than one minute.65 After halt trading on CBOEdirect that they use participation right, the participation the EOP period, the System would enter to halt trading on CBOE’s floor.72 In right would apply only to any remaining a lock interval during which quotes and addition, the SBT System may be balance of an order after all higher orders could be submitted but would programmed (as determined by the priorities were satisfied.57 not be included in the opening trade. appropriate SBT Trading Committee) to The lock interval would be a period of automatically halt trading with respect D. States of Trading time not to exceed four seconds. At this to an equity option if a trading halt has 1. Pre-Opening time, the SBT System would establish been declared for the underlying 73 The pre-opening state would last for the opening price, which would be the security in the primary market. some period of time (as determined by ‘‘market clearing’’ price that would However, when the System is operated the appropriate SBT Committee) before leave bids and offers that could not during an ETH session, there may not be the opening of the underlying trade with each other. a primary market trading the underlying 58 The System would process the series security. In such cases, the appropriate security. During this state, CBOEdirect 66 would accept quotes and orders but no of a class in random order. The series SBT Trading Committee would trading would take place.59 The System of a class may not open all at the same determine in advance whether to have would disseminate information about time. The System would not open a the System automatically halt trading resting orders in the SBT book that series if: (1) There were no legal width with respect to the options if there is no remained from the prior business day market; (2) the opening price were not primary market for the underlying and any orders and quotes sent before within a range determined by the security in the ETH session and if the opening.60 After the primary market appropriate SBT Trading Committee trading in the underlying security has for the underlying security disseminates (e.g., the upper boundary of the been halted in another market trading the opening trade or the opening quote acceptable range may be 125% of the the underlying security during an ETH 74 for the underlying security, the System highest quote offer and the lower session. Whenever trading has been boundary may be 75% of the lowest halted, trading may be resumed would send a notice to SBT market 67 makers with an appointment in that quote bid); or (3) the opening trade whenever two trading officials class who then may submit their would leave a market order determine that a fair and orderly market imbalance.68 If a series does not open, may be maintained.75 55 See CBOE rule 43.1(b)(3)(D). 61 5. Closed 56 See CBOE rule 43.1(b)(3)(E). See CBOE rule 42.3(a). 62 57 See CBOE rule 43.1(b)(3)(F). See id. SBT standard market makers generally CBOEdirect would change the state to would not be required to provide opening quotes, 58 See CBOE rule 42.3(a). CBOE has represented ‘‘closed’’ at a pre-determined time except in the circumstances described in proposed that it would distribute an information circular CBOE rule 42.3(b). depending on the closing time of the indicating the pre-opening period of time that it 63 establishes. June 21 conversation. See CBOE rule 42.3(a). In the case of trading during an ETH session, the System could open the 69 See CBOE rule 42.3(g). The RFQ generated by 59 See CBOE rule 42.2(a). However, spread orders class without having received the underlying the SBT System in this case would include size. and contingency orders (except for opening-only security’s opening price. See id. The RFQs generated by the System in market and orders) would not participate in the opening or in 64 See CBOE rule 42.3(c). limit order processing also would include size. the determination of the opening price. See CBOE October 23 conversation. rule 42.3(a). CBOE has represented that it would 65 See id. CBOE has represented that it would 70 See CBOE rule 42.3(e). distribute an information circular indicating the distribute an information circular indicating the 71 pre-opening period of time that is established by the period that is established by the Committee. June See CBOE rule 42.2(c). Exchange. June 21 conversation. 21 conversation. 72 Specifically, CBOE rules 6.3, 6.3B, or 24.7 will 60 See id. CBOE could determine to disseminate 66 See CBOE rule 42.3(d). apply to trading on CBOEdirect. See Appendix A. this information for free to any SBT trader 67 CBOE has stated that this provision is designed Originally, CBOE proposed that new, different interested in trading the product. Alternately, CBOE to prevent orders that rest on the SBT book between provisions would govern trading halts on the SBT could determine to impose a fee for such sessions from being executed at a price far from the System. In Amendment No. 4, CBOE deleted most information. In the latter case, the fee proposal prevailing quote at the opening of the next session. of these proposed provisions and instead proposed would have to be filed with the Commission Telephone call between Angelo Evangelou, Legal to apply existing CBOE rule 24.7 to trading halts on pursuant to section 19(b) of the Act, 15 U.S.C. Division, CBOE, and Michael Gaw, Division of CBOEdirect. 78s(b). Telephone conversation between Angelo Market Regulation, Commission, on December 9, 73 See CBOE rule 43.4(b). The System would send Evangelou, Legal Division, CBOE, and Nancy 2002. CBOE has represented that it would publicize status alerts to OPRA for a product that is halted. Sanow and Michael Gaw, Division of Market the range set by the committee in an information See notice, supra note 4, 67 FR at 31025. Regulation, Commission, on October 23, 2002 circular. Id. 74 See CBOE rule 43.4(b). (‘‘October 23 conversation’’). 68 See CBOE rule 42.3(f). 75 See id.

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underlying security. Trading would required to review the condition of such ability to disseminate or update market cease but the System would continue to market at least every 30 minutes. quotes in a timely and accurate manner; accept certain order types (such as Regular trading procedures would be • A trading rotation is in progress; or market orders, which would be held by resumed by the Exchange when two • Any of the circumstances set forth the System for participation in the trading officials determined that the in paragraph (c)(3) of rule 11Ac1–1 87 opening of the next SBT session).76 At conditions supporting a non-firm exists. some designated time, as determined by market declaration no longer existed. Within 30 seconds of receipt of an the Exchange, the System would stop The Exchange would provide notice that order to buy or sell an option series in accepting orders and would enter into its quotations were once again firm by an amount greater than the size end-of-session procedures as described removing the indicator from its associated with the responsible broker’s in CBOE rule 42.4.77 quotations. However, if the conditions or dealer’s bid or offer, that portion of 6. Fast Markets and Non-Firm Markets supporting a non-firm market the order equal to the size associated declaration could not be managed with the responsible broker’s or dealer’s A fast market may be declared in one utilizing the prescribed procedures, two bid or offer will be executed, and the or more option classes. A fast market trading officials would halt trading in bid or offer price will be revised.88 may be declared by the System 81 the class or classes so affected. F. Trade Nullification automatically if the System loses an There is a significant difference 78 underlying security feed. A fast between a ‘‘non-firm’’ market and a fast The SBT System rules provide for the market also may be declared by two market: Only in a non-firm market ability to nullify a trade through a trading officials whenever, in their would responsible brokers and dealers negotiated or mandated trade judgment, an influx of orders or other be relieved of their obligations under nullification procedure. conditions or circumstances would the Exchange’s firm quote rule, as 1. Negotiated Trade Nullification impair the operation of a fair and applicable to CBOEdirect,82 and the orderly market. In determining whether Commission’s firm quote rule.83 In a fast A CBOEdirect trade could be nullified to declare a fast market, the trading market that is not also a non-firm if both parties to the transaction agreed officials may consider, among other market, the firm quote obligations to the nullification.89 Negotiation could things, impending news, increases in would continue to apply. be conducted through the SBT System’s trading volume that threaten the messaging facility that would allow a capacity of the System, and the loss of E. Firm Quote Obligations on party to exchange messages with its an underlying security feed.79 Regular CBOEdirect contraparty of a particular trade. The trading conditions may be resumed Each responsible broker or dealer, as System would preserve the anonymity when two trading officials believe that defined in rule 11Ac1–1 under the of the parties, although one party could such action is warranted or, if the Act,84 must communicate to the voluntarily disclose its identity to the System had made the fast market Exchange its bids and offers in other party. When both parties to a trade declaration, if the underlying security accordance with rule 11Ac1–1, and a have agreed to a trade nullification, one feed has been restored.80 bid or offer submitted by a responsible party must contact the Help Desk. The CBOE may designate the market in an broker or dealer must be firm pursuant Help Desk then would confirm the option to be ‘‘non-firm’’ if two trading to rule 11Ac1–1 for the number of agreement and promptly nullify the officials determine that the level of contracts specified in such bid or offer, trade, notify the parties involved, trading activities or the existence of subject to certain exceptions.85 A disseminate cancellation information in unusual market conditions is such that responsible broker or dealer would be prescribed OPRA format, and re- the Exchange is incapable of collecting, relieved of its firm quote obligations establish orders and their priorities in processing, and making available to under rule 11Ac1–1 and Exchange rules the SBT book on a best-efforts basis. quotation vendors the data for the if any of the following conditions 2. Mandated Trade Nullification option in a manner that accurately existed: 86 reflects the current state of the market • The level of trading activities or the An SBT trader may have a trade on CBOEdirect. If a market is declared existence of unusual market conditions nullified by two trading officials if a non-firm, the Exchange would provide is such that the Exchange is incapable documented request is made within five notice that its quotations are not firm by of collecting, processing, and making minutes of execution (or 15 minutes if appending an appropriate indicator to available to quotation vendors the data the request is on behalf of a public such quotations, and two trading for the option in a manner that customer) and one of five following officials would have the authority to accurately reflects the current state of conditions is met: direct that one or more trading rotations the market on the Exchange and, as a • The trade resulted from a verifiable be employed or to take such other result, the market in the option is disruption or malfunction of an actions as are deemed necessary in the declared to be ‘‘non-firm’’ pursuant to Exchange execution, dissemination, or interest of maintaining a fair and orderly CBOE rule 43.14(b); communication system that caused a market. The Exchange would monitor • A system malfunction or other quote/order to trade in excess of its the activity or conditions that caused circumstance impairs the Exchange’s disseminated size (e.g., a quote/order the declaration of a non-firm market, that is frozen, because of an Exchange and two trading officials would be 81 See CBOE rule 43.14(b). system error, and traded repeatedly); 90 82 CBOE rule 43.14(a). 76 See CBOE rule 42.2(e). 83 17 CFR 240.11Ac1–1. 87 17 CFR 240.11Ac1–1(c)(3) 77 See id. CBOE has represented that it would 84 17 CFR 240.11Ac1–1. 88 See CBOE rule 43.14(c)(2). issue an information circular regarding the 85 See CBOE rule 43.14(a). The Commission notes 89 See CBOE rule 43.5(a). designated time that the SBT System would stop that an SBT market maker is permitted to display 90 See CBOE rule 43.5(b)(1). For example, assume accepting orders and enter into end-of-session a single quote and one or more orders at the same that an SBT market maker enters a quote of 4.00– procedures. December 5 conversation. time. All orders and quotes of a responsible broker 4.30, 20x20. Another SBT trader hits the market 78 See CBOE rule 43.4(a)(1). or dealer that are displayed on CBOEdirect will be maker’s bid at 4.00 for the full size of 20 contracts. 79 See CBOE rule 43.4(a)(2). subject to the Commission’s Firm Quote rule. Also assume that the SBT System fails to remove 80 See CBOE rule 43.4(a)(1)–(2). 86 See CBOE rule 43.14(c)(1). the market maker’s bid from the SBT book, even

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• The trade resulted from a verifiable appealed pursuant to chapter 19 of the SBT Trading Committee) of a legal disruption or malfunction of an Exchange’s rules.96 width market; 105 Exchange dissemination or • The System receives a limit order G. How Trades Are Executed on communication system that prevented on the same side of the market as the CBOEdirect an SBT trader from updating or market order that could match the best canceling a quote/order for which the 1. Market Orders bid or offer and at least one legal width quote has been received; 106 or SBT trader is responsible, where there is a. Market Order Processing Exchange documentation providing that • A certain prescribed percentage of the SBT trader sought to update or Non broker-dealer market orders to the SBT market makers currently cancel the quote/order; 91 buy or sell options on CBOEdirect will providing quotes in the class (the • The trade resulted from an not be automatically executed by the percentage to be set by the appropriate erroneous print disseminated by the System at prices inferior to the best bid SBT Trading Committee) respond to the 107 underlying market that is later canceled or offer on another national securities RFQ with legal width markets. or corrected by that underlying market, exchange, as those best prices are If the market order could be executed where the erroneous print resulted in a identified by the System.97 In addition, under any of the three conditions above trade higher or lower than the average the SBT System would protect a market and there is a market order on the trade in the underlying security during order for a given option series by opposite side, the System would executing it against the best bid or offer execute the market orders with each the two-minute time period before and 108 after the erroneous print by an amount only if there were a legal width market other. 98 If none of the three conditions noted at least five times greater than the in that series. The System would above were satisfied but a legal width average quote width for the underlying match market orders against orders at market existed at the end of the RFQ security during the time period the best price in the SBT book and period, the market order would execute encompassing two minutes before and against the other orders behind the best 92 price at varying prices until the order is against the booked order with the after the erroneous print; 109 • fully executed or a legal width market highest priority. However, if the The trade resulted from an System were holding a market order and erroneous quote in the primary market no longer exists.99 CBOE expects that there would be a legal width market for the RFQ process did not yield a legal for the underlying security that has a width market, the Exchange’s Help Desk spread of at least $1.00 and at least five most series at most times—at least during an RTH session—and thus that could solicit quotes and require a times greater than the average quote response from SBT market makers.110 width for the underlying security during most market orders on CBOEdirect the time period encompassing two would execute immediately.100 b. Market Order Price minutes before and after the If there is no legal width market when If a market order is executed before dissemination of such quote; 93 or the order is entered—or if the market the RFQ process is completed under any • The execution price of the trade is order is not executed in full because a of the three conditions set forth above, higher or lower than the theoretical legal width market no longer exists—the it would trade at the price of the highest price for the series by an amount equal System would hold the order (or any priority contraside quote or order in the to at least two times the maximum bid/ remaining portion thereof) in queue, SBT book. However, if a market order 101 ask spread allowed for the option under send an RFQ, and inform the could be executed pursuant to any of proposed CBOE rule 44.4, so long as originator of the market order about the the three conditions and there were one 102 such amount is $0.50 or more (or $0.25 order’s status. In this case, the RFQ or more market orders on the opposite or more for options priced under would include the market order side, the System would execute the $3.00).94 quantity but not whether the order was market orders against each other at a 103 Upon nullification, the Help Desk a buy or a sell. RFQ responses would price determined as follows: 111 104 promptly would notify the parties, be sent to the SBT book. The System • At the middle of the best bid/offer then would execute the market order if: in the SBT book, if the middle price is disseminate cancellation information in • prescribed OPRA format, and re- During the RFQ response time, the a price that may be entered on the establish orders and their respective best quote becomes a certain prescribed System; or • priorities on the SBT book on a best- percentage (as set by the appropriate If the middle price is not a price efforts basis.95 that could be entered on the System, at 96 Any determinations made under the See id. the next such price that is closer to the 97 See CBOE rule 43.7. last trade price for the series. trade nullification rule could be 98 See CBOE rule 43.7(a)(1). 99 See id. 105 See CBOE rule 43.7(a)(3)(A). CBOE has though it has been taken out completely. A second 100 See notice, supra note 4, 67 FR at 31033 n.26. represented that it would issue an information SBT trader sees the ‘‘frozen’’ bid for 20 at 4.00 and 101 The RFQ would be sent to any SBT market circular regarding the designated percentage that also trades against it. In this case, the second trade maker who held an appointment in that option would trigger this provision. December 5 could be nullified under CBOE rule 43.5(b)(1). class and to any non-appointed SBT market maker conversation. The market order would trade with Telephone conversation between Angelo who is quoting in that option class at the time the the best-priced quote or order on the SBT book. Evangelou, Legal Division, CBOE, and Nancy RFQ is sent. See CBOE rule 40.1(m). 106 See CBOE rule 43.7(a)(3)(B). The market order Sanow, Division of Market Regulation, Commission, 102 See CBOE rule 43.7(a)(2). would trade with the best priced quote or order on on February 20, 2003 (‘‘February 20 conversation’’). 103 See CBOE rule 43.7(a)(3). The only instance the SBT book. However, if no legal width market 91 See CBOE rule 43.5(b)(2). that an RFQ would disclose whether the intended existed at the time the limit order were received, 92 See CBOE rule 43.5(b)(3). transaction is a buy or a sell is if the SBT System the incoming limit order would execute ahead of 93 See CBOE rule 43.5(b)(4). generated an RFQ to remedy an order imbalance. the market order. See id.; CBOE rule 43.1(g). 94 See CBOE rule 43.5(b)(5). The theoretical price October 23 conversation. 107 See CBOE rule 43.7(a)(3)(C). of an option would be defined as the last bid/offer 104 See CBOE rule 43.7(a)(3). Also, market orders 108 See CBOE rule 43.7(a)(4). price, just prior to the trade, from the exchange generally have execution priority over limit orders. 109 Telephone conversation between Angelo providing the most volume in the option or, if there However, a limit order may be executed ahead of Evangelou, Legal Division, CBOE, and Michael are no quotes for comparison, the theoretical price the market order if, during the pendency of an RFQ, Gaw, Division of Market Regulation, Commission, would be determined by two trading officials. See an order is entered on the other side of the market on September 25, 2002. id. that satisfies the order’s limit price. See CBOE rule 110 See CBOE rule 43.7(b). 95 See CBOE rule 43.5(b). 43.1(g). 111 See CBOE rule 43.7(a)(4).

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If one or more incoming RFQ for limit orders by allowing a limit order 3. Contingency Orders responses could execute against a to be executed only if there is a legal CBOEdirect currently can handle all- 117 market order as well as any limit orders width market in that series. If a legal or-none, fill-or-kill, immediate-or- that were already on the SBT book at a width market did not exist but the limit cancel, stop, and stop limit orders. The particular price and the incoming order could otherwise execute against System is not yet ready to process responses are of large enough quantity the best bid or offer, the System would opening-only, minimum volume, and to fill all of the older limit orders, all of put the order in queue and send an market-on-close orders,128 although those orders would be filled at the price RFQ.118 The RFQ would include the such orders are contemplated by the of the older limit orders.112 If the order quantity but not whether the order proposed CBOEdirect rules, once the responses could execute against a was a buy or sell. Quote responses System is enabled to handle them.129 market order and one or more older would be exposed in the SBT book as Contingency orders (except for opening- limit orders, but the responses are not they were received. The System would only orders) would not participate in of large enough quantity to fill all of the execute the limit order if: the opening trade or in the older limit orders, the market order • During the RFQ response time, the determination of the opening price.130 would be filled at the minimum price best quote becomes a certain prescribed A contingency order (except for an interval ahead of the older limit percentage (e.g., 75%, as set by the immediate-or-cancel order or a stop orders.113 appropriate SBT Trading Committee 119 limit order the stop price of which has 120 c. Market Orders During Trading Halts of a legal width market; been hit) would be placed last in • The System receives a market or priority order, regardless of when it was If trading were halted in a series while 131 limit order (independent of the RFQ entered into the SBT System. If a market order for an option in that responses) on the opposite side that customer priority were afforded to a series were on hold waiting for RFQ would match the original limit order, particular option class, a public responses, CBOEdirect would operate as and a legal width market exists; 121 customer contingency order would have follows: priority over a non-public-customer • A certain prescribed percentage of • If the market order were a good-’til- contingency order but would be behind the SBT market makers that currently canceled order, the System would hold all other orders.132 and execute it at the next opening are receiving RFQs (the percentage to be (whether on the same day or the next set by the appropriate SBT Trading 4. Spread Orders 122 day). Committee ) respond to the RFQ, or Once the SBT System has been so • If the market order were a day when the RFQ period expires and there enabled and the Commission has 123 order, the System would execute it at re- is at least one quote response. approved the necessary rules, SBT opening if trading resumed on the same If a limit order for a certain series traders would have the ability to enter day. were queued, subsequent limit orders spread orders, the legs of which are • If trading did not resume on the for the same series and side would be options of the same underlying same day, the System would purge the queued behind the first order to ensure security.133 However, spread orders may market order as part of the end-of-day that they were processed in time not be entered on the System at this procedures.114 sequence.124 Subsequent market orders time. for the same series and side also would H. Facilitation and Solicitation of 2. Limit Order Processing be queued.125 If a legal width market Orders by SBT Brokers Non-broker-dealer marketable limit remained upon completion of the limit orders to buy or sell options on order processing, the market order On the SBT System, an SBT broker CBOEdirect will not be automatically would be executed against orders would not be permitted to execute as executed by the System at prices resting in the SBT book.126 If a legal principal an order that it represents as inferior to the best bid or offer on width market did not exist, market order agent unless the agency order were first another national securities exchange, as processing would begin in accordance exposed on the System for at least 30 those best prices are identified in the with market order processing rules, seconds, or the broker utilizes the System.115 Broker-dealer limit orders, discussed above.127 applicable crossing procedure described non-broker-dealer limit orders that are below.134 In addition, an SBT broker not marketable, and limit orders in 117 See CBOE rule 43.8A(a). would be required to expose on the options that are not traded on another 118 See CBOE rule 43.8A(b). The SBT trader that System an order that it represented as national securities exchange will be submitted the limit order could override the RFQ agent for at least 30 seconds before such processed as follows. and enter the limit order into the SBT book. See id. order could be executed in whole or in 119 CBOE has represented that it would announce part by orders solicited from members As presently configured, CBOEdirect the percentage set by the committee in an will process limit orders by matching information circular. December 5 conversation. or non-member broker-dealers to 135 them against the best prices available in 120 See CBOE rule 43.8A(d)(1). The original limit transact with such order. Described the SBT book under the priority rules order then would trade with the best priced quote below are an interim crossing procedure or order on the SBT book. See id. and a permanent crossing procedure, set forth in CBOE rule 43.1. If no booked 121 order matched the incoming limit order, See CBOE rule 43.8A(d)(2). The original limit which would replace the interim order then would trade with the incoming market procedure at some time in the future.136 the limit order would be held in the or limit order. See id. SBT book and could trade against later- 122 CBOE has represented that it would announce 128 116 the prescribed percentage that would trigger this See Amendment No. 4. submitted orders. 129 In the future, CBOEdirect will be provision in an information circular. December 5 See CBOE rule 43.9. conversation. 130 See CBOE rule 42.3(a). enabled to provide additional protection 123 See CBOE rule 43.8A(d)(3). The original order 131 See CBOE rules 43.1(c) and 43.9. then would trade with the best priced quote or 132 See CBOE rule 43.1(c). 112 See CBOE rule 43.7(a)(3)(B)(ii)(aa). order on the SBT book. See id. 133 See CBOE rule 43.6(a). 113 See CBOE rule 43.7(a)(3)(B)(ii)(bb). 124 See CBOE rule 43.8A(e). 134 See CBOE rule 43.12(a). 114 See CBOE rule 43.7(d). 125 See id. 135 See CBOE rule 43.12(b). 115 See CBOE rule 43.8. 126 See id. 136 See CBOE rules 43.12A and 43.12B. CBOE rule 116 See id. 127 See id. 43.12C(a) provides that it would be a violation of

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1. Interim Crossing Procedure would enter the terms of the proposed highest priority order at the market, it 146 Under CBOEdirect’s interim crossing cross transaction. The required terms would remain in the SBT book. procedure, an SBT broker that wishes to would include the terms of the original order and the proposed facilitation 3. Interpretation Relating to Crossing cross two original orders of at least 50 Procedure contracts or to facilitate an original order (or two original orders), a order of at least 50 contracts must first proposed crossing price, the quantity of The availability of the crossing send an RFQ with the size of the orders the original order that the SBT broker mechanism would not alter a member’s 137 would be willing to facilitate (in the to be crossed. The RFQ response best execution duty to obtain the best case of a facilitation cross), and a period will be established by the SBT price for its customer. Moreover, CBOE designation of which order (in the case Trading Committee and will not be less proposes to make it explicit in its rules 138 of a cross of two customer orders) is to than ten seconds. that it would be a violation of an Within a time period after the RFQ be exposed to the market after the SBT Exchange member’s duty of best response period has expired (such time broker received the guaranteed crossing execution to its customer if it were to period to be established by the SBT percentage.147 The customer order Trading Committee and not to exceed would be the exposed order in a cancel or withhold a customer order to ten seconds 139, the SBT broker must facilitation cross.148 avoid execution of the order a better 153 expose one of the orders to the SBT At the time the cross transaction is price. Accordingly, if a member were book.140 If the exposed order is not entered or the System: to cancel or withhold a customer order completely taken out by other SBT • A legal width market would have to when there was a superior price traders by the end of the exposure exist for the particular series to be available on the System, and period, the SBT broker could enter the crossed; and subsequently enter the order at an opposite order to cross the balance of • The proposed cross price would inferior price after the better price were the exposed order.141 have to be between the best bid and no longer available without attempting offer displayed by the System.149 to obtain that better price for its 2. Permanent Crossing Mechanism After accepting the cross transaction, customer, there would be a presumption In the future, CBOEdirect will provide the System would immediately cross that the member did so to avoid for a participation right for SBT brokers 40% of the two orders. The System execution of the customer order in who wish to cross orders. As with the would expose in the SBT book the whole or in part at the better price.154 interim procedure, an SBT broker first contracts remaining in the designated would have to submit an RFQ for a size order for a period of ten seconds. The I. Additional System Functionality equal to the quantity to be crossed.142 order’s price and the remaining quantity 1. Entry and Maintenance of Orders and The SBT market makers receiving the would be disclosed but there would be Quotes RFQ would have a response period for no indication that the order was part of a length of time (such time period to be an impending cross. The System would All SBT traders, including SBT established by the SBT Trading place the opposite order on hold as a market makers, may enter orders into Committee, but no less than ten shadow order that would not be visible the System for any option class. seconds 143 to enter orders or quotes that 150 except to the submitter. As long as However, only SBT market makers may matched or improved upon the existing the exposed order is the highest priority enter quotes. An SBT market maker may quotations on the System.144 Within a order at the best price, other SBT traders have only a single quote for any time period after the RFQ response could trade against it during the ten- particular option series but may enter period expires (such time period to be second exposure period.151 established by the SBT Trading If, at the end of the ten-second multiple orders in the same series, Committee and which may be no longer exposure period the order has not yet regardless of whether it has a quote in than 20 seconds 145), the SBT broker been fully traded, and the exposed order that series displayed on the System. is at the best price and has the highest However, the SBT System would CBOE rules 43.12, 43.12A, and 43.12B for an SBT priority, the System would execute the distinguish between an SBT market broker to be a party to any arrangement designed remainder of the order against the maker’s quotes and orders and credit to circumvent CBOE rule 43.12A or rule 43.12B by 152 only the quotes towards the market providing an opportunity for a customer, member, shadow order. If, however, the 155 or non-member broker-dealer to execute against exposed order is not the highest priority maker’s quoting obligations. agency orders handled by the SBT broker order at the market, the System An SBT market maker may enter a immediately upon their entry into the System. automatically would cancel the 137 See CBOE rule 43.12B(a). quote in one of two ways: manually or remainder of the exposed order and the 156 138 See id. CBOE has represented that it would through an autoquote facility. Unlike announce the length of the response period set by shadow order and send the SBT broker in the open-outcry system, the Exchange the committee in an information circular. December a message that the crossing transaction will not provide an autoquote facility to 5 conversation. is completed. If the exposed order has 139 CBOE has represented that it would announce SBT market makers. However, SBT a quantity remaining after the crossing market makers may use their proprietary the length of the exposure period set by the transaction is completed and is the committee in an information circular. December 5 autoquote systems to submit quotes conversation. through the API. 140 See proposed CBOE rule 43.12B(b). 146 See CBOE rule 43.12A(a)(3). 141 See CBOE rule 43.12B(c). 147 See id. 142 See CBOE rule 43.12A(a)(1). 148 See id. 153 See CBOE rule 43.12A, Interpretation .01. 143 CBOE has represented that it would issue an 149 See CBOE rule 43.12A(a)(4). An SBT DPM or 154 See id. information circular to publicize the time period LMM would not be entitled to receive its 155 However, an SBT market maker would receive established by the appropriate SBT Trading participation right because a crossing transaction credit for an RFQ response only by submitting a Committee. June 21 conversation. would occur at a price between the best bid and quote and not two unrelated orders. Telephone 144 See CBOE rule 43.12A(a)(2). offer previously established. See CBOE rule conversation between Angelo Evangelou, Legal 145 CBOE has represented that it would issue an 44.15(b). Division, CBOE, and Nancy Sanow and Michael information circular to publicize the time period 150 See CBOE rule 43.12A(a)(5). Gaw, Division of Market Regulation, Commission, established by the appropriate SBT Trading 151 See CBOE rule 43.12A(a)(6). on September 30, 2002. Committee. June 21 conversation. 152 See CBOE rule 43.12A(a)(7). 156 See notice, supra note 4, 67 FR at 31039.

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Depending on how a quote or order is equal to the original size executed 5. Managing Message Traffic modified, the quote or order could against the market maker’s original bid The Exchange may set limits on the change priority position as follows: 157 or offer would take priority over all • quote traffic that is sent to the SBT If the price is changed, the changed other interest at the regenerated price, System to prevent the System from side would lose priority position and with respect to the balance of the becoming overloaded. However, CBOE would be placed behind all orders of the incoming order, except in one has noted that, to the extent that the same type at the same price. circumstance. That circumstance would Exchange allows for varying quote • If quantity of one side is changed, be if public customer priority was the unchanged side would retain its traffic limits by SBT traders, such limits applicable to that option class and there shall be objectively determined and priority position. were a public customer order at the • submitted to the Commission for If the quantity of one side is same price as the regenerated bid or decreased, that side would retain its approval pursuant to section 19(b) of the offer. The portion of a regenerated quote Exchange Act.165 priority position. that is not executed would be placed in • If the quantity of one side is In addition, the Exchange may limit a priority position consistent with the the number of SBT market makers that increased, that side would lose its time that the quote was regenerated.162 priority position and would be placed may access the SBT System through an In Amendment No. 4, CBOE provided API (or the number of messages sent by behind all orders of the same type at the the following example to demonstrate same price. market makers accessing the System the operation of the quote regeneration through an API) to protect the integrity 2. Time in Force of Orders/Quotes function: of the System.166 Furthermore, the The appropriate SBT Trading Assume that price-time priority is in effect, Exchange may impose restrictions on Committee would have the authority to with the public customer priority overlaid. the use of a computer connected determine which order types may be The System receives a market order to sell 50 through an API if it believed that such contracts (‘‘Incoming Order’’). The best bid is accepted at the various product states MM A’s $3 bid for 20 contracts. The restrictions were necessary to ensure the 158 167 and session states. Once the System Incoming Order exhausts the $3 bid. The proper performance of the System. is so enabled, customers would be able next best bid is $2.90 for 100 contracts CBOE has represented that these to specify that their day orders or good- consisting of MM B for 70 contracts, limitations would be solely for the ’til-canceled orders are to be transferred Customer A for 5 contracts, and MM A’s purpose of protecting the integrity of the between one CBOE trading session and regenerated quote for 25 contracts (its pre- System and would not be used in a the next, and they could determine to determined regeneration size). The remaining discriminatory or arbitrary fashion.168 have their orders represented only 30 contracts of the Incoming Order would be CBOE has represented that it does not filled as follows: 5 to the Customer, 20 to MM during ETH sessions, only during RTH A, and 5 to MM B. After the Incoming Order intend to allocate bandwidth to each sessions, or carry over from one session is filled, the best bid would be 2.90 for 70 SBT trader, and that the System would to the next.159 contracts with the following priority: MM B not programmatically limit the number for 65 contracts and MM A for 5 contracts. of messages that an SBT trader may 3. Automatic Quote Regeneration send.169 To minimize the potential of a CBOEdirect eventually will allow an 4. Quote Risk Monitor Function particular SBT trader to burden the SBT market maker to regenerate its CBOE indicated that SBT market System unnecessarily, CBOE has stated quote where the bid or offer to be makers are exposed to certain risks not that it wishes to be able to: (1) specify regenerated is a defined number of ticks present in an open-outcry trading the number of quotes over a certain time worse than the bid or offer that had been environment: an SBT market maker period that may be sent free by an SBT hit.160 The market maker would pre-set could have a large number of its quotes trader, or (2) impose a fee per message the System with the number of ticks hit by a set of incoming orders within for sending a number that is clearly worse by which its quote would above the free number and for 161 a few seconds. Thus, the SBT market regenerate. producing a ratio of quotes to trades If an SBT market maker has the maker could find itself taking on a large position before it had an opportunity to over a certain time period that is higher System regenerate its quote and the than what would be considered a regenerated quote could immediately assess this position and possibly change 163 reasonable ratio.170 execute against the same incoming order its quotes. CBOEdirect’s quote risk that traded against the original quote, monitor feature is intended to permit an J. Intermarket Price Protection that portion of the regenerated quote SBT market maker to manage its risk by automatically deleting the market Non-broker-dealer market and maker’s quotes in a class when the marketable limit orders would not be 157 See CBOE rule 43.1(f). automatically executed on CBOEdirect 158 See CBOE rule 43.3(a). At the discretion of the System determines that trades against appropriate SBT Trading Committee, and once the the market maker’s quotes have reached at prices inferior to the best bid or offer System is so enabled, any of the following order a defined number of contracts within a on another national securities exchange, types may be accommodated on CBOEdirect: defined period of time. An SBT market as those best prices are identified in the market orders, limit orders, cancel orders, cancel System.171 If there is a better quote on replace orders, day orders, good-for-session orders, maker may configure the System to set good-’til-canceled orders, and contingency orders. these limits with respect to its own 165 See CBOE rule 43.2(a). See also supra notes 128 to quotes. In determining whether to delete See CBOE rule 44.5(d). 166 See CBOE rule 44.6. 129 and accompanying text. CBOE has represented quotes pursuant to this feature, the that it would issue an information circular 167 See id. regarding the types of orders that will be System would consider only trades 168 See notice, supra note 4, 67 FR at 31040–41. accommodated on CBOEdirect. February 20 against the SBT market maker’s resting 169 See notice, supra note 4, 67 FR at 31040. conversation. quotes, not trades that the SBT market 170 See id. Any proposal to charge such a fee 159 See CBOE rule 43.3(b). maker itself initiates by hitting a bid or would have filed with the Commission pursuant to 160 See CBOE rule 44.5(b). The Exchange would taking an offer.164 section 19(b) of the Act, 15 U.S.C. 78s(b). See infra determine the number of ticks below the original note to and accompanying text. price at which the quote may be regenerated and 171 See CBOE rules 43.7 and 43.8. The System publicize this determination in an information 162 See CBOE rule 43.1(e). would have access to the OPRA quote stream and circular. December 5 conversation. 163 See Notice, supra note 4, 67 FR at 31040. be programmed not to automatically execute a trade 161 See id. 164 See CBOE rule 44.5(c). in an options series if the System identifies a better

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another exchange, the SBT DPM or approved by the Commission.178 to clarify that such orders must be filled LMM would be required to handle the Changes in best quote and size due to immediately upon receipt or canceled; order manually.172 CBOE represented its all-or-none or fill-or-kill contingency • Clarified the definitions of ‘‘RFQ’’ view that the SBT DPM or SBT LMM orders would not result in a message to and ‘‘Special RFQ’’ and explained why handling public customer orders under OPRA to update the CBOEdirect RFQs would be sent only to SBT market these circumstances would be acting as quote.179 makers; agent for such orders.173 Accordingly, • Added a provision that SBT DPMs the SBT DPM or LMM would be 4. Last Sale Information and LMMs will not receive any trade required to accord priority to such CBOEdirect would internally participation right until public public customer order over its own disseminate last sale information— customers’ orders at the best price have orders as principal, unless the customer including series, price, and size—to been executed, and clarified that an SBT who placed the order has consented to subscribers that have indicated interest DPM’s or LMM’s trade participation not being accorded such priority.174 in a given class.180 All SBT market right will apply only to the portion of Finally, to comply with its obligations makers assigned to a given class would an order remaining after all higher under the Options Linkage Plan, CBOE be provided this information, but other priorities are satisfied; rules 6.80 through 6.85 175 would apply individuals and firms could subscribe to • Substantially revised the trade to trading on the SBT System. this information as well.181 CBOEdirect nullification procedures to include specific objective criteria as to when a K. Trade Reporting and Data also would disseminate last sale information externally to OPRA and/or trade may be broken; Dissemination • another distribution network to the Specified that non-broker dealer 1. Executed Orders extent permitted by agreement or by market orders and marketable limit The System would send executed rule. orders will not be automatically executed at prices inferior to the best orders to the Exchange’s Trade Match 5. Booked Order Dissemination System as matched trades. The System bid or offer on another exchange, as would send fill reports for executed When an SBT trader requests those best prices are identified in the System; orders to the SBT workstations for information for an option class, the • display to SBT traders.176 System would provide the information Added provisions requiring SBT that presents the SBT book’s best bids brokers to expose orders that they 2. Internal Dissemination of Quote and and asks and the aggregate size for each represent as agent for at least 30 seconds Best Bid/Offer series of the class requested.182 CBOE or, if appropriate, to use the crossing Any subscriber to CBOEdirect would mechanism; could add or delete categories of • be able to view the System’s best bid disseminated information as it deemed Revised the crossing procedures to and offer for any options series traded appropriate.183 Although CBOE believes require orders to be for at least 50 on the System.177 The System would that such information generally would contracts to be eligible for the crossing send quote/order information—i.e., be available, it may determine not to mechanism, to establish minimum time series, price, and size—to the SBT provide such information if the System periods for which such proposed workstations that are trading a given were nearing its message capacity and crosses must be exposed, and to specify class. degradation of the System could result. that cross transactions may be effected only in increments equal to or greater 3. Dissemination of Quotes to OPRA CBOE may charge fees for such information; different fees may be than the Exchange’s minimum quoting The series and price of an option charged to different categories of SBT increments; • Added an interpretation regarding a would be disseminated for each quote; traders.184 the size of the quote also would be member’s duty of best execution, disseminated. Every change to II. Amendment No. 4 prohibited circumvention of the rules CBOEdirect’s best bid or ask would on crossing orders, and represented that The foregoing discussion incorporated generate a quote report to OPRA and/or CBOE will surveil for violations of the revisions proposed in Amendment No. some other network that has been crossing rules; 4 to the proposed rule change. • Added a rule relating to responsible Specifically, in Amendment No. 4, price for that series in another market that brokers’ and dealers’ firm quotation participates in the OPRA plan. Telephone CBOE: • obligations in CBOEdirect and conversation between Angelo Evangelou, CBOE, Revised the definitions of ‘‘fill-or- eliminated the application of CBOE rule and Michael Gaw, Division of Market Regulation, kill’’ and ‘‘immediate-or-cancel’’ orders Commission, on August 16, 2002. Current CBOE 8.51, the firm quote requirements of rules would not permit another exchange’s quotes trading crowds on the floor, to SBT to be excluded from the best prices identified by the 178 The Commission notes that the OPRA plan market makers; System. Telephone conversation between Angelo does not presently permit an options exchange to • Revised the obligations of SBT Evangelou, Legal Division, CBOE, and Elizabeth disseminate quotes to another network without also King, Division of Market Regulation, Commission, disseminating such quotes to OPRA. standard market makers and SBT DPMs on February 21, 2003. 179 See notice, supra note 4, 67 FR at 31041. and LMMs, including adding 172 See CBOE rules 44.4, Interpretation .01(a)(6) 180 See CBOE rule 46.1(b). requirements relating to RFQ response and 44.14(b)(6). 181 See id. rates; 173 See Amendment No. 4. The Commission notes 182 See CBOE rule 46.1(c). • Eliminated the special rules relating that the Exchange committed to file in the near 183 See id. For example, CBOE could determine to future a proposed rule change under section 19(b) to the processing of spread orders; provide book depth to a certain number of levels, • Deleted a rule relating to the of the Act to expressly state that the SBT DPM and but later determine to reduce the number of levels LMM act as agent when handling customer orders provided as circumstances warranted. Telephone Exchange’s position that information manually. conversation between Angelo Evangelou and Andy sent over the SBT System is the 174 See id. Lowenthal, CBOE, and Nancy Sanow and Michael Exchange’s proprietary information; 175 See Securities Exchange Act Release No. Gaw, Division of Market Regulation, Commission, • Represented that CBOE rule 4.18 47294 (January 31, 2003), 68 FR 6527 (February 7, on November 7, 2002. 2003) (approving SR-CBOE–2002–61). 184 Any proposal to charge such a fee would have requires SBT market makers to maintain 176 See notice, supra note 4, 67 FR at 31026. to filed with the Commission pursuant to section information barriers with any affiliates 177 See CBOE rule 46.1(a). 19(b) of the Act, 15 U.S.C. 78s(b). that may act as a specialist or market

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maker in any security underlying the classes for which they serve as DPM. By been satisfied, provided that the DPM or options for this the CBOE member acts contrast, the CBOEdirect rules do not LMM has a quote or order at the best as an SBT market maker; require SBT DPMs and LMMs to make price. The Commission continues to • Represented that CBOE believes continuous markets.187 Therefore, it is believe that it is consistent with the Act that, when an SBT DPM or LMM is possible that, at a particular point in to guarantee a DPM or LMM the right to required to handle customer orders time, CBOE will not have a trade ahead of other market makers, under rules 44.14(b)(6) or 44.4.01(a)(6), disseminated market for a particular even when the DPM or LMM has not the DPM or LMM is acting as an agent option. Instead, the current market for a otherwise established priority. These with respect to those public customer particular product may be available only guarantees are intended to provide an orders; through the RFQ process. The incentive for market makers to assume • Explained the priority accorded to Commission believes that CBOEdirect’s the extra responsibilities assigned to regenerated quotes; DPMs and LMMs, such as the obligation • reliance on RFQs as a means of price Clarified that trading officials will discovery when the orders and quotes to provide opening quotes in assigned use the same criteria to halt trading on on the SBT book are not sufficient to classes, to respond to a greater the SBT System as is used for CBOE’s satisfy trading demand is consistent percentage of RFQs than SBT standard trading floor; market makers, and to handle public • with the Act. Revised Appendix A, which sets CBOE’s rules require SBT market customer orders when there is a better forth the existing CBOE rules that also makers to fulfill certain requirements as price on another market. will apply to CBOEdirect, by including, market makers. Specifically, SBT market The Commission recognizes that a among others, CBOE rule 3.22, makers, among other things, are large guaranteed participation right will Temporary Access; CBOE rule 4.19, required to have at least 75% of their erode the incentive of other market Prohibition Against Harassment, and the total contract volume on the SBT makers to make competitive markets. rules in section E to chapter VI, System in options classes to which they Thus, the Commission must weigh Intermarket Linkage; and are appointed. In addition, SBT whether a proposed participation right • Made other minor, technical standard market makers are required to adequately balances the aim of changes to the proposed CBOEdirect respond to at least 75% of the RFQs that rewarding the specialist or primary rules and to certain existing CBOE rules they receive, and SBT DPMs and LMMs market maker with the aim of leaving a to accommodate the establishment of are required to respond to at least 98% sizeable enough portion of the incoming the SBT System. of the RFQs that they receive. Moreover, order for the other market makers III. Discussion RFQ responses must meet certain quoting at the same price.190 The Commission has previously taken the The Commission finds that the parameters for them to count toward the position that a trade participation right proposed rule change, as amended, is SBT market maker’s quote response 188 that does not exceed 40%, including consistent with the Act and the rules obligations. any guaranteed percentage of the trade and regulations thereunder applicable to Market makers receive certain benefits 185 for carrying out their duties. For to be accorded to any other trade a national securities exchange. In participant, is not inconsistent with the particular, the Commission finds that example, a lender may extend credit to a broker-dealer without regard to the Act.191 the proposal is consistent with section Finally, CBOE proposed that public 186 restrictions in Regulation T if the credit 6(b)(5) of the Act, which requires, customer orders at the best price be among other things, that the rules of an is to be used to finance the broker- dealer’s activities as a specialist or filled before an SBT DPM or LMM exchange be designed to promote just receives its trade participation right.192 and equitable principles of trade; to market maker on a national securities exchange.189 The Commission believes Although, as discussed below, the facilitate transactions in securities; to Commission does not believe that remove impediments to and perfect the that an SBT market maker must have an affirmative obligation to hold itself out customers who may electronically mechanisms of a free and open market generate orders must be accorded and a national market system; and, in as willing to buy and sell options for its own account on a regular or continuous priority over market makers who are not general, to protect investors and the acting as agent with respect to these public interest. Although the basis to justify this favorable treatment. In this regard, the Commission believes customers, the Commission does believe Commission did not receive any it is appropriate for customer orders to that CBOE’s rules impose such comments on the proposed rule change, have priority over a specialist’s trade affirmative obligations on SBT market it believes that several aspects of the participation right. proposed rules governing CBOEdirect makers. C. Priority and Trade Allocation merit greater discussion. B. Trade Participation Right for SBT Methodology A. RFQs and Market Maker Quoting DPMs and LMMs The Commission considers each of Obligations The CBOEdirect rules allow the the priority and trade allocation rules For each options series traded on Exchange to award SBT DPMs and LMMs a participation right of up to 40% CBOE’s floor today, a single quotation is 190 See Securities Exchange Act Release No. disseminated that reflects the aggregate of the portion of an order remaining 43100 (July 31, 2000), 65 FR 48778, 48787–90 trading interest of one or more after orders and quotes of other market (August 9, 2000) (‘‘Phlx 80/20 Proposal’’) participants with higher priority have (Commission requested comment on whether the customers and/or crowd participants, proposal by the Philadelphia Stock Exchange to including the DPM and market makers. establish an 80% specialist guarantee would be DPMs generally are required to make 187 See CBOE rules 44.4, Interpretation .01(a)(4) consistent with the Act). and 44.14(a)(4). The appropriate Market 191 continuous markets in the option See, e.g., Securities Exchange Act Release No. Performance Committee may, but is not required to, 45936 (May 15, 2002), 67 FR 36279, 26280 (May 23, require an SBT DPM or LMM to provide continuous 2002); Securities Exchange Act Release No. 42835 185 In approving the proposed rule change, the quotes in some or all of its appointed option series. (May 26, 2000), 65 FR 35683, 35685–66 (June 5, Commission notes that it has considered the See id. 2000); Securities Exchange Act Release No. 42455 proposed rule’s impact on efficiency, competition, 188 See supra notes 27 to 29 and accompanying (February 24, 2000), 65 FR 11388, 11398 (March 2, and capital formation. See 15 U.S.C. 78c(f). text. 2000); Phlx 80/20 Proposal, 67 FR at 48787–88. 186 15 U.S.C. 78f(b)(5). 189 See 12 CFR 221.5(c)(6). 192 See CBOE rule 43.1(b)(3)(E).

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(i.e., price-time priority or pro rata 6.80 through 6.85 will apply to the SBT initiate the process by submitting an priority) proposed for CBOEdirect to be System.197 It appears that these RFQ with size to SBT market makers consistent with the Act. In addition, the provisions satisfy CBOE’s obligations who are registered in that class. Both the Commission believes that each of the under the Options Linkage Plan. interim and regular crossing procedures priority overlays (i.e., public customer, set forth minimum time periods that marker turner, and SBT DPM and LMM E. Internalization and Crossing these SBT market makers are given to trade participation right) is consistent Transactions respond to the RFQ. The RFQ will be with the Act. In making its As the Commission has noted,198 with anonymous; no SBT trader will be able determination that these priority rules multiple trading of options, individual to learn the identity of the SBT broker are consistent with the Act, the options markets are under significant who is crossing the order. The Commission considered it critical that pressure to attract or retain business. Commission believes that this an SBT DPM or LMM cannot receive its One approach to increasing business on anonymity is an important difference trade participation right before any an exchange is to allow members a between CBOEdirect and floor-based public customer orders at the same price preference in trading with customer auction markets. The automated, non- are executed in full. orders that they bring to the exchange. personal nature of the SBT System The SBT Trading Committee has the These preferences can have the effect of provides no opportunity for agreements ability, but is not required, to grant reducing intramarket price competition between the facilitating firm and the customers the highest priority at a when a right to receive a portion of the trading crowd whereby, for example, the particular price level. Currently, in the trade is guaranteed to a member based trading crowd agrees not to break up a rules governing trades on CBOE’s floor, on its status as an order provider rather firm’s proposed facilitations in customer orders displayed on the limit than to reward market makers for exchange for the firm’s agreement to order book are given priority over providing the best quotes. If exchange bring order flow to the exchange. broker-dealer orders and market maker rules do not provide a fair opportunity In the regular crossing procedure, an quotes.193 This is essential under for market participants to compete for SBT broker seeking to facilitate an order CBOE’s rules because the DPM is the orders based on price, there is a is guaranteed a participation right if, at agent for orders resting in the limit disincentive to provide competitive the end of the RFQ response period, the order book and, therefore, consistent quotes on the exchange and thus price broker improves the price that the with general agency law principles, competition may suffer. Eventually, if customer would receive by entering a CBOE’s rules accord priority to those execution guarantees to particular proposed cross at a price between the resting limit orders. In contrast, an SBT exchange members become too great, best bid and offer. The participation market maker is not required to act as the number of competitive market right of the SBT broker seeking to agent with respect to a limit order makers could diminish, thereby internalize the order when using the entered into CBOE direct.194 Moreover, impeding intramarket price regular crossing procedure would be set 199 the CBOE’s rules do not prohibit competition. As a result, the prices at 40%. The remaining 60% of the customers from electronically available on a market could order would be entered on the SBT book generating orders for entry into the deteriorate—ultimately harming as a limit order at the proposed crossing CBOEdirect book as they do for orders investors. price. All participants in the SBT eligible for the Exchange’s Retail The CBOEdirect rules include an System would be able to trade with this 195 Automatic Execution System. The interim crossing procedure, which does limit order at the proposed price or at Commission, therefore, believes that it not provide for any guarantee to the SBT an improved price. The Commission is consistent with the Act for the broker facilitating the order, and a believes that the time periods required CBOEdirect rules not to provide in all regular crossing procedure, which will by the regular CBOEdirect crossing approaches that public customer orders provide for a guarantee to the SBT procedure would afford SBT market have priority over market maker quotes broker facilitating the order. The eligible makers an adequate amount of time in and orders. order size for using either crossing which to respond to the RFQ during the initial response period and for all D. Obligations Under the Linkage Plan procedure is 50 contracts. The crossing procedures require the SBT broker to participants in CBOEdirect to compete SBT DPMs and LMMs will be for 60% of the order during the required to handle public customer Act Release No. 42029 (October 19, 1999), 64 FR exposure period that followed. In the orders when there is a better quote on 57674 (October 26, 1999). The Commission interim crossing procedure, the another exchange. In addition, to approved an initial Options Linkage Plan in July exposure period would give CBOEdirect comply with its obligations under the 2000. See Securities Exchange Act Release No. participants an opportunity to compete 196 43086 (July 28, 2000), 65 FR 48023 (August 4, Options Linkage Plan, CBOE rules 2000). The Commission subsequently approved for 100% of the order before the SBT amendments to that plan in May 2002 that set forth broker could participate. 193 See CBOE rule 6.45(a)(i) and (b). See also phase one of the plan’s implementation, providing In addition, with respect to orders CBOE rule 6.74(d)(ii) (giving public customer orders for automatic execution of orders routed to from that do not qualify for, or for which the represented in the trading crowd priority over other one options exchange to another, and phase two, to participants in the context of crossing transactions). implement all other linkage functionality. See SBT broker has chosen not to use, the 194 The SBT DPM or LMM, however, would act Securities Exchange Act Release No. 46001 (May interim or regular crossing procedures, as agent when handling an order when there is a 30, 2002), 67 FR 38687 (June 5, 2002). an SBT broker would have to expose better price on another market. Implementation of phase one began on January 31, such orders on the System for at least 30 195 See CBOE rule 6.8A(a). CBOE has confirmed 2003, and implementation of phase two must occur seconds before executing any part of the in its cover letter to Amendment No. 4 that CBOE no later than April 30, 2003. See id., 67 FR at 38688. rule 6.8A does not apply to CBOEdirect. 197 See Securities Exchange Act Release No. order as principal. Similarly, orders 196 Because of concerns about the increasing 47294 (January 31, 2003), 68 FR 6527 (February 7, likelihood of intermarket trade-throughs of 2003) (adopting rules for CBOE relating to the 199 See CBOE Rule 43.12(a)(5). The Commission customer orders in the options markets following Options Linkage Plan). notes that in this context the SBT DPM or LMM the widespread expansion of multiple trading, the 198 See Securities Exchange Act Release No. would not be entitled to a trade participation right Commission in October 1999 ordered the options 42455 (February 24, 2000), 65 FR 11388, 11395 because the crossing transaction must occur at an exchanges to work together to file a national market (March 2, 2000) (Order approving registration of improved price, which by its terms must be a better system plan for linking the options markets International Securities Exchange LLC as a national price than the previously established bid or offer of (‘‘Options Linkage Plan’’). See Securities Exchange securities exchange) (‘‘ISE Order’’). the SBT DPM or LMM.

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must be exposed on the System for at customer order and, with the 40% to have a trade nullified and, in that least 30 seconds before they may be execution, effectively internalized 100% case, the CBOEdirect rules prescribe executed by orders solicited from of the customer order. This situation that certain procedures be followed for members and non-member broker- would not be consistent with the SBT negotiated trade nullification. dealers. These rules ensure that the system’s crossing rules. CBOE has The rules also provide for a procedure crossing procedures and the limitations committed to surveil for instances when whereby an SBT trader may request two on facilitation described above are not a SBT broker immediately cancels the trading officials to nullify a trade. circumvented. crossing transaction once 40% of the Specifically, a trade may be nullified by The CBOEdirect rules also would order is executed. The Commission one party to the transaction if a prevent an SBT broker from being party notes that if, after receiving the documented request is made within five to any arrangement designed to responses to an RFQ, the SBT broker minutes or, in the case of a public circumvent the proposed crossing rules elects not to enter the transaction into customer order, within 15 minutes of by providing an opportunity for another the crossing mechanism because he or execution, and one of the following party to execute against an agency order she is unwilling to facilitate the conditions is satisfied: (1) There is a immediately after the broker had customer order at the requisite price verifiable disruption or malfunction in entered the order in the SBT System.200 between the best bid and offer displayed Exchange systems that cause a quote/ The Commission believes that the by the System, depending on the order to trade in excess of its prohibition on such arrangements is circumstances, the SBT broker may have disseminated size or that prevent an important, because an SBT broker and a a best execution obligation to enter the SBT trader from updating or canceling third party could otherwise use customer order into the System to its quote/order; (2) the trade resulted CBOEdirect to execute their orders with execute against the appropriate best from an erroneous print in the each other, without exposing these response to the RFQ. underlying security that resulted in a orders to other trading interest. The The Commission finds that the rules trade higher or lower than the average Commission believes that this proposed by CBOE relating to crossing trade in the underlying security by a prohibition should prove helpful in and internalization of orders on the SBT specified factor; (3) the trade resulted curbing a firm’s ability to internalize System are consistent with the Act. The from an erroneous quote in the primary 201 order flow. Commission believes that these rules market for the underlying when certain Finally, the proposed rules also will promote intramarket price other conditions are met; or (4) the include an interpretation stating that a competition by providing SBT traders execution price of the trade is higher or violation of a member’s duty of best with a reasonable opportunity to lower than the theoretical price for the execution would be presumed if the compete for a significant percentage of series by a specified factor. A party to member were to cancel or withhold a the incoming order and, therefore, will the trade that disagrees with the trade facilitation order to avoid execution of protect investors and the public interest. nullification can appeal the the order at a better price.202 Use of the determination under Chapter XIX of the crossing mechanism would not modify F. Simultaneous Trading of the Same Exchange’s rules. a member’s best execution duty to its Security on CBOEdirect and the The Commission considers that in customer. The Commission believes that Exchange Floor most circumstances trades that are this interpretation is important to CBOE has not proposed any rules that executed between parties should be ensure that SBT brokers who propose to would govern order handling and order honored. On rare occasions, the price or facilitate orders as principal fulfill their priority if the same option were traded other terms of the executed trade are duty of best execution. In the simultaneously on CBOEdirect and on such that they are ‘‘clearly erroneous,’’ Commission’s view, withholding or CBOE’s floor-based market. suggesting that it is unrealistic to expect withdrawing an order to be facilitated— that the parties to the trade had come to Accordingly, the Commission is not that could benefit from price a meeting of the minds regarding the approving the use of CBOEdirect to improvement available from other terms of the transaction. In the trade any security during a trading market participants—simply to avoid Commission’s view, abrogating a trade session in which such security is executing the order at the superior price should occur under specific and trading on CBOE’s floor-based would be a violation of the broker’s best objective circumstances only. The trade market.204 The Commission believes execution duty.203 nullification rule for CBOEdirect that trading the same option classes on As a national securities exchange, contains specific and objective criteria the floor and on the SBT System at the CBOE is required to enforce its with respect to the circumstances when same time raises several issues under members’ compliance with their best a trade can be nullified, which helps to the Act that CBOE must address—by execution obligations. The Commission ensure that the rule would be applied in filing one or more proposed rule notes that when a SBT broker enters a a fair and non-discriminatory manner. changes pursuant to section 19(b) of the facilitation transaction into the crossing In addition, the conditions under which Exchange Act 205 mechanism and then cancels the —before the a trade can be nullified indicate that the remainder of the customer order after Commission could approve concurrent error would be ‘‘clearly erroneous,’’ i.e., the 40% of the order is executed, this trading of the same option classes. the terms of the trade clearly were could indicate—depending on the G. Trade Nullification Procedures and outside of the norm for other trades that circumstances—that the broker the Firm Quote Rule were executed within a proximate time originally overstated the size of the frame. In addition, the CBOEdirect rule The rules governing CBOEdirect on trade nullification contains clear provide for the ability of one or both 200 See CBOE rule 43.12C(a). procedures on how the trade would be parties to a transaction to nullify the 201 The Commission previously approved a nullified and provides a time frame similar provision as part of the ISE’s rules. See ISE trade. Both parties to the trade can agree within which a request to nullify a trade rule 400, Supplementary Material; ISE Order, 65 FR must be made. Finally, the trade at 11400. 204 In Amendment No. 4, the Exchange eliminated 202 See CBOE rule 43.12A, Interpretation .01. the text of its proposed rule 43.10 regarding the nullification rule specifies the 203 See ISE Order, 65 FR at 11398 (discussing a trading of spread orders on CBOEdirect. procedures to be followed for an appeal similar provision in the ISE rules). 205 15 U.S.C. 78s(b). by a party who disagrees with the result.

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In light of the foregoing, the restrictions on the use of a computer finding. The Commission hereby finds Commission believes that the trade connected through an API if it believed good cause for approving the proposal, nullification rule for CBOEdirect is that such restrictions were necessary to as amended by Amendment No. 4, prior appropriate. ensure the proper performance of the to the 30th day after publishing notice System.208 In addition, CBOE has stated H. Integrated Market Making and Side- of the amended proposal in the Federal that it wishes to be able to: (1) Specify by-Side Market Making Register. Many of the revisions made to the number of quotes over a certain time the proposal in CBOE’s Amendment No. Under the Commodity Futures period that may be sent free by an SBT 4 are modeled on existing CBOE floor Modernization Act of 2000,206 futures trader, or (2) impose a fee per message rules or the rules of the ISE. The contracts on single securities and for sending a number that is clearly Commission previously approved these narrow-based security indexes may now above the free number and for CBOE rules and ISE rules and therefore be traded under the joint jurisdiction of producing a ratio of quotes to trades believes that accelerating such rules for the Securities and Exchange over a certain time period that is higher CBOEdirect is appropriate because these Commission and the Commodity than what would be considered a revisions do not raise new regulatory Futures Trading Commission. The reasonable ratio.209 Finally, CBOE has Commission understands that SBT indicated that it intends to charge fees issues. Other revisions, although not traders who may make markets in for RFQs that exceed a certain ratio of based on existing ISE or CBOE rules, options on CBOEdirect also may make requests-to-trades.210 were not material to the overall markets in security futures that are Trading options in an electronic proposal. The Commission believes that based on the same underlying security environment presents greater capacity no purpose would be served by delaying or may have an affiliate that engages in burdens than does the electronic trading approval of the proposal until those such trading. In addition, SBT traders of equity securities. For every equity additional revisions had been published who effect transactions in a particular security, there potentially exists dozens for comment, particularly in light of the option may be affiliated with market of overlying options, each series having fact that no comments were received in makers or specialists who trade the a different expiration date or strike response to the notice. Therefore, the underlying security (i.e., ‘‘integrated price. The continuous quoting of Commission finds that good cause exists market making’’). The Exchange has options, therefore, generates far more to accelerate approval of the amended indicated that CBOE Rule 4.18, which message traffic than the continuous proposal. governs the use of material, non-public quoting of equity securities. The information, would apply to members Commission acknowledges that an IV. Solicitation of Comments trading on CBOEdirect. The Exchange electronic options exchange has a Interested persons are invited to legitimate interest in ensuring that the represented that this rule would require submit written data, views, and amount of message traffic passing a SBT market maker to maintain arguments concerning Amendment No. information barriers—that are through the facilities of that exchange does not become so great as to 4, including whether the amendment is reasonably designed to prevent the consistent with the Act. Persons making misuse of material, non-public compromise system performance. written submissions should file six information by such member—with any However, the Commission expects copies thereof with the Secretary, affiliates that may act as a specialist or CBOE to file with the Commission, in Securities and Exchange Commission, market maker in any security accordance with the procedural underlying the options for which the requirements of section 19(b) of the 450 Fifth Street, NW., Washington, DC CBOE member acts as a SBT market Act 211 and the substantive requirements 20549–0609. Copies of the submission, maker. The Commission believes that of section 6(b) of the Act,212 any all subsequent amendments, all written the requirement that there be an proposal to throttle message traffic. The statements with respect to the proposed information barrier between the SBT Commission notes in particular that any rule change that are filed with the market maker and its affiliates with such proposal by the Exchange must not Commission, and all written respect to transactions in the option and permit unfair discrimination between communications relating to the the underlying security serve to reduce CBOEdirect participants.213 Section 6(b) proposed rule change between the the opportunity for unfair trading also requires that any dues, fees, or Commission and any person, other than advantages or misuse of material, non- other charges imposed by a national those that may be withheld from the public information. securities exchange must be fair and public in accordance with the reasonable and allocated equitably.214 provisions of 5 U.S.C. 552, will be I. Managing Message Traffic J. Accelerated Approval available for inspection and copying in CBOE has indicated that it may, in the the Commission’s Public Reference future, be necessary to set limits on the Pursuant to section 19(b)(2) of the 215 Room. Copies of such filings will also be message traffic on the SBT System to Act, the Commission may not available for inspection and copying at prevent it from becoming overloaded. approve any proposed rule change, or the principal office of the Exchange. All amendment thereto, prior to the 30th For example, CBOE has stated that it submissions should refer to File No. day after the date of publication of may have to limit the number of SBT SR–CBOE–00–55 and should be notice of the filing thereof, unless the market makers that may access the SBT submitted by May 1, 2003. System through an API, or limit the Commission finds good cause for so number of messages sent by market doing and publishes its reasons for so V. Conclusion makers accessing the System through an 208 See id. It is therefore ordered, pursuant to API, to protect the integrity of the 209 See notice, supra note 4, 67 FR at 31040. 216 207 section 19(b)(2) of the Act, that the System. Furthermore, CBOE has 210 See notice, supra note 4, 67 FR at 31039. proposed rule change (SR–CBOE–00– indicated that it may have to impose 211 15 U.S.C. 78s(b). 55), as amended, is approved on an 212 15 U.S.C. 78f(b). 206 Pub. L. No. 106–554, Appendix E, 114 Stat. 213 See 15 U.S.C. 78f(b)(5). accelerated basis. 2763. 214 See 15 U.S.C. 78f(b)(4). 207 See CBOE rule 44.6. 215 15 U.S.C. 78s(b)(2). 216 15 U.S.C. 78s(b)(2).

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For the Commission, by the Division of permanent approval of the TAF, before to revert to Section 8 of Schedule A to Market Regulation, pursuant to delegated the expiration of the TAF pilot on April the NASD By-Laws, as amended. authority.217 15, 2003.7 If the Commission does not On December 24, 2002, the NASD Margaret H. McFarland, approve SR–NASD–2002–148 before the extended the TAF pilot through March Deputy Secretary. expiration of the TAF pilot on April 15, 1, 2003. On February 28, 2002, the [FR Doc. 03–8730 Filed 4–9–03; 8:45 am] 2003, the trading fee component of the NASD again extended the TAF pilot BILLING CODE 8010–01–P member regulatory pricing structure through April 1, 2003. With the instant will revert to Section 8 of Schedule A proposed rule change, the NASD is to the NASD By-Laws, as amended. extending the TAF pilot through April SECURITIES AND EXCHANGE 15, 2003, to allow the Commission COMMISSION II. Self-Regulatory Organization’s additional time to review issues Statement of the Purpose of, and presented by the proposal to make the [Release No. 34–47623; File No. SR–NASD– Statutory Basis for, the Proposed Rule 2003–65] TAF permanent (SR–NASD–2002–148). Change The NASD requests that the Commission approve SR–NASD–2002– Self-Regulatory Organizations; Notice In its filing with the Commission, the 148 before the expiration of the TAF of Filing and Immediate Effectiveness NASD included statements concerning pilot on April 15, 2003. of Proposed Rule Change by the the purpose of and basis for its proposal National Association of Securities and discussed any comments it received 2. Statutory Basis Dealers, Inc. To Extend the Pilot Period regarding the proposal. The text of these The NASD believes that the proposed for the Regulatory Fee and the Trading statements may be examined at the rule change is consistent with the Act, Activity Fee places specified in Item IV below. The including section 15A(b)(5),11 which April 3, 2003. NASD has prepared summaries, set requires, among other things, that the Pursuant to section 19(b)(1) of the forth in sections A, B and C below, of NASD’s rules provide for the equitable Securities Exchange Act of 1934 the most significant aspects of such allocation of reasonable dues, fees, and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 statements. other charges among members and notice is hereby given that on March 31, A. Self-Regulatory Organization’s issuers and other persons using any 2003, the National Association of Statement of the Purpose of, and facility or system that the NASD Securities Dealers, Inc. (‘‘NASD’’) filed Statutory Basis for, the Proposed Rule operates or controls. with the Securities and Exchange Change B. Self-Regulatory Organization’s Commission (‘‘Commission’’) the Statement on Burden on Competition proposed rule change as described in 1. Purpose The NASD does not believe that the Items I, II and III below, which Items On July 24, 2002, the NASD filed SR– proposed rule change will result in any have been prepared by the NASD. The NASD–2002–98, which proposed a new burden on competition that is not NASD filed the proposal pursuant to member regulatory pricing structure, necessary or appropriate in furtherance section 19(b)(3)(A) of the Act,3 and Rule 4 including the TAF, to replace the of the purposes of the Act, as amended. 19b–4(f)(6) thereunder, which renders existing trading fee contained in section C. Self-Regulatory Organization’s the proposal effective upon filing with 8 of Schedule A to the NASD By-Laws.8 5 Statement on Comments on the the Commission. The Commission is SR–NASD–2002–98 is currently in Proposed Rule Change Received from publishing this notice to solicit effect. Assessments under the TAF were Members, Participants or Others comments on the proposed rule change effective as of October 1, 2002, payable from interested persons. January 15, 2003.9 On October 18, 2002, Written comments on this proposed I. Self-Regulatory Organization’s the NASD established a sunset rule change were neither solicited nor Statement of the Terms of Substance of provision whereby the TAF established received. Written comments, however, the Proposed Rule Change by SR–NASD–2002–98 would cease to have been solicited by publication in exist after December 31, 2002.10 Upon the Federal Register of SR–NASD– The NASD proposes to extend the 2002–98, SR–NASD–2002–147, SR– pilot period for the Trading Activity Fee expiration of SR–NASD–2002–98, the member regulatory pricing structure was NASD–2002–148, SR–NASD–2002–182, (‘‘TAF’’) through April 15, 2003. The and SR–NASD–2003–26. TAF (as originally proposed in SR– NASD–2002–98) is in effect, and is set 7 See Securities Exchange Act Release No. 46817 III. Date of Effectiveness of the (November 12, 2002), 67 FR 69785 (November 19, 6 Proposed Rule Change and Timing for to expire on April 1, 2003. The NASD 2002)(SR–NASD–2002–148). Commission Action is requesting the Commission approve 8 Securities Exchange Act Release No. 46416 SR–NASD–2002–148, granting (August 23, 2002), 67 FR 55901 (August 30, 2002) Because the foregoing proposed rule (SR–NASD–2002–98). See also Securities Exchange change does not: Act Release No. 46417 (August 23, 2002), 67 FR 217 17 CFR 200.30–3(a)(12). 55893 (August 30, 2002) (SR–NASD–2002–99). The (i) Significantly affect the protection 1 15 U.S.C. 78s(b)(1). NASD also published three Notices to Members of investors or the public interest; 2 17 CFR 240.19b–4. describing the proposed changes and addressing (ii) Impose any significant burden on 3 15 U.S.C. 78s(b)(3)(A). interpretive questions posed by NASD members. competition; and 4 17 CFR 240.19b–4(f)(6). See Notices to Members 02–41 (July 2002), 02–63 (iii) Become operative for 30 days 5 The Commission waived the five-day pre-filing (September 2002), and 02–75 (November 2002). from the date on which it was filed, or notice requirement. See Rule 19b–4(f)(6)(iii). 17 9 Member firms were required to pay the TAF in CFR 240.19b–4(f)(6)(iii). The NASD also asked the accordance with the pilot program (for the first such shorter time as the Commission Commission to waive the 30-day operative delay. quarter starting October 1, 2002) by no later than may designate, it has become effective 6 See Securities Exchange Act Release No. 46416 January 15, 2003, and thereafter, on a monthly pursuant to section 19(b)(3)(A) of the (August 23, 2002), 67 FR 55901 (August 30, 2002) basis. Act 12 and Rule 19b-4(f)(6) thereunder.13 (SR–NASD–2002–98). See also Securities Exchange 10 At the same time, the NASD filed a new Act Release Nos. 47112 (December 31, 2002), 68 FR proposed rule change (SR–NASD–2002–148), 824 (January 7, 2003) (SR–NASD–2002–182) and substantially similar to SR–NASD–2002–98, but 11 15 U.S.C. 78o–3(b)(5). 47436 (March 4, 2003), 68 FR 11422 (March 10, filed under section 19(b)(1) of the Act, to allow for 12 15 U.S.C. 78s(b)(3)(A). 2003) (SR–NASD–2003–26). additional comment. 13 17 CFR 240.19b–4(f)(6).

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At any time within 60 days of the filing SECURITIES AND EXCHANGE rule change. The text of these statements of the proposed rule change, the COMMISSION may be examined at the places specified Commission may summarily abrogate in Item IV below. The NASD has [Release No. 34–47631; File No. SR–NASD– such rule change if it appears to the 2003–64] prepared summaries, set forth in Commission that such action is sections A, B, and C below, of the most necessary or appropriate in the public Self-Regulatory Organizations; Notice significant aspects of such statements. interest, for the protection of investors, of Filing and Immediate Effectiveness A. Self-Regulatory Organization’s of Proposed Rule Change by the or otherwise in furtherance of the Statement of the Purpose of, and National Association of Securities purposes of the Act. Statutory Basis for, the Proposed Rule Dealers, Inc. To Extend for an The NASD has requested that the Change Commission waive the 30-day operative Additional Six-Month Period a Pilot delay. The Commission believes Rule To Require Industry Parties in 1. Purpose Arbitration To Waive Application of waiving the 30-day operative delay is Contested California Arbitrator The proposed rule change extends for consistent with the protection of Disclosure Standards, Upon the an additional six months a pilot rule investors and the public interest. Request of Customers and Associated that was approved by the Commission Acceleration of the operative date will Persons With Claims of Statutory for a six-month period ending March 30, allow the TAF pilot to operate without Employment Discrimination 2003.4 NASD’s statement of purpose is interruption through April 15, 2003. For contained in the Commission’s these reasons, the Commission April 3, 2003. Approval Order. In that Approval Order, designates the proposal to be effective Pursuant to section 19(b)(1) of the at footnote 9, the Commission stated: and operative upon filing with the Securities Exchange Act of 1934 If the outcome of the lawsuit is that the Commission.14 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 31, California Standards do not apply to NASD IV. Solicitation of Comments 2003, the National Association of arbitration, waivers would no longer be necessary. Cases in which arbitrators were Securities Dealers, Inc. (‘‘NASD’’) filed Interested persons are invited to appointed pursuant to waivers would with the Securities and Exchange submit written data, views, and continue to their conclusion. If the lawsuit Commission (‘‘SEC’’ or ‘‘Commission’’) arguments concerning the foregoing, has not concluded at the expiration of the the proposed rule change as described including whether the proposal is six-month pilot period, NASD may request in Items I and II below, which Items consistent with the Act. Persons making an extension. have been prepared by NASD. NASD written submissions should file six has designated the proposed rule change The litigation discussed in the copies thereof with the Secretary, as constituting a ‘‘non-controversial’’ Securities and Exchange Commission, Approval Order has not concluded, and rule change pursuant to Rule 19b–4(f)(6) NASD now is a party to additional 450 Fifth Street, NW, Washington, DC under the Act,3 which renders the litigation relating to application of the 20549–0609. Copies of the submission, proposal effective upon receipt of this California Standards. Accordingly, all subsequent amendments, all written filing by the Commission. The NASD is now requesting an extension of statements with respect to the proposed Commission is publishing this notice to the pilot for an additional six months rule change that are filed with the solicit comments on the proposed rule (or until the pending litigation has Commission, and all written change from interested persons. resolved the question of whether or not communications relating to the I. Self-Regulatory Organization’s the California Standards apply to NASD proposed rule change between the arbitration). NASD requests that the Commission and any person, other than Statement of the Terms of Substance of the Proposed Rule Change pilot be extended for six months those that may be withheld from the beginning on March 31, 2003. public in accordance with the NASD is proposing to extend the pilot In addition, NASD has made one provisions of 5 U.S.C. 552, will be rule in IM–10100, paragraphs (f) and (g), change to its model waiver agreement. available for inspection and copying in to require industry parties in arbitration In light of questions raised by the Commission’s Public Reference to waive application of contested California arbitrator disclosure practitioners, the first sentence of the Room. Copies of such filing will also be waiver agreement has been amended to available for inspection and copying at standards, upon the request of customers (and, in industry cases, upon delete reference to federal or state laws the principal office of the NASD. All other than the California Standards. submissions should refer to file number the request of associated persons with claims of statutory employment NASD proposes to begin using the SR–NASD–2003–65 and should be amended waiver agreement upon the submitted by May 1, 2003. discrimination), for a six-month pilot period. operative date of the pilot extension for For the Commission, by the Division of all cases in which none of the parties Market Regulation, pursuant to delegated II. Self-Regulatory Organization’s has yet signed the prior NASD waiver authority.15 Statement of the Purpose of, and agreement. This change will not affect Margaret H. McFarland, Statutory Basis for, the Proposed Rule any parties that already have signed the Change Deputy Secretary. prior NASD waiver agreement, or any cases in which some of the parties have [FR Doc. 03–8732 Filed 4–9–03; 8:45 am] In its filing with the Commission, NASD included statements concerning signed the prior NASD waiver BILLING CODE 8010–01–P the purpose of and basis for the agreement. If any party in an ongoing proposed rule change and discussed any case has signed the prior NASD waiver 14 For purposes only of accelerating the operative comments it received on the proposed agreement, then all other parties will date of this proposal, the Commission has considered the proposed rule’s impact on use the same agreement. efficiency, competition, and capital formation. 15 1 15 U.S.C. 78s(b)(1). U.S.C. 78c(f). 2 17 CFR 240.19b–4. 4 Exchange Act Release No. 46562 (September 26, 15 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4(f)(6). 2002), 67 FR 62085 (October 3, 2002).

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2. Statutory Basis filing, or such shorter time as the For the Commission, by the Division of Commission may designate if consistent Market Regulation, pursuant to delegated NASD believes that the proposed rule 10 change is consistent with the provisions with the protection of investors and the authority. of section 15A(b)(6) of the Act,5 which public interest, and the self-regulatory Margaret H. McFarland, requires, among other things, that organization must file notice of its Deputy Secretary. NASD’s rules must be designed to intent to file the proposed rule change [FR Doc. 03–8733 Filed 4–9–03; 8:45 am] prevent fraudulent and manipulative at least five business days beforehand. BILLING CODE 8010–01–P acts and practices, to promote just and NASD has requested that the equitable principles of trade, and, in Commission waive the five-day pre- general, to protect investors and the filing requirement and the 30-day SECURITIES AND EXCHANGE public interest. NASD believes that operative delay so that the proposed COMMISSION expediting the appointment of rule change will become immediately arbitrators under the waiver, at the effective upon filing. [Release No. 34–47634; File No. SR–NASD– request of customers (and, in industry The Commission believes that 2003–60] cases, associated persons with claims of waiving the five-day pre-filing provision statutory employment discrimination), and the 30-day operative delay is Self-Regulatory Organizations; Notice will allow those parties to exercise their consistent with the protection of of Filing and Immediate Effectiveness contractual rights to proceed in investors and the public interest.9 of Proposed Rule Change by the arbitration in California, Waiving the pre-filing requirement and National Association of Securities notwithstanding the confusion caused accelerating the operative date will Dealers, Inc. To Extend the Pilot Period by the disputed California Standards. merely extend a pilot program that is for Nasdaq PostData and the B. Self-Regulatory Organization’s designed to provide investors with a Associated Fees Assessed under Statement on Burden on Competition mechanism to resolve disputes with NASD Rule 7010(s) broker—dealers. During the period of NASD does not believe that the April 4, 2003. proposed rule change will result in any this extension, the Commission and burden on competition that is not NASD will continue to monitor the Pursuant to section 19(b)(1) of the necessary or appropriate in furtherance status of the previously discussed Securities Exchange Act of 1934 of the purposes of the Act, as amended. litigation. For these reasons, the (‘‘Act’’),1 and rule 19b–4 thereunder,2 Commission designates that the notice is hereby given that on March 27, C. Self-Regulatory Organization’s proposed rule change as effective and 2003, the National Association of Statement on Comments on the operative immediately. Securities Dealers, Inc. (‘‘NASD’’), Proposed Rule Change Received From through its subsidiary, The Nasdaq Members, Participants or Others IV. Solicitation of Comments Stock Market, Inc. (‘‘Nasdaq’’), filed Written comments were neither Interested persons are invited to with the Securities and Exchange solicited nor received. submit written data, views and Commission (‘‘Commission’’) the III. Date of Effectiveness of the arguments concerning the foregoing, proposed rule change as described in Proposed Rule Change and Timing for including whether the proposed rule items I, II and III below, which items Commission Action change is consistent with the Act. have been prepared by Nasdaq. Nasdaq Persons making written submissions filed the proposal pursuant to section NASD has designated the proposed 19(b)(3)(A) of the Act,3 and rule 19b– rule change as one that: (i) Does not should file six copies thereof with the 4(f)(6) thereunder,4 which renders the significantly affect the protection of Secretary, Securities and Exchange proposal effective upon filing with the investors or the public interest; (ii) does Commission, 450 Fifth Street, NW., Commission. The Commission is not impose any significant burden on Washington, DC 20549–0609. Copies of publishing this notice to solicit competition; and (iii) does not become the submission, all subsequent comments on the proposed rule change operative for 30 days from the date on amendments, all written statements which it was filed, or such shorter time with respect to the proposed rule from interested persons. as the Commission may designate. change that are filed with the I. Self-Regulatory Organization’s Therefore, the foregoing rule change has Commission, and all written Statement of the Terms of Substance of become effective pursuant to Section communications relating to the the Proposed Rule Change 19(b)(3)(A) of the Act 6 and Rule 19b– proposed rule change between the 4(f)(6) thereunder.7 At any time within Commission and any person, other than NASD proposes to extend through 60 days of the filing of the proposed rule those that may be withheld from the September 30, 2003, the pilot period for change, the Commission may summarily public in accordance with the Nasdaq PostData and the associated fees abrogate the rule change if it appears to provisions of 5 U.S.C. 552, will be assessed under NASD rule 7010(s). the Commission that the action is available for inspection and copying in Nasdaq is making no substantive necessary or appropriate in the public the Commission’s Public Reference changes to the pilot program, other than interest, for the protection of investors, Room. Copies of such filing will also be to extend its operation through or would otherwise further the purposes available for inspection and copying at September 30, 2003. The text of the of the Act. the principal office of the NASD. All proposed rule change is available at Pursuant to Rule 19b–4(f)(6)(iii) under submissions should refer to File No. Nasdaq and at the Commission. the Act,8 the proposal may not become SR–NASD–2003–64 and should be operative for 30 days after the date of its submitted by May 1, 2003. 10 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78o–3(b)(6). 9 For purposes of accelerating the operative date 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(3)(A). of this proposal, the Commission has considered 3 15 U.S.C. 78s(b)(3)(A). 7 17 CFR 240.19b–4(f)(6). the proposed rule’s impact on efficiency, 4 17 CFR 240.19b–4(f)(6). The Commission 8 17 CFR 240.19b–4(f)(6)(iii). competition, and capital formation. 15 U.S.C. 78c(f). waived the five-day pre-filing notice requirement.

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II. Self-Regulatory Organization’s to users and other persons utilizing the including whether the proposal is Statement of the Purpose of, and system and will provide useful consistent with the Act. Persons making Statutory Basis for, the Proposed Rule information to all direct and indirect written submissions should file six Change subscribers on a non-discriminatory copies thereof with the Secretary, In its filing with the Commission, basis. Securities and Exchange Commission, Nasdaq included statements concerning B. Self-Regulatory Organization’s 450 Fifth Street, NW., Washington, DC the purpose of and basis for the Statement on Burden on Competition 20549–0609. Copies of the submission, proposed rule change and discussed any all subsequent amendments, all written Nasdaq does not believe that the comments it received on the proposed statements with respect to the proposed proposed rule change will result in any rule change. The text of these statements rule change that are filed with the burden on competition that is not may be examined at the places specified Commission, and all written in item IV below. Nasdaq has prepared necessary or appropriate in furtherance of the purposes of the Act. communications relating to the summaries, set forth in sections A, B, proposed rule change between the and C below, of the most significant C. Self-Regulatory Organization’s Commission and any person, other than aspects of such statements. Statement on Comments on the those that may be withheld from the A. Self-Regulatory Organization’s Proposed Rule Change Received From public in accordance with the Statement of the Purpose of, and Members, Participants, or Others provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule Written comments were neither available for inspection and copying in Change solicited nor received with respect to the Commission’s Public Reference 1. Purpose the proposed rule change. Room. Copies of such filing will also be available for inspection and copying at On January 11, 2002, the Commission III. Date of Effectiveness of the Proposed Rule Change and Timing for the principal office of the NASD. All approved, as a 12-month pilot, the submissions should refer to file number creation of Nasdaq PostData, a voluntary Commission Action SR–NASD–2003–60 and should be trading data distribution facility, Because the foregoing proposed rule submitted by May 1, 2003. accessible to NASD members, buy-side change does not: institutions, and market data vendors (i) Significantly affect the protection For the Commission, by the Division of through the NasdaqTrader.com Web of investors or the public interest; Market Regulation, pursuant to delegated site.5 On January 17, 2003, Nasdaq (ii) Impose any significant burden on authority.13 extended that pilot through February 28, competition; and Margaret H. McFarland, 2003.6 On March 14, 2003, Nasdaq (iii) Become operative for 30 days Deputy Secretary. reestablished the pilot, and extended its from the date on which it was filed, or [FR Doc. 03–8808 Filed 4–9–03; 8:45 am] operation through March 31, 2003.7 such shorter time as the Commission BILLING CODE 8010–01–P Nasdaq now proposes to extend the may designate, it has become effective pilot through September 30, 2003. pursuant to section 19(b)(3)(A) of the 10 11 Nasdaq proposes no other changes to Act and rule 19b–4(f)(6) thereunder. SECURITIES AND EXCHANGE the pilot at this time. At any time within 60 days of the filing COMMISSION of the proposed rule change, the 2. Statutory Basis Commission may summarily abrogate Nasdaq believes that the proposed such rule change if it appears to the [Release No. 34–47629; File No. SR–OCC– rule change is consistent with the Commission that such action is 2002–21] provisions of section 15A(b)(5) 8 and necessary or appropriate in the public 9 Self-Regulatory Organizations; the 15A(b)(6) of the Act. Section 15A(b)(5) interest, for the protection of investors, requires the equitable allocation of or otherwise in furtherance of the Options Clearing Corporation; Notice reasonable fees and charges among purposes of the Act. of Filing and Order Granting members and other users of facilities Nasdaq has asked the Commission to Accelerated Approval of a Proposed operated or controlled by a national waive the 30-day operative delay. The Rule Change Relating to Delivery securities association. Section 15A(b)(6) Commission believes waiving the 30- Dates requires rules that foster cooperation day operative delay is consistent with April 3, 2003. and coordination with persons engaged the protection of investors and the in facilitating transactions in securities public interest. Such waiver will allow Pursuant to section 19(b)(1) of the and that are not designed to permit the pilot to operate without interruption Securities Exchange Act of 1934 unfair discrimination between through September 30, 2003. For these (‘‘Act’’),1 notice is hereby given that on customers, issuers, brokers or dealers. reasons, the Commission designates the August 28, 2002, The Options Clearing Nasdaq believes that this program proposal to be effective and operative Corporation (‘‘OCC’’) filed with the involves a reasonable fee assessed only upon filing with the Commission.12 Securities and Exchange Commission (‘‘Commission’’) the proposed rule 5 IV. Solicitation of Comments See Securities Exchange Act Release No. 45270 change as described in items I and II (January 11, 2002), 67 FR 2712 (January 18, 2002) Interested persons are invited to below, which items have been prepared (SR–NASD–99–12). submit written data, views, and 6 See Securities Exchange Act Release No. 47210 primarily by OCC. The Commission is (January 17, 2003), 68 FR 3912 (January 27, 2003) arguments concerning the foregoing, publishing this notice and order to (SR–NASD–2003–02). solicit comments on the proposed rule 7 See Securities Exchange Act Release No. 47503 10 15 U.S.C. 78s(b)(3)(A). (March 14, 2003), 68 FR 13745 (March 20, 2003) 11 17 CFR 240.19b–4(f)(6). change from interested persons and to (SR–NASD–2003–35) (Proposal to reestablish pilot 12 For purposes only of accelerating the operative grant accelerated approval. retroactive to March 1, 2003, and extend its date of this proposal, the Commission has operation through March 31, 2003). considered the proposed rule’s impact on 8 15 U.S.C. 78o–3(b)(5). efficiency, competition, and capital formation. 15 13 17 CFR 200.30–3(a)(12). 9 15 U.S.C. 78o–3(b)(6). U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1).

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I. Self-Regulatory Organization’s obligations that cannot be settled Commission, and all written Statement of the Terms of Substance of through NSCC must be settled on a communications relating to the the Proposed Rule Change broker-to-broker basis under OCC’s proposed rule change between the rules. Delaying settlement in these Commission and any person, other than The proposed rule change amends instances allows for more time to gather those that may be withheld from the OCC’s rule 902, which obligates a and validate necessary relevant public in accordance with the delivering clearing member to deliver information (e.g., if and when NSCC provisions of 5 U.S.C. 552, will be the underlying security or securities will again make the underlying security available for inspection and copying in against payment of the aggregate CNS-eligible). Convening an emergency the Commission’s Public Reference purchase price on the designated meeting of the Board on the same day Section, 450 Fifth Street, NW., delivery date. that OCC learns of a suspension or Washington, DC 20549. Copies of such II. Self-Regulatory Organization’s delisting is very difficult if not filing will also be available for Statement of the Purpose of, and impossible. Granting the designated inspection and copying at the principal Statutory Basis for, the Proposed Rule individuals the authority to delay office of FICC. All submissions should Change settlement would provide OCC with refer to the File No. SR–OCC–2002–21 greater flexibility in responding to these and should be submitted by May 1, In its filing with the Commission, and other unexpected or unusual 2003. OCC included statements concerning events. the purpose of and basis for the IV. Date of Effectiveness of the OCC believes that the proposed rule proposed rule change and discussed any Proposed Rule Change and Timing for change is consistent with section 17A of comments it received on the proposed Commission Action the Act because it would provide OCC rule change. The text of these statements with greater flexibility to respond to The Commission finds that the may be examined at the places specified unusual conditions in order to ensure proposed rule change is consistent with in item III below. OCC has prepared the prompt and accurate clearance and the requirements of the Act and the summaries, set forth in sections (A), (B), settlement of securities transactions. rules and regulations thereunder and and (C) below, of the most significant particularly with the requirements of aspects of such statements.2 (B) Self-Regulatory Organization’s section 17A(b)(3)(F).5 Section Statement on Burden on Competition (A) Self-Regulatory Organization’s 17A(b)(3)(F) requires that the rules of a Statement of the Purpose of, and OCC does not believe that the clearing agency be designed to promote Statutory Basis for, the Proposed Rule proposed rule change would impose any the prompt and accurate clearance and Change burden on competition. settlement of securities transactions. The Commission believes that the The proposed rule change modifies (C) Self-Regulatory Organization’s proposed rule change is consistent with rule 902, which obligates a delivering Statement on Comments on the this requirement because it will improve clearing member to deliver the Proposed Rule Change Received From OCC’s ability to deal with unexpected underlying security or securities against Members, Participants, or Others events which effects the delivery and payment of the aggregate purchase price Written comments were not and are payment obligations of the underlying on the ‘‘delivery date.’’3 The delivery not intended to be solicited with respect securities resulting from the exercise date is the third business day following to the proposed rule change, and none and assignment of option contracts. As (1) the day on which an exercise notice have been received. a result, the proposed rule change is accepted by OCC (in the case of should assist OCC in meeting its III. Solicitation of Comments options) or (2) the maturity date (in the obligations to provide for the prompt case of security futures). A different Interested persons are invited to and accurate clearance and settlement of delivery date, however, may be submit written data, views, and securities transactions. designated by OCC for property that is arguments concerning the foregoing, OCC has requested that the deliverable following a contract including whether the proposed rule Commission approve this rule change adjustment or by the Board of Directors change is consistent with the Act. prior to the thirtieth day after the date if such action is required in the public Persons making written submissions of publication of notice of the filing. The interest or to meet unusual conditions. should file six copies thereof with the Commission finds good cause for The proposed rule change allows OCC’s Secretary, Securities and Exchange approving the proposed rule change Board to delegate its authority to set a Commission, 450 Fifth Street, NW., prior to the 30th day after publication of different delivery date to OCC’s Washington, DC 20549–0609. notice because such approval would Chairman, Management Vice Chairman, Comments may also be submitted immediately give OCC the flexibility it or President or delegate of such officer. electronically at the following e-mail needs to delay the delivery date to The need to set a different delivery address: [email protected]. All address unusual conditions. date will generally result from comment letters should refer to File No. V. Conclusion unexpected events such as trading SR–OCC–2002–21. This file number suspensions or delistings that cause should be included on the subject line On the basis of the foregoing, the NSCC to temporarily remove the if e-mail is used. To help us process and Commission finds that the proposed underlying security from its CNS review comments more efficiently, rule change is consistent with the System.4 Delivery and payment comments should be sent in hardcopy requirements of the Act and in or by e-mail but not by both methods. particular with the requirements of 2 The Commission has modified parts of these Copies of the submission, all subsequent section 17A of the Act and the rules and statements. amendments, all written statements regulations thereunder applicable. 3 The delivery date is also referred to in OCC’s with respect to the proposed rule It is therefore ordered, pursuant to rules as the ‘‘exercise settlement date.’’ OCC rule section 19(b)(2) of the Act, that the 101E.(4). change that are filed with the 4 Settlement of exercised and assigned or matured proposed rule change (File No. SR– contracts requiring the physical delivery of the pursuant to arrangements between NSCC and OCC. underlying security generally occurs at NSCC OCC rule 913. 5 15 U.S.C. 78q–1(b)(3)(I).

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OCC–2002–21) be, and hereby is, italicized. Proposed deletions are in maintained in margin accounts of approved. [brackets]. customers of Phlx members, whether such customers are members For the Commission by the Division of Rule 722. Margin Accounts 5 Market Regulation, pursuant to delegated themselves, partners of members, authority.6 * * * * * member firms, member corporations or 5. Broker-Dealer Accounts. A member Margaret H. McFarland, stockholders therein, or non-members. organization may carry the proprietary Phlx rule 722(c) sets forth certain Deputy Secretary. account of another broker-dealer, which [FR Doc. 03–8734 Filed 4–9–03; 8:45 am] exceptions to the general margin is registered with the Securities and requirements. Phlx rule 722(c)(5) BILLING CODE 8010–01–P Exchange Commission, upon a margin provides that an Exchange member may basis which is satisfactory to both carry the proprietary account of another parties, provided the requirements of broker-dealer registered with the SECURITIES AND EXCHANGE Regulation T of the Board of Governors COMMISSION Commission, on a margin basis that is of the Federal Reserve System are satisfactory to both parties (‘‘broker-to- [Release No. 34–47630; File No. SR–Phlx– adhered to and the account is not broker margin’’); provided however, that 2003–14] carried in a deficit equity condition. The the parties adhere to Regulation T of the amount of any deficiency between the Self-Regulatory Organizations; Notice Board of Governors of the Federal equity maintained in the account and Reserve System,7 and the account is not of Filing and Immediate Effectiveness the [margin required by the other of a Proposed Rule Change by the carried in a deficit condition. provisions of this rule] haircut Phlx rule 722(c)(5) further provides Philadelphia Stock Exchange, Inc. requirements calculated pursuant to that the amount of any deficiency Relating to the Net Capital Calculation rule 15c3–1 of the Exchange Act, shall between the equity maintained in the for Broker-Dealer Accounts be deducted in computing the Net account and the ‘‘margin required by the Capital of the member organization April 3, 2003. other provisions of’’ Phlx rule 722 shall under rule 15c3–1 of the Exchange Act Pursuant to section 19(b)(1) of the be deducted in computing the net and rule 703. Securities Exchange Act of 1934 (‘‘Act’’ capital of the Phlx member carrying the or ‘‘Exchange Act’’),1 and rule 19b–42 * * * * * account of another registered broker- thereunder, notice is hereby given that II. Self-Regulatory Organization’s dealer. The Phlx believes that this on March 19, 2003, the Philadelphia Statement of the Purpose of, and language does not accurately reflect that Stock Exchange, Inc. (‘‘Phlx’’ or Statutory Basis for, the Proposed Rule the haircut requirements specified in ‘‘Exchange’’) submitted to the Securities Change Exchange Act rule 15c3–18 must also be considered in computing such Phlx and Exchange Commission In its filing with the Commission, the (‘‘Commission’’) the proposed rule member’s net capital. Phlx included statements concerning Accordingly, the Phlx proposes to change as described in items I, II, and the purpose of and basis for the III below, which items have been delete the phrase ‘‘margin required by proposed rule change and discussed any the other provisions of,’’ and clarify in prepared by the Phlx. The Commission comments it received on the proposed is publishing this notice to solicit its rule that the haircut requirements rule change. The text of these statements calculated pursuant to Exchange Act comments on the proposed rule change may be examined at the places specified from interested persons. rule 15c3–1 will be used to calculate the in item IV below. The Phlx has prepared net capital of a Phlx member carrying I. Self-Regulatory Organization’s summaries, set forth in sections A, B, the margin account of a registered Statement of the Terms of Substance of and C below, of the most significant broker-dealer customer. The Phlx notes the Proposed Rule Change aspects of such statements. that the CBOE and NYSE each has The Exchange proposes to amend A. Self-Regulatory Organization’s adopted a similar change to its margin Phlx rule 722(c)(5) (‘‘Broker-Dealer Statement of the Purpose of, and rules. Statutory Basis for, the Proposed Rule Accounts’’) to clarify that the haircut 2. Statutory Basis requirements of Exchange Act rule Change 3 The Phlx believes that the proposed 15c3–1 must be considered in 1. Purpose computing the net capital of a broker- rule change harmonizes the margin dealer that is extending margin to The Exchange proposes to amend treatment between Phlx’s rule and another broker-dealer and to harmonize Phlx rule 722(c)(5) (‘‘Broker-Dealer analogous CBOE and NYSE rules. As it with other exchanges’ rules.4 Accounts’’), to clarify that the haircut such, the Phlx believes that its proposal Below is the text of the proposed rule requirements of Exchange Act rule is consistent with section 6(b) of the change. Proposed new language is 15c3–16 must be considered in Act 9 in general, and furthers the computing the net capital of a broker- objectives of section 6(b)(5) of the Act 10 6 17 CFR 200.30–3(a)(12). dealer extending margin to another in particular, in that it is designed to 1 15 U.S.C. 78s(b)(1). broker-dealer. As amended, Phlx rule perfect the mechanism of a free and 2 17 CFR 240.19b–4. 722(c)(5) would be substantially similar open market and to protect investors 3 17 CFR 240.15c3–1. to CBOE rule 12.3(g). and the public interest. 4 See Securities Exchange Act Release No. 46716 Currently, Phlx rule 722 sets forth the (October 24, 2002), 67 FR 66434 (October 31, 2002) rules governing the margin that must be B. Self-Regulatory Organization’s (SR–CBOE–2002–59) (relating to margin Statement on Burden on Competition requirements for broker-dealer accounts). The Phlx notes that Chicago Board Options Exchange 5 The phrase, ‘‘Rule 722. Margin Accounts’’, This proposed rule change does not (‘‘CBOE’’) rule 12.3(g) is substantially similar to reflects the correction of a typographical error from impose any burden on competition that New York Stock Exchange, Inc. (‘‘NYSE’’) rule the rule text that Phlx submitted with the proposed 431(e)(6)(A). See Securities Exchange Act Release rule change. Telephone conversation between Mark 7 No. 42453 (February 24, 2000), 65 FR 11620 (March I. Salvacion, Director and Counsel, Phlx, and Tim 12 CFR 220.1 et seq. 3, 2000) (SR–NYSE–1997–27) (order approving a Fox, Attorney, Division of Market Regulation, 8 17 CFR 240.15c3–1. proposed rule change affecting the margin Commission on April 3, 2003. 9 15 U.S.C. 78f(b). calculation for broker-dealer accounts). 6 17 CFR 240.15c3–1. 10 15 U.S.C. 78f(b)(5).

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is not necessary or appropriate in provisions of 5 U.S.C. 552, will be administrators, or public officials. furtherance of the purposes of the Act. available for inspection and copying in Activities may include any appropriate the Commission’s Public Reference combination of teaching, consultation, C. Self-Regulatory Organization’s Room. Copies of such filing will also be study, distance education, and outreach. Statement on Comments on the available for inspection and copying at The fundamental objective of the Proposed Rule Change Received from project is to provide participants in Members, Participants or Others the principal office of the Phlx. All submissions should refer to File No. Montenegro with skills in public No written comments were either SR–Phlx–2003–14 and should be administration and public policy solicited or received. submitted by May 1, 2003. development with an emphasis on practical training for local government III. Date of Effectiveness of the For the Commission, by the Division of Proposed Rule Change and Timing for Market Regulation, pursuant to delegated administration. The project should Commission Action authority.14 provide program participants from Margaret H. McFarland, Montenegro with the necessary tools to The Phlx has designated the foregoing strengthen Montenegro’s managerial Deputy Secretary. proposed rule change as effecting a capacity and its decision-making change that: (1) Does not significantly [FR Doc. 03–8731 Filed 4–9–03; 8:45 am] processes, especially at the local level. affect the protection of investors or the BILLING CODE 8010–01–P Applicants may propose to pursue public interest; (2) does not impose any this objective in ways that reflect their significant burden on competition; and own institutional strengths as well as (3) by its terms does not become DEPARTMENT OF STATE the interests, needs, and capacities of operative for 30 days from the date of [Public Notice 4332] the institutional partner(s) in filing, or such shorter time as the Montenegro. For example, applicants Commission may designate if consistent Bureau of Educational and Cultural may propose to develop a curriculum in with the protection of investors and the Affairs Request for Grant Proposals for public administration and public policy 11 public interest. Accordingly, the a Project To Support Training in Public development and to design and organize proposed rule change has become Administration and Public Policy in-service training workshops for effective pursuant to section 19(b)(3)(A) Development in Montenegro currently employed administrators and of the Act 12 and rule 19b–4(f)(6) officials based on the curriculum and thereunder.13 At any time within 60 SUMMARY: The Office of Global related training materials. Applicants days of the filing of such proposed rule Educational Programs of the Bureau of may also propose to develop change, the Commission may summarily Educational and Cultural Affairs curriculum, materials, and training for abrogate such rule change if it appears announces an open competition for a students preparing for careers as public to the Commission that such action is project to support training in public servants and administrators or as policy necessary or appropriate in the public administration and public policy analysts and policy developers. Other interest, for the protection of investors, development in Montenegro. Public and project designs and emphases may also or otherwise in furtherance of the private non-profit organizations meeting be proposed. Applicants are invited to purposes of the Act. the provisions described in Internal propose appropriate topics based on IV. Solicitation of Comments Revenue Code section 26 U.S.C. consultations with their counterparts in 501(c)(3) may submit proposals to train Montenegro and their knowledge of Interested persons are invited to faculty, students, administrators, public local needs. Topics of potential interest submit written data, views and officials, and other practitioners in this include decentralization, resource arguments concerning the foregoing, field. Applicants are encouraged to allocation strategies, anti-corruption including whether the proposed rule propose creative strategies to target the practices, transparency in government, change is consistent with the Act. training needs of current and future financial management and control, Persons making written submissions public administrators and policy-makers budgeting and accounting, procurement, should file six copies thereof with the in Montenegro within the general organizational development, local Secretary, Securities and Exchange guidelines provided in this document. government management, taxation, and Commission, 450 Fifth Street, NW., Applicants are also invited to propose strategic planning. Washington, DC 20549–0609. Copies of one or more partner institution(s) in the submission, all subsequent Montenegro with which to cooperate in U.S. Institution and Participant amendments, all written statements project implementation, and should Eligibility with respect to the proposed rule explain why each institutional partner In the United States, participation in change that are filed with the is appropriate to the objectives of the the program is open to accredited Commission, and all written project. colleges and universities as well as communications relating to the other organizations meeting the proposed rule change between the Program Information provisions described in IRS regulation Commission and any person, other than Overview: The project will support 26 CFR 1.501(c). Applications from those that may be withheld from the training in public administration and consortia or other combinations of U.S. public in accordance with the public policy development for current colleges and universities are eligible. and future public administrators and The lead U.S. organization in the 11 As required under Securities Exchange Act rule policy-makers in Montenegro. One grant consortium or other combination of 19b–4(f)(6)(iii), the Phlx provided the Commission with written notice of its intent to file the proposed will be awarded in an amount not to cooperating institutions is responsible rule change, along with a brief description and text exceed approximately $270,000 for a for submitting the application. Each of the proposed rule change, at least five business period of up to three years to support application must document the lead days prior to the filing date or such shorter period this training effort through exchanges of organization’s authority to represent all as designated by the Commission. See Prefiling Notice of Proposed Rule Change (SR–Phlx–2003– faculty, students, non-government U.S. cooperating partners. 14), dated March 11, 2003. organization representatives, public Participants who are traveling under 12 15 U.S.C. 78s(b)(3)(A). the Bureau’s grant funds may include 13 17 CFR 240.19b–4(f)(6). 14 17 CFR 200.30–3(a)(12). teachers, researchers, public

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administration practitioners, public refer to the Solicitation Package for transmit these files electronically to the officials, advanced students who are complete budget guidelines and Public Affairs Section at the US teaching or research assistants, and formatting instructions. Embassy in Belgrade and to the Branch educational administrators. Announcement Title and Number: All Public Affairs Section in Podgorica for correspondence with the Bureau their review, with the goal of reducing Foreign Institutional and Participant concerning this RFGP should reference Eligibility the time it takes to include these the above title and number ECA/A/S/U– comments in the Bureau’s grants review The applicant is invited to propose a 03–19. process. university or one or more other not-for- FOR FURTHER INFORMATION CONTACT: Diversity, Freedom and Democracy profit entities in Montenegro that are Contact the Humphrey Fellowships and Guidelines willing to serve as the institutional Institutional Linkages Branch, Office of partner for this project. Secondary Global Educational Programs, Bureau of Pursuant to the Bureau’s authorizing foreign partners may include relevant Educational and Cultural Affairs; ECA/ legislation, programs must maintain a governmental and non-governmental A/S/U, Room 349, SA–44; U.S. non-political character and should be organizations, as well as non-profit Department of State, 301 4th Street, balanced and representative of the service, educational, or professional SW., Washington, DC 20547, phone diversity of American political, social, organizations concerned with issues in (202) 260–6797, fax: (202) 401–1433, e- and cultural life. ‘‘Diversity’’ should be public administration training. The mail: [email protected] to request a interpreted in the broadest sense and program must comply with J–1 visa Solicitation Package. The Solicitation encompass differences including, but regulations. Please refer to Solicitation Package contains detailed award not limited to ethnicity, race, gender, Package for further information. criteria, required application forms, religion, geographic location, socio- If the proposed project would occur specific budget instructions, and within the context of a previous or economic status, and physical standard guidelines for proposal challenges. Applicants are strongly ongoing project, the proposal should preparation. Please specify Bureau explain how the request for Bureau encouraged to adhere to the Program Officer Maria Urbina on all advancement of this principle both in funding would build on the current or other inquiries and correspondence. prior relationship or complement program administration and in program Please read the complete Federal content. Please refer to the review previous and concurrent projects, which Register announcement before sending must be listed and described with criteria under the ‘Support for Diversity’ inquiries or submitting proposals. Once section for specific suggestions on details about the amounts and sources the RFGP deadline has passed, Bureau of external support. Previous projects incorporating diversity into the total staff may not discuss this competition proposal. Public Law 104–319 provides should be described in the proposal, with applicants until the proposal and the results of the evaluation of that ‘‘in carrying out programs of review process has been completed. educational and cultural exchange in previous cooperative efforts should be To Download a Solicitation Package countries whose people do not fully summarized. Via Internet: The entire Solicitation enjoy freedom and democracy,’’ the Package may be downloaded from the Budget Guidelines Bureau ‘‘shall take appropriate steps to Bureau’s Web site at http:// provide opportunities for participation The Bureau anticipates awarding one exchanges.state.gov/education/RFGPs. in such programs to human rights and grant not to exceed approximately Please read all information before democracy leaders of such countries.’’ $270,000 under this grant competition. downloading. Bureau grant guidelines require that Public Law 106–113 requires that the organizations with less than four years Deadline for Proposals governments of the countries described experience in conducting international All proposal copies must be received above do not have inappropriate exchanges be limited to $60,000 in at the Bureau of Educational and influence in the selection process. Bureau funding; therefore, organizations Cultural Affairs by 5 p.m. Washington, Proposals should reflect advancement of that can not demonstrate at least four DC time on Friday, May 30, 2003. Faxed these goals in their program contents, to years experience in conducting documents will not be accepted at any the full extent deemed feasible. international exchanges are ineligible to time. Documents postmarked the due Adherence to All Regulations apply under this competition. date but received on a later date will not Governing the J Visa Applicants must submit a be accepted. Each applicant must ensure comprehensive budget for the entire that the proposals are received by the The Bureau of Educational and project. There must be a summary above deadline. Cultural Affairs is placing renewed budget as well as breakdowns reflecting Applicants must follow all emphasis on the secure and proper both administrative and program instructions in the Solicitation Package. administration of Exchange Visitor (J budgets. Applicants may provide The original and 8 copies of the visa) Programs and adherence by separate sub-budgets for each program application should be sent to: U.S. grantees and sponsors to all regulations component, phase, location, or activity Department of State, SA–44, Bureau of governing the J visa. Therefore, to provide clarification. Funds will be Educational and Cultural Affairs, Ref.: proposals should demonstrate the awarded for a period up to three years ECA/A/S/U 03–19, Program applicant’s capacity to meet all to defray the costs of exchanges, to Management, ECA/EX/PM, Room 534, requirements governing the provide educational materials, to 301 4th Street, SW., Washington, DC administration of Exchange Visitor increase library holdings, to develop 20547. Programs as set forth in 22 CFR 6Z, workshops for public managers and to Applicants must also submit the including the oversight of Responsible improve Internet connections. ‘‘Executive Summary’’ and ‘‘Proposal Officers and Alternate Responsible Administrative costs should be Narrative’’ sections of the proposal on a Officers, screening and selection of reasonable and should be kept to the 3.5″ diskette, formatted for DOS. These program participants, provision of pre- lowest possible level without documents must be provided in ASCII arrival information and orientation to jeopardizing the effectiveness of project text (DOS) format with a maximum line participants, monitoring of participants, administration and oversight. Please length of 65 characters. The Bureau will proper maintenance and security of

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forms, record-keeping, reporting and relevant work plan should demonstrate Authority other requirements. substantive undertakings and logistical The Grantee organization will be capacity. The agenda and plan should Overall grant making authority for responsible for issuing DS–2019 forms be consistent with project objectives. this program is contained in the Mutual to participants in this program. Educational and Cultural Exchange Act A copy of the complete regulations (3) Institutional Commitment to of 1961, Pub. L. 87–256, as amended, governing the administration of Cooperation also known as the Fulbright-Hays Act. The purpose of the Act is ‘‘to enable the Exchange Visitor (J) programs is The proposed project should Government of the United States to available at http://exchanges.state.gov demonstrate significant understanding increase mutual understanding between or from: United States Department of of the institutional and training needs the people of the United States and the State, Office of Exchange Coordination and capacities of the partner institutions people of other countries * * *; to and Designation, ECA/EC/ECD–SA–44, in Montenegro together with a strong strengthen the ties which unite us with Room 734, 301 4th Street, SW., commitment of the partner institutions, other nations by demonstrating the Washington, DC 20547. Telephone: during and after the period of grant educational and cultural interests, (202) 401–9810. FAX: (202) 401–9809. activity, to cooperate with one another developments, and achievements of the in the mutual pursuit of institutional Review Process people of the United States and other objectives. The Bureau will acknowledge receipt nations * * * and thus to assist in the of all proposals and will review them (4) Project Impact development of friendly, sympathetic for technical eligibility. Proposals will and peaceful relations between the be deemed ineligible if they do not fully The proposed project should United States and the other countries of adhere to the guidelines stated herein demonstrate significant potential long- the world.’’ The funding authority for and in the Solicitation Package. All term impact on public administration the program above is provided through eligible proposals will be reviewed by practices in Montenegro. legislation. The funding authority for the program office, as well as the public (5) Support of Diversity the program cited above is provided diplomacy section of the U.S. Embassy through the Support for East European in Belgrade including the branch office Proposals should demonstrate Democracies (SEED) Act of 1989. in Podgorica. Eligible proposals will be substantive support of the Bureau’s Notice subject to compliance with Federal and policy on diversity by explaining how Bureau regulations and guidelines and issues of diversity are included in The terms and conditions published forwarded to Bureau grant panels for project objectives for all institutional in this RFGP are binding and may not advisory review. Proposals may also be partners. Issues resulting from be modified by any Bureau reviewed by the Office of the Legal differences of race, ethnicity, gender, representative. Explanatory information Adviser or by other Department religion, geography, socio-economic provided by the Bureau that contradicts elements. Final funding decisions are at status, or physical challenge should be published language will not be binding. the discretion of the Department of addressed during project Issuance of the RFGP does not State’s Assistant Secretary for implementation. In addition, project constitute an award commitment on the Educational and Cultural Affairs. Final participants and administrators should part of the Government. The Bureau technical authority for an assistance reflect the diversity within the societies reserves the right to reduce, revise, or grant award resides with the Bureau’s which they represent (see the section of increase proposal budgets in accordance Grants Officer. this document on ‘‘Diversity, Freedom with the needs of the program and the and Democracy Guidelines’’). Proposals Review Criteria availability of funds. Awards made will should also discuss how the various be subject to periodic reporting and Technically eligible applications will institutional partners approach diversity evaluation requirements. be competitively reviewed according to issues in their respective communities the criteria stated below. These criteria or societies. Notification are not rank ordered and all carry equal weight in the proposal evaluation: (6) Project Evaluation Final awards cannot be made until funds have been appropriated by (1) Broad and Enduring Significance of Proposals should include a plan and Congress, allocated and committed Project Objectives methodology to evaluate the degree to through internal Bureau procedures. which project objectives have been Project objectives should have Dated: April 3, 2003. significant and ongoing results for the addressed, both while the project is underway and at its conclusion. The Patricia S. Harrison, participating institutions and for the Assistant Secretary for Educational and surrounding communities by providing final project evaluation should include an external evaluation component and Cultural Affairs, Department of State. a deepened understanding of critical [FR Doc. 03–8840 Filed 4–9–03; 8:45 am] issues in public administration in should provide observations about the BILLING CODE 4710–05–P Montenegro. Proposals should exhibit project’s influence within the originality, substance, precision, and participating institutions as well as the relevance to the Bureau’s mission. surrounding communities. (2) Creativity and Feasibility of Strategy (7) Cost-effectiveness DEPARTMENT OF TRANSPORTATION To Achieve Project Objectives Administrative and program costs Office of the Secretary Strategies to achieve project objectives should be reasonable and appropriate should be feasible and relevant to the with cost sharing provided by all In the Matter of the Commuter Air transition process in the public sector of participating institutions within the Carrier Authority of Samoa Aviation, Montenegro and should be realistic context of their respective capacities. Inc. within the projected budget and We view cost sharing as a reflection of timeframe. A detailed agenda and institutional commitment to the project. AGENCY: Department of Transportation.

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ACTION: Notice of Order to Show Cause 2002 for transit improvements in the Coordinator at (503) 797–1864 or (e- (Order 2003–4–6), Docket OST–2003– South/North Transit Corridor mail) [email protected]. Written 14871. (hereinafter the ‘‘South Corridor Comments should be sent to Sharon Project’’) of the Portland, Oregon Kelly, South Corridor Project, Metro, SUMMARY: The Department of metropolitan region. The North Corridor 600 NE Grand Avenue, Portland, OR Transportation is directing all interested Interstate MAX FEIS was published and 97232. Additional information on the persons to show cause why it should the project is under construction. South Corridor Project can also be found not issue an order that (1) finds that Conditions have changed since the on the Metro Web site at: http:// Samoa Aviation, Inc., has failed to South/North DEIS and the South www.metro-region.org. demonstrate that it continues to meet Corridor Project SDEIS were published. SUPPLEMENTARY INFORMATION: the Department’s fitness standards, and The agencies now intend to prepare an I. Notice of Intent (2) revokes the company’s commuter air amendment to that SDEIS for transit carrier authority. improvements in the downtown This new NOI to prepare an ASDEIS DATES: Persons wishing to file Portland segment only. is being published at this time to re- objections should do so no later than The purpose of this new Notice of notice interested parties due to the April 18, 2003. Intent is to re-notify interested parties of changes that have occurred since the ADDRESSES: Objections and answers to the intent to prepare an Amendment to initial NOI (October 1993), publication objections should be filed in Docket and the SDEIS (hereinafter referred to as of the South/North DEIS (February addressed to the Department of ‘‘ASDEIS’’) and invite participation in 1998), publication of the North Corridor Transportation Dockets (M–30, Room the study. This study will focus on the Interstate MAX Light Rail Project FEIS PL–401), U.S. Department of impacts of adding the downtown (October 1999), and publication of the Transportation, 400 Seventh Street, Portland Transit Mall LRT alignment to South Corridor Project SDEIS (December SW., Washington, DC 20590, and should the I–205 Light Rail Transit Project, a 2002). The project proponents are re- be served upon the parties listed in part of the South Corridor Project. The examining the downtown Portland Mall Attachment A to the order. I–205 Light Rail Transit Project Alignment in the downtown Portland FOR FURTHER INFORMATION CONTACT: Ms. proposes to implement a major high segment of the South Corridor. The Delores King, Air Carrier Fitness capacity transit improvement in the FHWA and the FTA are Federal Co-Lead Division (X–56, Room 6401), U.S. South Corridor part of the South/North agencies. Because the study is primarily Department of Transportation, 400 Corridor, that maintains livability in the a transit study, FTA regulations and Seventh Street, SW., Washington, DC metropolitan region, supports land use guidance will be used for the analysis 20590, (202) 366–2343. goals, optimizes the transportation and preparation of the ASDEIS. Dated: April 4, 2003. system, is environmentally sensitive, II. Study Area reflects community values and is Read C. Van De Water, The South Corridor generally fiscally responsive. Three transit Assistant Secretary for Aviation and encompasses the southeast quadrant of International Affairs. alternatives (described below) will be the Portland, Oregon metropolitan area, evaluated in the ASDEIS. [FR Doc. 03–8812 Filed 4–9–03; 8:45 am] including downtown Portland, Meeting Dates: Agency Coordination BILLING CODE 4910–62–M Southeast Portland neighborhoods, the Meeting: an agency coordination City of Milwaukie, the City of meeting will be held on April 22 at 1 Gladstone, the City of Oregon City and DEPARTMENT OF TRANSPORTATION pm, at the Portland Building Room C, urban unincorporated Clackamas 1120 SW Fifth Avenue, Portland, County (east of the Willamette River). Federal Transit Administration Oregon. Public Information Meeting: a The focus of this supplemental study public information meeting will be held will be in the downtown Portland area. Federal Highway Administration on April 22 from 4 to 7 pm at the Portland Building Room C, 1120 SW III. Alternatives Amendment to Supplemental Draft Fifth Avenue, Portland, Oregon. The Three Alternatives will be evaluated Environmental Impact Statement for Portland Building is accessible to in the SDEIS. The No-Build Alternative the South Corridor Portion of the persons with disabilities. Any will provide the basis for comparison of South/North Transit Corridor Project in individual with a disability who the build alternative. The No-Build the Portland, OR Metropolitan Area requires special assistance, such as a Alternative includes the existing (Affects the Downtown Portland sign language interpreter, should transportation system plus multi-modal Segment Only) contact Kristin Hull at (503) 797–1864, transportation improvements that would at least 48-hours in advance of the AGENCY: Federal Transit Administration be constructed under the Regional (FTA) and Federal Highway meeting in order for Metro to make Transportation Plan Financially Administration (FHWA), DOT. necessary arrangements. Constrained Transportation Network. ACTION: Notice of Intent (NOI) to prepare FOR FURTHER INFORMATION CONTACT: The I–205 Light Rail Alternative with an Amended Supplemental Draft Agency Coordination meeting: contact the Cross Mall includes 6.5 miles of new Environmental Impact Statement. Sharon Kelly, Metro EIS Manager at light rail transit connecting to the (503) 797–1753 or (e-mail) existing light rail system at Gateway and SUMMARY: The FTA and the FHWA, in [email protected], Rebecca Reyes- extending south along I–205 to the cooperation with Portland Metro and Alicea, FTA Community Planner at Clackamas Town Center area and then Tri-County Metropolitan Transportation (206) 220–4464 or (e-mail) continuing into downtown Portland District of Oregon (TriMet), (hereinafter [email protected], Elton using the existing Eastside MAX line ‘‘agencies’’) published a Supplemental Chang, FHWA Environmental Engineer called the Cross Mall. The I–205 Light Draft Environmental Impact Statement at (503) 587–4710 or Rail Alternative with the Portland Mall (hereinafter ‘‘SDEIS’’) in accordance [email protected]. Public includes 6.5 miles of new light rail with the National Environmental Policy Information meeting: contact Kristin transit connecting to the existing light Act (hereinafter ‘‘NEPA’’) in December Hull, Metro Public Involvement rail system at Gateway and extending

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south along I–205 to the Clackamas DATES: The public meeting will be held FOR FURTHER INFORMATION CONTACT: You Town Center area and, in the north, on Wednesday, April 23, 2003, may contact Richard Sanders at (405) includes a section continuing into beginning at 8:30 a.m., ending at 4 p.m. 954–7214 or (405) 954–7219, regarding downtown Portland using the Portland ADDRESSES: The public meeting will be the agenda of this public meeting. Mall Alignment. There is a terminus held at the Double Tree Hotel Atlanta- General information about OPS option at SW Main Street and design Buckhead, 3342 Peachtree Road, programs may be obtained by accessing option of using Island Stations with this Atlanta, GA 30326 (telephone: 404/231– OPS’s Internet home page at http:// alternative. 1234, fax: 404/231–5236, Web: http:// ops.dot.gov. Information on Services for IV. Probable Effects www.doubletreebuckhead.com. The deadline for making a hotel reservation Individuals with Disabilities: For FTA, FHWA, Metro and TriMet will is April 11, 2003, (refer to the U.S information on facilities or services for evaluate all significant transportation, Department of Transportation (DOT) individuals with disabilities or to environmental, social and economic (Operation Qualification Group block request special assistance, contact Janice impacts of the alternatives. Primary for government rates). Morgan at (202) 366–2392. issues include: support of state, regional This meeting is free and open to the SUPPLEMENTARY INFORMATION: The and local land use and transportation public. You may register electronically operator qualification rule at 49 CFR plans and policies, cost effective for this meeting at: http:// 192.801 (for gas pipelines) and at 49 expansion of the transit system, primis.rspa.dot.gov/meetings. The CFR 195.501 (for hazardous liquid preservation of capacity enhancement program will continue to address the 13 pipelines) requires every pipeline options of I–205, neighborhood impacts issues generated by the first public operator to have and follow a written and environmental sensitivity. The meeting held in January 2003, and will qualification program that includes impacts will be evaluated for both the be open for technical input. Discussion provisions to identify covered tasks and construction period and for the long- will include protocols and explanation to ensure that all persons performing term period of operation. Measures to of changes, supplementary guidance, these tasks are qualified. By October 28, mitigate any significant impact will be definitions of terms, and development 2002, all gas and hazardous liquid developed. of a national consensus standard. pipeline operators should have Issued on: March 31, 2003. Persons wishing to make a presentation completed the qualification of all Richard Krochalis, or statement at the meeting should individuals performing covered tasks on pipeline facilities. Regional Administrator, Region X, Federal notify Janice Morgan, (202) 366–2392, Transit Administration. no later than April 14, 2003. On April 23, 2003, OPS will conduct a public meeting to continue Elton Chang, Although we encourage persons wishing to comment on operator discussions on the progress in Environmental Engineer, Oregon Division, implementing the operator qualification Federal Highway Administration. qualification and inspection protocols to rule for gas and hazardous liquid [FR Doc. 03–8692 Filed 4–9–03; 8:45 am] participate in the public meeting, written comments will be accepted. You pipelines. The meeting will focus on BILLING CODE 4910–57–P may submit written comments on development of the 13 OQ issues operator qualification and inspection identified at previous public meetings on February 25, 2003, in Houston, TX, DEPARTMENT OF TRANSPORTATION issues by mail or delivery to the Dockets Facility, DOT, Room PL–401, 400 and March 25, 2003, in Mesa, AZ, and Research and Special Programs Seventh Street, SW., Washington, DC are as follows: Administration 20590–0001. The Dockets Facility is 1. Scope of Operator Qualification. open from 10 a.m. to 5 p.m., Monday 2. Evaluation of Knowledge, Skills, and Physical Ability. [Docket No. RSPA–03–14448: Notice 3] through Friday, except on Federal holidays. You should submit the 3. Re-evaluation Intervals. 4. Maintenance versus New original and one copy. Anyone who Pipeline Safety: Qualification of Construction. Pipeline Personnel wants confirmation of receipt of their 5. Treatment of Emergency Response. comments must include a stamped, self- 6. Additional Covered Tasks. AGENCY: Office of Pipeline Safety, addressed postcard. You may also 7. Extent of Documentation. Research and Special Programs submit comments to the docket 8. Abnormal Operating Conditions. Administration, DOT. electronically. To do so, log on to the 9. Treatment of Training. ACTION: Notice of public meeting. Internet Web address at http:// 10. Criteria for Small Operators. dms.dot.gov and select ‘‘Help’’ for 11. Direction of Observation of Non- SUMMARY: The Research and Special instructions on electronic filing of qualified People. Programs Administration’s (RSPA) comments. All written comments 12. Noteworthy Practices. Office of Pipeline Safety (OPS) will should identify the Docket Number 13. Persons Contributing to an conduct a public meeting to discuss RSPA–03–14448; Notice 3. Incident or Accident. progress in implementing the operator Anyone is able to search the All persons attending the meeting will qualification (OQ) rule for gas and electronic form of all comments have an opportunity to comment on hazardous liquid pipelines. OPS will received into any of our dockets by the operator qualification compliance issues continue to develop the protocols and name of the individual submitting the and to question the expert panel on the supplementary guidance materials, and comments (or signing the comments, if new operator qualification compliance provide continued opportunities for submitted on behalf of an association, protocols. public comment. A record of previous business, labor union, etc.). You may public meetings on Qualification of review DOT’s complete Privacy Act Issued in Washington, DC on April 7, 2003. Pipeline Personnel that were held in Statement in the Federal Register Stacey L. Gerard, San Antonio, TX; Houston, TX; and published on April 11, 2000 (volume 65, Associate Administrator for Pipeline Safety. Phoenix, AZ, are available in this docket number 70; pages 9477–78), or you may [FR Doc. 03–8815 Filed 4–9–03; 8:45 am] (RSPA–03–14448). visit http://dms.dot.gov. BILLING CODE 4910–60–P

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DEPARTMENT OF VETERANS DISABILITY COMPENSATION (38 DIC TO A SURVIVING SPOUSE (38 AFFAIRS U.S.C. 1114) U.S.C. 1311(A)(3))

Adjustments in Rates for Disability Monthly Pay grade Monthly rate Compensation and Dependency and Affected statute (evaluation) rate Indemnity Compensation O–8 ...... 1,722 38 U.S.C. 1114(j) (100%) ...... $2,193 O–9 ...... 1,843 AGENCY: Department of Veterans Affairs. 38 U.S.C. 1114(k) ...... $81; O–10\2\ ...... 2,021 ACTION: Notice. $2,728; $81; 1 If the veteran served as Sergeant Major of SUMMARY: As required by the Veterans’ $3,827 the Army, Senior Enlisted Advisor of the Navy, 38 U.S.C. 1114(l) ...... $2,728 Chief Master Sergeant of the Air Force, Ser- Compensation Cost-of-Living geant Major of the Marine Corps, or Master Adjustment Act of 2002, Pub. L. 107– 38 U.S.C. 1114(m) ...... $3,010 Chief Petty Officer of the Coast Guard, the 247, the Department of Veterans Affairs 38 U.S.C. 1114(n) ...... $3,425 surviving spouse’s monthly rate is $1,165. (VA) is hereby giving notice of 38 U.S.C. 1114(o) ...... $3,827 2 If the veteran served as Chairman or Vice 38 U.S.C. 1114(p) ...... $3,827 Chairman of the Joint Chiefs of Staff, Chief of adjustments in certain benefit rates. 38 U.S.C. 1114(r) ...... $1,643; Staff of the Army, Chief of Naval Operations, These adjustments affect the disability $2,446 Chief of Staff of the Air Force, Commandant of compensation and dependency and 38 U.S.C. 1114(s) ...... $2,455 the Marine Corps, or Commandant of the indemnity compensation (DIC) Coast Guard, the surviving spouse’s monthly rate is $2,168. programs. ADDITIONAL COMPENSATION FOR DATES: These adjustments are effective DEPENDENTS (38 U.S.C. 1115(1)) DIC TO CHILDREN (38 U.S.C. December 1, 2002, the date provided by 1313(A)) Pub. L. 107–247. Monthly FOR FURTHER INFORMATION CONTACT: Paul Affected statute rate Affected statute Monthly rate Trowbridge, Consultant, Compensation and Pension Service (212B), Veterans 38 U.S.C. 1115(1)(A) ...... $125 38 U.S.C. 1313(a)(1) ...... $402 Benefits Administration, Department of 38 U.S.C. 1115(1)(B) ...... $215; 64 38 U.S.C. 1313(a)(2) ...... $578 Veterans Affairs, 810 Vermont Avenue, 38 U.S.C. 1115(1)(C) ...... $85; 64 38 U.S.C. 1313(a)(3) ...... $752 38 U.S.C. 1313(a)(4) ...... $752; $145 NW, Washington, DC 20420, (202) 273– 38 U.S.C. 1115(1)(D) ...... $101 38 U.S.C. 1115(1)(E) ...... $237 7218. 38 U.S.C. 1115(1)(F) ...... $198 SUPPLEMENTARY INFORMATION: Section 2 SUPPLEMENTAL DIC TO CHILDREN of Pub. L. 107–247 provides for an Clothing Allowance (38 U.S.C. 1162) (38 U.S.C. 1314) increase in each of the rates in sections 1114, 1115(1), 1162, 1311, 1313(a), and $588 per year 1. Affected statute Monthly rate 1314 of title 38, United States Code. VA is required to increase these benefit DIC TO A SURVIVING SPOUSE (38 38 U.S.C. 1314(a) ...... $237 rates by the same percentage as the U.S.C. 1311) 38 U.S.C. 1314(b) ...... 402 38 U.S.C. 1314(c) ...... 201 percentage by which benefit amounts payable under title II of the Social Affected statute Monthly rate Dated: April 2, 2003. Security Act are increased effective 38 U.S.C. 1311(a)(1) ...... $948 December 1, 2002. In computing 38 U.S.C. 1311(a)(2) ...... 204 Anthony J. Principi, increased rates in the cited title 38 38 U.S.C. 1311(b) ...... 237 Secretary of Veterans Affairs. sections, fractions of a dollar are 38 U.S.C. 1311(c) ...... 237 [FR Doc. 03–8724 Filed 4–9–03; 8:45 am] rounded down to the nearest dollar. The 38 U.S.C. 1311(d) ...... 113 BILLING CODE 8320–01–P increased rates are required to be published in the Federal Register. The Social Security Administration DIC TO A SURVIVING SPOUSE (38 DEPARTMENT OF VETERANS has announced a 1.4 percent cost-of- U.S.C. 1311(A)(3)) AFFAIRS living increase in Social Security benefits effective December 1, 2002. Pay grade Monthly rate President’s Task Force To Improve Health Care Delivery for Our Nation’s Therefore, applying the same percentage E–1 ...... $948 increase, the following rates for VA E–2 ...... 948 Veterans, Notice of Meeting compensation and DIC programs will be E–3 ...... 948 The Department of Veterans Affairs effective December 1, 2002: E–4 ...... 948 E–5 ...... 948 (VA) gives notice under Public Law 92– 463 (Federal Advisory Committee Act) DISABILITY COMPENSATION (38 E–6 ...... 948 that a meeting of the President’s Task U.S.C. 1114) E–7 ...... 980 E–8 ...... 1,035 Force to Improve Health Care Delivery E–9\1\ ...... 1,080 for Our Nation’s Veterans is scheduled Monthly Affected statute (evaluation) rate W–1 ...... 1,001 for Thursday, April 24, 2003, beginning W–2 ...... 1,042 at 9 a.m. and adjourning at 5 p.m. The 38 U.S.C. 1114(a) (10%) ...... $104 W–3 ...... 1,072 meeting will be held in the Jefferson 38 U.S.C. 1114(b) (20%) ...... $201 W–4 ...... 1,134 Ballroom of the Radisson Hotel Old 38 U.S.C. 1114(c) (30%) ...... $310 O–1 ...... 1,001 O–2 ...... 1,035 Town, 901 North Fairfax Street, 38 U.S.C. 1114(d) (40%) ...... $445 Alexandria, VA. The meeting is open to 38 U.S.C. 1114(e) (50%) ...... $633 O–3 ...... 1,107 38 U.S.C. 1114(f) (60%) ...... $801 O–4 ...... 1,171 the general public. 38 U.S.C. 1114(g) (70%) ...... $1,008 O–5 ...... 1,289 The purpose of the President’s Task 38 U.S.C. 1114(h) (80%) ...... $1,171 O–6 ...... 1,453 Force to Improve Health Care Delivery 38 U.S.C. 1114(i) (90%) ...... $1,317 O–7 ...... 1,570 for Our Nation’s Veterans is to:

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(a) Identify ways to improve benefits President’s Task Force to Improve property with a selected lessee/ and services for Department of Veterans Health Care Delivery for Our Nation’s developer who will finance, design, Affairs (VA) beneficiaries and Veterans, 1401 Wilson Boulevard, 4th develop, maintain and manage a Federal Department of Defense (DoD) military Floor, Arlington, Virginia, 22209. Credit Union, at no cost to VA. retirees who are also eligible for benefits Dated: April 2, 2003. FOR FURTHER INFORMATION CONTACT: from VA, through better coordination of By Direction of the Secretary: Vanessa Chambers, Capital Asset the activities of the two departments; R. Philip Riggin, Management and Planning Service (b) Identify opportunities to remove Committee Management Officer. (182C), Department of Veterans Affairs, barriers that impede VA and DoD 810 Vermont Avenue, NW., [FR Doc. 03–8725 Filed 4–9–03; 8:45 am] coordination, including budgeting Washington, DC 20420, (202) 565–6554. processes, timely billing, cost BILLING CODE 8320–01–M SUPPLEMENTARY INFORMATION: 38 U.S.C. accounting, information technology, and Section 8161 et seq. specifically reimbursement; and DEPARTMENT OF VETERANS provides that the Secretary may enter (c) Identify opportunities through AFFAIRS into an enhanced-use lease if he partnership between VA and DoD, to determines that at least part of the use maximize the use of resources and Enhanced-Use Lease Development of of the property under the lease will be infrastructure, including buildings, Property at the Department of Veterans to provide appropriate space for an information technology and data sharing Affairs Medical Center, Minneapolis, activity contributing to the mission of systems, procurement of supplies, MN the Department; the lease will not be equipment and services. inconsistent with and will not adversely The morning and afternoon sessions AGENCY: Department of Veterans Affairs. affect the mission of the Department; of the April 24, meeting will focus on ACTION: Notice of intent of designate. and the lease will enhance the property consideration and approval of the Task or result in improved services to Force’s final report for submission to the SUMMARY: The Secretary of the veterans. This project meets these President. It is expected that this will be Department of Veterans Affairs (VA) is requirements. the final meeting of the Task Force. designating 0.5 acres of underutilized No time will be allocated at this space at the Department of Veterans Approved: April 2, 2003. meeting for receiving oral presentations Affairs Medical Center, Minneapolis, Anthony J. Principi, from the public. Interested parties can Minnesota, for an enhanced-use leasing Secretary of Veterans Affairs. provide written comments to Mr. Dan development. The Department intends [FR Doc. 03–8726 Filed 4–9–03; 8:45 am] Amon, Communications Director, to enter into a 35-year lease of real BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 68, No. 69

Thursday, April 10, 2003

This section of the FEDERAL REGISTER GENERAL SERVICES column, in the correction of notice contains editorial corrections of previously ADMINISTRATION document 03–6662, in paragraph 5., in published Presidential, Rule, Proposed Rule, the fourth line, ‘‘If’’ should read, ‘‘It’’. and Notice documents. These corrections are [GSA Bulletin FTR 2003–B1] prepared by the Office of the Federal [FR Doc. C3–6662 Filed 4–9–03; 8:45 am] Register. Agency prepared corrections are eTravel Initiative BILLING CODE 1505–01–D issued as signed documents and appear in the appropriate document categories Correction elsewhere in the issue. In the issue of Thursday, April 3, 2003, on page 16351, in the second

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Reader Aids Federal Register Vol. 68, No. 69 Thursday, April 10, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 92...... 16922 Presidential Documents 3 CFR 93...... 16922 Executive orders and proclamations 741–6000 Proclamations: 94...... 15932, 16922 The United States Government Manual 741–6000 7657...... 15921 98...... 16922 7658...... 16403 130...... 16922 Other Services 7659...... 17253 Electronic and on-line services (voice) 741–6020 Proposed Rules: Executive Orders: 77...... 16733 Privacy Act Compilation 741–6064 10448 (Amended by 105...... 17327 Public Laws Update Service (numbers, dates, etc.) 741–6043 13293) ...... 15917 115...... 17327 TTY for the deaf-and-hard-of-hearing 741–6086 11157 (Revoked by 13294) ...... 15919 10 CFR 11800 (Revoked by Proposed Rules: ELECTRONIC RESEARCH 13294) ...... 15919 170...... 16374 12452 (Revoked by World Wide Web 171...... 16374 13295) ...... 17255 Full text of the daily Federal Register, CFR and other publications 13293...... 15917 11 CFR is located at: http://www.access.gpo.gov/nara 13294...... 15919 Federal Register information and research tools, including Public 13295...... 17255 110...... 16715 Inspection List, indexes, and links to GPO Access are located at: Administrative Orders: 12 CFR http://www.archives.gov/federallregister/ Memorandums: 226...... 16185 E-mail Memorandum of March 28, 2003 ...... 17529 1730...... 16715 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Presidential Proposed Rules: an open e-mail service that provides subscribers with a digital Determinations: 702...... 16450 form of the Federal Register Table of Contents. The digital form No. 2003–18 of March 704...... 16450 of the Federal Register Table of Contents includes HTML and 24, 2003 ...... 16165 712...... 16450 PDF links to the full text of each document. No. 2003–19 of March 723...... 16450 24, 2003 ...... 16167 To join or leave, go to http://listserv.access.gpo.gov and select 13 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 5 CFR (or change settings); then follow the instructions. Proposed Rules: 5201...... 16398 121...... 15971 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 14 CFR service that notifies subscribers of recently enacted laws. 870...... 17315 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1600...... 16449 1...... 16943 and select Join or leave the list (or change settings); then follow 1605...... 16449 39 ...... 15653, 15937, 16190, the instructions. 1606...... 16449 16192, 16195, 16198, 16200, FEDREGTOC-L and PENS are mailing lists only. We cannot 1655...... 16449 16203, 16205, 16948, 17544 respond to specific inquiries. 71 ...... 16207, 16351, 16409, 7 CFR 16410, 16943, 16950, 16951, Reference questions. Send questions and comments about the 25...... 16169 16952, 17153 Federal Register system to: [email protected] 718...... 16170 91...... 17545 The Federal Register staff cannot interpret specific documents or 723...... 16170 95...... 16943 regulations. 916...... 17257 93...... 15657 917...... 17257 97 ...... 16411, 16412, 16943 121 ...... 15884, 17514, 17545 FEDERAL REGISTER PAGES AND DATE, APRIL 923...... 15923 989...... 15926 125...... 15884 15653–15920...... 1 993...... 17267, 17539 129...... 15884 15921–16164...... 2 1412...... 16170 135...... 17545 145...... 17545 16165–16402...... 3 1413...... 16170 1465...... 17272 16403–16714...... 4 Proposed Rules: 1940...... 17153 1...... 16992 16715–16942...... 7 Proposed Rules: 21...... 16217 16943–17252...... 8 762...... 17316 25...... 16458 17253–17528...... 9 772...... 17320 39 ...... 15682, 15684, 15687, 17529–17726...... 10 930...... 15971 16220, 16222, 16225, 16458, 956...... 17325 16735, 16736, 17563 1901...... 17320 71 ...... 16227, 16229, 16230, 1941...... 17316 16992 1943...... 17316 91...... 16992 1951...... 17316, 17320 95...... 16992 97...... 16992 9 CFR 121...... 16992 71...... 16922 125...... 16992

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129...... 16992 Proposed Rules: 14...... 17549 73...... 16730, 16968 135...... 16992 2...... 16743 17...... 17549 74...... 16962, 17560 76...... 17312 15 CFR 29 CFR 40 CFR 78...... 16962 740...... 16144, 16208 70...... 16398 9...... 16708 101...... 16962 71...... 16398 742...... 16144, 16208 46...... 16708 Proposed Rules: 762...... 16208 96...... 16162 52 ...... 15661, 15664, 16721, 99...... 16162 1...... 17577 774...... 16144, 16208 16724, 16726, 16959, 17551 64...... 16250 Proposed Rules: 2509...... 16399 61...... 16726 2510...... 16399, 17472 73 ...... 16750, 16968, 17592, 911...... 16993 82...... 16728, 16729 17593 2520...... 16399, 17494 180 ...... 15945, 15958, 15963, 2550...... 16399 16 CFR 16436, 17307 2560...... 16399, 17503 Proposed Rules: 271 ...... 17308, 17553, 17556 48 CFR 2570 ...... 16399, 17484, 17506 305...... 16231 Proposed Rules: 1847...... 16969 310...... 16238, 16414 2575...... 16399 2582...... 16399 Ch. 1 ...... 16747 1852...... 16969 17 CFR 2584...... 16399 52 ...... 15696, 16644, 16748, Proposed Rules: 2589...... 16399 17002, 17331, 17573, 17576 2...... 16366 228...... 15939 2590...... 16399 82...... 16749 4...... 16366 229...... 15939 261...... 17234 13...... 16366 244...... 15939 30 CFR 271 ...... 17332, 17576, 17577 32...... 16366 249...... 15939 901...... 17545 52...... 16366 Proposed Rules: 41 CFR Proposed Rules: 240...... 15688 70...... 15691 Ch. 101 ...... 16730 49 CFR 18 CFR 72...... 15691 75...... 15691 42 CFR 1...... 16215 1305...... 17545 90...... 15691 70...... 17558 Ch. 4 ...... 16953 20 CFR 206...... 17565 71...... 17558 533...... 16868 943...... 17566 422...... 16652 665...... 15672 404...... 15658 489...... 16652 1109...... 17312 408...... 16415 31 CFR Proposed Rules: 1111...... 17312 21 CFR 800...... 16720 440...... 15973 1114...... 17312 Proposed Rules: Proposed Rules: 172...... 17277 103...... 17569 43 CFR 1308...... 16427 172...... 16751 10...... 16354 Proposed Rules: 32 CFR 173...... 16751 423...... 16214 1...... 16998 174...... 16751 Proposed Rules: 175...... 16751 10...... 16461 199...... 16247 44 CFR 176...... 16751 312...... 16249 24 CFR Ch.1 ...... 15666 177...... 16751 806b...... 16746 Proposed Rules: 61...... 15666 178...... 16751 202...... 15906 33 CFR 64...... 15967 192...... 17593 266...... 16753 902...... 16461 Ch. 1 ...... 16953 45 CFR 1000...... 17000 117 ...... 15943, 16721, 16953 164...... 17153 165...... 16955, 17291 50 CFR 26 CFR 2506...... 16437 Proposed Rules: 17 ...... 15804, 16970, 17156, 1 ...... 15940, 16430, 17002, 110...... 15691 46 CFR 17428, 17430, 17560 17277 117...... 17571 222...... 17560 40...... 15940 165...... 15694 Ch. 1 ...... 16953 48...... 15940 Ch. 3 ...... 16953 224...... 15674 49...... 15940 36 CFR Proposed Rules: 226...... 17560 54...... 17277 7...... 16432, 17292 401...... 15697 230...... 15680 301...... 16351 530...... 15978 635...... 16216 602 ...... 15940, 15942, 17277 37 CFR 540...... 17003 648...... 16731 Proposed Rules: 201...... 16958 679 ...... 15969, 16990, 17314 47 CFR 1...... 15801, 16462 Proposed Rules: 697...... 16732 49...... 15690 201...... 15972 2...... 16962 Proposed Rules: 21...... 16962 17 ...... 15876, 15879, 16602 28 CFR 38 CFR 25...... 16446, 16962 600 ...... 17004, 17005, 17333 2...... 16718 1...... 15659, 17549 54...... 15669 660...... 16754

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REMINDERS comments due by 4-15- 03; published 2-14-03 [FR ENVIRONMENTAL The items in this list were 03; published 3-31-03 [FR 03-03576] PROTECTION AGENCY editorially compiled as an aid 03-07631] DEFENSE DEPARTMENT Air quality implementation to Federal Register users. Cotton research and Engineers Corps plans; approval and Inclusion or exclusion from promotion order: Water pollution control: promulgation; various this list has no legal Cotton Board rules and Clean Water Act— States: significance. regulations; amendments; Waters of United States; Missouri; comments due by comments due by 4-14- definition; comments 4-17-03; published 3-18- 03; published 3-14-03 [FR due by 4-16-03; 03 [FR 03-06307] RULES GOING INTO 03-06164] published 2-28-03 [FR ENVIRONMENTAL EFFECT APRIL 10, 2003 AGRICULTURE 03-04768] PROTECTION AGENCY DEPARTMENT ENVIRONMENTAL Air quality implementation AGRICULTURE Animal and Plant Health PROTECTION AGENCY plans; approval and DEPARTMENT Inspection Service Air programs; approval and promulgation; various Agricultural Marketing Interstate transportation of promulgation; State plans States: Service animals and animal products for designated facilities and Missouri; comments due by Nectarines and peaches (quarantine): pollutants: 4-17-03; published 3-18- grown in— Exotic Newcastle disease; New York; comments due 03 [FR 03-06308] California; published 4-9-03 quarantine area by 4-14-03; published 3- ENVIRONMENTAL 13-03 [FR 03-05908] PROTECTION AGENCY HEALTH AND HUMAN designations— SERVICES DEPARTMENT Arizona; comments due ENVIRONMENTAL Air quality implementation plans; approval and Quarantine, inspection, and by 4-15-03; published PROTECTION AGENCY promulgation; various licensing: 2-14-03 [FR 03-03685] Air programs; approval and promulgation; State plans States: Communicable diseases COMMERCE DEPARTMENT for designated facilities and Missouri; comments due by control— National Oceanic and pollutants: 4-17-03; published 3-18- Atmospheric Administration Quarantine of persons New York; comments due 03 [FR 03-06305] believed to be infected Fishery conservation and by 4-14-03; published 3- ENVIRONMENTAL with communicable management: 13-03 [FR 03-05909] PROTECTION AGENCY diseases; published 4- Magnuson-Stevens Act Air quality implementation Air quality implementation 10-03 provisions— plans; approval and plans; approval and HOUSING AND URBAN National standard promulgation; various promulgation; various DEVELOPMENT guidelines; revision; States: States: DEPARTMENT comments due by 4-16- Kentucky; comments due by Missouri; comments due by Public and Indian housing: 03; published 3-3-03 4-18-03; published 3-19- 4-17-03; published 3-18- Public Housing [FR 03-04886] 03 [FR 03-06584] 03 [FR 03-06306] Homeownership Program; COMMODITY FUTURES ENVIRONMENTAL Hazardous waste program published 3-11-03 TRADING COMMISSION PROTECTION AGENCY authorizations: INTERIOR DEPARTMENT Commodity pool operators and Air quality implementation Virginia; comments due by Surface Mining Reclamation commodity trading advisors: plans; approval and 4-14-03; published 3-13- and Enforcement Office Commodity trading advisors; promulgation; various 03 [FR 03-06110] Permanent program and performance data and States: ENVIRONMENTAL abandoned mine land disclosure; comments due Missouri; comments due by PROTECTION AGENCY reclamation plan by 4-14-03; published 3- 4-17-03; published 3-18- Hazardous waste program submissions: 13-03 [FR 03-06081] 03 [FR 03-06311] authorizations: Alabama; published 4-10-03 DEFENSE DEPARTMENT ENVIRONMENTAL Virginia; comments due by PROTECTION AGENCY TENNESSEE VALLEY Federal Acquisition Regulation 4-14-03; published 3-13- Air quality implementation AUTHORITY (FAR): 03 [FR 03-06109] plans; approval and Cost-reimbursement ENVIRONMENTAL Land Between The Lakes promulgation; various contracts; payment bonds; PROTECTION AGENCY Protection Act; States: comments due by 4-15- Pesticides; tolerances in food, implementation: Missouri; comments due by 03; published 2-14-03 [FR animal feeds, and raw Motorized vehicles 4-17-03; published 3-18- 03-03575] agricultural commodities: regulations rescission; 03 [FR 03-06312] published 4-10-03 DEFENSE DEPARTMENT Methoprene, etc.; comments ENVIRONMENTAL Federal Acquisition Regulation due by 4-14-03; published VETERANS AFFAIRS PROTECTION AGENCY (FAR): 2-12-03 [FR 03-03236] DEPARTMENT Air quality implementation Water pollution control: Criminal violations; information Fish, shellfish, and seafood plans; approval and referrals; published 4-10-03 products; comments due promulgation; various Clean Water Act— by 4-15-03; published 2- States: Waters of United States; 14-03 [FR 03-03574] Missouri; comments due by definition; comments COMMENTS DUE NEXT Security-guard functions; due by 4-16-03; WEEK 4-17-03; published 3-18- contractor performance; 03 [FR 03-06309] published 2-28-03 [FR comments due by 4-15- 03-04768] ENVIRONMENTAL 03; published 2-14-03 [FR AGRICULTURE PROTECTION AGENCY FEDERAL DEPARTMENT 03-03577] Air quality implementation COMMUNICATIONS Agricultural Marketing DEFENSE DEPARTMENT plans; approval and COMMISSION Service Federal Acquisition Regulation promulgation; various Common carrier services: Cotton classing, testing, and (FAR): States: Federal-State Joint Board standards: Vessel repair and alteration Missouri; comments due by on Universal Service— Classification services to contracts; loss liability; 4-17-03; published 3-18- Universal services; growers; 2003 user fees; comments due by 4-15- 03 [FR 03-06310] definition; comments

VerDate Jan 31 2003 21:38 Apr 09, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\10APCU.LOC 10APCU iv Federal Register / Vol. 68, No. 69 / Thursday, April 10, 2003 / Reader Aids

due by 4-14-03; Group flood insurance Airworthiness directives: comments due by 4-16- published 3-13-03 [FR policy; comments due by BAE Systems (Operations) 03; published 3-17-03 [FR 03-06092] 4-15-03; published 9-30- Ltd.; comments due by 4- 03-06247] 02 [FR 02-24734] Radio frequency devices: 16-03; published 3-17-03 VETERANS AFFAIRS Advanced wireless service; INTERIOR DEPARTMENT [FR 03-06260] DEPARTMENT comments due by 4-14- Fish and Wildlife Service Boeing; comments due by Disabilities rating schedule: 03; published 3-13-03 [FR Endangered and threatened 4-17-03; published 3-3-03 03-06038] species: [FR 03-04842] Musculoskeletal system; Television broadcasting: Canada lynx; contiguous TRANSPORTATION comments due by 4-14- Digital television conversion; U.S. distinct population DEPARTMENT 03; published 2-11-03 [FR transition issues; segment; comments due Federal Aviation 03-02119] comments due by 4-14- by 4-16-03; published 3- Administration 03; published 2-18-03 [FR 17-03 [FR 03-06291] Airworthiness directives: 03-03812] LIST OF PUBLIC LAWS INTERIOR DEPARTMENT Dassault; comments due by GENERAL SERVICES Minerals Management 4-17-03; published 3-18- ADMINISTRATION Service 03 [FR 03-06261] This is a continuing list of Acquisition regulations: public bills from the current Royalty management: TRANSPORTATION Industrial funding fee and session of Congress which Federal geothermal DEPARTMENT sales reporting clauses; resources; discussions for have become Federal laws. It consolidation and fee Federal Aviation may be used in conjunction developing consensus on Administration reduction; comments due royalty valuation with ‘‘PLUS’’ (Public Laws by 4-17-03; published 3- approaches; comments Airworthiness directives: Update Service) on 202–741– 18-03 [FR 03-06458] due by 4-16-03; published Empresa Basileira de 6043. This list is also HEALTH AND HUMAN 3-17-03 [FR 03-06254] Aeronautica S.A. available online at http:// SERVICES DEPARTMENT (EMBRAER); comments www.nara.gov/fedreg/ Oil value for royalties due plawcurr.html. Food and Drug on Indian leases; due by 4-16-03; published Administration 3-17-03 [FR 03-06259] establishment; comments The text of laws is not Eurocopter France; Human drugs: due by 4-14-03; published published in the Federal comments due by 4-15- Vaginal contraceptive 2-12-03 [FR 03-03466] Register but may be ordered 03; published 2-14-03 [FR products (OTC) containing PENSION BENEFIT in ‘‘slip law’’ (individual 03-03774] nonoxynol 9; labeling GUARANTY CORPORATION pamphlet) form from the requirements; comments Government Paperwork McDonnell Douglas; Superintendent of Documents, due by 4-16-03; published Elimination Act; comments due by 4-14- U.S. Government Printing 1-16-03 [FR 03-00902] implementation: 03; published 2-27-03 [FR Office, Washington, DC 20402 03-04587] HOMELAND SECURITY Electronic transactions; (phone, 202–512–1808). The DEPARTMENT removal of regulatory Turbomeca S.A.; comments text will also be made Coast Guard impedments to filings, due by 4-14-03; published available on the Internet from Drawbridge operations: issuances, computation of 2-12-03 [FR 03-03473] GPO Access at http:// www.access.gpo.gov/nara/ Virginia; comments due by time, and electronic Class E airspace; comments nara005.html. Some laws may 4-14-03; published 2-12- record retention; due by 4-16-03; published not yet be available. 03 [FR 03-03458] comments due by 4-15- 3-17-03 [FR 03-06334] Ports and waterways safety: 03; published 2-14-03 [FR TRANSPORTATION 03-03081] H.R. 395/P.L. 108–10 Columbia River, Vancouver, DEPARTMENT WA; safety zone; SECURITIES AND National Highway Traffic Do-Not-Call Implementation comments due by 4-15- EXCHANGE COMMISSION Safety Administration Act (Mar. 11, 2003; 117 Stat. 03; published 2-14-03 [FR Investment advisers and Motor vehicle safety 557) 03-03605] investment companies: standards: Last List March 10, 2003 San Diego Bay, CA; Compliance programs; Lamps, reflective devices, security zones; comments comments due by 4-18- and associated due by 4-14-03; published 03; published 2-11-03 [FR equipment— Public Laws Electronic 2-11-03 [FR 03-03263] 03-03315] Adaptive frontal-lighting Tampa Bay Captain of Port TRANSPORTATION systems; comments due Notification Service Zone, FL; security zones; DEPARTMENT by 4-14-03; published (PENS) comments due by 4-14- Federal Aviation 2-12-03 [FR 03-03505] 03; published 2-12-03 [FR Administration TRANSPORTATION 03-03460] PENS is a free electronic mail Air carrier certification and DEPARTMENT HOMELAND SECURITY notification service of newly operations: Saint Lawrence Seaway DEPARTMENT enacted public laws. To Transponder continuous Development Corporation Federal Emergency subscribe, go to http:// operation; comments due Seaway regulations and rules: Management Agency listserv.gsa.gov/archives/ by 4-18-03; published 3- publaws-l.html Disaster assistance: 18-03 [FR 03-06511] Tariff of tolls; comments due by 4-16-03; published 3- Federal assistance to Air traffic operating and flight 17-03 [FR 03-06347] Note: This service is strictly individuals and rules, etc.: for E-mail notification of new households; comments Reduced vertical separation TREASURY DEPARTMENT laws. The text of laws is not due by 4-15-03; published minimum in domestic U.S. Disclosure of records: available through this service. 9-30-02 [FR 02-24733] airspace; comments due Legal proceedings; access PENS cannot respond to National Flood Insurance by 4-14-03; published 2- to information and specific inquiries sent to this Program: 28-03 [FR 03-04765] records; clarification; address.

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