12–20–02 Friday Vol. 67 No. 245 Dec. 20, 2002 Pages 77907–78120
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1 II Federal Register / Vol. 67, No. 245 / Friday, December 20, 2002
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2 III
Contents Federal Register Vol. 67, No. 245
Friday, December 20, 2002
Agriculture Department Coast Guard See Animal and Plant Health Inspection Service RULES See Commodity Credit Corporation Ports and waterways safety: See Cooperative State Research, Education, and Extension James River, Newport News, VA; safety zone, 77924– Service 77926 See Farm Service Agency PROPOSED RULES See Forest Service Drawbridge operations: See Rural Business-Cooperative Service Florida, 77949–77951 See Rural Housing Service NOTICES See Rural Utilities Service Drug testing; covered crewmembers random testing rate, 78037 Alcohol, Tobacco and Firearms Bureau RULES Commerce Department Alcohol; viticultural area designations: See National Oceanic and Atmospheric Administration Capay Valley, Yolo County, CA, 77922–77924 Committee for Purchase From People Who Are Blind or Animal and Plant Health Inspection Service Severely Disabled PROPOSED RULES NOTICES Plant-related quarantine, foreign: Procurement list; additions and deletions, 77962–77963 Ya pears from China, 77940–77942 NOTICES Commodity Credit Corporation Environmental statements; availability, etc.: NOTICES European Union regions; animal disease status Agency information collection activities: recognition, 77959–77960 Proposed collection; comment request, 77960–77961 Meetings: National Poultry Improvement Plan General Conference Cooperative State Research, Education, and Extension Committee, 77960 Service Antitrust Division NOTICES Agency information collection activities: NOTICES Proposed collection; comment request, 77961 National cooperative research notifications: Digital Subscriber Line Forum, 78014–78015 Copyright Office, Library of Congress GE Global Research, 78015 Information Storage Industry Consortium, 78015 PROPOSED RULES Copyright office and procedures: Army Department Transfers and licenses of copyright granted after 1977; NOTICES notices of termination, 77951–77955 Senior Executive Service: Performance Review Boards; membership; correction, Defense Department 78044 See Army Department RULES Blind or Severely Disabled, Committee for Purchase From Acquisition regulations: People Who Are Pilot Mentor-Protege Program; extension, 77936–77937 See Committee for Purchase From People Who Are Blind Technical amendments, 77936 or Severely Disabled Trade Agreements Act; exception for U.S.-made end products, 77937–77939 Bonneville Power Administration PROPOSED RULES NOTICES Acquisition regulations: Electric power transmission, acquisition, and conservation: Governmentwide commercial purchase card internal Transmission rate case (2004 FY); hearing and comment controls, 77955–77956 request, 78089–78114 Defense Nuclear Facilities Safety Board Centers for Disease Control and Prevention NOTICES NOTICES Recommendations: Organization, functions, and authority designations: Administrative controls requirements; design, Science Policy and Technology Transfer Office, 78000– implementation, and maintenance, 77963–77965 78001 Drug Enforcement Administration Children and Families Administration NOTICES NOTICES Applications, hearings, determinations, etc.: Meetings: Fry, Marion ‘‘Molly’’, M.D., 78015–78019 Mental Retardation, President’s Committee, 78001–78002 Houba, Inc., 78019–78020
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Education Department Meetings: NOTICES Environmental Policy and Technology National Advisory Agency information collection activities: Council, 77994 Submission for OMB review; comment request, 77965– Water pollution control: 77967 National pollutant discharge elimination system Postsecondary education: (NPDES)— Higher Education Act; reauthorization, 77967–77969 Storm water discharges from construction activities; general permit, 78115–78120 Employment and Training Administration Total maximum daily loads— NOTICES Ouachita river basin, LA, 77994 Adjustment assistance: Burgess Norton Foundry et al., 78020–78021 Farm Service Agency Optek Technology, Inc., et al., 78021–78023 RULES Agency information collection activities: Program regulations: Proposed collection; comment request; correction, 78023 Rural Business Enterprise and Television Demonstration NAFTA transitional adjustment assistance: Grant Programs; rural area definition, etc., 77907– Bristol Bay Native Association, 78023–78027 77909 Employment Standards Administration Federal Communications Commission NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 78027 Proposed collection; comment request, 77994–77995 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, Federal Deposit Insurance Corporation 78028–78029 NOTICES Meetings; Sunshine Act, 77995 Energy Department See Bonneville Power Administration Federal Emergency Management Agency See Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities: Environmental statements; notice of intent: Submission for OMB review; comment request, 77996 Moab Uranium Mill Tailings Site, UT; remediation; Disaster and emergency areas: floodplains and wetlands involvement, 77969–77973 Alabama, 77996 Meetings: Alaska, 77997 Environmental Management Site-Specific Advisory Mississippi, 77997–77998 Board— Tennessee, 77998–77999 Chairs, 77975–77976 Texas, 77999 Nevada Test Site, NV, 77973 Oak Ridge Reservation, TN, 77973 Federal Energy Regulatory Commission Paducah Gaseous Diffusion Plant, KY, 77974–77975 NOTICES Rocky Flats, CO, 77974 Electric rate and corporate regulation filings: Savannah River Site, SC, 77974 New York Independent System Operator, Inc., et al., 77976–77977 Environmental Protection Agency RULES Federal Reserve System Air programs: NOTICES Stratospheric ozone protection— Banks and bankholding companies: Ozone-depleting substances; substitutes list, 77927– Change in bank control, 77999 77936 Formations, acquisitions, and mergers, 78000 Air quality implementation plans; approval and Permissible nonbanking activities, 77999–78000 promulgation; various States: Mississippi, 77926–77927 Fish and Wildlife Service PROPOSED RULES NOTICES Air pollutants, hazardous; national emission standards: Environmental statements and comprehensive conservation Lime manufacturing plants, 78045–78087 plans; availability, etc.: Air quality implementation plans; approval and Nisqually National Wildlife Refuge, WA, 78009–78011 promulgation; various States: Mississippi, 77955 Food and Drug Administration NOTICES NOTICES Agency information collection activities: Reports and guidance documents; availability, etc.: Submission for OMB review; comment request, 77977– Food labeling— 77980 Labeling of conventional foods and dietary Environmental statements; availability, etc.: supplements; qualified health claims, 78002–78004 Agency statements— Comment availability, 77981 Forest Service Weekly receipts, 77980–77981 NOTICES Hazardous waste: Meetings: Land disposal restrictions; exemptions— Resource Advisory Committees— Environmental Disposal Systems, Inc., 77981–77994 Modoc County, 77961
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Geological Survey Mine Safety and Health Administration NOTICES RULES Grant and cooperative agreement awards: Coal mine safety and health, and education and training: LookClickPrint, Inc., 78011 Emergency evacuations; emergency temporary standard Meetings: Correction, 78044 Scientific Earthquake Studies Advisory Committee, 78011 National Highway Traffic Safety Administration NOTICES Health and Human Services Department Motor vehicle safety standards: See Centers for Disease Control and Prevention Nonconforming vehicles— See Children and Families Administration Importation eligibility; determinations, 78038 See Food and Drug Administration See National Institutes of Health National Institutes of Health See Substance Abuse and Mental Health Services NOTICES Administration Meetings: NOTICES National Cancer Institute, 78004 Agency information collection activities: National Heart, Lung, and Blood Institute, 78004–78005 Proposed collection; comment request, 78000 National Library of Medicine, 78005 Scientific Review Center, 78005–78006 Housing and Urban Development Department NOTICES National Oceanic and Atmospheric Administration Grants and cooperative agreements; availability, etc.: PROPOSED RULES Facilities to assist homeless— Fishery conservation and management: Excess and surplus Federal property, 78008–78009 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permit applications, 77957–77958 Indian Affairs Bureau RULES Nuclear Regulatory Commission Housing Improvement Program: NOTICES Technical amendments, 77919–77922 Environmental statements; availability, etc.: Pathfinder Mine Corp., 78029–78030 Interior Department Reports and guidance documents; availability, etc.: See Fish and Wildlife Service Decommissioning nuclear facilities; final generic See Geological Survey environmental impact statement, 78030–78031 See Indian Affairs Bureau Public Health Service See Land Management Bureau See Centers for Disease Control and Prevention See Food and Drug Administration International Trade Commission See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Import investigations: Administration Malleable iron pipe fittings from— China, 78014 Rural Business-Cooperative Service Meetings; Sunshine Act, 78014 RULES Program regulations: Justice Department Rural Business Enterprise and Television Demonstration See Antitrust Division Grant Programs; rural area definition, etc., 77907– See Drug Enforcement Administration 77909 Rural Housing Service Labor Department RULES See Employment and Training Administration Program regulations: See Employment Standards Administration Rural Business Enterprise and Television Demonstration See Mine Safety and Health Administration Grant Programs; rural area definition, etc., 77907– 77909 Land Management Bureau Rural Utilities Service NOTICES RULES Closure of public lands: Program regulations: Oregon, 78011–78012 Rural Business Enterprise and Television Demonstration Meetings: Grant Programs; rural area definition, etc., 77907– Science Advisory Board, 78012 77909 Realty actions; sales, leases, etc.: Nevada, 78012–78013 Securities and Exchange Commission Withdrawal and reservation of lands: NOTICES Idaho, 78013–78014 Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Library of Congress Information; Reporting Plan; amendments, 78031– See Copyright Office, Library of Congress 78033
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Self-regulatory organizations; proposed rule changes: NOTICES National Association of Securities Dealers, Inc., 78033– Air carriers: 78035 U.S. passenger airlines agreements— Delta/Northwest/Continental, 78036–78037 Social Security Administration PROPOSED RULES Transportation Security Administration Administrative regulations: NOTICES Federal Tort Claims Act and Military Personnel and Agency information collection activities: Civilian Employees Claims Act; claims, 77942–77949 Submission for OMB review; comment request, 78041
State Department Treasury Department NOTICES See Alcohol, Tobacco and Firearms Bureau Art objects; importation for exhibition: See Thrift Supervision Office Devonshire Inheritance: Five Centuries of Collecting at Chatsworth, 78035–78036 Veterans Affairs Department Matisse Picasso, 78036 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities: Canada-United States Air Quality Agreement; 2002 Proposed collection; comment request, 78041–78043 Progress Report, 78036 Inventions, Government-owned; availability for licensing, 78043 Substance Abuse and Mental Health Services Administration NOTICES Separate Parts In This Issue Grants and cooperative agreements; availability, etc.: Evidence-based practices; State training and evaluation, Part II 78006–78008 Environmental Protection Agency, 78045–78087
Surface Transportation Board Part III NOTICES Energy Department, Bonneville Power Administration, Railroad operation, acquisition, construction, etc.: 78089–78114 Morristown & Erie Railway, Inc., 78038–78039 RailAmerica, Inc., et al., 78039 Part IV San Jacinto Rail Ltd. et al., 78039–78040 Environmental Protection Agency, 78115–78120 Toledo, Peoria & Western Railway Corp., 78040–78041
Thrift Supervision Office RULES Reader Aids Savings associations: Consult the Reader Aids section at the end of this issue for Transactions with affiliates, 77909–77918 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Coast Guard LISTSERV electronic mailing list, go to http:// See National Highway Traffic Safety Administration listserv.access.gpo.gov and select Online mailing list See Surface Transportation Board archives, FEDREGTOC-L, Join or leave the list (or change See Transportation Security Administration settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 1942...... 77907 Proposed Rules: 319...... 77940 12 CFR 506...... 77909 559...... 77909 562...... 77909 563...... 77909 20 CFR Proposed Rules: 429...... 77942 25 CFR 256...... 77919 27 CFR 9...... 77922 30 CFR 75...... 78044 33 CFR 165...... 77924 Proposed Rules: 117...... 77949 37 CFR Proposed Rules: 201...... 77951 40 CFR 52...... 77926 82...... 77927 Proposed Rules: 52...... 77955 63...... 78046 48 CFR 208...... 77936 219...... 77936 225...... 77937 252...... 77937 Proposed Rules: 213...... 77955 50 CFR Proposed Rules: 600...... 77957
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Rules and Regulations Federal Register Vol. 67, No. 245
Friday, December 20, 2002
This section of the FEDERAL REGISTER authorized small and emerging private intergovernmental consultation in the contains regulatory documents having general business enterprises. manner delineated in RD Instruction applicability and legal effect, most of which EFFECTIVE DATE: December 20, 2002. 1940–J, ‘‘Intergovernmental Review of are keyed to and codified in the Code of Comments must be received on or Rural Development Programs and Federal Regulations, which is published under Activities,’’ and in the notice related to 50 titles pursuant to 44 U.S.C. 1510. before February 18, 2003. ADDRESSES: Submit written comments 7 CFR part 3015, subpart V (48 FR The Code of Federal Regulations is sold by via U.S. Postal Service, in duplicate, to 29112, June 24, 1983). the Superintendent of Documents. Prices of the Regulations and Paperwork Regulatory Flexibility Act new books are listed in the first FEDERAL Management Branch, Attention Cheryl REGISTER issue of each week. In compliance with the Regulatory Thompson, U.S. Department of Flexibility Act (5 U.S.C. 601–602), the Agriculture, Rural Development, STOP undersigned has determined and 0742, 1400 Independence Avenue SW., DEPARTMENT OF AGRICULTURE certified by signature of this document Washington, DC 20250–0742. Submit that this rule will not have a significant Rural Housing Service written comments via Federal Express, economic impact on a substantial in duplicate, to the Regulations and number of small entities. New Rural Business—Cooperative Service Paperwork Management Branch, provisions included in this rule will not Attention Cheryl Thompson, U.S. impact a substantial number of small Rural Utilities Service Department of Agriculture, Rural entities to a greater extent than large Development, 300 7th Street SW., 7th entities. Therefore, a regulatory Farm Service Agency Floor, Washington, DC 20024. flexibility analysis was not performed. Comments may be submitted via the 7 CFR Part 1942 Internet by addressing them to Civil Justice Reform [email protected] and must This interim final rule has been RIN 0570–AA36 contain the word ‘‘rural’’ in the subject. reviewed under Executive Order 12988, Rural Business Enterprise Grants and All written comments will be available Civil Justice Reform. In accordance with Television Demonstration Grants; for public inspection during normal this rule: (1) All State and local laws Definition of ‘‘Rural Area’’ and New working hours at the 300 7th Street SW., and regulations that are in conflict with Types of ‘‘Eligible Small and Emerging address listed above. this rule will be preempted; (2) no Private Business Enterprises’’ FOR FURTHER INFORMATION CONTACT: retroactive effect will be given to this Amy Cavanaugh, Rural Development rule, and (3) administrative proceedings AGENCY: Rural Business-Cooperative Specialist, Specialty Lenders Division, in accordance with the regulations of Service, USDA. Rural Business-Cooperative Service, the Agency at 7 CFR part 11 must be ACTION: Interim final rule with request U.S. Department of Agriculture, STOP exhausted before bringing suit in court for comments. 3225, 1400 Independence Ave. SW., challenging action taken under this rule Washington, DC 20250–3225, unless those regulations specifically SUMMARY: The Rural Business— Telephone (202) 690–2516. The TDD allow bringing suit at an earlier time. Cooperative Service (RBS) is amending number is (800) 877–8339 or (202) 708– Environmental Impact Statement the Rural Business Enterprise Grant 9300. (RBEG) Program regulation by revising SUPPLEMENTARY INFORMATION: This document has been reviewed in the definition of rural area to comply accordance with 7 CFR part 1940, with the amendment to section 343(a) of Classification subpart G, ‘‘Environmental Program.’’ the Consolidated Farm and Rural This rule has been determined to be RBS has determined that this action Development Act (7 U.S.C. 1991(a)) non-significant under Executive Order does not constitute a major Federal made by section 6020 of the Farm 12866. action significantly affecting the quality Security and Rural Investment Act of of the human environment, and in 2002. The intended effect of this action Programs Affected accordance with the National is to provide a consistent definition of The Catalog of Federal Domestic Environmental Policy Act of 1969, 42 rural and rural area for programs Assistance number for the program U.S.C. 4321 et seq, an Environmental administered under the Rural impacted by this action is 10.769, Rural Impact Statement is not required. Community Advancement Program. Development Grants. RBS will be adding nonprofit entities Unfunded Mandates Reform Act and other tax-exempt organizations as Paperwork Reduction Act Title II of the Unfunded Mandates eligible small and emerging private There are no reporting and Reform Act of 1995 (UMRA), Pub. L. business enterprises under certain recordkeeping requirements associated 104–4, establishes requirements for circumstances to comply with the with this interim final rule. Federal agencies to assess the effects of amendment to section 310B(c)(1) of the their regulatory actions on State, local, Consolidated Farm and Rural Intergovernmental Review and tribal governments and the private Development Act (7 U.S.C.1932(c)) The RBEG Program is subject to the sector. Under section 202 of the UMRA, made by Section 6014 of the Farm provisions of Executive Order 12372, RBS must prepare a written statement, Security and Rural Investment Act of which requires intergovernmental including a cost-benefit analysis, for 2002. The intended effect of this action consultation with State and local proposed and final rules with ‘‘Federal is to give priority to the newly officials. RBS will conduct mandates’’ that may result in
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expenditures to State, local or tribal urbanizing areas with a population List of Subjects in 7 CFR Part 1942 governments, in the aggregate, or to the density of more than 100 persons per Business and industry, Grant private sector, of $100 million or more square mile, as determined by the programs—Housing and community in any 1 year. When such a statement Secretary of Agriculture according to the development, Industrial park, Rural is needed for a rule, section 205 of latest decennial census of the United areas. UMRA generally requires RBS to States.’’ The new definition in Section Therefore, chapter XVIII, title 7, Code identify and consider a reasonable 343(a)(13) expands eligibility to include of Federal Regulations, is amended as number of regulatory alternatives and urbanizing areas; adds ‘‘town’’ to an follows: adopt the least costly, more cost- area which can have a population of effective or least burdensome alternative 50,000 or more; and deletes the PART 1942—ASSOCIATIONS that achieves the objectives of the rule. requirement that the urbanized area be This rule contains no Federal ‘‘immediately’’ adjacent to the city, 1. The authority citation for part 1942 mandates (under the regulatory requiring only that it be ‘‘contiguous is revised to read as follows: provisions of title II of the UMRA) for and adjacent’’ to the city or town. Cities State, local, and tribal governments or Authority: 5 U.S.C. 301, 7 U.S.C. 1932, 7 or towns with populations greater than U.S.C. 1989, and 16 U.S.C. 1005. the private sector. Thus, this rule is not 50,000 inhabitants and the urbanized subject to the requirements of sections Subpart G—Rural Business Enterprise 202 and 205 of UMRA. area, which is contiguous and adjacent to such cities and towns, are ineligible Grants and Television Demonstration Executive Order 13132, Federalism for the RBEG Program. This revision is Grants It has been determined under intended to help the Agency simplify 2. Amend § 1942.304 to revise the Executive Order 13132, Federalism, that the rural area eligibility determination definition of ‘‘rural and rural area’’ and this rule does not have sufficient process and provide a consistent remove the definitions of ‘‘urbanized federalism implications to warrant the definition of rural area for programs area’’ and ‘‘urbanizing area’’ to read as preparation of a Federalism Assessment. administered by RBS under the Rural follows: The provisions contained in this rule Community Advancement Program. will not have a substantial direct effect Congress also added nonprofit entities § 1942.304 Definitions. on States or their political subdivisions and other tax-exempt organizations as * * * * * or on the distribution of power and eligible small and emerging private Rural and Rural Area. Any area other responsibilities among the various business enterprises under certain than a city or town that has a population levels of government. circumstances. The end result of a of greater than 50,000 inhabitants and Background project funded under the RBEG Program the urbanized area contiguous and adjacent to such a city or town This regulatory package is an must finance or develop a small and emerging private business enterprise. A according to the latest decennial census initiative mandated from Congress to of the United States. revise the definition of rural area and small and emerging private business * * * * * add nonprofit entities and other tax- enterprise is defined as a business that exempt organizations as eligible small has no more than 50 new employees 3. Amend § 1942.305 as follows: a. and emerging private business and has less than $1 million in gross Revise paragraph (a); enterprises when certain conditions revenues. Under the new legislation, if b. Add a new paragraph (b)(3)(iv)(G). exist. Section 6020 of the Farm Security the small and emerging private business The revision and addition read as and Rural Investment Act of 2002, enterprise is a nonprofit entity or other follows: tax-exempt organization located in a Public. Law. 107–424, amended section § 1942.305 Eligibility and priority. 343(a) of the Consolidated Farm and city, town or unincorporated area with Rural Development (ConAct) to change a population of 5,000 or less and has a (a) Eligibility. (1) RBE grants may be the definition of rural area for several principal office on land of an existing or made to public bodies and private programs authorized under that Act, former Native American reservation, it nonprofit corporations serving rural including the RBEG Program. Section is exempt from meeting the small and areas. Public bodies include States, 343(a)(13) of the ConAct provides, in emerging private business enterprise counties, cities, townships, and part, as follows: definition previously discussed. In incorporated town and villages, boroughs, authorities, districts, and (13) Rural and Rural Area— addition, it is intended for these types Indian tribes on Federal and State (A) In General.—Except as otherwise of business enterprises to receive reservations and other Federally provided in this paragraph, the terms additional priority points for funding. ‘rural’ and ‘rural area’ mean any area recognized Indian Tribal groups in rural other than— Discussion of Interim Final Rule areas. (i) A city or town that has a (2) The end result of the project must population of greater than 50,000 It is the policy of this Department that finance or develop a small and emerging inhabitants; and rules relating to public property, loans, private business enterprise. The small (ii) The urbanized area contiguous grants, benefits or contracts shall be business receiving assistance must meet and adjacent to such as city or town. published for comment notwithstanding the definition contained in § 1942.304. The revised definition in Section the exemption of 5 U.S.C. 553 with However, if the small and emerging 343(a) of the ConAct supersedes the respect to such rules. However, it would private business enterprise is an eligible current definition for rural area used for be contrary to the public interest to wait nonprofit entity or other tax-exempt the RBEG Program. The current for public comment before organization located in a city, town or definition includes ‘‘all territory of a implementing the mandated Act. unincorporated area with a population State that is not within the outer Comments will be accepted for 60 days of 5,000 or less and has a principal boundary of any city having a after publication of this interim final office on land of an existing or former population of 50,000 or more and its rule and will be considered in the Native American reservation, the small immediately adjacent urbanized and development of the final rule. and emerging private business
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enterprise is exempt from meeting the be received on or before February 18, any single affiliate to no more than 10 definition contained in § 1942.304. 2003. percent of the member bank’s capital (3) Regional Commission Grant ADDRESSES: Mail: Send comments to stock and surplus. Covered transactions applicants must meet eligibility Regulation Comments, Chief Counsel’s with all affiliates are limited to no more requirements of the Regional Office, Office of Thrift Supervision, than 20 percent of the member bank’s Commission and also of the Agency, in 1700 G Street, NW., Washington, DC capital stock and surplus. A covered accordance with paragraph (a)(1) of this 20552, Attention: No. 2002–64. transaction includes a loan or extension section, for the Agency to administer the Commenters should be aware that there of credit to an affiliate, a purchase of or Regional Commission Grant under this have been unpredictable and lengthy investment in securities issued by an subpart. delays in postal deliveries to the affiliate, a purchase of assets from an (4) Television demonstration grants Washington, DC area in recent weeks affiliate, the acceptance of securities may be made to statewide, private, and may prefer to make their comments issued by an affiliate as collateral security for a loan or extension of credit nonprofit, public television systems via facsimile, e-mail, or hand delivery. whose coverage is predominantly rural. Delivery: Hand deliver comments to to any person or company, and the An eligible applicant must be organized the Guard’s Desk, East Lobby Entrance, issuance of a guarantee, acceptance, or as a private, nonprofit, public television 1700 G Street, NW., from 9 a.m. to 4 letter of credit on behalf of an affiliate. Second, section 23A requires that all system, licensed by the Federal p.m. on business days, Attention: covered transactions between a member Communications Commission, and Regulation Comments, Chief Counsel’s bank and its affiliates be on terms and operated statewide and within a Office, No. 2002–64. conditions that are consistent with safe coverage area that is predominantly Facsimiles: Send facsimile and sound banking practices and rural. transmissions to FAX Number (202) prohibits a member bank from (b) * * * 906-6518, Attention: No. 2002–64. (3) * * * E-Mail: Send e-mails to purchasing low-quality assets from an affiliate. Finally, section 23A requires (iv) * * * [email protected], Attention: that a member bank’s extensions of (G) The project will assist a small and No. 2002–64, and include your name credit to affiliates and guarantees on emerging private business enterprise as and telephone number. described in § 1942.305 (a)(2) of this Availability of comments: OTS will behalf of affiliates be appropriately subpart—10 points. post comments and the related index on secured by a statutorily defined amount the OTS Internet Site at of collateral. * * * * * Section 23B of the FRA protects www.ots.treas.gov. In addition, you may Dated: December 13, 2002. member banks by requiring that inspect comments at the Public Reading Thomas C. Dorr, transactions between the bank and its Room, 1700 G Street, NW., by Under Secretary. affiliates occur on market terms—on appointment. To make an appointment terms and under circumstances that are [FR Doc. 02–32050 Filed 12–19–02; 8:45 am] for access, call (202) 906–5922, send an BILLING CODE 3410–XV–U substantially the same, or at least as e-mail to [email protected], or favorable to the bank, as those send a facsimile transmission to (202) prevailing at the time for comparable 906–7755. (Please identify the materials transactions with unaffiliated DEPARTMENT OF THE TREASURY you would like to inspect to assist us in companies. Section 23B applies to serving you.) We schedule Office of Thrift Supervision covered transactions under section 23A, appointments on business days between as well as other transactions, such as the 10 a.m. and 4 p.m. In most cases, 12 CFR Parts 506, 559, 562, and 563 sale of securities or other assets to an appointments will be available the affiliate and the payment of money or [No. 2002–64] business day after the date we receive a the furnishing of services to an affiliate. request. RIN 1550–AB55 Section 23B also prohibits certain FOR FURTHER INFORMATION CONTACT: purchases and acquisitions of securities Savings Associations—Transactions Karen A. Osterloh, Special Counsel, by a member bank or its subsidiary with Affiliates (202) 906–6639, Regulations and subject to certain conditions, and Legislation Division, Chief Counsel’s prohibits certain advertisements or AGENCY: Office of Thrift Supervision, Office, or Donna Deale, Manager, (202) agreements that state or suggest that the Treasury. 906–7488, Supervision Policy, Office of member bank is responsible for the ACTION: Interim final rule with request Thrift Supervision, 1700 G Street, NW., obligations of its affiliates. for comment. Washington, DC 20552. In addition to the section 23A and SUPPLEMENTARY INFORMATION: 23B restrictions, section 11(a)(1) of the SUMMARY: The Office of Thrift HOLA imposes two prohibitions on Supervision (OTS) is revising its I. Background savings associations. First, a savings regulations on transactions with Section 11(a)(1) of the Home Owners’ association may not make a loan or affiliates. This interim final rule Loan Act (HOLA) (12 U.S.C. 1468(a)(1)) other extension of credit to any affiliate conforms OTS regulations to the Board applies sections 23A and 23B of the unless that affiliate is engaged only in of Governors of the Federal Reserve FRA (12 U.S.C. 371c and 371c–1) to activities that a bank holding company System (FRB) final rule implementing every savings association ‘‘in the same may conduct. In addition, no savings sections 23A and 23B of the Federal manner and to the same extent’’ as if the association may purchase or invest in Reserve Act (FRA). The FRB rule savings association were a member bank securities issued by an affiliate, other (Regulation W) combines statutory of the Federal Reserve System. than with respect to shares of a restrictions on transactions with Section 23A of the FRA imposes three subsidiary. Section 11(a)(4) of the HOLA affiliates with new and existing major limitations on a member bank’s authorizes OTS to impose such interpretations and exemptions. (and its subsidiaries’) transactions with additional restrictions on any DATES: This interim final rule is affiliates. First, section 23A limits the transaction between a savings effective April 1, 2003. Comments must amount of ‘‘covered transactions’’ with association and any affiliate as it
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determines to be necessary to protect II. General Approach B. Sections 23A and 23B of the FRA/ the safety and soundness of the Regulation W association. OTS is replacing its existing rules on transactions with affiliates at 12 CFR The interim final rule at § 563.41(b) In 1991, OTS issued comprehensive 563.41 and 563.42 (2002) with a new states that a savings association must rules implementing section 11(a) of the comply with sections 23A and 23B of HOLA.1 These rules, which are interim final rule, which will be codified at 12 CFR 563.41. The interim the FRA and Regulation W. To clarify currently codified at 12 CFR 563.41 and Regulation W for savings associations, 563.42 (2002), define and clarify the final rule cross references the substantive provisions contained in OTS has prepared a chart briefly application of sections 23A and 23B to explaining how specific sections of Regulation W; interprets Regulation W savings associations and their Regulation W apply and explaining why to the extent necessary to apply these subsidiaries, implement the two other sections do not apply to savings restrictions to savings associations; prohibitions imposed under section associations. These provisions are 11(a) of the HOLA, and impose incorporates the prohibitions in section described below. additional restrictions and safeguards, 11(a)(1) of the HOLA; and imposes as authorized by section 11(a)(4) of the various additional restrictions on 1. Applying Regulation W to Savings HOLA. OTS has made only minor savings associations under section Associations amendments to these rules since 1991. 11(a)(4) of the HOLA. Regulation W by its terms applies The FRB has statutory authority to OTS considered, but is not adopting, only to member banks and defines this issue regulations to administer and an alternative presentation. Specifically, term as ‘‘any national bank, State bank, carry out the purposes of sections 23A OTS reviewed whether its rule should banking association, or trust company and 23B of the FRA.2 Until recently, the restate, with appropriate revisions, all of that is a member of the Federal Reserve FRB had promulgated no Regulation W. While this alternative System. For purposes of this definition, comprehensive regulations on this presentation would consolidate in one an operating subsidiary of a member subject. Instead, the FRB relied on a place all regulations under section 11(a) bank is treated as part of the member series of regulatory interpretations and of the HOLA, OTS believes that this bank.’’ 12 CFR 223.3(w). To ensure that 3 informal staff guidance. The FRB approach would be duplicative. Regulation W applies to savings recently issued Regulation W, a Moreover, this approach would require associations and their subsidiaries in comprehensive final rule implementing OTS to revise its regulations every time the same manner and to the same extent sections 23A and 23B of the FRA.4 as member banks, the interim final rule that the FRB amends Regulation W. The Regulation W incorporates many at § 563.41(b)(11) states that the term approach in this interim final rule, on existing FRB interpretations, supersedes ‘‘member bank’’ as used in Regulation certain outdated interpretations, the other hand, will ensure that most W includes a savings association. amendments to Regulation W are exempts specific types of transactions, Like the existing rule, the interim automatically incorporated in OTS rules and implements revisions to sections final rule defines ‘‘savings association’’ without further notice and comment 23A and 23B contained in the Gramm- to include federal and state-chartered Leach-Bliley Act (GLBA).5 rulemaking. OTS specifically seeks savings associations and most thrift public comment on which approach is The FRB’s final rule does not by its subsidiaries.6 Savings association also terms apply to savings associations. more suitable. includes any savings bank or However, because sections 23A and 23B III. Interim Final Rule—12 CFR 563.41 cooperative bank that is a savings apply to every savings association in the association under section 10(l) of the same manner and to the same extent as A. Scope HOLA.7 This provision reflects the agency’s long-standing interpretation if the savings association were a The interim final rule at § 563.41(a) member bank, OTS is revising its that a savings bank or cooperative bank sets out the scope of the new rule. regulations on transactions with that elects to be treated as a savings Specifically, it states that § 563.41 affiliates to reflect Regulation W. association for the purposes of section implements section 11(a) of the HOLA, Today’s interim final rule has three 10(l) of the HOLA has also made an goals: which applies sections 23A and 23B of election to be treated as a savings the FRA to every savings association in • To incorporate all applicable association for the purposes of section the same manner and to the same extent 11 of the HOLA.8 Accordingly, the provisions and exceptions prescribed by as if the association were a member the FRB in Regulation W; interim final rule continues to include bank; prohibits certain types of within the definition of savings • To provide guidance concerning the transactions with affiliates; and association those state banks and relationship between the additional authorizes OTS to impose additional cooperative banks that are subsidiaries prohibitions under section 11(a)(1) of restrictions on savings association of section 10(l) holding companies. the HOLA and Regulation W; and transactions with affiliates. • To set out the additional The interim final rule implements 6 See 12 CFR 563,41(b)(5)(2002), which restrictions OTS imposes under section only section 11(a) of the HOLA. It does incorporates the definition of savings association at 11(a)(4) of the HOLA. 12 CFR 583.21(2002). Thrift subsidiaries are not contain every statutory or regulatory discussed below. restriction on transactions between 7 Section 10(l) of the HOLA states: 1 56 FR 34005 (July 25, 1991). savings associations and their affiliates. ‘‘Notwithstanding any other provision of law, a 2 12 U.S.C. 371c(f), 371c–1(e). For example, the rule does not address savings bank (as defined in [12 U.S.C. 1813(g)]) and 3 The FRB codified some of these interpretations a cooperative bank that is an insured bank (as at 12 CFR 250.240 through 250.250 (2002). additional restrictions on transactions defined in [12 U.S.C. 1813(H)]) upon application 4 67 FR 76560 (Dec. 12, 2002), to be codified as with affiliates that OTS may require as shall be deemed to be a savings association for the 12 CFR part 223. In this rule, OTS cites to 12 CFR prompt corrective action under section purposes of [section 10 of the HOLA], if the Director part 223 as it will be codified in the 2003 Code of [of OTS] determines that such bank is a qualified Federal Regulations, rather than by citation to 38(f)(2)(B) of the Federal Deposit thrift lender * * *.’’ 12 U.S.C. 1467A(l). publication of the final rule in the Federal Register Insurance Act (FDIA). 12 U.S.C. 8 See section 10(d) of the HOLA. 12 U.S.C. 5 Pub. L. No. 106–102, 113 Stat. 1338 (1999). 1831o(f)(2)(B). 1467a(d).
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OTS has also revised the reference to a. Control OTS-regulated savings associations are ‘‘operating subsidiaries.’’ Under One of the fundamental concepts accustomed to applying part 574 control Regulation W, the definition of affiliate underlying the definition of affiliate is concepts to transactions with affiliates generally excludes any company that is the concept of control. Regulation W and in numerous other contexts. See a subsidiary of the member bank unless states that control by a company or definitions of control used in 12 CFR the subsidiary is: (1) A depository shareholder over another company part 559 (subordinate organizations) and 9 institution; (2) a financial subsidiary; means that: 12 CFR part 563b (the mutual-to-stock (3) a company that is directly controlled • The company or shareholder, conversions rule). While this definition by one or more affiliates (other than directly or indirectly, or acting through is more expansive than the FRB’s depository institution affiliates) or by a one or more other persons, owns, definition of control, its use is shareholder that controls the member controls, or has the power to vote 25 consistent with section 11(a)(4) of the bank or a group of shareholders that percent or more of any class of voting HOLA, which permits OTS to impose together control the member bank; (4) an securities or other similar voting interest additional restrictions on savings employee stock option plan, trust, or of the other company. associations’ transactions with affiliates. other similar organization that exists for • The company or shareholder OTS specifically requests comment on the benefit of the shareholders, partners, controls in any manner the election of whether these control rules continue to members, or employees of the member a majority of the directors, trustees, or be appropriate or whether it should bank; or (5) any other company that the general partners (or individuals conform these rules more closely to FRB or appropriate banking agency exercising similar functions) of the other Regulation W. determines to be an affiliate. 12 CFR company. 223.2(b)(1)(i)–(v). The FRB refers to all • The Board determines, after notice b. Financial Subsidiaries non-affiliate subsidiaries as ‘‘operating and opportunity for hearing, that the Regulation W defines affiliate to subsidiaries.’’ 12 CFR 223.3(aa). OTS company or shareholder, directly or include a financial subsidiary of a believes that this term is unnecessary indirectly, exercises a controlling and confusing given the use of the term influence over the management or member bank. 12 CFR 223.2(a)(8). A ‘‘operating subsidiary’’ in other OTS policies of the other company. 12 CFR financial subsidiary is defined as any regulations. See 12 CFR part 559. 223.3(g)(1). subsidiary of a member bank that Accordingly, the chart at § 563.41(b) of Regulation W also includes specific ‘‘engages, directly or indirectly, in any the interim final rule does not use the provisions addressing ownership or activity that national banks are not term ‘‘operating subsidiary.’’ Instead, control of shares as a fiduciary, shares permitted to engage in directly or that where it is appropriate to refer to a by a subsidiary, convertible securities, is conducted on terms and conditions subsidiary that is not an affiliate, the and nonvoting equity securities. See 12 that differ from those that govern the chart uses the phrase ‘‘non-affiliate CFR 223.3(g)(2)–(5). conduct of such activity by national subsidiary.’’ When OTS promulgated its banks.’’ The definition excludes a 2. Affiliates transactions with affiliates regulation in subsidiary that ‘‘a national bank is 1991, it exercised its authority under specifically authorized to own or Under Regulation W, the term section 11(a)(4) of the HOLA to expand control by the express terms of a Federal ‘‘affiliate’’ is defined to include parent the definition of control. Specifically, statute * * *.’’ 11 companies (any company that controls existing § 563.41(b)(3) states that a Approximately 100 thrifts have the member bank); companies under company or shareholder has control investments in subsidiaries called common control with the member bank; over another company if the company or service corporations that engage in companies under other types of shareholder, directly or indirectly, or activities in which a national bank may common control; companies with acting through one or more other not engage directly. Regulation W did interlocking directors or trustees; persons owns, controls, or has the not address whether these thrift companies that are sponsored and power to vote 25 percent or more of any subsidiaries would be considered to be advised on a contractual basis by the class of voting securities of the other financial subsidiaries. For the reasons member bank, its subsidiary, or an company or if the company or stated below, OTS concludes that affiliate; investment companies for shareholder would be deemed to control savings association subsidiaries are not which a member bank or any affiliate is another company under 12 CFR 574.4(a) financial subsidiaries under the an investment advisor; depository or presumed to control the company definition in Regulation W. institution subsidiaries of a member under 12 CFR 574.4(b). As a related bank; financial subsidiaries; companies matter, OTS also applied its own OTS believes that service corporations held under merchant banking or concept of control to define a subsidiary would fall within the exception to the insurance company investment of a savings association. Specifically, definition of financial subsidiary. As authority; partnerships for which the existing § 563.41(b)(4) defines noted above, Regulation W states that a member bank or an affiliate serves as subsidiary of a savings association as a financial subsidiary does not include a general partner; subsidiaries of affiliates; company that is controlled by a savings subsidiary that a national bank is and other companies that the FRB association within the meaning of part specifically authorized by the express deems to be an affiliate of the member 574. terms of a Federal statute to own or bank. 12 CFR 223.2(a). This definition This interim final rule at control. This exception is based on the specifically excludes certain companies, § 563.41(b)(6) continues to use the definition of a financial subsidiary of a including most subsidiaries of member existing OTS definition of control.10 national bank at 12 U.S.C. 24a, which banks. 12 CFR 223.2(b). The interim also expressly provides that bank final rule adopts the FRB definition of 10 OTS made one minor revision to its existing service companies are not financial affiliate except as described below. definition of control. Under OTS’s current transactions with affiliates rules, no company is deemed to own or control a company by virtue of has updated this provision to more closely reflect 9 Financial subsidiaries are discussed in this its ownership or control of shares in a fiduciary the related FRB provision at 12 CFR 223.3(g)(2). preamble at section III.B.2.b. capacity, except under certain circumstances. OTS 11 12 CFR 223.3(p).
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subsidiaries under the exception.12 To The text of section 23A(e) of FRA Finally, OTS believes that its apply this exception to savings provides further evidence that Congress interpretation is consistent with the associations ‘‘in the same manner and to did not intend to include thrift purposes of sections 23A and 23B of the the same extent’’ as member banks, OTS subsidiaries as financial subsidiaries. FRA. These two provisions were believes that it is appropriate to exclude Section 23A(e)(1) defined financial designed to limit the risks to an any subsidiary that a savings association subsidiary as any company that is ‘‘a institution (and the Federal deposit is specifically authorized by Federal subsidiary of a bank that would be a insurance funds) from transactions statute to own or control. Since federal financial subsidiary of a national bank between the institution and its affiliates, savings associations are specifically under [12 U.S.C. 24a].’’ Congress could and to limit the ability of an institution authorized to invest in and control have used the phrase ‘‘a subsidiary of an to transfer to its affiliates the subsidy service corporations under section insured depository institution that arising from the institution’s access to 5(c)(4)(B) of the HOLA, service would be a financial subsidiary of a the Federal safety net.19 OTS has corporations would be excluded. national bank.’’16 The use of the phrase addressed these risks through its OTS also believes that the statutory ‘‘subsidiary of a bank that would be a comprehensive regulation of the scheme underlying GLBA strongly financial subsidiary of a national bank,’’ relationship between savings indicates that Congress did not however, suggests that Congress associations and their subsidiaries. contemplate that a savings association intended a limited application of this Under this regulatory scheme, OTS has would own or control a financial definition only to subsidiaries of not experienced significant problems subsidiary as that term is defined in national and state banks. that would warrant the application of section 23A of the FRA. Section 121 of OTS notes that a contrary sections 23A and 23B to these GLBA added the new provisions interpretation would also fail to subordinate organizations. In light of addressing financial subsidiaries. In recognize that Congress specifically and this successful record, there is no addition to the changes to section comprehensively addressed the demonstrable need to apply affiliate 23A(e) of the FRA, section 121 added regulation of savings associations and restrictions to thrift subsidiaries by extensive provisions governing financial their subsidiaries in the Financial classifying them as financial 13 subsidiaries of national banks and Institutions Reform, Recovery, and subsidiaries. parallel provisions addressing financial Enforcement Act of 1989 (FIRREA).17 In Accordingly, the interim final rule at subsidiaries of insured state banks.14 FIRREA, Congress was aware that § 563.41(b) states that the Regulation W However, no GLBA provision explicitly certain subsidiaries could engage in references to financial subsidiaries do referred to a financial subsidiary of a activities that were impermissible for a not apply to savings associations and savings association and no legislative parent savings association under section their subsidiaries. These references history hinted that the GLBA’s new 5(c)(4)(B) of HOLA, and that these include 12 CFR 223.2(a)(8) and (b)(1)(ii) financial subsidiary provisions would activities were broader than the (affiliate includes a financial have any impact on thrift subsidiaries. activities allowed for national banks and subsidiary); 12 CFR 223.3(p) (definition Moreover, while section 121 included their subsidiaries. As a part of that of financial subsidiary); and 12 CFR numerous statutory revisions legislation, Congress enacted various 223.32 (rules that apply to a financial reconciling the new financial subsidiary provisions specifically designed to subsidiary of a member bank). provisions with existing sections of the address transactions by savings FDIA, the FRA, the Bank Holding associations with their subsidiaries. c. Companies That Are Both Company Act, and the Revised Statutes, Many of these restrictions serve similar Subsidiaries and Affiliates GLBA included no similar conforming purposes as the restrictions on Under Regulation W, subsidiaries of a revisions to the HOLA or the Savings transactions with financial subsidiaries member bank are generally not affiliates and Loan Holding Company Act. addressed by section 23A(e) of the unless the subsidiary is: (1) A GLBA’s failure to reconcile conflicting FRA.18 depository institution; (2) a financial provisions in these two acts strongly subsidiary; (3) directly controlled by suggests that Congress did not intend to securities issued by an affiliate, other than with one or more affiliates (other than include thrift subsidiaries as financial respect to shares of a subsidiary. Section 23A(e)(2) depository institution affiliates) of the 15 of the FRA specifically states that a financial subsidiaries. subsidiary ‘‘shall be deemed to be an affiliate of the member bank, by a shareholder that bank’’ and ‘‘shall not be deemed to be a subsidiary controls the member bank, or by a group 12 U.S.C. 24a(g)(3)(B) states that subsidiaries that of the bank.’’ If a service corporation were a of shareholders that together control the a national bank may control under the Bank Service financial subsidiary and, thus, an affiliate and not Company Act are excluded as finance subsidiaries. a subsidiary, section 11 and section 23A(e)(2)— member bank; (4) an employee stock 13 Section 121(a) of GLBA added 12 U.S.C. 24a, when read together—would prohibit a savings option plan (ESOP), trust, or similar which specifically authorizes national banks to association from investing in the service organization that exists for the benefit of conduct activities through financial subsidiaries; corporation’s securities. This would nullify a shareholders, partners, members, or regulates the activities that may be conducted by federal savings association’s express authority to employees of the member bank or its those financial subsidiaries; and imposes various invest in service corporations under section restrictions on national banks that control financial 5(c)(4)(B) of the HOLA. Similar issues could be affiliates, or (5) determined by the FRB subsidiaries. raised regarding section 11(a)(1)(A) of the HOLA, 14 Section 121(d) of GLBA added section 46 to the which prohibits thrifts from making any loan or FIRREA also established prudential limits on these FDIA to permit an insured state bank to control an extension of credit to an affiliate engaged in transactions. Section 5(t)(5) of the HOLA requires interest in a subsidiary that engages in activities activities that are not permitted to bank holding Federal and state chartered savings associations to that would be permissible for a national bank to companies. deduct from capital all investments and extensions conduct through a financial subsidiary. Section 46 16 Compare 12 U.S.C. 24a(g)93) (the term of credit to any subsidiary engaged in activities taht includes safety and soundness firewalls that ‘‘financial subsidiary means any company that is are not permissible for national banks. Other generally require insured state banks to comply controlled by one or more insured depository depository institutions are not subject to as with the same conditions and restrictions that apply institutions * * *’’). extensive restrictions on their investments in to a national bank under 12 U.S.C. 24a, including 17 Pub. L. No. 101–73, 103 Stat. 183 (1989). subsidiaries that engage in activities that re restrictions on transactions with financial 18 For example, section 23A of the FRA restricts impermissible to a national bank. By contrast, subsidiaries. covered transactions with financial subsidiaries, national banks must deduct equity and retained 15 For example, GLBA made no conforming including limits on loans, extensions of credit, and earnings in financial subsidiaries, but not debt revisions to section 11 (a)(l)(B) of the HOLA, which purchases of, or investments in, securities issued by investments. 12 U.S.C. 24a(c). prohibits thrifts from purchasing or investing in affiliates. See 12 U.S.C. 371c(b)(7)(A) and (B), 19 66 FR 24186 (May 11, 2000).
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or appropriate federal banking agency to existing rule at § 563.41(b)(1)(v)(A) is C. Additional Prohibitions and be an affiliate.20 nearly identical to Regulation W. Restrictions under Section 11 of the Except for references to financial However, existing § 563.41(b)(1)(v)(B) HOLA subsidiaries, the OTS interim final rule adds that OTS may also deem a Section 11(a) of the HOLA imposes follows Regulation W. This will modify company to be an affiliate if it two prohibitions on savings associations OTS’s current treatment of thrift determines that the company presents a in addition to those found in sections subsidiaries. In one respect, the interim risk to the safety or soundness of the 23A and 23B of the FRA, and authorizes final rule will add to the definition of savings association. The OTS rule lists OTS to impose additional restrictions affiliate a subsidiary that is an ESOP, a number of factors for OTS on a savings association’s transactions trust, or similar organization that exists consideration including the nature of with affiliates. Paragraph (c) of the for the benefit of shareholders, partners, the activities conducted by the interim final rule addresses these members, or employees of the member company, the amount of transactions additional provisions. bank or its affiliates. with the savings association or its In another respect, the interim rule subsidiaries, the financial condition of 1. Regulation W Definitions will delete from the OTS definition of the company or its parent savings The interim final rule applies affiliate ‘‘any company that would be an association, and other supervisory Regulation W definitions to the affiliate under [12 CFR 563.41(b)(1) factors. additional section 11 prohibitions and (2002)] but for the fact that it is a The interim final rule addresses OTS 21 restrictions, except as described in the subsidiary of a savings association.’’ authority to make case-by-case chart at § 563.41(b) of the interim rule. By contrast, the corollary provision of determinations at § 563.41(b)(3). OTS Regulation W only includes as affiliates has reworded the safety and soundness 2. Loans and Extensions of Credit those companies that are directly standard to more accurately reflect Section 11(a)(1)(A) of the HOLA states controlled by one or more affiliates or section 11(a)(4) of the HOLA and has that ‘‘no loan or other extension of by shareholders that control the deleted the list of supervisory factors as credit may be made to any affiliate institutions. The application of these unnecessary. OTS, however, will unless that affiliate is engaged only in two provisions leads to slightly different continue to consider these and other activities described at section results. For example, a subsidiary that is factors when it makes its determination 10(c)(2)(F)(i) of [the HOLA].’’ Section sponsored and advised on a contractual under the safety and soundness 10(c)(2)(F)(i) of the HOLA refers to basis by an affiliate of the savings standard.23 activities ‘‘which the [FRB], by association is both a subsidiary and an regulation, has determined to be affiliate. Under the current OTS rule, 3. Other Provisions of Regulation W permissible for bank holding companies the entity would appear to be an a. Capital Stock and Surplus under [12 U.S.C. 1843(c)], unless the affiliate. Under Regulation W, the entity Director, by regulation, prohibits or would be a subsidiary, but not an Regulation W’s definition of the phrase ‘‘capital stock and surplus’’ uses limits any such activities for savings affiliate. While OTS may impose greater and loan holding companies.’’25 Thus, restrictions on transactions by savings capital terms such as Tier 1 and Tier 2 capital. By contrast, the existing OTS under section 11(a)(1)(A), a savings associations, OTS believes that its association may not make a loan or current rule is overly broad, particularly definition of the phrase ‘‘capital stock and surplus’’ cross-references the other extension of credit to an affiliate in light of the authority discussed below engaged in non-bank holding company which permits OTS (or the FRB) to definition of unimpaired capital and unimpaired surplus under OTS’s loans- activities. OTS restates this restriction at deem any company (including a 26 to-one-borrower rule, which uses thrift- § 563.41(c)(1) of the interim final rule. subsidiary) to be an affiliate on a case- For the purposes of this prohibition, by-case basis. specific capital terms such as core and supplementary capital. To ensure that the current rule states that a loan or d. Companies Deemed To Be Affiliates thrifts will be able to apply this other extension of credit includes a Section 223.2(a)(12) states that definition, the interim rule continues to purchase of assets from an affiliate that ‘‘affiliate’’ includes any company that use the current OTS definition. For is subject to the affiliate’s agreement to the FRB or the appropriate federal similar reasons, all citations to the Call repurchase. As a result, the existing rule banking agency determines by Report will refer to the Thrift Financial collateral having a market value equal to a set regulation or order to have a Report. percentage of the transaction. A transaction that is relationship with the member bank or b. U.S. Branches or Agencies of Foreign secured by notes, drafts, bills of exchange, or any subsidiary or affiliate of the bank bankers’ acceptances that are eligible for rediscount such that covered transactions by the Banks or purchase by a Federal Reserve Bank must be bank with that company may be affected collateralized at 100 percent. 12 U.S.C. OTS does not regulate U.S. branches 371c(c)(10)(A)(iii). This provision requires only that by the relationship to the detriment of or agencies of foreign banks. the cited instruments must be eligible for purchase the bank or its subsidiary.22 OTS’s Accordingly, § 563.41(b) of the interim or reinvestment and imposes no requirement that final rule states that 12 CFR 223.61, the institution must be a member bank. The current 20 12 CFR 223.2(b)(1)–(v). OTS rule adds to the statutory provision by stating which addresses these entities, does not that collateral that is eligible for rediscount or 21 See 12 CFR 563.41(b)(2)(i)(2002). 24 apply. purchase by a Federal Home Loan Bank may also 22 The FRB may make other determinations under be collateralized at 100 percent. 12 CFR Regulation W that may affect institutions regulated 23 563.41(c)(1)(i)(C). The additional language in the by OTS. For example, a savings association may Currently, OTS may also, on a case-by-case current OTS rule is not necessary to ensure that request the FRB to grant an exemption from the basis, elect to treat a company that is both an savings associations have parity with member requirements of section 23A or 23B of the FRA (12 affiliate and a subsidiary as a subsidiary. See 12 CFR 223.43 and 223.55). The FRB generally seeks CFR 563.41(b)(2)(ii)(2002) (last phrase). OTS has banks. Accordingly, the interim rule does not OTS concurrence before it takes an action that never exercised this authority and not included this include this current language provisions. impacts an OTS-regulated institution. Thus, the provision in the interim final rule. 25 These activities include activities approved for interim final rule does not require an institution to 24 OTS has made one additional revision that bank holding companies by regulation at 12 CFR notify OTS before it makes a request for exemption. affects the application of its current rule. Under 225.28, or by case-by-case order of the FRB in To expedite these requests, however, OTS-regulated section23A(c) of the FRA, each loan, extension of accordance with 12 CFR 225.23 and 225.24. institutions should contact OTS when they file an credit to, or guarantee, acceptance, or letter of credit 26 The chart in the interim rule at § 563.41(b)(7) exemption request. issued on behalf of, an affiliate must be secured by also refers to this prohibition.
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generally prohibits these agreements Activities are not, however, attributed Section 563.41(c)(2) of the interim with affiliates that are engaged in non- downward to subsidiaries of an final rule restates this restriction.31 To bank holding company activities. The affiliate.28 Where non-bank holding ensure that a savings association may current rule, however, exempts certain company activities are attributed to an make investments in a bank or savings agreements that involve United States affiliate from its subsidiary, a savings association that is a subordinate Treasury securities and that meet association is barred from extending organization, the interim final rule also specified requirements. credit to that affiliate. While this continues to state that the term Section 11 of the HOLA does not guidance reflects OTS’s existing subsidiary includes a bank and a define ‘‘loan or other extension of position, OTS has not incorporated its savings association for the purposes of credit,’’ and does not compel a legal interpretations on the attribution of this provision. OTS has issued a number conclusion that purchases of assets that activities in the interim final rule. OTS of legal opinions interpreting this are subject to an affiliate’s agreement to specifically requests comment on prohibition and is considering including repurchase are, or are not, prohibited by whether it should include this guidance these interpretations in the rule. OTS statute. When it originally promulgated in the final rule. specifically requests comment on this provision, OTS noted that section OTS has also considered whether a whether it should include these or other 11(a)(1)(A) focused on prohibiting third party attribution rule applies to interpretations of section 11(a)(1)(B) of transactions with non-banking affiliates the HOLA in the final rule.32 the loan prohibition. Sections 23A(a)(2) that transfer credit and other risks to the and 23B(a)(3) of the FRA require a savings association. Because a purchase 4. Recordkeeping of assets that is subject to an agreement member bank (and thus savings Currently §§ 563.41(e) and 563.42(e) to repurchase generally bears many of associations) to treat any transaction require a savings association to make the economic characteristics of a loan or with any person as a transaction with an and retain records that reflect in extension of credit to such an affiliate,27 affiliate to the extent that the proceeds reasonable detail all transactions OTS concluded that it was appropriate are used for the benefit of, or transferred between a savings association (and its to treat most of these transactions as to, an affiliate. Regulation W includes subsidiaries) and affiliates, and loans or extensions of credit under this third party attribution rule at 12 transactions with an unaffiliated party section 11(a)(1)(A). OTS requests CFR 223.16 and 223.52(b). By contrast, that are attributed to an affiliate under comment on whether it should retain section 11(a)(1)(A) of the HOLA does the third party attribution rule. The these provisions on purchases of assets not include a third party attribution current rule also includes minimum that are subject to agreements to rule, and OTS has declined to infer such recordkeeping requirements at repurchase. a rule for the purposes of section 11. As § 563.41(e)(1)(i) through (vii). OTS In addition to the rules on purchases a result, OTS’s existing rules imposed these recordkeeping of assets that are subject to an agreement implementing section 11(a)(1)(A) do not requirements under its authority at to repurchase, OTS has issued a number prohibit a loan or extension of credit to section 11(a)(4) of the HOLA, which of interpretations regarding the loan a non-affiliate where the proceeds are permits OTS to impose additional prohibition. These interpretations are used for the benefit of, or transferred to, restrictions to protect the safety and contained in various documents an affiliate that engages in non-bank soundness of savings associations. The including preambles to proposed and holding company activities.29 The interim final rule retains these final rules, opinion letters, and other interim final rule includes a similar requirements at § 563.41(c)(3). guidance. For example, OTS has provision. Several OTS legal opinions, 5. Notice considered whether a savings however, indicate that the agency may, association is barred from extending nonetheless, attribute such a loan to an Under the existing rules, OTS may credit to an affiliate that directly affiliate if the loan is not bona fide or require certain savings associations to engages only in activities permissible is not of independent substance, or notify it at least 30 days before the for a bank holding company, but owns there is evidence that the loan was a savings association or its subsidiary subsidiaries engaged in activities not prearranged step in a series of conducts a transaction with an affiliate. permissible for bank holding transactions designed to channel funds These associations include a savings companies, such as real estate to an affiliate to which the institution association that commenced de novo development. OTS determined that, in could not lend directly.30 OTS requests operations within the past two years, an the case of affiliates that are not savings comment on whether it should include association that was the subject (or associations, such activities are imputed this additional guidance in the final whose holding company was the to each parent affiliate in a vertical rule. subject) of an approved application or ownership chain up to, but not notice under the control regulations at 3. Purchases or Investments in including, a controlling holding 12 CFR part 574 within the past two Securities Issued by an Affiliate company in the corporate structure. years, an association with a composite Section 11(a)(1)(B) provides that ‘‘no CAMELS rating of ‘‘4’’ or ‘‘5,’’ an 27 The savings association transfers funds to the savings association may enter into any association that does not meet all affiliate, expecting to be repaid when the company transaction described in section regulatory capital requirements, an repurchases the assets. The purchased assets association that has entered into a essentially amount to collateral, since the savings 23A(b)(7)(B) of [the FRA] with any association is required to return the assets at the affiliate other than with respect to 31 time of repurchase. The principal risk to the savings shares of a subsidiary.’’ Section The chart in the interim rule at § 563.41(b)(8) association, its depositors and the depot insurance also refers to this prohibition. fund is credit risk—the possibility that the affiliate 23A(b)(7)(B) of the FRA describes ‘‘a 32 See Op. Acting Chief Counsel (Sept. 9, 1993) will default on its obligation to make the purchase of or investment in securities (Purchases of mortgage-backed securities that are repurchase. These types of agreements are generally issued by [an] affiliate.’’ guaranteed by Fannie Mae, Freddie Mac, or Ginnie considered the functional equivalent of a loan or Mae from an affiliate are not subject to the section extension of credit. See amendments to Federal 11(a)(1)(B) prohibition) and Op. Acting Chief Financial Institutions Examination Council Policy 28 56 FR 34405, at 34009. Counsel (June 30, 1993) (Purchases of securities, Statement on Repurchase Agreements of Depository 29 See 12 CFR 563.41(a)(2)(2002). including mutual funds, issued by an affiliate, are Institutions with Securities Dealers and Others, 63 30 Op. OTS Chief Counsel (Dec. 22, 1991) and Op. not prohibited if the purchase is made on a riskless FR 6935 (February 11, 1998). OTS Chief Counsel (March 13, 1992). principal or agency basis).
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consent to merge or a supervisory additional restrictions imposed by OTS extended, or materially altered on or agreement or has been the subject of a under section 11(a)(4) of the HOLA. after April 1, 2003. Second, a purchase cease and desist order within the past OTS’s existing regulations at 12 CFR of assets that was consummated on or two years, an association that is the 563.41 and 563.42 contain provisions before the publication of Regulation W subject of a formal enforcement that conflict with final Regulation W and that qualifies for the transaction proceeding, a problem association, and and do not reflect updated rule, is not subject to the new an association that is in a troubled interpretations contained in Regulation requirements in Regulation W. condition. W. As a result, the continued retention To relieve regulatory burden, the FRB OTS restates these requirements with of these rules following the effective also permits member banks to apply minor revisions at paragraph (c)(4) of date of Regulation W is likely to cause specified provisions before Regulation the interim final rule. OTS has clarified undue confusion concerning applicable W’s effective date. Member banks may that ‘‘troubled condition’’ is defined at restrictions on transactions with apply the following rules beginning on 12 CFR 563.555. OTS has also deleted affiliates. OTS has already received the date of publication of Regulation W: specific references to problem numerous inquiries on these matters. (1) Section 223.16(c)(4) (general purpose institutions, institutions that have a Having an interim final rule in place credit card exemption); (2) § 223.24(a), composite rating of 4 or 5 under will help to minimize this confusion (b), and (c) (valuation principles CAMELS, and institutions that are and ensure a smoother transition for applicable to extensions of credit subject to a cease and desist order. savings associations as OTS implements secured by affiliate securities); (3) These institutions will either fall within Regulation W. OTS therefore believes § 223.31(d) (exemption for step the definition of troubled condition, or that prior notice and public comment on transactions involving the acquisition of one of the other listed categories. this interim final rule is impractical, an affiliate that becomes a non-affiliate unnecessary, and contrary to the public subsidiary after the acquisition); (4) IV. Solicitation of Comments Regarding interest. § 223.41(d) (exemption for internal the Use of Plain Language VI. Effective Date and Transition Rule corporate reorganization transactions); Section 722 of the GLBA 33 requires and (5) § 223.42(c), (f), (g), (i), (j), and (k) federal banking agencies to use ‘‘plain The FRB made Regulation W effective (exemptions for transactions secured by language’’ in all proposed and final April 1, 2003. Accordingly, transactions cash or U.S. government securities, rules published after January 1, 2000. entered into on or after April 1, 2003, purchases of certain marketable OTS invites comments on how to make will be immediately subject to securities, purchases of municipal this rule easier to understand. For Regulation W. Transactions entered into securities, asset purchases by a newly example: after the date of publication of formed institution, transactions (1) Have we organized the material to Regulation W in the Federal Register, approved under the Bank Merger Act, suit your needs? If not, how could the but before April 1, 2003, will become and purchases of extensions of credit material be better organized? subject to Regulation W on April 1, from an affiliate). (2) Do we clearly state the 2003. In today’s interim final rule, OTS has requirements in the rule? If not, how The FRB included a limited transition established the same effective date, will could the rule be more clearly stated? rule for transactions consummated on or apply identical transition rules, and will (3) Does the rule contain technical before the publication date of permit savings associations to apply the language or jargon that is not clear? If Regulation W. Under this transition specified sections of Regulation W so, what language requires clarification? rule, if such a transaction would become before the effective date of the rule. (4) Would a different format (grouping subject to section 23A or 23B (or the OTS, however, requests comment on and order of sections, use of headings, treatment of the transaction would whether the appropriate dates for these paragraphing) make the rule easier to change) solely as a result of Regulation periods should be based on the date of understand? If so, what changes to the W, the transaction will not become publication of this interim rule, rather format would make the rule easier to subject to Regulation W until July 1, than the date of publication of understand? 2003. A transaction is subject to section Regulation W. 23A or 23B solely as a result of V. Issuance of an Interim final rule Regulation W, if the transaction is VII. Executive Order 12866 Section 553 of the Administrative subject to section 23A or 23B under The Director of OTS has determined Procedure Act (APA) permits an agency Regulation W, but was not subject to that this rule does not constitute a to issue a rule without prior notice and section 23A or 23B under the terms of ‘‘significant regulatory action’’ for the public comment if the agency, for good the statute or any written interpretation purposes of Executive Order 12866. cause, finds that notice and comment is of the statute by the FRB or its staff impractical, unnecessary, or contrary to dated before publication of Regulation VIII. Regulatory Flexibility Act the public interest, and explains its W. Similarly, a transaction’s treatment Analysis finding when it publishes the final rule. under section 23A or section 23B An initial regulatory flexibility 5 U.S.C. 553(b)(B). changes solely as a result of Regulation analysis under the Regulatory Among the purposes of this interim W if the treatment of the transaction Flexibility Act (RFA) is required final rule are updating existing OTS under Regulation W differs from the when an agency must publish a general rules to reflect FRB’s newly issued treatment of the transaction under the notice of proposed rulemaking. 5 U.S.C. Regulation W, interpreting Regulation terms of sections 23A and 23B or any 603. As noted above, OTS has W to the extent necessary to apply it to written interpretation of the statute by determined that it is not necessary to savings associations, providing the FRB or its staff dated before publish a notice of proposed rulemaking guidance concerning the relationship publication of Regulation W. for this interim final rule. Accordingly, between the prohibitions imposed by There are two exceptions to the FRB the RFA does not require an initial section 11(a)(1) of the HOLA and transition rule. First, a transaction that regulatory flexibility analysis. Regulation W, and clearly setting out otherwise qualifies for the transition Nonetheless, OTS has considered the period will immediately become subject likely impacts of this rule on small 33 12 U.S.C. 4809. to Regulation W if it is renewed, businesses and believes that the rule
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will not have a significant impact on a the extent necessary to apply the FRB Accordingly, the Office of Thrift substantial number of small entities. rule to savings associations, clarifies the Supervision amends chapter V, title 12, OTS has had comprehensive regulations relationship between section 11(a)(1) of Code of Federal Regulations to read as implementing section 11 of the HOLA the HOLA and Regulation W, and sets follows: since 1991. Today’s interim final rule out the additional restrictions imposed updates these provisions to incorporate under section 11(a)(4) of the HOLA. In PART 506—INFORMATION Regulation W, interprets Regulation W light of existing §§563.41, OTS does COLLECTION REQUIREMENTS UNDER to the extent necessary to apply the FRB not believe that the interim final rule THE PAPERWORK REDUCTION ACT rule to savings associations, clarifies the will significantly increase the applicable relationship between section 11(a)(1) of burdens for savings associations and 1. The authority citation for part 506 the HOLA and Regulation W, and sets will not result in increased expenditures continues to read as follows: out the additional restrictions imposed by these institutions. Accordingly, OTS Authority: 44 U.S.C. 3501 et seq. under section 11(a)(4) of the HOLA. In has not prepared a budgetary impact light of existing § 563.41, OTS does not statement or specifically addressed the 2. Amend § 506.1(b) by adding an believe that the interim final rule will regulatory alternatives considered. entry for § 563.41(c)(3) and(4), and by significantly increase the applicable removing the entries for § 563.41(e) and X. Paperwork Reduction Act of 1995 burdens for small or large savings § 563.42(e) to read as follows: associations. Accordingly, a regulatory The information collection flexibility analysis is not required. requirements in the existing OTS rules § 506.1 OMB control numbers assigned at 12 CFR 563.41(e) and 563.42(e) were pursuant to the Paperwork Reduction Act. IX. Unfunded Mandates Act of 1995 previously approved under OMB * * * * * The Unfunded Mandates Reform Act control number 1550–0078. The interim (b) Display. of 1995, Public Law 104–4 (Unfunded final rule incorporates these Mandates Act) applies only when an requirements at § 563.41(c)(3) and (4), 12 CFR part or section Current OMB agency is required to issue a general and does not make any substantive where identified and de- control No. notice of proposed rulemaking or a final changes that affect the overall burden of scribed. rule for which a general notice of compliance. proposed rulemaking was published. 2 List of Subjects ***** U.S.C. 1532. As noted above, OTS has 563.41(c)(3) and (4) ...... 1550–0078 determined that a notice of proposed 12 CFR Part 506 rulemaking is not required. Reporting and recordkeeping ***** Accordingly, OTS has concluded that requirements. the Unfunded Mandates Act does not require an analysis of this interim final 12 CFR Part 559 PART 559—SUBORDINATE ORGANIZATIONS rule. Reporting and recordkeeping Moreover, OTS has determined that requirements, Savings associations, 3. The authority citation for part 559 the interim final rule will not result in Subsidiaries. expenditures by state, local, or tribal continues to read as follows: governments or by the private sector of 12 CFR Part 562 Authority: 12 U.S.C. 1462, 1462a, 1463, $100 million or more. OTS has had Accounting, Reporting and 1464, 1828. comprehensive regulations recordkeeping requirements, Savings 4. Amend § 559.3 by revising implementing section 11 of the HOLA associations. paragraph (l) to read as follows: since 1991. Today’s interim final rule merely updates these provisions to 12 CFR Part 563 § 559.3 What are the characteristics of, incorporate Regulation W, interprets Accounting, Advertising, Crime, and what requirements apply to, Regulation W to the extent necessary to Currency, Investments, Reporting and subordinate organizations of Federal apply the FRB rule to savings recordkeeping requirements, Savings savings associations? associations, interprets Regulation W to associations, Securities, Surety bonds. * * * * *
Operating subsidiary Service corporation
******* (l) How do the transactions with affiliates (1) Section (2) Section 563.41 of this chapter (2) Section (2) Section 563.41 of this chapter (TWA) regulations (§ 563.41 of this chapter explains how TWA applies. Generally, an explains how TWA applies. Generally, a apply? operating subsidiary is not an affiliate, un- service corporation is not an affiliate, unless less it is a depository institution; is directly it is a depository institution; is directly con- controlled by another affiliate of the savings trolled by another affiliate of the savings as- association or by shareholders that control sociation or by shareholders that control the the savings association; or is an employee savings association; or is an employee stock option plan, trust, or similar organiza- stock option plan, trust, or similar tion that exists for the benefit of share- organziaiton that exists for the benefit of holders, partners, members, or employees shareholders, partners, members, or em- of the savings association or an affiliate. An ployees of the savings association or an af- operating subsidiary’s transactions with affili- filiate. If a savings association directly or in- ates are aggregated with those of the thrift directly controls a service corporation, the service corporation’s transactions with affili- ates are aggregated with those of the thrift.
*******
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PART 562—REGULATORY 8. Revise § 563.41 to read as follows: (12 U.S.C. 1813), and also includes any REPORTING STANDARDS savings bank or any cooperative bank § 563.41 Transactions with affiliates. that is a savings association under 12 5. The authority citation for part 562 (a) Scope. (1) This section implements U.S.C. 1467a(l). A non-affiliate continues to read as follows: section 11(a) of the Home Owners’ Loan subsidiary of a savings association as Authority: 12 U.S.C. 1463. Act (12 U.S.C. 1468(a)). Section 11(a) described in paragraph (b)(12) of this applies sections 23A and 23B of the § 562.4 [Amended] section is treated as part of the savings Federal Reserve Act (12 U.S.C. 371c and association. 6. Amend § 562.4(a) and (e) by 371c-1) to every savings association in removing ‘‘12 CFR 563.41(b)(1)’’ and the same manner and to the same extent (b) Sections 23A and 23B of the FRA/ adding in lieu thereof ‘‘12 CFR 563.41.’’ as if the association were a member Regulation W. A savings association bank; prohibits certain types of must comply with sections 23A and 23B PART 563—SAVINGS of the Federal Reserve Act and the ASSOCIATIONS—OPERATIONS transactions with affiliates; and authorizes OTS to impose additional Federal Reserve Board (FRB) 7. The authority citation for part 563 restrictions on a savings association’s implementing regulation at 12 CFR part continues to read as follows: transactions with affiliates. 223 (Regulation W), except as described Authority: 12 U.S.C. 375b, 1462, 1462a, (2) For the purposes of this section, in the following chart: 1463, 1464, 1467a, 1468, 1817, 1820, 1828, ‘‘savings association’’ defined at section 1831o, 3806; 42 U.S.C. 4106. 3 of the Federal Deposit Insurance Act
Provision of Regulation W Application
(1) 12 CFR 223.1—Authority, purpose, and scope ...... Does not apply. Section 563.41(a) addresses these matters. (2) 12 CFR 223.2(a)(8)—‘‘Affiliate’’ includes a financial subsidiary ...... Does not apply. Savings association subsidiaries do not meet the stat- utory definition of financial subsidiary. (3) 12 CFR 223.2(a)(12)—Board or appropriate Federal banking agen- Shall be read to include the following statement: ‘‘Affiliate also includes cy determination that ‘‘affiliate’’ includes other types of companies. any company that OTS determines, by order or regulation, to present a risk to the safety and soundness of the savings association.’’ (4) 12 CFR 223.2(b)(1)(ii)—‘‘Affiliate’’ includes a subsidiary that is a fi- Does not apply. Savings association subsidiaries do not meet the stat- nancial subsidiary. utory definition of financial subsidiary. (5) 12 CFR 223.3(d)—Definition of ‘‘capital stock and surplus’’ ...... Does not apply. Capital stock and surplus means ‘‘unimpaired capital and unimpaired surplus,’’ as defined in 12 CFR 560.93(b)(11). (6) 12 CFR 223.3(g)—Definition of ‘‘control’’ ...... Does not apply. (i) ‘‘Control’’ by a company or shareholder over an- other company means that the company or shareholder: (A) Directly or indirectly, or acting through one or more other persons owns, controls or has the power to vote 25 percent or more of any class of voting securities of the other company; (B) Is deemed to control the company under 12 CFR 574.4(a); or (C) Is presumed to control the company under 12 CFR 574.4(b) and control has not been rebutted. (ii) Notwithstanding any other provision of this rule, no company owns or controls another company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in 12 CFR 223.2(a)(3) or if the company owning or controlling the shares is a business trust. (7) 12 CFR 223.3(h)(1)—Section 23A covered transactions include an Shall be read to incorporate § 563.41(c)(1), which prohibits loans ex- extension of credit to the affiliate. tensions of credit to an affiliate, unless the affiliate, is engaged in the activities described at 12 U.S.C. 1467a(c)(2)(F)(i), as defined in § 584.2–2 of this chapter. (8) 12 CFR 223.3(h)(2)—Section 23A covered transactions include a Shall be read to incorporate § 563.41(c)(2), which prohibits purchases purchase of or investment in securities issued by an affiliate. and investments in securities issued by an affiliate, other than with respect to shares of a subsidiary. (9) 12 CFR 223.3(k)—Definition of ‘‘depository institution’’ ...... Shall be read to include the following statement: ‘‘For the purposes of this definition, a non-affiliate subsidiary of a savings association is treated as part of the depository institution.’’ (10) 12 CFR 223.3(p)—Definition of ‘‘financial subsidiary’’ ...... Does not apply. Savings association subsidiaries do not meet the stat- utory definition of financial subsidiary. (11) 12 CFR 223.3(w)—Definition of ‘‘member bank’’ ...... Shall be read to include the following statement: ‘‘Member bank also includes a savings association. For purposes of this definition, a non- affiliate subsidiary of a savings association is treated as part of the savings association.’’ (12) 12 CFR 223.3(aa)—Definition of ‘‘operating subsidiary’’ ...... Does not apply. Other OTS regulations include a conflicting definition of this same term. Instead, OTS uses the phrase ‘‘non-affiliate sub- sidiary.’’ A non-affiliate subsidiary is a subsidiary of a savings asso- ciation other than a subsidiary described at 12 CFR 223.2(b)(1) (i), (iii) through (v). (13) 12 CFR 223.3(ii)—Definition of ‘‘subsidiary’’ ...... Shall be read to include the following statement: ‘‘However, a sub- sidiary of a savings association means a company that is controlled by the savings association within the meaning of part 574 of this chapter.’’ (14) 12 CFR 223.31—Application of section 23A to an acquisition of an Shall be read to refer to ‘‘operating subsidiary’’ instead of ‘‘a non-affil- affiliate that becomes an operating subsidiary. iate subsidiary.’’ (15) 12 CFR 223.32—Rules that apply to financial subsidiaries of a Does not apply. Savings association subsidiaries do not meet the stat- bank. utory definition of financial subsidiary.
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Provision of Regulation W Application
(16) 12 CFR 223.42(f)(2)—Exemption for purchasing certain market- Shall be read to refer to ‘‘Thrift Financial Report’’ instead of ‘‘Call Re- able securities. port.’’ (17) 12 CFR 223.42(g)(2)—Exemption for purchasing municipal securi- Shall be read to refer to ‘‘Thrift Financial Report’’ instead of ‘‘Call Re- ties. port.’’ (18) 12 CFR 223.61—Application of sections 23A and 23B to U.S. Does not apply. OTS does not regulate U.S. branches and agencies of branches and agencies of foreign banks. foreign banks.
(c) Additional prohibitions and (2) Purchases or investments in the savings association or its holding restrictions. A savings association must securities. A savings association may company within the past two years; comply with the additional prohibitions not purchase or invest in securities (E) The savings association entered and restrictions in this paragraph. issued by any affiliate other than with into a consent to merge or a supervisory Except as described in paragraph (b) of respect to shares of a subsidiary. For the agreement within the past two years; or this section, the definitions in 12 CFR purposes of this paragraph (c)(2), (F) OTS or another banking agency part 223 apply to these additional subsidiary includes a bank and a initiated a formal enforcement prohibitions and restrictions. savings association. proceeding against the savings (1) Loans and extensions of credit. (i) (3) Recordkeeping. A savings association and the proceeding is A savings association may not make a association must make and retain pending. loan or other extension of credit to an records that reflect, in reasonable detail, (ii) OTS must notify the savings affiliate, unless the affiliate is solely all transactions between the savings association in writing that it has engaged in the activities described at 12 association and its affiliates and any imposed the notice requirement and U.S.C. 1467a(c)(2)(F)(i), as defined in other person to the extent that the must identify the circumstance listed in § 584.2–2 of this chapter. This proceeds of a transaction are used for paragraph (c)(4)(i) of this section that paragraph (c)(1) does not prohibit a loan the benefit of, or transferred to, an supports the imposition of the notice or extension of credit to a non-affiliate, affiliate. At a minimum, these records requirement. merely because proceeds of the must: transaction are used for the benefit of, (i) Identify the affiliate; (iii) If OTS has imposed the notice or transferred to, an affiliate. (ii) Specify the dollar amount of the requirement under this paragraph, a (ii) For the purposes of this paragraph transaction and demonstrate that this savings association must provide a (c)(1), a loan or other extension of credit amount is within the quantitative limits written notice to OTS at least 30 days includes a purchase of assets from an in 12 CFR 223.11 and 223.12, or that the before the savings association may enter affiliate that is subject to the affiliate’s transaction is not subject to those limits; into a transaction with an affiliate or a agreement to repurchase the assets. (iii) Indicate whether the transaction subsidiary. The written notice must Such a purchase is not a loan or involves a low-quality asset; include a full description of the extension of credit, however, if the (iv) Identify the type and amount of transaction. If OTS does not object purchase is a transaction or series of any collateral involved in the during the 30-day period, the savings transactions meeting all of the following transaction and demonstrate that this association may proceed with the requirements: collateral meets the requirements in 12 proposed transaction. (A) The savings association purchases CFR 223.14 or that the transaction is not § 563.42 [Removed] United States Treasury securities from subject to those requirements; the affiliate, the affiliate agrees to (v) Demonstrate that the transaction 9. Remove § 563.42. repurchase the securities at the end of complies with 12 CFR part 223, subpart 10. Amend § 563.43 by revising a stated term, the remaining term of the F or that the transaction is not subject paragraph (d) to read as follows: securities purchased by the savings to those requirements; association exceeds the term of the (vi) Demonstrate that all loans and § 563.43 Loans by savings associations to affiliate’s repurchase agreement, and the their executive officers, directors, and extensions of credit to affiliates comply principal shareholders. savings association has possession or with paragraph (c)(1) of this section; and control of the securities and the right to (vii) Be readily accessible for * * * * * dispose of the securities at any time examination and supervisory purposes. (d) The term subsidiary includes a during the term of the agreement and (4) Notice requirement. (i) OTS may savings association that is controlled upon default. require a savings association to notify within the meaning of § 563.41(b)(6) of (B) The affiliate purchases United the agency before the savings this part by a company (including for States Treasury securities from the association may engage in a transaction this purpose an insured depository savings association and the savings with an affiliate or a subsidiary (other institution) that is a savings and loan association agrees to repurchase the than exempt transactions under 12 CFR holding company. When used to refer to securities at the end of a stated term. part 223). OTS may impose this a subsidiary of a savings association, the (C) The aggregate amount of the requirement if: term subsidiary means a ‘‘subsidiary’’ as affiliate’s outstanding obligations to (A) The savings association is in that term is defined at § 563.41(b)(13) of repurchase securities from the savings troubled condition as defined at this part. association under the repurchase § 563.555 of this part; * * * * * obligation described at paragraph (B) The savings association does not Dated: December 12, 2002. (c)(1)(ii)(A) of this section, at all times, meet its regulatory capital requirements; is less than the aggregate amount of the (C) The savings association By the Office of Thrift Supervision. savings association’s outstanding commenced de novo operations within James E. Gilleran, obligations to repurchase securities from the past two years; Director. the affiliate under paragraph (c)(1)(ii)(B) (D) OTS approved an application or [FR Doc. 02–31782 Filed 12–19–02; 8:45 am] of this section. notice under 12 CFR part 574 involving BILLING CODE 6720–01–P
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DEPARTMENT OF THE INTERIOR U.S.C. 553(b)(B), we find that public Regulatory Flexibility Act comment on the revisions made by this Bureau of Indian Affairs The Department of the Interior rule is unnecessary and contrary to the certifies that this document will not public interest. Because the changes 25 CFR Part 256 have a significant economic impact on made by this rule clarify requirements a substantial number of small entities RIN 1076–AE31 of the Housing Improvement program under the Regulatory Flexibility Act (5 and because they do not make U.S.C. 601 et seq.). Indian tribes are not Housing Improvement Program substantive changes to the provisions of considered small entities; the small the program, public comment is amount of funding received from the AGENCY: Bureau of Indian Affairs, unnecessary. Since clearer requirements Interior. program is used to improve the will make it easier for applicants to condition of individuals and families. ACTION: Final rule; technical obtain assistance, delaying amendments. implementation by publishing a Small Business Regulatory Enforcement proposed rule is contrary to the public Fairness Act SUMMARY: This document contains interest. technical amendments to the Housing This rule is not a major rule under 5 The Department further concludes U.S.C. 804 (2), the Small Business Improvement Program final regulations that this rule should be effective that were published in the Federal Regulatory Enforcement Fairness Act. immediately because it relieves possible This rule: Register on March 2, 1998. These restrictions on the efficient and regulations define the terms and (a) Does not have an annual effect on necessary distribution of HIP funds to the economy of $100 million or more. conditions under which assistance is qualified applicants. Delaying the given to Indians under the Housing The program is much smaller than $100 effective date of this rule would deny million and does not affect the Improvement Program. These the public the benefit of clearer and less amendments revise terminology to make economy; it provides funds for the burdensome requirements that make it provision of repairs and renovation the rule consistent. They also add easier to apply for benefits under the several clarifications. assistance to individuals and families program. For these reasons, this rule living in substandard housing DATES: The amendments are effective meets the requirements of 5 U.S.C. conditions. December 20, 2002. 553(d)(3) and can therefore become (b) Will not cause a major increase in FOR FURTHER INFORMATION CONTACT: June effective immediately upon publication. costs or prices for consumers, Henkel, Chief, Division of Housing Regulatory Planning and Review individual industries, Federal, State, or Assistance, Bureau of Indian Affairs, (Executive Order 12866) local government agencies, or 1849 C Street NW., MS–4660–MIB, geographic regions. The program has Washington, DC 20240; Telephone (202) This document is not a significant limited funds which are spread 208–3667. rule and is not subject to review by the throughout Indian country and thus SUPPLEMENTARY INFORMATION: The final Office of Management and Budget under causes no significant impacts. regulations in 25 CFR part 256 contain Executive Order 12866. (c) Does not have significant adverse several technical errors. The errors (1) This rule will not have an effect of effect on competition, employment, include incorrect cross-references, $100 million or more on the economy. investments, productivity, innovation, incorrect terminology, omission of It will not adversely affect in a material or the ability of the U.S. based clarifying cross-references and way the economy, productivity, enterprises to compete with foreign- terminology, and omission of grid lines competition, jobs, the environment, based enterprises. This program in tables. None of these corrections will public health or safety, of State, local, or operates only within the U.S. and affect the substance of any provision in tribal governments or communities. therefore does not compete with any 25 CFR part 256. For example, we are This program is a small, individual foreign-based enterprises. deleting ‘‘house’’ and replacing it with Indian program and has minimal effect ‘‘dwelling’’ for consistency with other on tribes; the budget is far less than Unfunded Mandates Act parts of the rule; we are deleting the $100 million and therefore does not This rule does not impose an word ‘‘improvements’’ and replacing it have a significant effect on the unfunded mandate on State, local, or with the word ‘‘renovation’’, which is economy. tribal government or the private sector. the same term used in the description of (2) This rule will not create a serious Tribes decide whether they have the Category B assistance (the term inconsistency or otherwise interfere capability to perform the activities ‘‘improvements’’ more typically refers to with an action taken or planned by required to provide housing assistance cosmetic work, such as the addition of another agency. This rule is meant to to eligible applicants residing within a deck, etc.); and we are replacing cover the poorest of the poor who have their approved tribal service area, and is ‘‘building code standards’’ with no other resources for assistance; it is in compliance with the provisions of the ‘‘standard housing condition’’ to clarify not inconsistent with nor does it UnfundedMandates Act of 1995. that the assistance provided under the interfere with any other agency actions. Takings (Executive Order 12630) program is made one-time, not piece- (3) This rule does not alter the meal, and is to bring the entire dwelling budgetary effects or entitlements, grants, In accordance with Executive Order to ‘‘standard’’ at the time of the one-time user fees, or loan programs or rights or 12630, the rule does not have significant assistance. obligations of their recipients. Because takings implications. The program it is the aid of last resort, it does not provides services to improve existing Reasons for Publishing a Final Rule affect other entitlements, grants, loans, housing or to provide replacement or The Department has determined that or change the rights of recipients. new housing. The program does not the public notice and comment (4) This rule does not raise novel legal have an adverse effect on tribes, tribal provisions of the Administrative or policy issues. This program has been members or individualIndians or Procedure Act, 5 U.S.C. 553(b), do not functioning for a number of years with families. A takings implication apply to this rule. As allowed by 5 no significant changes in policy. assessment is not required.
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Federalism (Executive Order 12612) quality of human environment. A PART 256—HOUSING IMPROVEMENT In accordance with Executive Order detailed statement under the National PROGRAM 12612, the rule does not have sufficient Environmental Policy Act of 1969 is not federalism implications to warrant the required. 1. The authority citation for part 256 continues to read as follows: preparation of a Federalism Assessment. Government-to-Government The federal government provides Relationship With Tribes Authority: 25 U.S.C. 13 program services to individuals at their request; or funds to tribes under Pub. L. In accordance with the President’s 2. Make the following amendments to 93–638 contracts or annual funding memorandum of April 29, 1994, § 256.2: agreements for the provision of services ‘‘Government-to-Government Relations with Native American Tribal A. Remove the definition of Area to individuals and families. A Director. Federalism Assessment is not required. Governments’’ (59 FR 22951) and 512 DM we have evaluated the potential B. Add in alphabetical order the Civil Justice Reform (Executive Order effects on Federally recognized Indian following definition: 12988) Tribes and have determined that there Regional Director means the officer in In accordance with Executive Order are no potential effects. These technical charge of a Bureau of Indian Affairs 12988, the Office of the Solicitor has amendments only serve to correct and regional office or his/her authorized determined that this rule does not clarify the existing rule. delegate. unduly burden the judicial system and Consultation and Coordination With C. Remove the definition of the term meets the requirements of section 3(a) Indian Tribal Governments ‘‘Bureau’’ and add in its place the and 3(b)(2) of the Order. In accordance with the President’s following definition: Paperwork Reduction Act of 1995 Executive Order 13175, ‘‘Consultation BIA means the Bureau of Indian This rule requires an information and Coordination With Indian Tribal Affairs in the Department of the Interior. collection from 10 or more parties and Governments’’ (65 FR 67249), we have 3. Revise § 256.5 to read as follows: a submission under the Paperwork evaluated potential effects on federally Reduction Act is required. An OMB recognized Indian tribes and have § 256.5 What is the Housing Improvement form 83-I was been reviewed by the determined that there are no potential Program? department and sent to OMB for effects. The number of eligible approval. The OMB Control Number applicants and their associated housing The Housing Improvement Program is assigned is 1076–0084 with an need costs far exceeds the amount of a safety-net program that provides expiration date of October 31, 2004. funding available for this program; there grants for the cost of services to repair, These minor changes to the rule do not are no potential effects on federally renovate, replace, or provide housing. affect the information collection. We recognized tribes, only eligible The program provides grants to the will not sponsor or collect, and a person applicants as funds are made available neediest of the needy Indian families need not respond to, a request for starting with the neediest of the needy who: information if the valid OMB Control in each region until the available funds (a) Live in substandard housing or are Number is not displayed. Comments are exhausted. without housing; and concerning this collection may be List of Subjects in 25 CFR Part 256 (b) Have no other resource for directed to the BIA Information assistance. Collection Clearance Officer, 1849 C Housing—home improvement, Street NW., MailStop 4613 MIB, Indians—housing. § 256.7 What housing services are available under the Housing Improvement Washington, DC 20240. Dated: October 8, 2002. Program? National Environment Policy Act Neal A. McCaleb, (NEPA) Assistant Secretary—Indian Affairs. 4. In § 256.7, revise the table to read This rule does not constitute a major Accordingly, 25 CFR part 256 is as follows: Federal action significantly affecting the amended as set forth below. * * * * *
Type of assistance What it provides Where to find information
Category A ...... Up to $2,500 in safety or sanitation repairs to the dwelling in which you § 256.8 live, which will remain substandard. Can be provided more than once, but for not more than one dwelling and the total assistance cannot ex- ceed $2,500. Category B ...... Up to $35,000 in repairs and renovation, which will bring your dwelling to § 256.9 Standard Housing condition, as defined in § 256.2. Can only be provided once. Category C ...... A modest dwelling that meets the criteria in § 256.11; and the definition of § 256.10 & § 256.11. Standard Housing in § 256.2; and whose costs are determined by and limited to the criteria in 256.17(b). can only be provided once.
5. In § 256.8 (b), remove the word A. Remove the word ‘‘house’’ C. In paragraph (c), remove the word ‘‘house’’ and add, in its place, wherever it appears, and add, in its ‘‘improvements’’ and add, in its place, ‘‘dwelling’’. place, ‘‘dwelling’’. ‘‘renovation’’; and remove the words B. In paragraph (b), after the word ‘‘make the house meet applicable 6. In § 256.9: ‘‘must,’’ add the words ‘‘occupy the building code standards’’ and add in dwelling and must’’.
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their place, ‘‘bring the dwelling to E. In paragraph (d)(2), after the word § 256.10 When do I qualify for category C standard housing condition.’’ ‘‘repairs’’ add the words ‘‘and assistance? D. In paragraph (d) after the word renovation’’. (a) * * * ‘‘repairs’’ add the words ‘‘and 7. In § 256.10, revise the table in renovation’’. paragraph (a) to read as follows:
You qualify for Category C assist- ance if * * * And * * * And * * *
You own the dwelling in which you The dwelling cannot be brought up to applicable are living. building code standards and to standard housing condition for $35,000 or less. You lease the dwelling in which you Your leasehold is undivided and for not less than The dwelling cannot be brought up to applicable are living. 25 years at the time that you receive assitance. building code standards and to standard housing condition for $35,000 or less. You do not own a dwelling ...... You own land that is suitable for housing ...... The land has adequate ingress and egress rights and economical access to utilities. You do not own a dwelling ...... You have a leasehold on land that is suitable for The land has adequate ingress and egress rights housing and the leasehold is undivided and for and economical access to utilities. not less than 25 years at the time you receive assistance.
* * * * * Total dwell- C. In paragraph (c), in the first Number of occu- Number of ing square sentence, remove the words 8. In § 256.10: 1 pants bedrooms footage ‘‘application and signed Privacy Act A. Remove the word ‘‘house’’ (maximum) Statement’’ and add, in their place, ‘‘and wherever it appears and add in its place 1–3 ...... 2 2 900 signed application’’. the word ‘‘dwelling.’’ 4–6 ...... 2 3 1050 D. In paragraph (g)(1), remove the B. In paragraph (b), add the word 7 or more ...... 2 4 31350 word ‘‘patent’’. ‘‘grant’’ after the word ‘‘written.’’ 1 Total living space; does not include hall- 11. In § 256.14: ways or modest-sized bathrooms or closets. A. In paragraph (a), in the last 9. Revise § 256.11 and the section 2 Determined by the servicing housing office, sentence, remove the word ‘‘complete’’ heading to read as follows: based on composition of family. 3 Adequate for all but the very largest and add, in its place, ‘‘return’’; and § 256.11 What are the occupancy and families. remove the word ‘‘eligible’’ and add, in square footage standards for a dwelling its place, ‘‘considered’’. provided with Category C assistance? 10. In § 256.13: A. In paragraph (a), remove the words B. In paragraph (b)(2), revise the table A modest dwelling provided with ‘‘and a Privacy Act Statement’’. to read as follows: Category C assistance will meet the B. In paragraph (b), remove the words (b) * * * standards in the following table. ‘‘and a Privacy Act Statement’’. (2) * * *
Factor Ranking factor and definition Randing description Point descriptors
1 ...... Annual Household Income: Must include income Income/125% FPG 1 Points (maximum=40): of all persons counted in Factors 2, 3, 4. In- (% of 125% FPC) 1 come includes earned income, royalties, and one-time income. 0–25 40 26–50 30 51–75 20 76–100 10 101–125 0 2 ...... Aged Persons: For the benefit of persons age 55 Years of Age: Points: or older, and Must be living in the dwelling. Less than 55 ...... 0 55 and older ...... 1 point per year of age over 54 3 ...... Disabled Individual: Any one (1) disabled person % of Disability—(A% + B%/2): ...... Points (Maximum=20): living in the dwelling. (The percentage of dis- ability must be based on the average (mean) of the percentage of disabilities identified from two sources (A+B) of statements of conditions which may include a physician’s certification, Social Security or Veterans Affairs determination, or similar determination). 100% ...... 20 or Less than 100% ...... 10 4 ...... Dependent Children: Must be under the age of 18 Dependent Child—(Number of Children): Points (Maximum = 5): or such other age established for purposes of parental support by tribal or state law (if any). Must live in the dwelling and not be married.
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Factor Ranking factor and definition Randing description Point descriptors
1 ...... 0 2 ...... 1 3 ...... 2 4 ...... 3 5 ...... 4 6 or more ...... 5 1 FPG means Federal Poverty Guidelines.
* * * * * DEPARTMENT OF THE TREASURY What Is the Definition of an American C. In paragraph (e), in the second Viticultural Area? Bureau of Alcohol, Tobacco and sentence, remove the word ‘‘area’’ and Firearms Section 4.25(e)(1), title 27 CFR, add, in its place, ‘‘regional’’. defines an American viticultural area as 12. In § 256.15, revise the section 27 CFR Part 9 a delimited grape-growing region distinguishable by geographical heading to read as follows: [T.D. ATF–486; Re: Notice No. 948] features. Viticultural features such as § 256.15 How long will I have to wait for RIN 1512–AC71 soil, climate, elevation, and topography repair, renovation, or replacement of my distinguish it from surrounding areas. dwelling? Capay Valley Viticultural Area (99R– What Is Required To Establish a 449P) 13. In § 256.17: Viticultural Area? AGENCY: Bureau of Alcohol, Tobacco A. Remove the words ‘‘improvements Section 4.25a(e)(2), title 27 CFR, and Firearms, Treasury. or repairs’’ wherever they appear and outlines the procedure for proposing an add, in their place, ‘‘repairs or ACTION: Treasury decision, final rule. American viticultural area. Any renovation’’. SUMMARY: This Treasury decision interested person may petition ATF to establish a grape-growing region as a B. In paragraph (c), in the last establishes the Capay Valley viticultural viticultural area. The petition must sentence, remove the word ‘‘home’’ and area in northwest Yolo County, California. The Capay Valley viticultural include: add, in its place, ‘‘dwelling’’. • area covers approximately 150 square Evidence that the name of the C. In paragraph (d), remove the words miles or about 102,400 acres. proposed viticultural area is locally ‘‘improvement, repair’’ and add, in their Approximately 25 acres are currently and/or nationally known as referring to place, ‘‘repairs, renovation’’. planted to wine grapes. the area specified in the petition; • D. In paragraph (d)(1), in the second EFFECTIVE DATE: February 18, 2003. Historical or current evidence that the boundaries of the viticultural area sentence, remove the citation ‘‘§ 256.7’’ FOR FURTHER INFORMATION CONTACT: and add, in its place, ‘‘§ 256.11’’. Kristy Colo´n, Regulations Division, are as specified in the petition; • 14. In § 256.19, remove the words Bureau of Alcohol, Tobacco and Evidence relating to the ‘‘improvements, repairs’’ and add, in Firearms, 650 Massachusetts Avenue, geographical features (climate, soil, their place, the words ‘‘repairs, NW., Washington, DC 20226; telephone elevation, physical features, etc.) which distinguish the viticultural features of renovation’’. 202–927–8210. the proposed area from surrounding SUPPLEMENTARY INFORMATION: 15. In § 256.23, revise the section areas; heading to read as follows: Background on Viticultural Areas • A description of the specific What Is ATF’s Authority To Establish a boundaries of the viticultural area, § 256.23 How will I be advised that the based on features which can be found repair, renovation or replacement of my Viticultural Area? on United States GeologicalSurvey dwelling has been completed? The Federal Alcohol Administration (U.S.G.S.) maps of the largest applicable Act (FAA Act) at 27 U.S.C. 205(e) 16. Remove § 256.24. scale; and requires that alcohol beverage labels • A copy of the appropriate U.S.G.S. 17. Redesignate §§ 256.25 through provide the consumer with adequate map(s) with the boundaries prominently 256.29 as follows: information regarding a product’s marked. identity and prohibits the use of Old section New section deceptive information on such labels. Rulemaking Proceeding The FAA Act also authorizes the Bureau Capay Valley Petition 256.25 ...... 256.24 of Alcohol, Tobacco and Firearms (ATF) 256.26 ...... 256.25 to issue regulations to carry out the ATF received a petition from Tom 256.27 ...... 256.26 Act’s provisions. Frederick and Pam Welch of Capay 256.28 ...... 256.27 Regulations in 27 CFR part 4, Labeling Valley Vineyards proposing to establish 256.29 ...... 256.28 and Advertising of Wine, allow the the ‘‘Capay Valley’’ viticultural area in establishment of definitive viticultural northwestern Yolo County, California. [FR Doc. 02–31985 Filed 12–19–02; 8:45 am] areas. The regulations allow the name of The valley has several wine grape BILLING CODE 4310–4J–P an approved viticultural area to be used growers, including one who recently as an appellation of origin on wine received awards for his wines. This labels and in wine advertisements. A viticultural area covers approximately list of approved viticultural areas is 150 square miles, or about 102,400 contained in 27 CFR part 9, American acres. Approximately 25 acres are Viticultural Areas. currently planted to wine grapes.
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Notice of Proposed Rulemaking entire length of the valley. These bay, but the valley is shielded from the ATF published a notice of proposed boundaries also coincide with those of ground fog that is pervasive in the rulemaking regarding the Capay Valley the Capay Valley General Plan, which is Sacramento Valley. Winters are viticultural area in the July 25, 2002, a subset of the Yolo County General moderate and late spring frosts are Federal Register as Notice No. 948 (67 Plan. occasional enough to negate the need for active frost protection. FR 48597). In that notice, ATF requested In addition to the required U.S.G.S. Also, the petitioners state that Capay comments by September 23, 2002, from map, the petitioner provided a set of maps of Yolo County compiled in 1970 Valley is warmer than Napa Valley to all interested persons concerning the the west. This warmer climate enables establishment of this viticultural area. as part of a soil survey by the United States Department of Agriculture’s Soil the Capay Valley to avoid the frost ATF received no comments in response problems that are common in Napa, to Notice No. 948. Conservation Service and the University of California Agricultural Experiment offers an earlier growing season, What Name Evidence Has Been Station. These maps show in further typically 3 to 4 weeks, and reduces the Provided? detail the boundaries of the viticultural need for as many sulfur sprays area. throughout the growing season. The petitioners submitted as evidence Additionally, the petitioners note, the an excerpt from the book ‘‘Capay Valley: What Evidence Relating to Geographical area differs from its Central Valley The Land & The People,’’ by Ada Features Has Been Provided? neighbors to the east in that, while they Merhoff. The excerpt states that the Soils share a warmer climate, Capay Valley’s name ‘‘Capay Valley’’ was used in the bud-break is typically 1–2 weeks later. late 1840s to identify the area when Pio The petitioners assert that the soils of Pico, governor of the territory of Alta the Capay Valley viticultural area range Regulatory Analyses and Notices California, granted nine square leagues from Yolo-Brentwood, which is a well- Is This a Significant Regulatory Action of land called the Rancho Canada de drained, nearly level, silty clay loam on as Defined by Executive Order 12866? Capay to three Berryessa brothers. The alluvial fans, to Dibble-Millsholm, book also contains a copy of an 1857 which is a well drained, steep to very It has been determined that this map of the valley, titled ‘‘Map of the steep loam to silty clay loam over regulation is not a significant regulatory Rancho Canada De Capay.’’ A copy of a sandstone. action as defined by Executive Order map titled ‘‘Property Owners 1858 Some areas have clay soils with creek 12866. Therefore, a regulatory Canada de Capay Grant’’ on page 6 of rock and debris intermixed. Volcanic assessment is not required. the book shows further subdivisions as ash is also found in some areas, How Does the Regulatory Flexibility Act lands were sold. primarily in the rolling hills in the Apply to This Proposed Rule? In addition, Merhoff’s book mentions center of the valley. The petitioners This regulation will not have a the Adobe Ranch, a 19th century Capay contend that these clay soils intermixed significant economic impact on a Valley ranch owned by John Gillig, with creek rock and volcanic ash, add substantial number of small entities. No which also contained a vineyard and a distinctive viticultural aspect to the new requirements are proposed. The winery. Merhoff references other works area. establishment of a viticultural area is that also mention Gillig’s ranch. ‘‘The The petitioners state that one of the neither an endorsement nor approval by Western Shore Gazeteer & Commercial major soil differences between Capay ATF of the quality of wine produced in Directory for the State of California— Valley and the adjacent Central Valley the area. The approval of this Yolo County’’ by C.P. Sprague and H.W. area is the abundance of calcareous viticultural area petition merely allows Atwell states that, in 1869, the Capay soils. This supply of calcium makes the wineries to more accurately describe the Valley Winery at Gillig’s ranch clay soils of the Capay Valley less origin of their wines to consumers and processed grapes from his and several binding and allows grapevine roots to helps consumers identify the wines they other small vineyards in the vicinity, penetrate through the soils more easily. purchase. Thus, any benefit derived yielding 30,000 gallons of wine in both Water usage is therefore less than would from the use of a viticultural area name red and white varieties. Frank T. be expected given the warm climatic is the result of a proprietor’s own efforts Gilbert’s ‘‘The Illustrated Atlas and conditions. The calcium-magnesium and consumer acceptance of wines from History of Yolo County,’’ published in ratio in the soils is easier to manage that area. Accordingly, a regulatory 1879, notes that Gillig’s vineyard was because it is easier to add magnesium flexibility analysis is not required. ‘‘awarded the premium in 1861 for than calcium. having the finest vineyard in the state.’’ Does the Paperwork Reduction Act Merhoff’s book also states that the word Elevation Apply to This Proposed Rule? ‘‘Capay’’ comes from the Wintun The petitioners note that the elevation The Paperwork Reduction Act of Indian’s word ‘‘capi’’, which means of the Capay Valley viticultural area 1995, 44 U.S.C. chapter 35, and its ‘‘stream’’ in their Native American ranges from 100 meters on the valley implementing regulations, 5 CFR part language. floor, to 750 meters at the top of the 1320, do not apply to this rule because Blue Ridge, and 550 meters at the top of What Boundary Evidence Has Been no requirement to collect information is the Capay Hills. Provided? imposed. The ‘‘Capay Valley’’ viticultural area Climate Drafting Information is located in northwest Yolo County, The petitioners characterize the The principal author of this document California, and borders Napa, Lake, and climate of the viticultural area as one is Kristy Colo´n, Regulations Division, Colusa Counties. The boundaries of the with hot, dry summers and a long Bureau of Alcohol, Tobacco and viticultural area follow the natural growing season. Portions of the valley Firearms. physical boundaries of the valley, which receive moderating breezes from the are formed by the Blue Ridge Mountains Sacramento Delta and San Francisco List of Subjects in 27 CFR Part 9 to the west and the Capay Hills to the Bay. Fog creeps over the tops of the Blue Administrative practice and east. Additionally, Cache Creek runs the Ridge during heavy fog periods in the procedure, Alcohol and alcoholic
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beverages, Consumer protection, and unnamed light duty road known locally Regulatory Information Wine. as County Road 85; We did not publish a notice of (10) Proceed south on County Road 85 Authority and Issuance proposed rulemaking (NPRM) for this until the road ends and continue south regulation. Under 5 U.S.C. 553(b)(B) and Title 27, Code of Federal Regulations, in a straight line to the T9N–T10N 553(d)(3), the Coast Guard finds that Part 9, American Viticultural Areas, is section line; good cause exists for not publishing a amended as follows: (11) Then west on the T9N–T10N NPRM and making this regulation section line to the Napa-Yolo County effective less than 30 days after PART 9—AMERICAN VITICULTURAL line; publication in the Federal Register. AREAS (12) Continue northwest following the Because of the danger posed by the Napa-Yolo county line and return to the 1. The authority citation for part 9 catapult testing, a limited access area is starting point. continues to read as follows: necessary to provide for the safety of Dated: October 24, 2002. mariners. For the safety concerns noted, Authority: 27 U.S.C. 205. Bradley A. Buckles, it is in the public interest to have these Subpart C—Approved American Director. regulations in effect during the testing. Viticultural Areas Approved: November 14, 2002. Background and Purpose 2. Subpart C is amended by adding Timothy E. Skud, The Coast Guard is establishing a § 9.176 to read as follows: Deputy Assistant Secretary (Regulatory, Tariff temporary safety zone encompassing the & Trade Enforcement). USS RONALD REAGAN, moored at § 9.176 Capay Valley. [FR Doc. 02–31940 Filed 12–19–02; 8:45 am] Newport News Shipbuilding south side (a) Name. The name of the viticultural BILLING CODE 4810–31–P Pier 2 while conducting catapult dead area described in this section is ‘‘Capay load testing. The safety zone will restrict Valley’’. vessel traffic on a portion of the James (b) Approved Maps. The appropriate DEPARTMENT OF TRANSPORTATION River, within a 1000-foot radius of the map for determining the boundary of USS RONALD REAGAN. The safety the Capay Valley viticultural area is the Coast Guard zone is necessary to protect mariners United States Geological Survey from the hazards associated with the (U.S.G.S.) topographic map titled: 33 CFR Part 165 catapult testing. The safety zone will be 30X60 Minute Quadrangle (Healdsburg, effective from 6 a.m. on December 16, [CGD05–02–097] California 1972) (Scale: 1:100,000). 2002 to 8 p.m. on December 22, 2002. (c) Boundaries. The Capay Valley RIN 2115–AA97 Entry into this zone is prohibited unless viticultural area is located in Yolo authorized by the Captain of the Port, County, California. The beginning point Safety Zone; James River, Newport Hampton Roads or his designated is the junction of the Yolo, Napa, and News, Virginia representative. Public notifications will be made prior to the testing via marine Lake County lines. AGENCY: Coast Guard, DOT. (1) From the beginning point, proceed information broadcasts. ACTION: Temporary final rule. north then east along the Yolo-Lake Discussion of Rule County line; SUMMARY: The Coast Guard is The Coast Guard is establishing a (2) At the junction of the Yolo, Lake, establishing a temporary safety zone safety zone within a 1000-foot radius of and Colusa County lines, continue east encompassing the USS RONALD the USS RONALD REAGAN, moored at along the Yolo-Colusa County line to its REAGAN, moored at Newport News Newport News Shipbuilding south side junction with the boundary between Shipbuilding south side Pier 2. This Pier 2. The temporary regulations will ranges R4W and R3W; action is intended to restrict vessel be enforced from 6 a.m. December 16, (3) Then south along the R4W and traffic on the James River within a 1000- 2002 through 8 p.m. December 22, 2002, R3W boundary to its junction with the foot radius of the vessel. The safety zone and will restrict general navigation in 250 meter contour line; is necessary to protect mariners from the the safety zone during the testing. (4) Proceed generally southeast along hazards associated with catapult testing Except for participants and vessels the meandering 250 meter contour line being conducted on the USS RONALD authorized by the Coast Guard Patrol to its junction with the T10N–T11N REAGAN. Commander, no person or vessel may section line; DATES: This rule is effective from 6 a.m. enter or remain in the regulated area. (5) Continue east along the T10N– on December 16, 2002 to 8 p.m. on Regulatory Evaluation T11N section line to the unnamed December 22, 2002. north-south secondary highway known This rule is not a ‘‘significant ADDRESSES: Documents indicated in this locally as County Road 85; regulatory action’’ under section 3(f) of preamble as being available in the (6) Then south along County Road 85, Executive Order 12866, Regulatory docket are part of docket CGD05–02– crossing Cache Creek, to its intersection Planning and Review, and does not 097 and are available for inspection or with State Highway 16; require an assessment of potential costs copying at USCG Marine Safety Office (7) Proceed east on Highway 16 to its and benefits under section 6(a)(3) of that Hampton Roads, 200 Granby Street, junction with the unnamed north-south Order. The Office of Management and Norfolk, Virginia, 23510 between 9:30 light duty road known locally as County Budget has not reviewed it under that a.m. and 2 p.m., Monday through Road 85B; Order. It is not ‘‘significant’’ under the Friday, except Federal holidays. (8) Then south on County Road 85B regulatory policies and procedures of to its junction with the unnamed east- FOR FURTHER INFORMATION CONTACT: LT the Department of Transportation (DOT) west light duty road known locally as Monica Acosta, project officer, USCG (44 FR 11040; February 26, 1979). County Road 23; Marine Safety Office Hampton Roads, at This temporary final rule will affect a (9) Proceed west on County Road 23 (757) 668–5590. limited area for less than one week for approximately 500 feet to an SUPPLEMENTARY INFORMATION: during daylight hours only. Advance
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notification via marine information Federalism Significantly Affect Energy Supply, broadcasts will enable mariners to plan A rule has implications for federalism Distribution, or Use. We have their transit to avoid the safety zone. under Executive Order 13132, determined that it is not a ‘‘significant energy action’’ under that Order because Small Entities Federalism, if it has a substantial direct effect on State or local governments and it is not a ‘‘significant regulatory action’’ Under the Regulatory Flexibility Act would either preempt State law or under Executive Order 12866 and is not (5 U.S.C. 601–612), we have considered impose a substantial direct cost of likely to have a significant adverse effect whether this rule would have a compliance on them. We have analyzed on the supply, distribution, or use of significant economic impact on a this rule under that Order and have energy. It has not been designated by the substantial number of small entities. determined that it does not have Administrator of the Office of The term ‘‘small entities’’ comprises implications for federalism. Information and Regulatory Affairs as a small businesses, not-for-profit significant energy action. Therefore, it organizations that are independently Unfunded Mandates Reform Act does not require a Statement of Energy owned and operated and are not The Unfunded Mandates Reform Act Effects under Executive Order 13211. dominant in their fields, and of 1995 (2 U.S.C. 1531–1538) requires Environment governmental jurisdictions with Federal agencies to assess the effects of populations of less than 50,000. their discretionary regulatory actions. In We have considered the environmental impact of this rule and The Coast Guard certifies under 5 particular, the Act addresses actions concluded that under figure 2–1, U.S.C. 605(b) that this rule will not have that may result in the expenditure by a paragraph (34)(g) of Commandant a significant economic impact on a State, local, or tribal government, in the Instruction M16475.lD, this rule is substantial number of small entities. aggregate, or by the private sector of categorically excluded from further This rule will affect the following $100,000,000 or more in any one year. environmental documentation. This is a entities, some of which may be small Though this rule will not result in such safety zone one week in duration. entities: The owners and operators of an expenditure, we do discuss the vessels intending to transit or anchor in effects of this rule elsewhere in this List of Subjects in 33 CFR Part 165 preamble. that vicinity of the James River from 6 Harbors, Marine safety, Navigation a.m. to 8 p.m. on December 16, 2002 Taking of Private Property (water), Reporting and recordkeeping through December 22, 2002. This rule will not effect a taking of requirements, Security measures, The effect of this rule will not be private property or otherwise have Waterways. significant because of its limited taking implications under Executive For the reasons discussed in the duration and the extensive advance Order 12630, Governmental Actions and preamble, the Coast Guard amends 33 notifications that will be made to the Interference with Constitutionally CFR part 165 as follows: maritime community via Local Protected Property Rights. Broadcast Notices to Mariners and PART 165—REGULATED NAVIGATION marine information broadcasts so Civil Justice Reform AREAS AND LIMITED ACCESS AREAS mariners can adjust their plans This rule meets applicable standards 1. The authority citation for part 165 accordingly. in sections 3(a) and 3(b)(2) of Executive continues to read as follows: Assistance for Small Entities Order 12988, Civil Justice Reform, to minimize litigation, eliminate Authority: 33 U.S.C 1231; 50 U.S.C 191; 33 Under section 213(a) of the Small ambiguity, and reduce burden. CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 49 CFR 1.46. Business Regulatory Enforcement Protection of Children Fairness Act of 1996 (Pub. L. 104–121), 2. From 6 a.m. on December 16, 2002, we offered to assist small entities in We have analyzed this rule under to 8 p.m. on December 22, 2002, add a understanding the rule so that they Executive Order 13045, Protection of temporary § 165.T05–097 to read as could better evaluate its effects on them Children from Environmental Health follows: and participate in the rulemaking Risks and Safety Risks. This rule is not an economically significant rule and § 165.T05–097 Safety Zone; James River, process. Newport News, Virginia does not create an environmental risk to Small businesses may send comments health or risk to safety that may (a) Location. The following area is a on the actions of Federal employees disproportionately affect children. safety zone: all waters of the James River who enforce, or otherwise determine within 1000 feet of the USS RONALD compliance with, Federal regulations to Indian Tribal Governments REAGAN, moored at Newport News the Small Business and Agriculture This rule does not have tribal Shipbuilding south side Pier 2. Regulatory Enforcement Ombudsman implications under Executive Order (b) Captain of the Port. Captain of the and the Regional Small Business 13175, Consultation and Coordination Port means the Commanding Officer of Regulatory Fairness Boards. The with Indian Tribal Governments, the Marine Safety Office Hampton Ombudsman evaluates these actions because it does not have a substantial Roads, Norfolk, VA or any Coast Guard annually and rates each agency’s direct effect on one or more Indian commissioned, warrant, or petty officer responsiveness to small business. If you tribes, on the relationship between the who has been authorized to act on his wish to comment on actions by Federal Government and Indian tribes, behalf. employees of the Coast Guard, call 1– or on the distribution of power and (c) Regulations. (1) All persons are 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal required to comply with the general Collection of Information Government and Indian tribes. regulations governing safety zones found in § 165.23 of this part. This rule calls for no new collection Energy Effects (2) Persons or vessels requiring entry of information under the Paperwork We have analyzed this rule under into or passage through a safety zone Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions must first request authorization from the 3520). Concerning Regulations That Captain of the Port. The Captain of the
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Port’s representative enforcing the safety Forsyth Street, SW., Atlanta, Georgia Parties interested in commenting should zone can be contacted on VHF marine 30303–8960. (Michele Notarianni, do so at this time. If no such comments band radio, channels 13 and 16. The (404) 562–9031, are received, the public is advised that Captain of the Port can be contacted at [email protected]) this rule will be effective on February (757) 668–5555. Mississippi Department of 18, 2003 and no further action will be (3) The Captain of the Port will notify Environmental Quality, Air Division, taken on the proposed rule. the public of changes in the status of PO Box 10385, Jackson, Mississippi III. Administrative Requirements this safety zone by marine information 39289–0385. ((601) 961–5171). broadcast on VHF marine band radio, FOR FURTHER INFORMATION CONTACT: Under Executive Order 12866 (58 FR channel 22 (157.1 MHz). Michele Notarianni at address listed 51735, October 4, 1993), this action is (d) Enforcement period. This section above or 404/562–9031 (phone) or not a ‘‘significant regulatory action’’ and will be enforced from 6 a.m. to 8 p.m. [email protected] (e-mail). therefore is not subject to review by the on December 16, 2002 through SUPPLEMENTARY INFORMATION: Office of Management and Budget. For December 22, 2002. this reason, this action is also not Dated: December 16, 2002. I. Today’s Action subject to Executive Order 13211, L. M. Brooks, The EPA is approving revisions to ‘‘Actions Concerning Regulations That Captain, Coast Guard, Captain of the Port, rule APC–S–1 to reflect current Significantly Affect Energy Supply, Hampton Roads. requirements for existing HMIWIs as Distribution, or Use’’ (66 FR 28355, May [FR Doc. 02–32141 Filed 12–19–02; 8:45 am] detailed in the Mississippi HMIWI State 22, 2001). This action merely approves BILLING CODE 4910–15–P Plan. The State of Mississippi submitted state law as meeting Federal both the Plan and these SIP revisions on requirements and imposes no additional May 5, 1999. In a separate notice, EPA requirements beyond those imposed by ENVIRONMENTAL PROTECTION approved the Mississippi HMIWI State state law. Accordingly, the AGENCY Plan (65 FR 18252, April 7, 2000). The Administrator certifies that this rule State Plan controls air emissions from will not have a significant economic 40 CFR Part 52 existing HMIWIs in Mississippi, except impact on a substantial number of small entities under the Regulatory Flexibility [MS 23–1—200242(a); FRL–7424–3] for those HMIWIs located in Indian Country. Act (5 U.S.C. 601 et seq.). Because this Approval and Promulgation of The associated SIP revisions to rule rule approves pre-existing requirements Implementation Plans for Mississippi: APC-S–1 correct a section reference in under state law and does not impose Infectious Waste Incinerator Paragraph 8, ‘‘Incineration,’’ of Section any additional enforceable duty beyond Requirements 3, ‘‘Specific Criteria for Sources of that required by state law, it does not Particulate Matter,’’ and change contain any unfunded mandate or AGENCY: Environmental Protection provisions listed in Paragraph 4, significantly or uniquely affect small Agency (EPA). ‘‘Additional Requirements for Infectious governments, as described in the ACTION: Direct final rule. Waste Incineration,’’ of Section 6, ‘‘New Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). SUMMARY: The EPA is approving a Sources,’’ to be consistent with the revision to the Mississippi State Mississippi HMIWI State Plan. This rule also does not have tribal implications because it will not have a Implementation Plan (SIP) modifying II. Final Action infectious waste incineration substantial direct effect on one or more requirements to reflect current The EPA is approving into the Indian tribes, on the relationship Emissions Guidelines approved in the Mississippi SIP revisions to rule APC– between the Federal Government and State for existing hospital/medical/ S–1 because they are consistent with the Indian tribes, or on the distribution of infectious waste incinerator units requirements of the Clean Air Act and power and responsibilities between the (HMIWIs). EPA policy. Federal Government and Indian tribes, The EPA is publishing this rule as specified by Executive Order 13175 DATES: This direct final rule is effective without prior proposal because the (65 FR 67249, November 9, 2000). This February 18, 2003 without further Agency views this as a noncontroversial action also does not have Federalism notice, unless EPA receives adverse submittal and anticipates no adverse implications because it does not have comment by January 21, 2003. If adverse comments. However, in the proposed substantial direct effects on the States, comment is received, EPA will publish rules section of this Federal Register on the relationship between the national a timely withdrawal of the direct final publication, EPA is publishing a government and the States, or on the rule in the Federal Register and inform separate document that will serve as the distribution of power and the public that the rule will not take proposal to approve the SIP revision responsibilities among the various effect. should adverse comments be filed. This levels of government, as specified in ADDRESSES: All comments should be rule will be effective February 18, 2003 Executive Order 13132 (64 FR 43255, addressed to: Michele Notarianni, Air without further notice unless the August 10, 1999). This action merely Planning Branch, U.S. Environmental Agency receives adverse comments by approves a state rule implementing a Protection Agency Region 4, 61 Forsyth January 21, 2003. Federal standard, and does not alter the Street, SW., Atlanta, Georgia 30303– If the EPA receives such comments, relationship or the distribution of power 8960. (404/562–9031 (phone) or then EPA will publish a document and responsibilities established in the [email protected] (e-mail).) withdrawing the final rule and Clean Air Act. This rule also is not Copies of the State submittal(s) are informing the public that the rule will subject to Executive Order 13045 available at the following addresses for not take effect. All public comments ‘‘Protection of Children from inspection during normal business received will then be addressed in a Environmental Health Risks and Safety hours: subsequent final rule based on the Risks’’ (62 FR 19885, April 23, 1997), Environmental Protection Agency, proposed rule. The EPA will not because it is not economically Region 4, Air Planning Branch, 61 institute a second comment period. significant.
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In reviewing SIP submissions, EPA’s and to the Comptroller General of the List of Subjects in 40 CFR Part 52 role is to approve state choices, United States. EPA will submit a report Environmental protection, Air provided that they meet the criteria of containing this rule and other required pollution control, Carbon monoxide, the Clean Air Act. In this context, in the information to the U.S. Senate, the U.S. Intergovernmental relations, Lead, absence of a prior existing requirement House of Representatives, and the Nitrogen dioxide, Particulate matter, for the State to use voluntary consensus Comptroller General of the United Reporting and recordkeeping standards (VCS), EPA has no authority States prior to publication of the rule in requirements, Sulfur oxides, Volatile to disapprove a SIP submission for the Federal Register. A major rule organic compounds. failure to use VCS. It would thus be cannot take effect until 60 days after it Dated: December 2, 2002. inconsistent with applicable law for is published in the Federal Register. J.I. Palmer, Jr., EPA, when it reviews a SIP submission, This action is not a ‘‘major rule’’ as Regional Administrator, Region 4. to use VCS in place of a SIP submission defined by 5 U.S.C. section 804(2). that otherwise satisfies the provisions of Part 52 of chapter I, title 40, Code of the Clean Air Act. Thus, the Under section 307(b)(1) of the Clean Federal Regulations, is amended as requirements of section 12(d) of the Air Act, petitions for judicial review of follows: National Technology Transfer and this action must be filed in the United Advancement Act of 1995 (15 U.S.C. States Court of Appeals for the PART 52—[AMENDED] 272 note) do not apply. This rule does appropriate circuit by February 18, not impose an information collection 2003. Filing a petition for 1. The authority citation for part 52 burden under the provisions of the reconsideration by the Administrator of continues to read as follows: Paperwork Reduction Act of 1995 (44 this final rule does not affect the finality Authority: 42.U.S.C. 7401 et seq. U.S.C. 3501 et seq.). of this rule for the purposes of judicial Subpart Z—Mississippi The Congressional Review Act, 5 review nor does it extend the time U.S.C. section 801 et seq., as added by within which a petition for judicial 2. In § 52.1270(c) the table is amended the Small Business Regulatory review may be filed, and shall not under subchapter APC–S–1 by revising Enforcement Fairness Act of 1996, postpone the effectiveness of such rule the entries ‘‘Section 3’’ and ‘‘Section 6’’ generally provides that before a rule or action. This action may not be to read as follows: may take effect, the agency challenged later in proceedings to promulgating the rule must submit a enforce its requirements. (See section § 52.1270 Identification of plan. rule report, which includes a copy of 307(b)(2).) * * * * * the rule, to each House of the Congress (c) * * *
EPA-APPROVED MISSISSIPPI REGULATIONS
State effec- State citation Title/subject tive date EPA approval date Comments
APC-S–1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
******* Section 3 ...... Specific Criteria for Sources of 05/28/99 12/20/02 [Insert FR page cita- Particulate Matter. tion].
******* Section 6 ...... New Sources ...... 05/28/99 12/20/02 [Insert FR page cita- Subsection 2 Other Limitations tion]. and Subsection 3 NSPS have not been Federally approved.
*******
* * * * * ACTION: Notice of acceptability. Mail Code 6102T; Washington, DC, [FR Doc. 02–31977 Filed 12–19–02; 8:45 am] 20460. The docket reading room is SUMMARY BILLING CODE 6560–50–P : This notice of acceptability located at the address above in room expands the list of acceptable B102 in the basement. Reading room substitutes for ozone-depleting telephone: (202) 566–1744, facsimile: ENVIRONMENTAL PROTECTION substances (ODS) under the U.S. (202) 566–1749 Air docket staff AGENCY Environmental Protection Agency’s telephone: (202) 566–1742 and (EPA) Significant New Alternatives facsimile: (202) 566–1741 You may 40 CFR Part 82 Policy (SNAP) program. The substitutes inspect the docket between 8:30 a.m. are for use in the following sectors: [FRL–7425–6] and 4:30 p.m. weekdays. As provided in refrigeration and air conditioning, 40 CFR part 2, a reasonable fee may be RIN 2060–AG12 solvents cleaning, fire suppression and charged for photocopying. explosion protection, and aerosols. FOR FURTHER INFORMATION CONTACT: Protection of Stratospheric Ozone: EFFECTIVE DATE: December 20, 2002. Notice 17 for Significant New Margaret Sheppard by telephone at Alternatives Policy Program ADDRESSES: Information relevant to this (202) 564–9163, by fax at (202) 565– notice is contained in Air Docket A–91– 2155, by e-mail at AGENCY: Environmental Protection 42, 1301 Constitution Avenue, NW.; [email protected], or by mail Agency. U.S. Environmental Protection Agency, at U.S. Environmental Protection
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Agency, 1200 Pennsylvania Avenue, be found under category VI–D of EPA decision finds it acceptable to switch NW., Mail Code 6205J, Washington, DC air docket A–91–42 at the address from HCFC–22 and HCFC blends to R– 20460. Overnight or courier deliveries described above under ADDRESSES. You 404A or R–507A in the end uses listed should be sent to 501 3rd Street, NW., can find other materials supporting the above. Washington, DC 20001. decisions in this action under category Environmental Information For more information on the Agency’s IX–B of EPA docket A–91–42. process for administering the SNAP The ozone depletion potential (ODP) A. Refrigeration and Air Conditioning program or criteria for evaluation of of R–404A and of R–507A is zero. The substitutes, refer to the original SNAP 1. and 2. R–404A and R–507A Global Warming Potentials (GWP) of rulemaking published in the Federal HFC–125, HFC–143a and HFC–134a are EPA’s decision: R–404A and R–507A 3400, 4300 and 1300, respectively Register on March 18, 1994 (59 FR are acceptable for use in new and 13044). Notices and rulemakings under (relative to carbon dioxide, using a 100- retrofit equipment as substitutes for year time horizon). the SNAP program, as well as other EPA HCFC–22 and HCFC blends including, publications on protection of All components of these blends have but not limited to, R–401A, R–401B, R– been exempted from listing as a volatile stratospheric ozone, are available from 402A, R–402B, R–406A, R–408A, R– EPA’s Ozone Depletion World Wide organic compound (VOC) under Clean 409A, R–411A, R–411B, R–411C, R– Air Act regulations concerning the Web site at http://www.epa.gov/ozone/ 414A, R–414B, and R–416A in: including the SNAP portion at http:// • development of state implementation Retail food refrigeration plans (SIPs) at 40 CFR 51.100(s). www.epa.gov/ozone/snap/. • Cold storage warehouses SUPPLEMENTARY INFORMATION: • Commercial ice machines Flammability Information I. Listing of Acceptable Substitutes • Refrigerated transport A. Refrigeration and Air Conditioning While HFC–143a is moderately • Ice skating rinks flammable, the blends are not B. Solvent Cleaning • Water coolers C. Fire Suppression flammable. • Residential dehumidifiers D. Aerosols • Toxicity and Exposure Data II. Section 612 Program Vending machines A. Statutory Requirements • Industrial process air conditioning All components of the blend have B. Regulatory History • Reciprocating chillers workplace environmental exposure Appendix A—Summary of Acceptable • Screw chillers limits (WEELs) of 1000 ppm established Decisions • Centrifugal chillers by the American Industrial Hygiene • Industrial process refrigeration Association (AIHA). EPA expects users I. Listing of Acceptable Substitutes • Very low temperature refrigeration to follow all recommendations specified This section presents EPA’s most • Non-mechanical heat transfer in the Material Safety Data Sheet recent acceptable listing decisions for systems (MSDS) for the blend and the individual substitutes in the following industrial • Household refrigerators and freezers components and other safety sectors: refrigeration and air • Household and light commercial air precautions common in the refrigeration conditioning, solvent cleaning, fire conditioning and air conditioning industry. We also suppression and explosion protection, R–404A is a blend of 44% by weight expect that users of R–404A and R– and aerosols. For copies of the full list HFC–125 (pentafluoroethane), 52% by 507A will adhere to the AIHA’s WEELs. of SNAP decisions in all industrial weight HFC–143a (1,1,1-trifluoroethane) sectors, visit EPA’s Ozone Depletion and 4% by weight HFC–134a (1,1,1,2- Comparison to Other Refrigerants web site at http://www.epa.gov/ozone/ tetrafluoroethane). You may find the R–404A and R–507A are not ozone snap/lists/index.html. submission under EPA Air Docket A– depleting; thus, they reduce risk from The sections below discuss the 91–42, items VI–D–284 and VI–D–287. ozone depletion compared to HCFC–22, substitute listing in detail. Appendix A R–507A, also known as R–507, is a the ODS they replace, and blends contains a table summarizing today’s blend of 50% by weight HFC–125 containing HCFCs. Flammability and listing decisions. The statements in the (pentafluoroethane) and 50% by weight toxicity risks are low, as discussed ‘‘Further Information’’ column in the HFC–143a (1,1,1-trifluoroethane). above. Thus, we find that R–404A and table provide additional information, EPA previously listed both R–404A R–507A are acceptable because they but are not legally binding under section and R–507A as acceptable alternatives reduce overall risk to public health and 612 of the Clean Air Act. In addition, for various CFCs (e.g., R–12) and CFC- the environment in the end uses listed. the ‘‘further information’’ may not be a containing blends (e.g., R–500 and R– 3. RS–24 comprehensive list of other legal 502) in several applications in the obligations you may need to meet when original SNAP rulemaking published in EPA’s decision: RS–24 is acceptable using the substitute. Although you are the Federal Register on March 18, 1994 for use in new and retrofit equipment as not required to follow recommendations (59 FR 13044) and in subsequent SNAP a substitute for CFC–12 in the following in the ‘‘further information’’ column of Notices (August 26, 1994, 59 FR 44240; end uses: • the table to use a substitute, EPA January 13, 1995, 60 FR 3318). EPA Industrial process refrigeration • Industrial process air conditioning strongly encourages you to apply the previously listed R–404A and R–507A • information when using these as acceptable substitutes for HCFC–22 Ice skating rinks • Cold storage warehouses substitutes. In many instances, the in various end uses (March 22, 2002, 67 • Refrigerated transport information simply refers to standard FR 13272 for R–404A; September 5, • Retail food refrigeration operating practices in existing industry 1996, 61 FR 47012 for R–507A). Since • Vending machines and/or building-code standards. Thus, that time, many users have switched • Water coolers many of these statements, if adopted, directly from CFCs to R–404A or R– • Commercial ice machines would not require significant changes to 507A, while others have switched to • Household refrigerators and freezers existing operating practices. HCFC–22 or many different HCFC • Residential dehumidifiers Submissions to EPA for the use of the blends found acceptable under various RS–24 is acceptable, subject to use substitutes listed in this document may SNAP rulemakings and notices. Today’s conditions, for use in new and retrofit
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equipment as a substitute for CFC–12 in on the use of any refrigerant used as a • The application of a detailed label, the following end use: substitute for CFC–12 in motor vehicle • The removal of the original • Motor vehicle air conditioning air conditioning systems (Appendix D of refrigerant prior to charging with RS–24, subpart G of 40 CFR part 82). That rule Conditions for Use in Motor Vehicle Air and provided that EPA would list new Conditioning Systems • The installation of a high-pressure refrigerants in future notices of compressor cutoff switch on systems Regulations regarding recycling and acceptability. Therefore, the use of RS– equipped with pressure relief devices. prohibiting venting issued under section 24 as a CFC–12 substitute in motor 609 of the Clean Air Act apply to this vehicle air conditioning systems must The October 16, 1996, rule gives full blend (subpart B of 40 CFR part 82). follow the standard conditions imposed details on these use conditions. On October 16, 1996, (61 FR 54029), on previous refrigerants, including: You must use the following fittings to EPA promulgated a final rule that • The use of unique fittings designed use RS–24 in motor vehicle air prospectively applied certain conditions by the refrigerant manufacturer, conditioning systems:
Diameter Fitting type (inches) Thread pitch (threads/inch) Thread direction
Low-side service port ...... quick-connect ...... High-side service port ...... quick-connect ...... Large containers (>20 lb.) ...... quick-connect ...... Small cans ...... quick-connect ......
The quick-connect fittings have been Comparison to Other Refrigerants section I.A.1 for R–404A. The ozone reviewed and found to be sufficiently RS–24 is not an ozone depleter; thus, depletion potential (ODP) of NU–22 is different from HFC–134a and FRIGC it reduces risk from ozone depletion zero. The Global Warming Potential FR–12 quick-connect fittings to be compared to CFC–12, the ODS it (GWP) of butane is less than 10 (relative considered unique. The labels will have replaces. RS–24 has a comparable or to carbon dioxide, using a 100-year time a gold background and black text. lower GWP than the other substitutes horizon). Butane is a VOC under Clean The submitter of RS–24 claims that for CFC–12. Flammability and toxicity Air Act regulations concerning the the composition of this HFC blend is risks are low, as discussed above. Thus, development of SIPs at 40 CFR confidential business information. You we find that RS–24 is acceptable 51.100(s). can find a version of the submission because it reduces overall risk to public Flammability Information with information claimed confidential health and the environment in the end by the submitter removed in EPA Air uses listed. While butane, one component of the Docket A–91–42, item VI-D–281. 4. NU–22 blend, is flammable, the blend is not Environmental Information flammable. EPA’s decision: NU–22 [R–125/134a/ The ozone depletion potential (ODP) 600 (46.6/50.0/3.4)] is acceptable for use Toxicity and Exposure Data of RS–24 is zero. The Global Warming in new and retrofit equipment as a HFC–125 and HFC–134a have Potentials (GWPs) of the constituents substitute for R–502 in: guidance level WEELs of 1000 ppm are between zero and approximately • Industrial process refrigeration 4000 (relative to carbon dioxide, using • Industrial process air-conditioning established by the AIHA. Butane has a a 100-year time horizon). • Cold storage warehouses threshold limit value (TLV) of 800 ppm • Refrigerated transport established by the American Conference At least one component of this blend • Retail food refrigeration of Goverment Industrial Hygienists has not been exempted from listing as • Commercial ice machines (ACGIH). EPA expects users to follow a VOC under Clean Air Act regulations • Vending machines all recommendations specified in the concerning the development of SIPs at • Water coolers Material Safety Data Sheet (MSDS) for 40 CFR 51.100(s). • Ice skating rinks the blend and the individual Flammability Information NU–22 is a blend of 46.6 percent components and other safety HFC–125, 50.0 percent HFC–134a, and precautions common in the refrigeration While at least one component of the 3.4 percent n-butane. and air conditioning industry. We also blend is moderately flammable, the You can find the most recent expect that users of NU–22 will adhere blend is not flammable. submission in EPA Air Docket A–91–42, to the AIHA’s WEELs and the ACGIH’s Toxicity and Exposure Data item VI-D–286. TLVs. In SNAP Notice of Acceptability #16 Components of the blend have (March 22, 2002; 67 FR 13272), EPA Comparison to Other Refrigerants workplace guidance level exposure noted that the composition of NU–22 limits on the order of 500 to 1000 ppm. was changed to match that of ISCEON NU–22 is not an ozone depleter; thus, EPA believes this exposure limit will be 59, and that EPA previously found it reduces risk from ozone depletion protective of human health and safety. ISCEON 59 acceptable as a substitute for compared to R–502, the ODS it replaces. EPA expects users to follow all R–22 in a number of end uses in SNAP NU–22 has a comparable or lower GWP recommendations specified in the Notice of Acceptability #11 (December than the other substitutes for R–502. Material Safety Data Sheet (MSDS) for 6, 1999; 64 FR 68039). Flammability and toxicity risks are low, the blend and the individual as discussed above. Thus, we find that components and other safety Environmental Information NU–22 is acceptable because it reduces precautions common in the refrigeration For environmental information on overall risk to public health and the and air conditioning industry. HFC–125 and HFC–134a, see above in environment in the end uses listed.
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5. R–407C components and other safety Flammability Information EPA’s decision: R–407C is acceptable precautions common in the refrigeration While HFC–32 is moderately for use in new and retrofit equipment as and air conditioning industry. We also flammable, the blend is not flammable. a substitute for HCFC–22 and HCFC expect that users of R–407C will adhere Toxicity and Exposure Data blends including, but not limited to, R– to the AIHA’s WEELs. 401A, R–401B, R–402A, R–402B, R– Comparison to Other Refrigerants For toxicity and exposure data on 406A, R–408A, R–409A, R–411A, R– HFC–125 and HFC–32, see section I.A.5 411B, R–411C, R–414A, R–414B, and R– R–407C is not an ozone depleter; thus, above for R–407C. We expect that users 416A in: it reduces risk from ozone depletion of R–410A will adhere to the AIHA’s • Retail food refrigeration compared to HCFC–22, the ODS it WEELs. • replaces, and blends containing HCFCs. Cold storage warehouses Comparison to Other Refrigerants • Commercial ice machines R–407C has a comparable or lower GWP • Refrigerated transport than the other substitutes for HCFC–22. R–410A is not an ozone depleter; • Ice skating rinks Flammability and toxicity risks are low, thus, it reduces risk from ozone • Water coolers as discussed above. Thus, we find that depletion compared to HCFC–22, the • Residential dehumidifiers R–407C is acceptable because it reduces ODS it replaces, and blends containing • Vending machines overall risk to public health and the HCFCs. Flammability and toxicity risks • Industrial process air conditioning environment in the end uses listed. are low, as discussed above. Thus, we • Reciprocating chillers 6. R–410A find that R–410A is acceptable because • Screw chillers it reduces overall risk to public health • Centrifugal chillers EPA’s decision: R–410A is acceptable and the environment in the end uses • Industrial process refrigeration for use in new equipment as a substitute listed. • Very low temperature refrigeration for HCFC blends including, but not • Non-mechanical heat transfer limited to, R–401A, R–401B, R–402A, 7. R–414B systems R–402B, R–406A, R–408A, R–409A, R– EPA’s decision: R–414B [R–22/124/ • Household refrigerators and freezers 411A, R–411B, R–411C, R–414A, R– 600a/142b (50/39/1.5/9.5)] is acceptable • Household and light commercial air 414B, and R–416A in: for use in new and retrofit equipment as conditioning • Retail food refrigeration a substitute for CFC–12 and CFC–114 in: R–407C is a blend of 23% by weight • Cold storage warehouses • Industrial process air conditioning HFC–32 (difluoromethane), 25% by • Commercial ice machines R–414B, sold under the trade name weight HFC–125 (pentafluoroethane) • Refrigerated transport Hot Shot, is a blend of 50% by weight and 52% by weight HFC–134a (1,1,1,2- • Ice skating rinks HCFC–22 (chlorodifluoromethane), 39% tetrafluoroethane). • Water coolers by weight HCFC–124 (2-chloro-1,1,1,2- EPA previously listed R–407C as an • Residential dehumidifiers tetrafluoroethane), 1.5% by weight R– acceptable alternative for HCFC–22 and • Vending machines 600a (isobutane) and 9.5% by weight CFCs in various end uses under SNAP • Industrial process air conditioning HCFC–142b (1-chloro-1,1- (February 8, 1996; 61 FR 4736). Since • Reciprocating chillers difluoroethane). You may find the that time, many users have switched to • Screw chillers submission under EPA Air Docket A– R–407C, while others have switched to • Centrifugal chillers 91–42, item VI–D–289. many different HCFC blends found EPA previously listed R–414B as an • Industrial process refrigeration acceptable under various SNAP acceptable alternative for CFC–12 and • Very low temperature refrigeration rulemakings and notices. Today’s R–500 in several end-uses under SNAP • Non-mechanical heat transfer decision finds it acceptable to switch (September 5, 1996; 61 FR 47012) and systems from HCFC blends to R–407C. found it acceptable subject to use • Household refrigerators and freezers conditions as a CFC–12 alternative in Environmental Information • Household and light commercial air motor vehicle air conditioners (October conditioning The ozone depletion potential (ODP) 16, 1996; 61 FR 54029). Today’s of R–407C is zero. The Global Warming R–410A is a blend of 50% by weight decision extends this decision to an Potentials (GWP) of HFC–125, HFC–32 HFC–32 (difluoromethane) and 50% by additional end-use. and HFC–134a are 3400, 880, and 1300, weight HFC–125 (pentafluoroethane). respectively (relative to carbon dioxide, EPA previously listed R–410A as an Environmental Information using a 100-year time horizon). acceptable alternative for HCFC–22 and The ozone depletion potentials HFC–32 is the only component of this CFCs in various end uses under SNAP (ODPs) of HCFC–22, HCFC–124 and blend that is a VOC under Clean Air Act (February 8, 1996; 61 FR 4736). Since HCFC–142b are 0.055, 0.022 and 0.065, regulations. that time, many users have switched to respectively. The global warming R–410A, while others have switched to Flammability Information potentials (GWPs) are 1700, 620 and many different HCFC blends found 2400, respectively (relative to carbon While HFC–32 is moderately acceptable under various SNAP dioxide, using a 100-year time horizon). flammable, the blend is not flammable. rulemakings and notices. Today’s Isobutane is under Clean Air Act decision finds it acceptable to switch Toxicity and Exposure Data regulations concerning the development from HCFC blends to R–410A. of SIPs at 40 CFR 51.100(s). All components of the blend have workplace environmental exposure Environmental Information Flammability Information limits (WEELs) of 1000 ppm established The ozone depletion potential (ODP) While HCFC–142b and isobutane are by the American Industrial Hygiene of R–410A is zero. For environmental flammable, the blend is not flammable. Association (AIHA). EPA expects users information about HFC–125, see section to follow all recommendations specified I.A.1 above for R-404A; for Toxicity and Exposure Data in the Material Safety Data Sheet environmental information about HFC– HCFC–22, HCFC–124 and HCFC–142b (MSDS) for the blend and the individual 32, see section I.A.5 above for R–407C. have workplace environmental exposure
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limits (WEELs) established by the have been exempted from listing as can find a version of the submission American Industrial Hygiene volatile organic compounds (VOCs) with information claimed confidential Association (AIHA) or threshold limit under Clean Air Act regulations by the submitter removed in EPA Air value (TLV) established by the concerning the development of state Docket A–91–42, items VI–D–269 and American Conference of Goverment implementation plans at 40 CFR VI–D–277. Additional information on Industrial Hygienists (ACGIH) of 1000 51.100(s). this fire suppressant is available in EPA ppm. Isobutane has a recommended Flammability Air Docket A–2002–08. exposure limit (REL) of 800 ppm established by the National Institute for HCFC–225ca, HCFC–225cb, and the Environmental Information Occupational Safety and Health commercial blend of HCFC–225ca/cb C6-perfluoroketone has no ozone- (NIOSH). EPA expects users to follow are non-flammable. depletion potential, a global warming all recommendations specified in the Toxicity and Exposure Data potential of six to 100 relative to CO2 Material Safety Data Sheet (MSDS) for over a 100 year time horizon, and an the blend and the individual The manufacturer’s recommended atmospheric lifetime of less than three components and other safety exposure guidelines over an eight-hour days. precautions common in the refrigeration time-weighted average are 50 ppm for and air conditioning industry. We also HCFC–225ca, 400 ppm for HCFC–225cb, Flammability expect that users of R–414B will adhere and 100 ppm for the commercial C6-perfluoroketone is non-flammable. to all recommended exposure limits. mixture of HCFC–225ca/cb. EPA initially established a use condition for Toxicity and Exposure Data Comparison to Other Refrigerants HCFC–225ca/cb in the precision The C6-perfluoroketone was assayed R–414B has a much lower ozone- cleaning and electronics cleaning end for its ability to induce cardiac depletion potential than CFC–12 and uses and did not issue an acceptability sensitization in the beagle dog determination for the metal cleaning CFC–114, the ODSs it replaces; thus, it (Huntington 2001). In that study, the end use because of earlier data reduces risk from ozone depletion. R– cardiotoxic NOAEL was determined to indicating the exposure guideline for 414B has a comparable or lower GWP be 10 percent. The manufacturer’s the commercial mixture should be only than the other substitutes for CFC–12 maximum design concentration of 6.44 50 ppm. More recent analysis of the and CFC–114 in the end-use listed. percent is significantly below the toxicological data indicate that a higher Flammability and toxicity risks are low, cardiotoxic NOAEL. exposure guideline is appropriate as discussed above. Thus, we find that Appropriate protective measures R–414B is acceptable because it reduces (SNAP Notice #16, March 22, 2002, 67 FR 13272). EPA expects users of HCFC– should be taken and proper training overall risk to public health and the administered for the manufacture, environment in the end use listed. 225ca/cb to follow all recommendations specified in the manufacturer’s Material clean-up and disposal of this product B. Solvent Cleaning Safety Data Sheets (MSDSs). and for the installation and maintenance of the total flooding systems using this 1. HCFC–225ca/cb Comparison to Other Cleaning Solvents product. EPA recommends the EPA’s Decision: HCFC–225ca and HCFC–225ca and HCFC–225cb have following for establishments installing HCFC–225cb are acceptable for use as a ODPs of 0.025 and 0.033, respectively; and maintaining total flooding systems substitute for CFC–113 and methyl thus, they reduce risk overall compared using this agent: chloroform in the metals cleaning end to CFC–113 and methyl chloroform, the • Install and use adequate ventilation; use. ODSs they replace. HCFC–225ca and • Clean up all spills immediately in HCFC–225ca is also called 3,3- HCFC–225cb have comparable or lower accordance with good industrial dichloro-1,1,1,2,2-pentafluoropropane. GWP than some acceptable substitutes hygiene practices; HCFC–225cb is also called 1,3-dichloro- for CFC–113 and methyl chloroform. • Provide training for safe handling 1,1,2,2,3-pentafluoropropane. They are HCFC–225ca and HCFC–225cb are non- procedures to all employees that would sold in a commercial blend of 45% of flammable. HCFC–225ca and HCFC– be likely to handle containers of the the ca isomer and 55% of the cb isomer 225cb are VOC-exempt. Thus, we find agent or extinguishing units filled with (‘‘HCFCca/cb’’). that HCFC–225ca, HCFC–225cb, and the EPA has previously found HCFC– the agent; and commercial blend of HCFC–225ca/cb • 225ca/cb acceptable subject to use Provide safety features such as pre- are acceptable because they reduce conditions for use in solvents cleaning discharge alarms, time delays, and overall risk to public health and the in the precision cleaning and electronics system abort switches, as directed by environment in the end use listed. cleaning end uses (June 13, 1995, 60 FR applicable OSHA regulations and NFPA 31092) and acceptable for use in aerosol C. Fire Suppression and Explosion standards. EPA recommends that solvents (April 28, 1999, 64 FR 22981). Protection unnecessary exposure to fire suppression agents and their Environmental Information 1. C6-perfluoroketone decomposition products be avoided and HCFC–225ca and HCFC–225cb have EPA’s decision: C6-perfluoroketone is that personnel exposure be limited to no ozone depletion potentials (ODPs), acceptable as a substitute for halon 1301 more than 5 minutes. respectively, of 0.025 and 0.033. HCFC– in the total flooding end use for both Use of this agent should conform with 225ca and HCFC–225cb have global normally occupied and unoccupied relevant Occupational Safety and Health warming potentials (GWPs) of 180 and spaces. Administration (OSHA) requirements, 620, respectively, over a 100-year time C6-perfluoroketone is comprised of a including 29 CFR 1910, subpart L, horizon. HCFC–225ca has an perfluoroalkyl ketone (1,1,1,2,2,4,5,5,5- sections 1910.160 and 1910.162. EPA atmospheric lifetime (ALT) of 2.1 years nonafluoro-4-(trifluoromethyl)-3- expects that users will follow the safety and HCFC–225cb has an ALT of 6.2 pentanone). It is marketed under the guidelines in the NFPA 2001 standard years. trade name Novec-1230. Other names for clean agent fire extinguishing HCFC–225ca, HCFC–225cb, and the include FK–5–1–12mmy2, perfluoro-2- systems and the guidelines in the commercial blend of HCFC–225ca/cb methyl-3-pentanone, and L–15566. You manufacturer’s MSDSs.
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Comparison to Other Fire Suppressants methyl bromide, and • Sterilants; • EPA has reviewed the potential hydrobromofluorocarbon) or class II Aerosols; environmental impacts of this substitute (hydrochlorofluorocarbon) substance • Adhesives, coatings and inks; and and has concluded that, by comparison with any substitute that the • Tobacco expansion. to halon 1301 and other acceptable Administrator determines may present These sectors compose the principal substitutes, C6-perfluoroketone adverse effects to human health or the industrial sectors that historically significantly reduces overall risk to the environment where the Administrator consumed the largest volumes of ozone- environment. With no ozone-depletion has identified an alternative that (1) depleting compounds. potential, a global warming potential reduces the overall risk to human health As described in this original rule for value of less than 100, and an and the environment, and (2) is the SNAP program, EPA does not atmospheric lifetime of less than three currently or potentially available. believe that rulemaking procedures are • Listing of Unacceptable/Acceptable days, C6-perfluoroketone provides an required to list alternatives as Substitutes—Section 612(c) also improvement over use of halon 1301, acceptable with no limitations. Such requires EPA to publish a list of the hydrochlorofluorocarbons (HCFCs) and listings do not impose any sanction, nor substitutes unacceptable for specific hydrofluorocarbons (HFCs) in fire do they remove any prior license to use uses. EPA must publish a corresponding protection. We find that C6- a substance. Therefore, by this notice we list of acceptable alternatives for perfluoroketone is acceptable because it are adding substances to the list of specific uses. reduces overall risk to public health and acceptable alternatives without first • Petition Process—Section 612(d) the environment in the end use listed. requesting comment on new listings. grants the right to any person to petition D. Aerosols EPA to add a substance to or delete a However, we do believe that notice- and-comment rulemaking is required to 1. HCFC–225ca/cb substance from the lists published in accordance with section 612(c). The place any substance on the list of EPA’s Decision: HCFC–225ca and Agency has 90 days to grant or deny a prohibited substitutes, to list a HCFC–225cb are acceptable for use as a petition. Where the Agency grants the substance as acceptable only under substitute for HCFC–141b in the aerosol petition, it must publish the revised lists certain conditions, to list substances as solvent end use. within an additional six months. acceptable only for certain uses, or to For further information on HCFC– • 90-day Notification—Section 612(e) remove a substance from the lists of 225ca and HCFC–225cb, see section B., directs EPA to require any person who prohibited or acceptable substitutes. We Solvent Cleaning, above. produces a chemical substitute for a publish updates to these lists as separate notices of rulemaking in the Federal Comparison to Other Aerosol Solvents class I substance to notify the Agency not less than 90 days before new or Register. HCFC–225ca and HCFC–225cb have existing chemicals are introduced into The Agency defines a ‘‘substitute’’ as ODPs of 0.025 and 0.033, while HCFC– interstate commerce for significant new any chemical, product substitute, or 141b has an ODP of 0.11; thus, HCFC– uses as substitutes for a class I alternative manufacturing process, 225ca and –225cb reduce risk overall substance. The producer must also whether existing or new, intended for compared to HCFC–141b, the ODS they provide the Agency with the producer’s use as a replacement for a class I or class replace. HCFC–225ca and HCFC–225cb unpublished health and safety studies II substance. Anyone who produces a have GWPs of 180 and 620, respectively, on such substitutes. substitute must provide EPA with which are comparable or lower than the • Outreach—Section 612(b)(1) states health and safety studies on the GWP of HCFC–141b (700) and the GWPs that the Administrator shall seek to substitute at least 90 days before of some acceptable substitutes for maximize the use of federal research introducing it into interstate commerce HCFC–141b. HCFC–225ca and HCFC– facilities and resources to assist users of for significant new use as an alternative. 225cb are non-flammable. They are less class I and II substances in identifying This requirement applies to substitute toxic than some other acceptable and developing alternatives to the use of manufacturers, but may include substitutes for HCFC–141b. HCFC– such substances in key commercial importers, formulators, or end-users, 225ca and –225cb are VOC-exempt and applications. when they are responsible for are not hazardous air pollutants, unlike • Clearinghouse—Section 612(b)(4) introducing a substitute into commerce. many alternatives in this end use. requires the Agency to set up a public You can find a complete chronology Therefore, we find that HCFC–225ca, clearinghouse of alternative chemicals, of SNAP decisions and the appropriate HCFC–225cb, and the commercial blend product substitutes, and alternative Federal Register citations from the of HCFC–225ca/cb are acceptable manufacturing processes that are SNAP section of EPA’s Ozone Depletion because they reduce overall risk to available for products and World Wide Web site at www.epa.gov/ public health and the environment in manufacturing processes which use ozone/title6/snap/chron.html. This the end use listed. class I and II substances. information is also available from the II. Section 612 Program Air Docket (see ADDRESSES section B. Regulatory History above for contact information). A. Statutory Requirements On March 18, 1994, EPA published List of Subjects in 40 CFR Part 82 Section 612 of the Clean Air Act the final rulemaking (59 FR 13044) authorizes EPA to develop a program for which described the process for Environmental protection, evaluating alternatives to ozone- administering the SNAP program. In the Administrative practice and procedure, depleting substances. We refer to this same notice, we issued the first Air pollution control, Reporting and program as the Significant New acceptability lists for substitutes in the recordkeeping requirements. Alternatives Policy (SNAP) program. major industrial use sectors. These Dated: December 9, 2002. The major provisions of section 612 are: sectors include: Brian J. McLean, • Rulemaking—Section 612(c) • Refrigeration and air conditioning; requires EPA to promulgate rules • Foam blowing; Director, Office of Atmospheric Programs, Office of Air and Radiation. making it unlawful to replace any class • Solvents cleaning; I (chlorofluorocarbon, halon, carbon • Fire suppression and explosion Appendix A: Summary of Acceptable tetrachloride, methyl chloroform, protection; Decisions
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REFRIGERATION AND AIR-CONDITIONING
End-Use Substitute Decision Further information
Industrial process refrigeration (retrofit and RS–24 as a substitute for CFC–12 ...... Acceptable new). NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note 1 HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Industrial process refrigeration (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Industrial process air conditioning (retrofit and RS–24 as a substitute for CFC–12 ...... Acceptable new). NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for for HCFC–22 and Acceptable ...... See note HCFC blends. R–414B as a substitute for for CFC–12 and Acceptable CFC–14. Industrial process air conditioning (new) ...... R–410A as a substitute for HCFC–22 and Acceptable See note HCFC blends. Ice skating rinks (retrofit and new) ...... RS–24 as a substitute for CFC–12 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Ice skating rinks (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Cold storage warehouses (retrofit and new) .... RS–24 as a substitute for CFC–12 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Cold storage warehouses (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Refrigerated transport (retrofit and new) ...... RS–24 as a substitute for CFC–12 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Refrigerated transport (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Retail food refrigeration (retrofit and new) ...... RS–24 as a substitute for CFC–12 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Retail food refrigeration (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Vending machines (retrofit and new) ...... RS–24 as a substitute for CFC–12 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends.
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REFRIGERATION AND AIR-CONDITIONING—Continued
End-Use Substitute Decision Further information
Vending machines (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Water coolers (retrofit and new) ...... RS–24 as a substitute for CFC–12 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Water coolers (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Commercial ice machines (retrofit and new) ... RS–24 as a substitute for CFC–12 ...... Acceptable NU–22 as a substitute for R–502 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Commercial ice machines (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Household refrigerators and freezers (retrofit R–404A as a substitute for CFC–12 ...... Acceptable. and new). RS–24 as a substitute for CFC–12 ...... Acceptable R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Household refrigerators and freezers (new) .... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Reciprocating chillers (retrofit and new) ...... R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Reciprocating chillers (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Centrifugal chillers (retrofit and new) ...... R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Centrifugal chillers (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Screw chillers (retrofit and new) ...... R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Screw chillers (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Very low temperature refrigeration (retrofit and R–404A as a substitute for HCFC–22 and Acceptable ...... See note new). HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Very low temperature refrigeration (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Non-mechanical heat transfer systems (retrofit R–404A as a substitute for HCFC–22 and Acceptable ...... See note and new). HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Non-mechanical heat transfer systems (new) R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends.
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REFRIGERATION AND AIR-CONDITIONING—Continued
End-Use Substitute Decision Further information
Household and light commercial air condi- tioning (retrofit and new). R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Household and light commercial air condi- R–410A as a substitute for HCFC–22 and Acceptable ...... See note tioning (new). HCFC blends. Residential dehumidifiers (retrofit and new) .... RS–24 as a substitute for CFC–12 ...... Acceptable ...... R–404A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–507A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. R–407C as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Residential dehumidifiers (new) ...... R–410A as a substitute for HCFC–22 and Acceptable ...... See note HCFC blends. Motor vehicle air conditioning (retrofit and RS–24 as a substitute for CFC–12 ...... Acceptable subject to Users must use the new). use conditions. unique fittings and label specified by the manufacturer. Use is subject to re- quirements under § 609 of the Clean Air Act. 1 Note: HCFC blends include, but are not limited to, R–410A, R–401B, R–402A, R–402B, R–406A, R–408A, R–409A, R–411A, R–411B, R– 411C, R–414A, R–414B, and R–416.
SOLVENT CLEANING
End-Use Substitute Decision Further Information
Metal cleaning ...... HCFC–225ca and HCFC–225cb as a substitute for CFC–113 and Acceptable ..... EPA recommends observing the methyl chloroform. manufacturer’s recommended exposure guidelines of 50 ppm for the ¥ca isomer, 400 ppm for the ¥cb isomer, and 100 ppm for the commercial mixture of HCFC–225ca/cb. EPA encourages users to con- sider other alternatives that do not have an ozone depletion po- tential.
FIRE SUPPRESSION AND EXPLOSION PROTECTION
End-Use Substitute Decision Further Information
Total flooding ...... C6–perfluoroketone as a sub- Acceptable ..... Use of the agent should be in accordance with the safety guidelines stitute for Halon 1301. in the latest edition of the NFPA 2001 Standard for Clean Agent Fire Extinguishing Systems. For operations that install and maintain total flooding systems using this agent, EPA recommends the following: — Install and use adequate ventilation; — Clean up all spills immediately in accordance with good industrial hygiene practices; and — Provide training for safe handling procedures to all employees that would be likely to handle containers of the agent or extinguishing units filled with the agent. See additional notes 1, 2, 3, 4, 5. Additional notes: 1. Should conform with relevant OSHA requirements, including 29 CFR 1910, subpart L, sections 1910.160, 1910.161 (dry chemicals and aerosols) and 1910.162 (gaseous agents). 2. Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 3. Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements.
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4. The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or de- stroyed. 5. EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory pro- tection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes.
AEROSOLS
End-Use Substitute Decision Further Information
Aerosol solvents .. HCFC–225ca and HCFC–225cb Acceptable ..... EPA recommends observing the manufacturer’s recommended expo- as a substitute for HCFC–141b. sure guidelines of 50 ppm for the -ca isomer, 400 ppm for the -cb isomer, and 100 ppm for the commercial mixture of HCFC–225ca/ cb. EPA encourages users to consider other alternatives that do not have an ozone depletion potential.
[FR Doc. 02–32130 Filed 12–19–02; 8:45 am] 208.003 [Amended] FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 6560–50–U 3. Newly designated section 208.003 Angelena Moy, Defense Acquisition is amended by redesignating paragraphs Regulations Council, (f) and (g) as paragraphs (d) and (e), OUSD(AT&L)DPAP(DAR), IMD 3C132, DEPARTMENT OF DEFENSE respectively. 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–1302; 48 CFR Part 208 and Appendix G to 208.7000 [Amended] facsimile (703) 602–0350. Please cite Chapter 2 4. Section 208.7000 is amended in DFARS Case 2002–D029. SUPPLEMENTARY INFORMATION: Defense Federal Acquisition paragraph (b), in the parenthetical, by Regulation Supplement; Technical removing ‘‘Integrated Materiel A. Background Amendments Management’’ and adding in its place ‘‘Defense Integrated Materiel This final rule amends DFARS AGENCY: Department of Defense (DoD). Management Manual’’. 219.7104 and Appendix I to implement section 812 of the National Defense ACTION: Final rule. Appendix G—Activity Address Authorization Act for Fiscal Year 2002 SUMMARY: DoD is making technical Numbers (Pub. L. 107–107). Section 812 extends, amendments to the Defense Federal through September 30, 2005, the period PART 2—[AMENDED] Acquisition Regulation Supplement to during which companies may enter into update titles, section numbers, and 5. Appendix G to chapter 2 is agreements under the DoD Pilot Mentor- ´ ´ paragraph designations. amended in part 2, in entry ‘‘DABK15’’, Protege Program. In addition, section EFFECTIVE DATE: December 20, 2002. by removing ‘‘Directorate of 812 extends, through September 30, FOR FURTHER INFORMATION CONTACT: Ms. Contracting’’ and adding in its place 2008, the period during which mentor Michele Peterson, Defense Acquisition ‘‘Contracting Command’’. firms may incur costs that are eligible Regulations Council, for reimbursement or credit under the [FR Doc. 02–31945 Filed 12–19–02; 8:45 am] OUSD(AT&L)DPAP(DAR), IMD 3C132, Program. 3062 Defense Pentagon, Washington, DC BILLING CODE 5001–08–P This rule was not subject to Office of 20301–3062. Telephone (703) 602–0311; Management and Budget review under facsimile (703) 602–0350. Executive Order 12866, dated DEPARTMENT OF DEFENSE September 30, 1993. List of Subjects in 48 CFR Part 208 48 CFR Part 219 and Appendix I to B. Regulatory Flexibility Act Government procurement. Chapter 2 This rule will not have a significant Michele P. Peterson, [DFARS Case 2002–D029] cost or administrative impact on Executive Editor, Defense Acquisition contractors or offerors, or a significant Regulations Council. Defense Federal Acquisition effect beyond the internal operating Therefore, 48 CFR part 208 and Regulation Supplement; Extension of procedures of DoD. Therefore, Appendix G to chapter 2 are amended DoD Pilot Mentor-Prote´ge´ Program publication for public comment is not as follows: required. However, DoD will consider 1. The authority citation for 48 CFR AGENCY: Department of Defense (DoD). comments from small entities part 208 and Appendix G to subchapter ACTION: Final rule. concerning the affected DFARS subparts I continues to read as follows: in accordance with 5 U.S.C. 610. Such SUMMARY: DoD has issued a final rule Authority: 41 U.S.C. 421 and 48 CFR comments should cite DFARS Case amending the Defense Federal 2002–D029. chapter 1. Acquisition Regulation Supplement C. Paperwork Reduction Act PART 208—REQUIRED SOURCES OF (DFARS) to implement section 812 of SUPPLIES AND SERVICES the National Defense Authorization Act The information collection for Fiscal Year 2002. Section 812 requirements associated with the DoD 208.001 and 208.002 [Redesignated as extends, through September 30, 2005, Pilot Mentor Prote´ge´ Program have been 208.002 and 208.003] the period during which companies may approved by the Office of Management 2. Sections 208.001 and 208.002 are enter into agreements under the DoD and Budget, under Control Number redesignated as sections 208.002 and Pilot Mentor-Prote´ge´ Program. 0704–0332, for use through March 31, 208.003, respectively. EFFECTIVE DATE: December 20, 2002. 2004.
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List of Subjects in 48 CFR Part 219 determination of the Under Secretary of the March 14, 2002, USD(AT&L) Government procurement. Defense (Acquisition, Technology, and determination to acquisitions subject to Logistics) that, for procurements subject the Balance of Payments Program, since Michele P. Peterson, to the Trade Agreements Act, it would the Balance of Payments Program is an Executive Editor, Defense Acquisition be inconsistent with the public interest extension of the Buy American Act Regulations Council. to apply the Buy American Act to U.S.- restrictions to acquisitions of supplies Therefore, 48 CFR part 219 and made end products that are for overseas use. Appendix I to chapter 2 are amended as substantially transformed in the United DoD published a proposed rule at 67 follows: States. FR 49278 on July 30, 2002. Two sources 1. The authority citation for 48 CFR EFFECTIVE DATE: December 20, 2002. submitted comments on the proposed part 219 and Appendix I to subchapter FOR FURTHER INFORMATION CONTACT: Ms. rule. Both sources supported the DFARS I continues to read as follows: Amy Williams, Defense Acquisition changes in the proposed rule. Therefore, Authority: 41 U.S.C. 421 and 48 CFR Regulations Council, DoD is adopting the proposed rule as a chapter 1. OUSD(AT&L)DPAP(DAR), IMD 3C132, final rule without change. 3062 Defense Pentagon, Washington, DC This rule was not subject to Office of PART 219—SMALL BUSINESS 20301–3062. Telephone (703) 602–0328; Management and Budget review under PROGRAMS facsimile (703) 602–0350. Please cite Executive Order 12866, dated DFARS Case 2002–D008. September 30, 1993. 219.7104 [Amended] SUPPLEMENTARY INFORMATION: 2. Section 219.7104 is amended in B. Regulatory Flexibility Act paragraph (b), in the last sentence, and A. Background This rule may have a significant in paragraph (d) by removing ‘‘2005’’ On March 14, 2002, the Under economic impact on a substantial and adding in its place ‘‘2008’’. Secretary of Defense (Acquisition, number of small entities within the Appendix I—Policy and Procedures for Technology, and Logistics) meaning of the Regulatory Flexibility the DOD Pilot Mentor-Protege Program (USD(AT&L)) determined that, for Act, 5 U.S.C. 601, et seq. A final procurements subject to the Trade regulatory flexibility analysis has been I–102 [Amended] Agreements Act, it would be prepared and is summarized as follows: 3. Appendix I to chapter 2 is amended inconsistent with the public interest to The objective of the rule is to avoid in section I–102, in paragraphs (a) and apply the Buy American Act to U.S.- treating products substantially (b), by removing ‘‘2002’’ and adding in made end products that are transformed in the United States less its place ‘‘2005’’. substantially transformed in the United favorably than products substantially States. This determination expands the transformed in a designated, Caribbean I–103 [Amended] May 16, 1997, USD(AT&L) Basin, or NAFTA country. Under 4. Appendix I to chapter 2 is amended determination (presently implemented existing DFARS policy, offers of in section I–103 as follows: in DFARS part 225) that it would be domestic end products are given a 50 a. In paragraph (a), by removing inconsistent with the public interest to percent price evaluation preference over ‘‘2002’’ and adding in its place ‘‘2005’’; apply the Buy American Act to U.S.- offers of U.S.-made end products for and made information technology products which the cost of foreign components b. In paragraph (b) introductory text in Federal Supply Group 70 or 74. The exceeds the cost of domestic and paragraph (c), by removing ‘‘2005’’ March 14, 2002, determination is components by 50 percent or more. and adding in its place ‘‘2008’’. consistent with Federal Acquisition However, for acquisitions subject to the Regulation policy applicable to civilian Trade Agreements Act, an end product I–109 [Amended] agencies with regard to the treatment of of a designated, Caribbean Basin, or 5. Appendix I to chapter 2 is amended U.S.-made end products. NAFTA country is exempt from in section I–109, in paragraph (e)(3), by This DFARS rule implements the application of the 50 percent evaluation removing ‘‘2005’’ and adding in its March 14, 2002, USD(AT&L) factor, regardless of the source of the place ‘‘2008’’. determination. The rule simplifies components. Therefore, a company [FR Doc. 02–31947 Filed 12–19–02; 8:45 am] evaluation of offers in acquisitions might be encouraged to manufacture a subject to the Trade Agreements Act, product in a designated, Caribbean BILLING CODE 5001–08–P because it is no longer necessary to Basin, or NAFTA country rather than in determine if a U.S.-made end product is the United States. This DFARS rule DEPARTMENT OF DEFENSE also a domestic end product, i.e., the revises evaluation procedures for cost of domestic components exceeds acquisitions subject to the Trade 48 CFR Parts 225 and 252 the cost of all components by more than Agreements Act to eliminate the 50 50 percent. Additionally, the provision percent price advantage that DoD [DFARS Case 2002–D008] at DFARS 252.225–7006, Buy American presently gives to domestic end Defense Federal Acquisition Act—Trade Agreements—Balance of products over U.S.-made end products Regulation Supplement; Trade Payments Program Certificate, and the with foreign component content of 50 Agreements Act—Exception for U.S.- clause at DFARS 252.225–7007, Buy percent or more. Therefore, the cost Made End Products American Act—Trade Agreements— incentive to manufacture components in Balance of Payments Program, are no the United States is removed. However, AGENCY: Department of Defense (DoD). longer necessary, because the provision for companies that provide U.S.-made ACTION: Final rule. at DFARS 252.225–7020, Trade end products containing foreign Agreements Certificate, and the clause components, the incentive to move end SUMMARY: DoD has issued a final rule at DFARS 252.225–7021, Trade product manufacturing facilities to a amending the Defense Federal Agreements, are now appropriate for all designated, Caribbean Basin, or NAFTA Acquisition Regulation Supplement acquisitions subject to the Trade country is reduced. There were no (DFARS) to implement the Agreements Act. This rule also applies significant issues raised by the public
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comments in response to the initial 5. Section 225.402 is revised to read 8, Duty-Free Entry, evaluate the regulatory flexibility analysis. as follows: nonqualifying country offer exclusive of duty by reducing the offered price by C. Paperwork Reduction Act 225.402 General. the amount of duty identified in the The rule eliminates the requirement To estimate the value of the clause at 252.225–7003, Information for for offerors to track and document the acquisition, use the total estimated Duty-Free Entry Evaluation (see origin of components of U.S.-made end value of end products subject to trade 225.504(2)(ii) and (3)(ii)). If award is products in acquisitions subject to the agreement acts (see 225.401–70). made on the nonqualifying country Trade Agreements Act. This reduces by 6. Section 225.502 is revised to read offer, award at the offered price minus 960 hours the annual paperwork burden as follows: duty. requirements previously approved by (B) If duty is not to be exempted, 225.502 Application. the Office of Management and Budget evaluate the nonqualifying country offer under Control Number 0704–0229. (b) Use the following procedures inclusive of duty (see 225.504(2)(i) and instead of the procedures in FAR List of Subjects in 48 CFR Parts 225 and (3)(i)). 25.502(b) for acquisitions subject to the (iv) If these evaluation procedures 252 Trade Agreements Act: result in a tie between a nonqualifying Government procurement. (i) Consider only offers of U.S.-made, country offer and a domestic offer, make qualifying country, or eligible end Michele P. Peterson, award on the domestic offer. products, except as permitted by (v)(A) There are two tests that must be Executive Editor, Defense Acquisition 225.403. Regulations Council. met to determine whether a (ii) If price is the determining factor, manufactured item is a domestic end Therefore, 48 CFR parts 225 and 252 award on the low offer. product— are amended as follows: (c) Use the following procedures (1) The end product must have been 1. The authority citation for 48 CFR instead of those in FAR 25.502(c) for manufactured in the United States; and parts 225 and 252 continues to read as acquisitions subject to the Buy (2) The cost of its U.S. and qualifying follows: American Act or the Balance of country components must exceed 50 Authority: 41 U.S.C. 421 and 48 CFR Payments Program. percent of the cost of all of its chapter 1. (i) Treat offers of eligible end products components. This test is applied to end under acquisitions subject to NAFTA as products only, and not to individual PART 225—FOREIGN ACQUISITION if they were qualifying country offers. components. As used in this section, the term 225.001 [Amended] (B) Because of the component test, the ‘‘nonqualifying country offer’’ may also definition of ‘‘domestic end product’’ is 2. Section 225.001 is amended as apply to an offer that is not an eligible more restrictive than the definition for— follows: offer under NAFTA. (1) ‘‘U.S.-made end product’’ under a. By removing paragraph (3)(ii) and (ii) Except as provided in paragraph trade agreements; redesignating paragraph (3)(iii) as (c)(iii) of this section, evaluate offers by (2) ‘‘Domestically produced or paragraph (3)(ii); and adding a 50 percent factor to the price manufactured products’’ under small b. In newly designated paragraph (including duty) of each nonqualifying business set-asides or small business (3)(ii), by removing ‘‘U.S. made’’ and country offer (see 225.504(1)). reservations; and adding in its place ‘‘U.S.-made’’. (A) Nonqualifying country offers (3) Products of small businesses under include duty in the offered price. When 225.003 [Amended] FAR Part 19. applying the factor, evaluate based on 3. Section 225.003 is amended as the inclusion of duty, whether or not 225.504 [Amended] follows: duty is to be exempted. If award is made 7. Section 225.504 is amended by a. In paragraph (4), by removing on the nonqualifying country offer and removing paragraph (4). ‘‘252.225–7007, Buy American Act- duty is to be exempted through Trade Agreements-Balance of Payments inclusion of the clause at FAR 52.225– 225.1101 [Amended] Program;’’; and 8, Duty-Free Entry, award at the offered 8. Section 225.1101 is amended as b. In paragraph (12), by removing price minus the amount of duty follows: ‘‘252.225–7007. Buy American Act- identified in the provision at 252.225– a. In paragraph (2)(i), by removing Trade Agreements-Balance of Payments 7003, Information for Duty-Free Entry ‘‘252.225–7007, Buy American Act- Program;’’. Evaluation (see 225.504(1)(ii)). Trade Agreements-Balance of Payments 4. Section 225.103 is amended as (B) When a nonqualifying country Program;’’; follows: offer includes more than one line item, b. By removing paragraph (3)(ii) and a. By redesignating paragraph (a)(1) as apply the 50 percent factor— redesignating paragraphs (3)(iii) and paragraph (a)(i); and (1) On an item-by-item basis; or (3)(iv) as paragraphs (3)(ii) and (3)(iii), b. By revising newly designated (2) On a group of items, if the respectively; paragraph (a)(i)(B) to read as follows: solicitation specifically provides for c. By removing paragraphs (5) and (6) award on a group basis. and redesignating paragraphs (7) 225.103 Exceptions. (iii) When application of the factor through (14) as paragraphs (5) through (a)(i) * * * would not result in the award of a (12), respectively; (B) The Under Secretary of Defense domestic end product, i.e., when no d. In newly designated paragraph (9), (Acquisition, Technology, and Logistics) domestic offers are received (see by removing ‘‘when acquiring has determined that, for procurements 225.504(3)) or when a qualifying or information technology products in subject to the Trade Agreements Act, it NAFTA country offer is lower than the Federal Supply Group 70 or 74’’ and is inconsistent with the public interest domestic offer (see 225.504(2)), evaluate adding in its place ‘‘if the acquisition is to apply the Buy American Act to end nonqualifying country offers without subject to the Trade Agreements Act’’; products that are substantially the 50 percent factor. and transformed in the United States. (A) If duty is to be exempted through e. In newly designated paragraph (12), * * * * * inclusion of the clause at FAR 52.225– by removing ‘‘252.225–7007, Buy
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American Act-Trade Agreements- 252.225–7006 and 252.225–7007 [Removed 252.225–7021 [Amended] Balance of Payments Program;’’. and Reserved] 16. Section 252.225–7021 is amended 9. Section 225.7501 is amended by 11. Sections 252.225–7006 and in the introductory text by removing revising paragraph (b)(1)(iii) to read as 252.225–7007 are removed and ‘‘225.1101(11)’’ and adding in its place follows: reserved. ‘‘225.1101(9)’’. 225.7501 Policy. 252.225–7008 [Amended] 252.225–7035 [Amended] * * * * * 12. Section 252.225–7008 is amended (b) * * * in the introductory text by removing 17. Section 252.225–7035 is amended (1) * * * (iii) For acquisitions subject to the ‘‘225.1101(7)’’ and adding in its place in the introductory text and in Alternate Trade Agreements Act, is a U.S.-made ‘‘225.1101(5)’’. I by removing ‘‘225.1101(12)’’ and adding in its place ‘‘225.1101(10)’’. end product; or 252.225–7009 [Amended] * * * * * 13. Section 252.225–7009 is amended 252.225–7036 [Amended] PART 252—SOLICITATION in the introductory text by removing 18. Section 252.225–7036 is amended ‘‘225.1101(8)’’ and adding in its place PROVISIONS AND CONTRACT in the introductory text and in Alternate ‘‘225.1101(6)’’. CLAUSES I introductory text by removing 252.212–7001 [Amended] 252.225–7010 [Amended] ‘‘225.1101(13)’’ and adding in its place ‘‘225.1101(11)’’. 10. Section 252.212–7001 is amended 14. Section 252.225–7010 is amended as follows: in the introductory text by removing 252.225–7037 [Amended] a. By revising the clause date to read ‘‘225.1101(9)’’ and adding in its place ‘‘(DEC 2002)’’; and ‘‘225.1101(7)’’. 19. Section 252.225–7037 is amended b. In paragraph (b), by removing in the introductory text by removing 252.225–7020 [Amended] ‘‘ll252.225–7007 Buy American Act- ‘‘225.1101(14)’’ and adding in its place Trade Agreements-Balance of Payments 15. Section 252.225–7020 is amended ‘‘225.1101(12)’’. Program (OCT 2002)(41 U.S.C. 10a–10d, in the introductory text by removing [FR Doc. 02–31946 Filed 12–19–02; 8:45 am] 19 U.S.C. 2501–2518, and 19 U.S.C. ‘‘225.1101(10)’’ and adding in its place 3301 note).’’. ‘‘225.1101(8)’’. BILLING CODE 5001–08–P
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Proposed Rules Federal Register Vol. 67, No. 245
Friday, December 20, 2002
This section of the FEDERAL REGISTER You may read any comments that we population expansion; thus, outbreaks contains notices to the public of the proposed receive on this docket in our reading can cause severe economic losses. issuance of rules and regulations. The room. The reading room is located in Heavy infestations can cause complete purpose of these notices is to give interested room 1141 of the USDA South Building, loss of crops. Oriental fruit fly is persons an opportunity to participate in the 14th Street and Independence Avenue, prevalent throughout tropical Asia, rule making prior to the adoption of the final rules. SW., Washington, DC. Normal reading including parts of the People’s Republic room hours are 8 a.m. to 4:30 p.m., of China. It does not, however, thrive in Monday through Friday, except cold climates. DEPARTMENT OF AGRICULTURE holidays. To be sure someone is there to In March 2000, the People’s Republic help you, please call (202) 690–2817 of China submitted fruit fly trapping Animal and Plant Health Inspection before coming. data for 1997 through 1999 that showed Service APHIS documents published in the no occurrence of Oriental fruit fly in Federal Register, and related Hebei Province. Further data have 7 CFR Part 319 information, including the names of continued to indicate that Oriental fruit organizations and individuals who have [Docket No. 02–084–1] fly is not present in Hebei Province. commented on APHIS dockets, are (More information about these data may Removal of Cold Treatment available on the Internet at http:// be obtained from the person listed Requirement for Ya Pears Imported www.aphis.usda.gov/ppd/rad/ under FOR FURTHER INFORMATION From Hebei Province in China webrepor.html. CONTACT.) Based on these negative FOR FURTHER INFORMATION CONTACT: Dr. findings, the People’s Republic of China AGENCY: Animal and Plant Health Inder P. Gadh, Import Specialist, has requested that we remove the cold Inspection Service, USDA. Phytosanitary Issues Management Team, treatment requirement for Ya pears from ACTION: Proposed rule. PPQ, APHIS, 4700 River Road, Unit 140, Hebei Province. We have determined that these negative findings are SUMMARY: We are proposing to remove Riverdale, MD 20737–1236; (301) 734– sufficient proof that Oriental fruit fly is the current cold treatment requirement 6799. not present in Hebei Province. In for Ya pears imported from Hebei SUPPLEMENTARY INFORMATION: addition, the cool climate of Hebei Province in the People’s Republic of Background Province, which is comparable to that of China. The cold treatment requirement Pennsylvania in the United States, does was imposed to ensure that Ya pears did The regulations in ‘‘Subpart—Fruits not favor the development of Oriental not introduce the Oriental fruit fly into and Vegetables’’ (7 CFR 319.56 through fruit fly. Therefore, we propose to allow the United States. The People’s 319.56–8, referred to below as the Ya pears from Hebei Province to be Republic of China has submitted data regulations) prohibit or restrict the imported into the United States without indicating that no Oriental fruit flies importation of fruits and vegetables into cold treatment. have been found in Hebei Province the United States from certain parts of As noted, Ya pears may also be since the beginning of 1997 and has the world to prevent the introduction imported from Shadong Province under requested that we remove the cold and spread of plant pests that are new the regulations in § 319.56–2ee. We treatment requirement. Removing the to or not widely distributed within the would continue to require that Ya pears cold treatment requirement would lift a United States. Section 319.56–2ee of the regulations from Shadong Province be cold treated, restriction that no longer appears sets out the conditions for importing Ya as China has not offered evidence necessary. variety pears produced in approved demonstrating that Oriental fruit fly is DATES: We will consider all comments growing areas in the Hebei and Shadong not present in Shadong Province. If, in that we receive on or before February Provinces of the People’s Republic of the future, China provides sufficient 18, 2003. China. The safeguards specified in the evidence to show that Oriental fruit fly ADDRESSES: You may submit comments regulations include growing the pears in is not present in Shadong Province, we by postal mail/commercial delivery or registered orchards only, field would consider removing the cold by e-mail. If you use postal mail/ inspections for pests during the growing treatment requirement for Ya pears commercial delivery, please send four season, applying pesticides to reduce produced in Shadong Province. copies of your comment (an original and the pest populations, bagging the pears Therefore, we propose to amend three copies) to: Docket No. 02–084–1, on the trees, and inspecting the fruit § 319.56–2ee (b) to indicate that only Regulatory Analysis and Development, after the harvest. In addition, the pears from Shadong Province would be PPD, APHIS, Station 3C71, 4700 River regulations require that the Ya pears required to undergo cold treatment Road Unit 118, Riverdale, MD 20737– undergo cold treatment for Oriental fruit before importation into the United 1238. Please state that your comment fly in accordance with the Plant States. refers to Docket No. 02–084–1. If you Protection and Quarantine Treatment We also propose to amend § 319.56– use e-mail, address your comment to Manual, which is incorporated by 2ee (c), which currently indicates that [email protected]. Your reference at 7 CFR 300.1. each shipment of pears must be comment must be contained in the body The Oriental fruit fly, Bactrocera accompanied by a phytosanitary of your message; do not send attached dorsalis (Hendel), is a destructive pest certificate issued by the Chinese files. Please include your name and of citrus and other types of fruits, nuts, Ministry of Agriculture stating that the address in your message and ‘‘Docket and vegetables. The short life cycle of conditions of paragraphs (a) and (b) of No. 02–084–1’’ on the subject line. the Oriental fruit fly allows rapid § 319.56–2ee have been met. Because Ya
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pears imported from Hebei Province significant for the purposes of Executive Hebei Province and the fact that will no longer be subject to the Order 12866 and, therefore, has not climatic conditions do not favor the conditions in § 319.56–2ee (b), we been reviewed by the Office of establishment of Oriental fruit fly in propose to amend § 319.56–2ee (c) to Management and Budget. Hebei Province. simply state that the phytosanitary This proposed rule would remove the The rapid growth in Ya pear imports certificate must state that the conditions cold treatment requirement for Ya pears by the United States from China is of the section as a whole have been met. imported from Hebei Province in the evident in Table 1. Imports increased Executive Order 12866 and Regulatory People’s Republic of China. This from about 329,000 kilograms in 1998 to Flexibility Act proposal is in response to data from the over 6.57 million kilograms in 2001. This proposed rule has been reviewed plant protection organization of the The estimated cost savings discussed in under Executive Order 12866. The rule People’s Republic of China indicating this analysis are based on the import has been determined to be not that Oriental fruit fly does not occur in quantity and value for 2001.
TABLE 1.—YA VARIETY PEAR IMPORTS FROM CHINA
Value Price Quantity (millions of (dollars per (kilograms) dollars) kilogram)
1998 ...... 328,818 $0.328 $1.00 1999 ...... 2,097,863 2.011 0.96 2000 ...... 5,264,099 3.746 0.71 2001 ...... 6,573,113 3.559 0.54 Source: World Trade Atlas, based on data from the U.S. Bureau of the Census. Harmonized Tariff Schedule code 080820.
We expect that removing the cold from not having to meet cold treatment Economic Effects on Small Entities treatment requirement for Ya pears requirements would be 25 cents per day Under the criteria established by the imported from Hebei Province would per pallet. This amount probably Small Business Administration, fruit reduce shipping costs. The magnitude of exceeds the actual savings that would be importers (North American Industry the reduction would depend on realized, providing an upper-bound Classification System code 422480, transport costs with and without the approximation of potential effects. ‘‘Fresh Fruit and Vegetable cold treatment requirement. While Assuming that boxing and pallet Wholesalers’’) must have 100 or fewer refrigeration costs would still be borne loading capacities are similar to those of employees to be considered small by importers in the absence of the cold domestic pears, a box of Ya pears would entities. At least some U.S. importers of treatment requirement, the costs contain about 20 kilograms and a pallet Ya pears from Hebei Province in China required to maintain, monitor, and would contain 49 boxes.2 Assuming may be small entities, but the expected report cold treatment temperatures further a 14-day cold treatment period, economic effect of no longer needing to during transport would all be saved. the longest specified in the cold meet cold treatment requirements is The cold treatment schedule for Ya treatment regimen, the cost of cold minor. pears from China, as specified in the treatment would be about 36 cents per Plant Protection and Quarantine Under these circumstances, the 100 kilograms, or 0.36 cents per Treatment Manual, is T107–f. The Administrator of the Animal and Plant kilogram.3 As shown in Table 1, the number of days required for cold Health Inspection Service has average price of Ya pears has steadily treatment en route under the schedule— determined that this action would not fallen since imports began in 1998. Even 10 to 14 days, depending on the have a significant economic impact on so, estimated savings from not having to treatment temperature—is less than the a substantial number of small entities. meet cold treatment requirements number of days it takes to ship Ya pears Executive Order 12988 represent less than 1 percent of the 2001 to the United States from China. No price of 54 cents per kilogram. In This proposed rule has been reviewed reduction in shipping time, and thus no addition, pears from Shadong Province under Executive Order 12988, Civil associated cost savings, is expected to Justice Reform. If this proposed rule is result from the proposed removal of the would be unaffected by the proposed adopted: (1) All State and local laws and cold treatment requirement. change, further dampening the total cost regulations that are inconsistent with A recent analysis of cold treatment effect in the United States. this rule will be preempted; (2) no requirements for the Mediterranean fruit Ya pears are not produced in the retroactive effect will be given to this fly at U.S. ports, used here as a proxy United States, and Ya pears are not a rule; and (3) administrative proceedings for cold treatment costs en route, substitute for domestically produced will not be required before parties may indicated a cost of 50 cents per day per pears. Thus, this proposed rule is not file suit in court challenging this rule. pallet.1 Most of this expense is the cost expected to affect the U.S. domestic of refrigeration. Under the proposed pear industry. Paperwork Reduction Act rule, Ya pears from Hebei Province This proposed rule contains no new would still be refrigerated while en 2 The packing measure used for pears is four- information collection or recordkeeping route to the United States, although not fifths of a bushel, which corresponds to about 42 requirements under the Paperwork to cold treatment specifications. For this to 45 pounds. (Kevin Moffett, Pear Bureau, personal communication.) Reduction Act of 1995 (44 U.S.C. 3501 analysis, it is assumed that the savings 3 (Twenty-five cents per day per pallet) x (14 days et seq.). Further, this proposed rule per treatment) = $3.50 per pallet per treatment. 1 Analysis for APHIS Docket 02–071–1, published (Twenty kilograms per box) x (49 boxes per pallet) would reduce information collection or in the Federal Register on October 15, 2002 (67 FR = 980 kilograms per pallet. ($3.50) / (980 kilograms) recordkeeping requirements in 63529–63536). = $0.00357/kg. § 319.56–2ee.
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List of Subjects in 7 CFR Part 319 agency and to comply with the promulgate its own regulations setting Bees, Coffee, Cotton, Fruits, Honey, requirement in the Military Personnel forth the procedures and practices the Imports, Logs, Nursery Stock, Plant and Civilian Employees Claims Act of agency will follow in handling such diseases and pests, Quarantine, 1964 (MPCECA) that the head of each claims (31 U.S.C. 3721(j)). The Social Reporting and recordkeeping federal agency prescribe its own Security Independence and requirements, Rice, Vegetables. regulations for handling such claims. Improvements Act of 1994 (Pub. L. 103– We also propose to make several Accordingly, we propose to amend 7 296) established SSA as an independent minor clarifications and corrections to CFR part 319 as follows: agency in the executive branch of the our current procedures and practices on United States Government effective PART 319—FOREIGN QUARANTINE claims against the Government for March 31, 1995 and vested general NOTICES damage to or loss of property or regulatory authority in the personal injury or death that is caused Commissioner of Social Security. In 1. The authority citation for part 319 by the negligent or wrongful act or order to comply with the requirement in would be revised to read as follows: omission of an SSA employee. We have the MPCECA that SSA have its own Authority: 7 U.S.C. 450, 7711–7714, 7718, also rewritten the current rules on such regulations dealing with employee 7731, 7732, and 7751–7754; 21 U.S.C. 136 claims in plain language. claims, we propose to establish a new and 136a; 7 CFR 2.22, 2.80, and 371.3. DATES: To be sure that your comments subpart B in part 429 of Title 20 of the 2. In § 319.56–2ee, paragraphs (b) and are considered, we must receive them Code of Federal Regulations. (c) would be revised to read as follows: no later than February 18, 2003. The proposed rules in new subpart B ADDRESSES: You may give us your of part 429 are modeled after those § 319.56–2ee Administrative instructions: comments by using: Our Internet site routinely published by other Federal Conditions governing the entry of Ya facility (i.e., Social Security Online) at agencies and would contain the variety pears from China. http://www.ssa.gov/regulations, e-mail following sections: • * * * * * to [email protected]; telefax to (410) Section 429.201 would explain that (b) Treatment. Pears from Shadong 966–2830; or by sending a letter to the the new subpart applies to employee Province must be cold treated for Commissioner of Social Security, P.O. claims under the MPCECA, set a Bactrocera dorsalis in accordance with Box 17703, Baltimore, Maryland 21235– $40,000 limit on the amount of payment the Plant Protection and Quarantine 7703. You may also deliver them to the for a claim, and define several terms Treatment Manual, which is used throughout the subpart. Office of Process and Innovation • incorporated by reference at § 300.1 of Management, Social Security Section 429.202 would explain the this chapter. Administration, 2109 West Low Rise procedures an employee should follow (c) Each shipment of pears must be Building, 6401 Security Boulevard, to file a claim for personal property loss accompanied by a phytosanitary or damage incident to service. Baltimore, Maryland 21235–6401, • certificate issued by the Chinese between 8 a.m. and 4:30 p.m. on regular Section 429.203 would explain the Ministry of Agriculture stating that the business days. Comments are posted on circumstances under which a claim for conditions of this section have been our Internet site, or you may inspect personal property loss or damage is met. them on regular business days by allowable. • Section 429.204 would describe the * * * * * making arrangements with the contact restrictions that apply to employee person shown in this preamble. Done in Washington, DC, this 17th day of claims for personal property damage or December, 2002. Electronic Version loss. Peter Fernandez, • The electronic file of this document is Section 429.205 would contain a Acting Administrator, Animal and Plant list of the types of losses that are not Health Inspection Service. available on the Internet at http:// www.access.gpo.gov/su_docs/aces/ allowable under subpart B. [FR Doc. 02–32056 Filed 12–19–02; 8:45 am] • aces140.html. It is also available on the Section 429.206 would explain the BILLING CODE 3410–34–P Internet site for SSA (i.e., ‘‘SSA procedures that are applicable when a Online’’) at http://www.ssa.gov/ claim involves a commercial carrier or regulations. an insurer. SOCIAL SECURITY ADMINISTRATION • Section 429.207 would explain how FOR FURTHER INFORMATION CONTACT: an employee should file a claim for 20 CFR Part 429 Jonathan R. Cantor, Attorney-at-Law, personal property damage or loss. Office of General Law, Office of the • RIN 0960–AF39 Section 429.208 would explain how General Counsel, Social Security the SSA Claims Officer determines the Filing Claims Under the Federal Tort Administration, Room 617 Altmeyer amount of an award. Claims Act and the Military Personnel Building, 6401 Security Boulevard, • Section 429.209 would contain the and Civilian Employees Claims Act Baltimore, Maryland 21235, (410) 965– maximum fee an agent or attorney may 3166 or TTY (410) 966–5609. receive for his/her services in AGENCY: Social Security Administration SUPPLEMENTARY INFORMATION: connection with an individual claim (SSA). Employee Claims for Personal Property under subpart B. ACTION: • Section 429.210 would explain the Proposed rules. Damage or Loss appeal process for claims under subpart SUMMARY: We propose to establish new The MPCECA, 31 U.S.C. 3721, B. regulation that would prescribe the establishes the guidelines Federal • Section 429.211 would contain the procedures SSA follows when claims agencies must follow when an agency penalties for filing false claims. are filed by employees against SSA for employee files a claim for personal personal property damage or loss property damage or loss incurred Tort Claims incident to their service with SSA. This incident to his or her Federal service. These proposed rules would also new regulation is necessary both to Under the MPCECA, the head of each modify our existing rules dealing with reflect SSA’s status as an independent Federal agency is required to the procedures SSA follows when
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claims are asserted under the Federal efficiency of the claims process and to paragraphing) make the rule easier to Tort Claims Act (FTCA), 28 U.S.C. 2672, speed delivery of the payment to the understand? for money damages against the United claimant. • • What else could we do to make the States for injury or death caused by the We propose to revise the penalties rule easier to understand? negligent or wrongful act or omission of for filing false claims to reflect changes any SSA employee. We propose to in both the criminal and civil False Regulatory Procedures revise our regulations on tort claims as Claims Act. Executive Order 12866 follows: We also propose to rewrite the • We would revise § 429.101 to reflect existing regulations on tort claims to The Office of Management and Budget the statutory provision in the FTCA that comply with Executive Order 12866, as (OMB) has reviewed these proposed the FTCA does not apply to those tort amended by Executive Order 13258, rules in accordance with Executive claims identified in 28 U.S.C. 2680. Our which requires Federal agencies to write Order 12866, as amended by Executive current rules do not contain this all rules in plain language. None of Order 13258. statutory limitation. these plain language changes are • We would revise § 429.103 to substantive; they are merely intended to Regulatory Flexibility Act correct the mailing address in this make the existing regulations more We certify that the proposed rules, if section. readable and easier to understand. • We would revise the time limit in promulgated, will not have a significant § 429.104 for submitting evidence in a Clarity of This Proposed Rule economic impact on a substantial number of small entities because it only claim for money damages from 3 As explained above, Executive Order affects individuals. Therefore, a months to 60 days. Under the FTCA, 12866, as amended by Executive Order regulatory flexibility analysis as this time limit is to be determined by 13258, require each agency to write all provided in the Regulatory Flexibility the agency and we believe 60 days rules in plain language. In addition to Act, as amended, is not required. constitutes a reasonable limit for your substantive comments on this submitting evidence after being asked to proposed rule, we invite your comments Paperwork Reduction Act do so. on how to make this proposed rule • We would revise § 429.107 to easier to understand. These proposed rules contain clarify an ambiguity in current For example: reporting requirements as shown in the regulations. If a claim is approved that • Have we organized the material to table below. Where the public reporting exceeds $2500, our rules would be suit your needs? burden is accounted for in Information revised to specify that the payment will • Are the requirements in the rule Collection Requests for the various come from the Judgment Fund in the clearly stated? forms that the public uses to submit the Department of the Treasury, rather than • Does the rule contain technical information to SSA, a 1-hour from SSA. This reflects current language or jargon that is not clear? placeholder burden is being assigned to procedure and the proposed change • Would a different format (grouping the specific reporting requirement(s) would only serve to increase the and order of sections, use of headings, contained in these rules.
Average Annual Frequency burden per Estimated Section number number of of response response annual bur- responses (minutes) den hours
429.102; 429.103 ...... 1 1 11 429.104(a) ...... 30 1 5 2.5 429.104(b) ...... 25 1 5 2 429.104(c) ...... 2 1 5 .16 429.106(b) ...... 10 1 10 1.6
An Information Collection Request most useful if received by SSA within Dated: September 23, 2002. has been submitted to OMB for 30 days of publication. Jo Anne B. Barnhart, clearance. We are soliciting comments (Catalog of Federal Domestic Assistance Commissioner of Social Security. on the burden estimate; the need for the Program Nos. 96.001 Social Security- information; its practical utility; ways to For the reasons set out in the Disability Insurance; 96.002 Social Security- preamble, we propose to revise part 429 enhance its quality, utility and clarity; Retirement Insurance; 96.003 Social Security- and on ways to minimize the burden on of chapter III of title 20 of the Code of Special Benefits for Persons Aged 72 and Federal Regulations to read as follows: respondents, including the use of Over; 96.004 Social Security-Survivors automated collection techniques or Insurance; 96.005 Special Benefits for PART 429—ADMINISTRATIVE CLAIMS other forms of information technology. Disabled Coal Miners; 96.006, Supplemental UNDER THE FEDERAL TORT CLAIMS Comments may be faxed or mailed to Security Income; 96.007 Social Security- ACT AND RELATED STATUTES the Social Security Administration at Research and Demonstration) the following address: Social Security Subpart A—Claims Against the Government Administration, Attn: SSA Reports List of Subjects in 20 CFR Part 429 Under the Federal Tort Claims Act Clearance Officer, Rm. 1338 Annex Sec. Building, 6401 Security Boulevard, Administrative practice and procedure, Government employees, 429.101 What is this subpart about? Baltimore, MD 21235–6401. Fax No. 429.102 How do I file a claim under this Indemnity payments, Tort claims. 410–965–6400. subpart? Comments can be received for 429.103 Who may file my claim? between 30 and 60 days after 429.104 What evidence do I need to submit publication of this notice and will be with my claim?
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429.105 What happens when you receive § 429.102 How do I file a claim under this the claim appropriate evidence that it my claim? subpart? has the rights of a subrogee. 429.106 What happens if my claim is (a) Filing an initial claim. You must (e) Claims for loss partially denied? either file your claim on a properly compensated by an insurer with the 429.107 If my claim is approved, how do I executed Standard Form 95 or you must rights of a subrogee. You and the insurer obtain payment? submit a written notification of the may file, jointly or separately. When an 429.108 What happens if I accept an award, incident accompanied by a claim for the insurer presents a claim asserting the compromise or settlement under this money damages in a sum certain for rights of a subrogee, the insurer must subpart? present with the claim appropriate 429.109 Are there any penalties for filing damage to or loss of property you evidence that it has the rights of a false claims? believe occurred because of the 429.110 Are there any limitations on SSA’s incident. For purposes of this subpart, subrogee. authority under this subpart? we consider your claim to be filed on (f) Claims by authorized agents or the date we receive it, at the address other legal representatives. Your duly Subpart B—Claims Under the Military specified in paragraph (c) of this authorized agent or other legal Personnel and Civilian Employees’ Claims section. If you mistakenly send your representative may submit your claim, Act of 1964 claim to another Federal agency, we will provided satisfactory evidence is 429.201 What is this subpart about? not consider it to be filed until the date submitted establishing that person has 429.202 How do I file a claim under this that we receive it. If you mistakenly file express authority to act on your behalf. subpart? a claim meant for another Federal A claim presented by an agent or legal 429.203 When is a claim allowable? agency with SSA, we will transfer it to representative must be presented in 429.204 Are there any restrictions on what the appropriate Federal agency, if your name. If the claim is signed by the is allowable? possible. If we are unable to determine agent or legal representative, it must 429.205 What is not allowable under this show the person’s title or legal capacity subpart? the appropriate agency, we will return 429.206 What if my claim involves a the claim to you. and must be accompanied by evidence commercial carrier or an insurer? (b) Filing an amendment to your that the person has the authority to file 429.207 What are the procedures for filing claim. You may file an amendment to the claim on your behalf as agent, a claim? your properly filed claim at any time executor, administrator, parent, 429.208 How do you determine the award? before the SSA Claims Officer (as guardian or other representative. Is the settlement of my claim final? defined in § 429.201(d)(3)) makes a final § 429.104 What evidence do I need to 429.209 Are there any restrictions on decision on your claim or before you submit with my claim? attorney’s fees? bring suit under 28 U.S.C. 2675(a). You (a) Property damage. To support a 429.210 Do I have any appeal rights under must submit an amendment in writing this subpart? claim for property damage, either real or and sign it. If you file a timely personal, you may be required to submit 429.211 Are there any penalties for filing amendment, SSA has 6 months in false claims? the following evidence or information: which to finally dispose of the amended (1) Proof of ownership. Authority: Sect. 702(a)(5) of the Social claim. Your option to file suit does not (2) A detailed statement of the amount Security Act (42 U.S.C. 902(a)(5)); 28 U.S.C. begin until 6 months after you file the claimed with respect to each item of 2672; 28 CFR 14.11; 31 U.S.C. 3721. amendment. property. (c) Where to obtain claims forms and Subpart A—Claims Against the (3) An itemized receipt of payment for file claims. You may obtain claims Government Under the Federal Tort necessary repairs or itemized written forms and must file your claim with the Claims Act estimates of the cost of such repairs. Social Security Administration, Office (4) A statement listing date of § 429.101 What is this subpart about? of the General Counsel, Administrative purchase, purchase price, market value Claims Unit, Room 617 Altmeyer of the property as of date of damage, and This subpart applies only to claims Building, 6401 Security Boulevard, salvage value, where repair is not filed under the Federal Tort Claims Act, Baltimore, Maryland 21235–6401. economical. as amended, 28 U.S.C. 2671–2680 (5) Any other evidence or information § 429.103 Who may file my claim? (FTCA), for money damages against the which may have a bearing either on the United States for damage to or loss of (a) Claims for damage to or loss of responsibility of the United States for property or personal injury or death that property. If you are the owner of the the injury to or loss of property or the is caused by the negligent or wrongful property interest that is the subject of damages claimed. act or omission of an employee of the the claim, you, your duly authorized (b) Personal injury. To support a Social Security Administration (SSA). agent, or your legal representative may claim for personal injury, including The loss, damage, injury or death must file the claim. pain and suffering, you may be required be caused by the employee in the (b) Claims for personal injury. If you to submit the following evidence or performance of his or her official duties, suffered the injury, you, your duly information: under circumstances in which the authorized agent, or your legal (1) A written report from your United States, if a private person, would representative may file the claim. attending physician or dentist setting be liable in accordance with the law of (c) Claims based on death. The forth the nature and extent of your the place where the act or omission executor or administrator of your estate injury, nature and extent of treatment, occurred. This subpart does not apply to or any other person legally entitled to any degree of temporary or permanent any tort claims excluded from the FTCA do so may file the claim. disability, your prognosis, period of under 28 U.S.C. 2680. (d) Claims for loss wholly hospitalization, and any diminished (b) This subpart is subject to and compensated by an insurer with the earning capacity. You may also be consistent with the regulations on rights of a subrogee. The insurer may required to submit to a physical or administrative claims under the FTCA file the claim. When an insurer presents mental examination by a physician issued by the Attorney General at 28 a claim asserting the rights of a employed or designated by SSA. If you CFR part 14. subrogee, the insurer must present with submit a written request, we will
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provide you with a copy of the report pain and your physical condition in the Service (FMS) Forms 194, 195, 196, 197, of the examining physician provided interval between injury and death. and/or 197–A to the Judgment Fund you agree to make available to SSA any (8) Any other evidence or information Section, Financial Management Service, other physician’s reports made of the which may have a bearing on either the Department of the Treasury, Room physical or mental condition that is the responsibility of the United States for 6D37, 3700 East-West Highway, subject of your claim. the death or the damages claimed. Hyattsville, Maryland 20782. FMS will (2) Itemized bills for medical, dental, (d) Time limit for submitting then mail the payment to you. and hospital expenses incurred, or evidence. You must furnish all the itemized receipts of payment for such evidence required by this section within § 429.108 What happens if I accept an a reasonable time. If you fail to furnish award, compromise or settlement under expenses. this subpart? (3) If your prognosis reveals that you all the evidence necessary to determine will need future treatment, a statement your claim within 60 days after being If you, your agent, or your legal of expected duration of and expenses for asked to do so, we may find that you representative accept any award, compromise or settlement under this such treatment. have decided to abandon your claim. (4) If you claim a loss of time from subpart, your acceptance is final and § 429.105 What happens when you receive conclusive on you, your agent or employment, a written statement from my claim? your employer showing actual time lost representative and any other person on When we receive your claim, we will from employment, whether you are a whose behalf or for whose benefit the investigate to determine its validity. full or part-time employee, and wages or claim was filed. The acceptance After our investigation, we will forward salary you actually lost. constitutes a complete release of any (5) If you claim a loss of income and your claim to the SSA Claims Officer claim against the United States and with our recommendation as to whether are self-employed, documentary against any employee of the your claim should be fully or partially evidence showing the amount of Government whose act or omission gave allowed or denied. earnings you actually lost. For example, rise to the claim, by reason of the same we may use income tax returns for § 429.106 What happens if my claim is subject matter. several years prior to the injury in denied? § 429.109 Are there any penalties for filing question and the year in which the (a) If your claim is denied, the SSA false claims? injury occurred to indicate or measure Claims Officer will send you, your A person who files a false claim or lost income; a statement of how much agent, or your legal representative a makes a false or fraudulent statement in it cost you to hire someone to do the written notice by certified or registered a claim against the United States may be same work you were doing at the time mail. The notice will include an imprisoned for not more than 5 years. of the injury might also be used in explanation of why your claim was (18 U.S.C. Secs. 287; 1001). In addition, measuring lost income. denied and will advise you of your right that person may be liable for a civil (6) Any other evidence or information to file suit in an appropriate U.S. penalty of not less than $5,000 and not that may have a bearing on either the District Court not later than 6 months more than $10,000 and damages of responsibility of the United States for after the date of the mailing of the notice triple the loss or damage sustained by the personal injury or the damages if you disagree with the determination. the United States, as well as the costs of claimed. (b) Before filing suit and before a civil action brought to recover any (c) Claim Based on Death. To support expiration of the 6-month period after penalty or damages. (31 U.S.C. Sec. the claim, we need the following the date of the mailing of the denial 3729). evidence or information: notice, you, your duly authorized agent, (1) An authenticated death certificate or your legal representative may file a § 429.110 Are there any limitations on or other believable documentation written request with SSA for SSA’s authority under this subpart? showing cause of death, date of death, reconsideration by certified or registered (a) An award, compromise or and your age at the time of death. mail. If you file a timely request for settlement of a claim under this subpart (2) Your employment or occupation at reconsideration, SSA has 6 months from in excess of $25,000 needs the prior time of death, including your monthly the date you file your request in which written approval of the Attorney or yearly salary or earnings (if any), and to finally dispose of your claim. Your General or his designee. For the the duration of your last employment or right to file suit will not begin until 6 purposes of this paragraph, we treat a occupation. months after you file your request for principal claim and any derivative or (3) Full names, addresses, birth dates, reconsideration. Final SSA action on subrogated claim as a single claim. kinship, and marital status of your your request for reconsideration will (b) An administrative claim may be survivors, including identification of occur in accordance with the provisions adjusted, determined, compromised or those survivors who were dependent of paragraph (a) of this section. settled under this subpart only after upon you for support at the time of your consultation with the Department of death. § 429.107 If my claim is approved, how do Justice when, in the opinion of SSA: (4) Degree of support you provided to I obtain payment? (1) A new precedent or a new point each survivor dependent on you for (a) Claims under $2,500. If your claim of law is involved; or support at the time of your death. is approved, you must complete a (2) A question of policy is or may be (5) Your general physical and mental ‘‘Voucher for Payment under the involved; or condition before death. Federal Tort Claims Act,’’ Standard (3) The United States is or may be (6) Itemized bills for medical and Form 1145. If you are represented by an entitled to indemnity or contribution burial expenses incurred, or itemized attorney, the voucher for payment (SF from a third party and SSA is unable to receipts of payments for such expenses. 1145) must designate both you and your adjust the third party claim; or (7) If damages for pain and suffering attorney as ‘‘payees’’; we will then mail (4) The compromise of a particular prior to death are claimed, a physician’s the check to your attorney. claim, as a practical matter, will or may detailed statement specifying the (b) Claims in excess of $2,500. If your control the disposition of a related claim injuries suffered, duration of pain and claim is approved, SSA will forward the in which the amount to be paid may suffering, any drugs administered for appropriate Financial Management exceed $25,000.
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(c) An administrative claim may be survivor files the claim, the order of the damage or loss was incident to your adjusted, determined, compromised or precedence for filing is spouse, child, service. settled only after consultation with the parent, sibling. (d) Time limitations. You must file a Department of Justice when it is learned (2) You may not file a claim on behalf written claim within 2 years after that the United States or an employee, of a subrogee, assignee, conditional accrual of the claim. For purposes of agent or cost plus contractor of the vendor or other third party. this subpart, your claim accrues at the United States is involved in litigation (b) Where to file. You must file your later of: based on a claim arising out of the same claim with the Social Security (1) The time of the accident or incident or transaction. Administration, Office of the General incident causing the loss or damage; Counsel, Administrative Claims Unit, (2) The time the loss or damage Subpart B—Claims Under the Military 6401 Security Boulevard, Room 617 should have been discovered by the Personnel and Civilian Employees’ Altmeyer Building, Baltimore, Maryland claimant by the exercise of due Claims Act of 1964 21235. diligence; or § 429.201 What is this subpart about? (c) Evidence required. You are (3) Where valid circumstances responsible for proving ownership or (a) Scope and Purpose. This subpart prevented you from filing your claim possession, the facts surrounding the applies to all claims filed by or on earlier, the time that should be loss or damage, and the value of the behalf of employees of SSA for loss of construed as the date of accrual because property. Your claim must include the or damage to personal property incident of a circumstance which prevents the following: to their service with SSA under the filing of a claim. If war or armed conflict (1) A written statement, signed by you Military Personnel and Civilian prevents you from filing the claim, your or your authorized agent, explaining Employees Claims Act of 1964, as claim accrues on the date hostilities how the damage or loss occurred. This amended, 31 U.S.C. 3721, (MPCECA). A terminate and your claim must be filed statement must also include: claim must be substantiated and the within two years of that date. (i) A description of the type, design, possession of the property determined model number or other identification of § 429.203 When is a claim allowable? to be reasonable, useful or proper. the property. (a) A claim is allowable only if you (b) Maximum payment under this (ii) The date you purchased or were using the property incident to your part. The maximum amount that can be acquired the property and its original service with SSA, with the knowledge paid for any claim under the Act is cost. and consent of a superior authority, and: $40,000 or, in extraordinary (iii) The location of the property when (1) The damage or loss was not caused circumstances, $100,000, and property the loss or damage occurred. wholly or partially by the negligent or may be replaced in kind at the improper action or inaction of you, your discretion of the Government. (iv) The value of the property when agent, the members of your family, or (c) Policy. SSA is not an insurer and lost or damaged. your private employee (the standard to does not underwrite all personal (v) The actual or estimated cost of the be applied is that of reasonable care property losses that an employee may repair of any damaged item. under the circumstances); and sustain incident to employment. We (vi) The purpose of and authority for (2) The possession of the property lost encourage employees to carry private travel, if the loss or damage occurred or damaged and the quantity and the insurance to the maximum extent while you were transporting your quality possessed is determined to have practicable to avoid losses which may property or using a motor vehicle. been reasonable, useful or proper under not be recoverable from SSA. The (vii) All available information as to the circumstances; and procedures set forth in this subpart are who was responsible for the loss or designed to enable you to obtain the damage, if it was not you, and all (3) The claim is substantiated by proper amount of compensation from information as to insurance contracts, proper and convincing evidence. SSA and/or a private insurer for the loss whether in your name or in the name of (b) Claims that are otherwise or damage. If you fail to comply with the responsible party. allowable under this subpart will not be these procedures it could reduce or (viii) Any other evidence about loss or disallowed solely because you were not preclude payment of your claim under damage that the SSA Claims Officer the legal owner of the property for this subpart. determines is necessary. which the claim is made. (d) Definitions. (2) Copies of all available and (c) Subject to the conditions in (1) Quarters, unless otherwise appropriate documents such as bills of paragraph (a) of this section and the indicated, means a house, apartment, or sale, estimates of repairs, or travel other provisions of this subpart, any other residence that is an SSA orders. In the case of damage to an claim you make for damage to, or loss employee’s principal residence. automobile, you must submit at least of, personal property that occurs (2) State, unless otherwise indicated, two estimates of repair or a certified incident to your service with SSA may is defined by § 404.2(c)(5) of title 20 of paid bill showing the damage incurred be considered and allowed. For the the Code of Federal Regulations. and the cost of all parts, labor and other purpose of this subpart, if you were (3) SSA Claims Officer means the SSA items necessary to the repair of the performing your official duties at an official designated to determine claims vehicle or a statement from an alternate work location under an under the Act. The current designee is authorized dealer or repair garage approved flexiplace agreement, the the Associate General Counsel for showing that the cost of such repairs alternate work location will be General Law. exceeds the value of the vehicle. considered an official duty station even (3) A copy of the power of attorney or if it is located in your principal § 429.202 How do I file a claim under this other authorization if someone else files residence. The alternate work location is subpart? the claim on your behalf. not considered to be quarters. The (a) Who may file. (4) A statement from your immediate following are examples of the principal (1) You, your duly authorized agent, supervisor confirming that possession of types of claims that are allowable, but your legal representative or your the property was reasonable, useful or these examples are not exclusive and survivor may file the claim. If your proper under the circumstances and that other types of claims are allowable,
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unless specifically excluded under this (7) Expenses incident to repair. You any, you recovered from the insurer. If subpart: may be reimbursed for the payment of your claim is for an amount that exceeds (1) Property damage in quarters or any sales tax and other such fees the deductible on the insurance policy, other authorized places. Claims are incurred in connection with repairs to the maximum allowable recovery will allowable for damage to, or loss of, an item. The costs of obtaining estimates be for the amount of the deductible. If property arising from fire, flood, of repair (subject to the limitations set the vehicle is uninsured, the maximum hurricane, other natural disaster, theft, forth in § 429.204(c)) are also allowable. allowed will be $500.00. or other unusual occurrence, while such (e) Computers and Electronics. Claims property is located at: § 429.204 Are there any restrictions on may be allowed for loss of, or damage what is allowable? (i) Quarters within a state that were to, cellular phones, fax machines, assigned to you or otherwise provided Claims of the type described in this computers and related hardware and in kind by the United States; or section are only allowable subject to the software only when lost or damaged (ii) Any warehouse, office, working restrictions noted: incident to fire, flood, hurricane, other area or other place (except quarters) (a) Money or currency, including coin natural disaster, theft from quarters (as authorized or apparently authorized for collections. Allowable only when lost limited by § 429.203(c)(1) of this the reception or storage of property. because of fire, flood, hurricane, other chapter), other reasonable (2) Transportation or travel losses. natural disaster, theft from quarters (as circumstances in which it would be in Claims are allowable for damage to, or limited by § 429.203(c)(1)), or under the Government’s best interest to make loss of, property incident to other reasonable circumstances in payment, or unless being shipped as a transportation or storage of such which it would be in the Government’s part of a change of duty station paid for property pursuant to order or in best interest to make payment. In cases by the Agency. In incidents of theft from connection with travel under orders, involving theft from quarters, the quarters, it must be conclusively shown including property in your custody or in evidence must conclusively show that that your quarters were locked at the the custody of a carrier, an agent or your quarters were locked at the time of time of the theft. agency of the Government. the theft. Reimbursement for loss of (f) Alternate Work Locations. When a (3) Mobile homes. Claims may be money or currency is limited to the claim is filed for property damage or allowed for damage to, or loss of, mobile amount it is determined reasonable for loss at a non-Government alternate work homes and their contents under the you to have had in your possession at location at which you are working provisions of paragraph (c)(2) of this the time of the loss. pursuant to an approved flexiplace work section. Claims for structural damage to (b) Government property. Allowable agreement, you are required to present mobile homes, other than that caused by only for property owned by the United proof of insurance coverage, the collision, and damage to contents of States for which you are financially deductible amount, and the amount, if mobile homes resulting from such responsible to an agency of the any, you recovered from the insurer. If structural damage, must contain Government other than SSA. your claim is for an amount that exceeds conclusive evidence that the damage (c) Estimate fees. Allowable for fees the deductible on the insurance policy, was not caused by structural deficiency paid to obtain estimates of repairs only the maximum allowable recovery will of the mobile home and that it was not when it is clear that you could not have be for the amount of the deductible. If overloaded. Claims for damage to, or obtained an estimate without paying a the property is uninsured, the maximum loss of, tires mounted on mobile homes fee. In that case, the fee is allowable allowed will be $1000.00. are not allowable, except in cases of only in an amount determined to be collision, theft or vandalism. reasonable in relation to the value of the § 429.205 What is not allowable under this (4) Enemy action or public service. property or the cost of the repairs. subpart? Claims are allowable for damage to, or (d) Automobiles and motor vehicles. Claims are not allowable for the loss of, property that directly result (1) Claims may only be allowed for following: from: damage to, or loss of automobiles and (a) Unassigned quarters in United (i) Enemy action or threat of enemy other motor vehicles if: States. Property loss or damage in action, or combat, guerrilla, brigandage, (i) You were required to use a motor quarters you occupied within any state or other belligerent activity, or unjust vehicle for official Government business that were not assigned to you or confiscation by a foreign power or its (official Government business, as used otherwise provided in kind by the nationals. here, does not include travel, or parking United States. (ii) Action you take to quiet a civil incident to travel, between quarters and (b) Business property. Property used disturbance or to alleviate a public office, quarters and an approved for business or profit. disaster. telecommuting center, or use of vehicles (c) Unserviceable property. Wornout (iii) Efforts you make to save human for the convenience of the owner. or unserviceable property. life or Government property. However, it does include travel, and (d) Illegal possession. Property (5) Property used for the benefit of the parking incident thereto, between acquired, possessed or transferred in Government. Claims are allowable for quarters and an assigned place of duty violation of the law or in violation of damage to, or loss of, property when specifically authorized by your applicable regulations or directives. used for the benefit of the Government supervisor as being more advantageous (e) Articles of extraordinary value. at the request of, or with the knowledge to the Government); or Valuable articles, such as cameras, and consent of, superior authority up to (ii) Shipment of such motor vehicles watches, jewelry, furs or other articles of the amount not compensated by private was being furnished or provided by the extraordinary value. This prohibition insurance. Government, subject to the provisions of does not apply to articles in your (6) Clothing and accessories. Claims § 429.206 of this chapter; or personal custody or articles properly are allowable for damage to, or loss of, (2) When a claim involves damage to checked or inventoried with a common clothing and accessories a person or loss of automobile or other motor carrier, if you took reasonable protection customarily wears and devices such as vehicle, you will be required to present or security measures. eyeglasses, hearing aids, dentures, or proof of insurance coverage, the (f) Intangible property. Loss of prosthetics. deductible amount, and the amount, if property that has no extrinsic and
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marketable value but is merely against the Government under this of recovery will be applied to the claim representative or evidence of value, subpart. as follows: such as non-negotiable stock (b) Whenever property is damaged, (1) If you recover an amount that is certificates, promissory notes, bonds, lost or destroyed incident to your greater than or equal to your total loss bills of lading, warehouse receipts, service and is insured in whole or in as determined under this subpart, no insurance policies, baggage checks, and part, you must make demand in writing compensation is allowable under this bank books, is not compensable. Loss of against the insurer for reimbursement subpart. a thesis, or other similar item, is under the terms and conditions of the (2) If you recover an amount that is compensable only to the extent of the insurance coverage, before filing a claim less than such total loss, the allowable out-of-pocket expenses you incurred in against the Government. amount is determined by deducting the preparing the item such as the cost of (c) Failure to make a demand on a recovery from the amount of such total the paper or other materials. No carrier or insurer or to make all loss. compensation is authorized for the time reasonable efforts to protect and (3) For this purpose, your total loss is you spent in its preparation or for prosecute rights available against a determined without regard to the supposed literary value. carrier or insurer and to collect the maximum payment limitations set forth (g) Incidental expenses and amount recoverable from the carrier or in § 429.201. However, if the resulting consequential damages. The Act and insurer may result in reducing the amount after making this deduction this subpart authorize payment for loss amount recoverable from the exceeds the maximum payment of or damage to personal property only. Government by the maximum amount limitations, you will only be allowed Except as provided in § 429.203(c)(7), which would have been recoverable the maximum amount set forth in consequential damages or other types of from the carrier or insurer had the claim § 429.201. loss or incidental expenses (such as loss been timely or diligently prosecuted. (g) In a claim arising from damage to of use, interest, carrying charges, cost of However, no deduction will be made an automobile or other motor vehicle, in lodging or food while awaiting arrival of where the circumstances of your service no event may recovery exceed the shipment, attorney fees, telephone calls, preclude reasonable filing of a claim or reasonable deductible on the insurance cost of transporting you or your family diligent prosecution, or the evidence policy. indicates a demand was impracticable members, inconvenience, time spent in § 429.207 What are the procedures for preparation of claim, or cost of or would have been unavailing. (d) After you file a claim against the filing a claim? insurance premiums) are not carrier or insurer, you may immediately (a) Form of claim. Your claim must be compensable. submit a claim under this subpart, presented in writing (SSA Form 1481 is (h) Real property. Damage to real without waiting until the carrier or available for this purpose). Any writing property is not compensable. In insurer finally approves or denies your received by the SSA Claims Officer determining whether an item is claim. within the time limits set forth in considered to be an item of personal (1) Upon submitting your claim, you § 429.202(d) will be accepted and property, as opposed to real property, must certify whether you have not considered a claim under the MPCECA normally, any movable item is gained any recovery from a carrier or if it constitutes a demand for considered personal property even if insurer, and enclose all pertinent compensation from SSA. A demand is physically joined to the land. correspondence. required to be for a specific sum of (i) Commercial property. Articles (2) If the carrier or insurer has not money. acquired or held for sale or disposition taken final action on your claim, you (b) Award. The SSA Claims Officer is by other commercial transactions on must immediately tell the carrier or authorized to settle claims filed under more than an occasional basis, or for use insurer to address all correspondence this subpart. in a private profession or business regarding the claim to the SSA Claims (c) Notification. The deciding official enterprise. Officer, and you must provide a copy of will provide you with a written (j) Commercial storage. Property this notice to the SSA Claims Officer. determination on your claim. stored at a commercial facility for your (3) You must advise the SSA Claims convenience and at your expense. Officer of any action the carrier or § 429.208 How do you determine the (k) Claims for minimum amount. Loss insurer takes on the claim and, upon award? Is the settlement of my claim final? or damage amounting to less than $25. request, must furnish all (a) The amount allowable for damage correspondence, documents, and other to or loss of any item of property may § 429.206 What if my claim involves a evidence pertinent to the matter. not exceed the lowest of: commercial carrier or an insurer? (e) You must assign to the United (1) The amount you requested for the In the event the property which is the States, to the extent you accept any item as a result of its loss, damage or the subject of the claim was lost or damaged payment on the claim, all rights, title cost of its repair; while in the possession of a commercial and interest in any claim you may have (2) The actual or estimated cost of its carrier or was insured, the following against any carrier, insurer, or other repair; or procedures will apply: party arising out of the incident on (3) the actual value at the time of its (a) Whenever property is damaged, which your claim against the United loss, damage, or destruction. The actual lost or destroyed while being shipped States is based. After payment of the value is determined by using the current pursuant to authorized travel orders, the claim by the United States, you must, replacement cost or the depreciated owner must file a written claim for upon receipt of any payment from a value of the item since you acquired it, reimbursement with the last commercial carrier or insurer, pay the proceeds to whichever is lower, less any salvage carrier known or believed to have the United States to the extent of the value of the item in question, if you handled the goods, or the carrier known payment you received from the United retain the item. to be in possession of the property when States. (b) Depreciation in value is the damage or loss occurred, according (f) If you recover for the loss from the determined by considering the type of to the terms of its bill of lading or carrier or insurer before your claim article involved, its cost, its condition contract, before submitting a claim under this subpart is settled, the amount when damaged or lost, and the time
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elapsed between the date you acquired person may be liable for a civil penalty comments and related material. If you it and the date of damage or loss. of not less than $5,000 and not more do so, please include your name and (c) Current replacement cost and than $10,000 and damages of triple the address, identify the docket number for depreciated value are determined by use loss or damage sustained by the United this rulemaking [CGD07–02–151], of publicly available adjustment rates or States, as well as the costs of a civil indicate the specific section of this through use of other reasonable methods action brought to recover any penalty or document to which each comment at the discretion of the SSA Claims damages (31 U.S.C. 3729). applies, and give the reason for each Officer. [FR Doc. 02–32051 Filed 12–19–02; 8:45 am] comment. Please submit all comments (d) Replacement of lost or damaged and related material in an unbound BILLING CODE 4191–02–P property may be made in kind wherever format, no larger than 81⁄2 by 11 inches, appropriate at the discretion of the SSA suitable for copying. If you would like Claims Officer. to know they reached us, please enclose (e) At the discretion of the SSA DEPARTMENT OF TRANSPORTATION a stamped, self-addressed postcard or Claims Officer, you may be required to Coast Guard envelope. We will consider all turn over an item alleged to have been comments and material received during damaged beyond economical repair to 33 CFR Part 117 the comment period. We may change the United States, in which case no this proposed rule in view of them. We deduction for salvage value will be [CGD07–02–151] anticipate making this proposed rule made in the calculation of actual value. RIN 2115–AE47 effective less than 30 days after the date (f) Settlement of claims under the Act of publication in the Federal Register are final and conclusive. Drawbridge Operation Regulations; because the event is scheduled for § 429.209 Are there any restrictions on Biscayne Bay, Atlantic Intracoastal February 2, 2003 and we want to allow attorney’s fees? Waterway, Miami River, Miami-Dade enough time for the public to comment No more than 10 per cent of the County, Florida on this proposed rule. amount in settlement of each individual AGENCY: Coast Guard, DOT. Public Meeting claim submitted and settled under this ACTION: Notice of proposed rulemaking. A public meeting has not been subpart shall be paid or delivered to or scheduled for this proposed rule. received by any agent or attorney on SUMMARY: The Coast Guard proposes to However, you may submit a request for account of services rendered in temporarily change the regulations a meeting by writing to Bridge Branch, connection with that claim. A person governing the operation of the East and Seventh Coast Guard District, 909 SE 1st violating this subsection shall be fined West Spans of the Venetian Causeway Ave, Room 432, Miami, FL 33131, not more than $1,000.00. (31 U.S.C. bridges across the Miami Beach Channel explaining why one would be 3721(i)) on the Atlantic Intracoastal Waterway, beneficial. If we determine that one and the Brickell Avenue and Miami would aid this rulemaking, we will hold § 429.210 Do I have any appeal rights Avenue bridges across the Miami River, under this subpart? one at a time and place announced by Miami-Dade County. This proposed rule a later notice in the Federal Register. (a) Deciding Official. While you may would allow these bridges to remain in not appeal the decision of the SSA the closed position during the running Background and Purpose Claims Officer in regard to claims under of the Miami Tropical Marathon on The Miami Tropical Marathon the MPCECA, the SSA Claims Officer February 2, 2003. Director has requested that the Coast may, at his or her discretion, reconsider DATES: Comments and related material Guard temporarily change the existing his or her determination of a claim. must reach the Coast Guard on or before (b) Claimant. You may request regulations governing the operation of January 21, 2003. reconsideration from the SSA Claims the East and West Spans of the Venetian ADDRESSES: Officer by sending a written request for You may mail comments Causeway bridges, and the Brickell reconsideration to the SSA Claims and related material to Commander Avenue and Miami Avenue bridges to Officer within 30 days of the date of the (obr), Seventh Coast Guard District, 909 allow them to remain in the closed SE. 1st Ave, Room 432, Miami, FL original determination. You must position during the running of the 33131. Comments and material received clearly state the factual or legal basis Miami Tropical Marathon on February from the public, as well as documents upon which you base your request for 2, 2003. The marathon route passes over indicated in the preamble as being a more favorable determination. these four bridges and any bridge available in the docket, are part of Reconsideration will be granted only for opening would disrupt the race. Based [CGD07–02–151] and are available for reasons not available or not considered on the limited time the bridges would inspection or copying at Commander during the original decision. be closed, the Coast Guard believes it (c) Notification. The SSA Claims (obr), Seventh Coast Guard District, 909 can accommodate the request while still Officer will send you a written S.E. 1st Avenue, Room 432, Miami, FL providing for the reasonable needs of determination on your request for 33131 between 8 a.m. and 4:30 p.m., navigation. reconsideration. If the SSA Claims Monday through Friday, except Federal The East and West Spans of the Officer elects to reconsider your claim, holidays. Venetian Causeway bridges are located the final determination on FOR FURTHER INFORMATION CONTACT: Mr. between Miami and Miami Beach. The reconsideration is final and conclusive. Barry Dragon, Seventh Coast Guard current regulation governing the District, Bridge Branch, 909 SE. 1st Ave operation of the East Span of the § 429.211 Are there any penalties for filing Miami, FL 33131, telephone number Venetian Causeway bridge is published false claims? 305–415–6743. in 33 CFR 117.269 and requires the A person who files a false claim or SUPPLEMENTARY INFORMATION: bridge to open on signal; except that, makes a false or fraudulent statement in from November 1 through April 30 from a claim against the United States may be Request for Comments 7:15 a.m. to 8:45 a.m. and from 4:45 imprisoned for not more than 5 years We encourage you to participate in p.m. to 6:15 p.m. Monday through (18 U.S.C. 287; 1001). In addition, that this rulemaking by submitting Friday, the draw need not be opened.
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However, the draw shall open at 7:45 FR 11040, February 26, 1979). We Agriculture Regulatory Enforcement a.m., 8:15 a.m., 5:15 p.m., and 5:45 p.m., expect the economic impact of this Ombudsman and the Regional Small if any vessels are waiting to pass. The proposed rule to be so minimal that a Business Regulatory Fairness Boards. draw shall open on signal on full Regulatory Evaluation under The Ombudsman evaluates these Thanksgiving Day, Christmas Day, New paragraph 10e of the regulatory policies actions annually and rates each agency’s Year’s Day, and Washington’s Birthday. and procedures of DOT is unnecessary responsiveness to small business. If you Moreover, the bridge must open for because preliminary data indicates that wish to comment on actions by public vessels of the United States, tugs there have been limited numbers of employees of the Coast Guard, call 1– with tows, regularly scheduled cruise requests for openings during these time 888–REG–FAIR (1–888–734–3247). vessels, and vessels in distress. periods and this proposed rule still The regulation governing the West provides for regular openings Collection of Information Span of the Venetian Causeway bridge throughout the day. This proposed rule would call for no is published in 33 CFR 117.5 and Small Entities new collection of information under the requires the bridge to open on signal. Paperwork Reduction Act of 1995 (44 The operating schedule of the Brickell Under the Regulatory Flexibility Act U.S.C. 3501–3520). Avenue and Miami Avenue bridges is (5 U.S.C. 601–612), we have considered published in 33 CFR 117.305 and whether this proposed rule would have Federalism requires each bridge to open on signal; a significant economic impact on a A rule has implications for federalism except that, from 7:30 a.m. to 9 a.m. and substantial number of small entities. under Executive Order 13132, 4:30 p.m. to 6 p.m. Monday through The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct small businesses, not-for-profit Friday except Federal holidays, the effect on State or local governments and organizations that are independently draws need not be opened for the would either preempt State law or owned and operated and are not passage of vessels. Public vessels of the impose a substantial direct cost of dominant in their fields, and United States and vessels in an compliance on them. We have analyzed governmental jurisdictions with emergency involving danger to life or this proposed rule under that Order and populations of less than 50,000. property are allowed to pass at any time. determined that it does not have We believe that this proposed rule The Coast Guard certifies under 5 implications for federalism. would not adversely affect the U.S.C. 605(b) that this proposed rule reasonable needs of navigation due to would not have a significant economic Unfunded Mandates Reform Act the limited time the bridges would be in impact on a substantial number of small The Unfunded Mandates Reform Act the closed position. entities because the proposed rule will only be in effect for a limited period of of 1995 (2 U.S.C. 1531–1538) requires Discussion of Proposed Rule time and race committee officials are federal agencies to assess the effects of The Coast Guard proposes to working with affected parties to their regulatory actions not specifically temporarily change the operating minimize the impact of this proposed required by law. In particular, the Act regulations of the East and West Spans rule. addresses actions that may result in the of the Venetian Causeway bridges, and If you think that your business, expenditure by a State, local, or tribal the Brickell Avenue and Miami Avenue organization, or governmental government, in the aggregate, or by the bridges on February 2, 2003. This jurisdiction qualifies as a small entity private sector of $100,000,000 or more proposed rule would allow the East and that this rule would have a in any one year. Although this proposed Span of the Venetian Causeway bridge significant economic impact on it, rule would not result in such an to remain closed from 6:10 a.m. to 8:30 please submit a comment to the address expenditure, we do discuss the effects of a.m. on February 2, 2003. The proposed under ADDRESSES. In your comment, this rule elsewhere in this preamble. rule would allow the West Span of the explain why you think it qualifies and Taking of Private Property Venetian Causeway to remain closed how and to what degree this rule would from 6:15 a.m. to 9:20 a.m. on February economically affect it. This proposed rule would not effect a 2, 2003. The Brickell Avenue bridge taking of private property or otherwise Assistance for Small Entities would be allowed to remain closed from have taking implications under 7:10 a.m. to 11:59 a.m. on February 2, Under section 213(a) of the Small Executive Order 12630, Governmental 2003. The Miami Avenue bridge would Business Regulatory Enforcement Actions and Interference with be allowed to remain closed from 6:30 Fairness Act of 1996 (Pub. L. 104–121), Constitutionally Protected Property a.m. to 10 a.m. on February 2, 2003. we want to assist small entities in Rights. Public vessels of the United States and understanding this proposed rule so that Civil Justice Reform vessels in distress shall be passed at they can better evaluate its effects on anytime. them and participate in the rulemaking. This proposed rule meets applicable If this proposed rule would affect your standards in sections 3(a) and 3(b)(2) of Regulatory Evaluation small business, organization, or Executive Order 12988, Civil Justice This proposed rule is not a governmental jurisdiction and you have Reform, to minimize litigation, ‘‘significant regulatory action’’ under questions concerning its provisions or eliminate ambiguity, and reduce section 3(f) of Executive Order 12866, options for compliance, please consult burden. Regulatory Planning and Review, and the person listed under FOR FURTHER Protection of Children does not require an assessment of INFORMATION CONTACT. We also have a potential costs and benefits under point of contact for commenting on We have analyzed this proposed rule section 6(a)(3) of that Order. The Office actions by employees of the Coast under Executive Order 13045, of Management and Budget has not Guard. Small businesses may send Protection of Children from reviewed it under that Order. It is not comments on the actions of Federal Environmental Health Risks and Safety ‘‘significant’’ under the regulatory employees who enforce, or otherwise Risks. This rule is not an economically policies and procedures of the determine compliance with Federal significant rule and would not create an Department of Transportation (DOT) (44 regulations to the Small Business and environmental risk to health or risk to
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safety that might disproportionately (ss) West Span of the Venetian section 203 of the Copyright Act, to affect children. Causeway, mile 1088.6 at Miami. The terminate transfers or licenses of draw need not open from 6:15 a.m. until copyright that were granted on or after Environment 9:20 a.m. on February 2, 2003. Public January 1, 1978. The Copyright Office is We have considered the vessels of the United States and vessels proposing to adopt a regulation environmental impact of this proposed in distress shall be passed at anytime. governing the form, content, and rule and concluded that, under figure 2– 3. From 6:10 a.m. until 8:30 a.m. on manner of service of notices of 1, paragraph (32)(e), of Commandant February 2, 2003, suspend § 117.269 termination. The proposed regulation is Instruction M16475.lD, this rule is and add a new temporary § 117.T151 to based on the existing Copyright Office categorically excluded from further read as follows: regulation governing termination of environmental documentation. A transfers and licenses covering the § 117.T151 Biscayne Bay. ‘‘Categorical Exclusion Determination’’ extended renewal term, and is adapted is available in the docket where The draw of the East Span of the to meet the requirements for termination indicated under ADDRESSES. Venetian Causeway bridge across Miami of post-1977 transfers and licenses. Beach Channel need not open from 6:10 DATES: Comments should be in writing Indian Tribal Governments a.m. to 8:30 a.m. on February 2, 2003. and received on or before February 3, This proposed rule does not have Public vessels of the United States and 2003. Reply comments should be tribal implications under Executive vessels in distress shall be passed at received on or before March 5, 2003. Order 13175, Consultation and anytime. Coordination with Indian Tribal 4. From 6:30 a.m. until 11:59 a.m. on ADDRESSES: If sent by mail, 10 copies of Governments, because it would not have February 2, 2003, suspend § 117.305 written comments should be addressed a substantial direct effect on one or and add a new temporary § 117.T159 to to: David O. Carson, General Counsel, more Indian tribes, on the relationship read as follows: Copyright GC/I&R, P.O. Box 70400, between the Federal Government and Southwest Station, Washington, DC Indian tribes, or on the distribution of § 117.T159 Miami River. 20540. If hand delivered, 10 copies power and responsibilities between the The draw of each bridge from the should be brought to: Office of the Federal Government and Indian tribes. mouth to and including the N.W. 27th General Counsel, Copyright Office, Avenue bridge, mile 3.7 at Miami, James Madison Memorial Building, Energy Effects except the Miami Avenue and Brickell Room LM–403, First and Independence We have analyzed this proposed rule Avenue bridges, shall open on signal: Avenue, SE., Washington, DC. under Executive Order 13211, Actions except that, from 7:30 a.m. to 9 a.m. and FOR FURTHER INFORMATION CONTACT: Concerning Regulations that from 4:30 p.m. to 6 p.m. Monday David O. Carson, General Counsel. Significantly Affect Energy Supply, through Friday except Federal holidays, Telephone: (202) 707–8380. Telefax: Distribution, or Use. We have the draws need not be opened for the (202) 707–8366. passage of vessels. The Miami Avenue determined that it is not a ‘‘significant SUPPLEMENTARY INFORMATION: Prior to energy action’’ under that order because bridge, across the Miami River, need not the effective date of the Copyright Act it is not a ‘‘significant regulatory action’’ open from 6:30 a.m. to 10 a.m. on of 1976, the term of copyright was 28 under Executive Order 12866 and is not February 2, 2003 and the Brickell years, subject to renewal by the author likely to have a significant adverse effect Avenue bridge, across the Miami River, or certain other persons described in the on the supply, distribution, or use of need not open from 7:10 a.m. to 11:59 statute for an additional 28 years. The energy. It has not been designated by the a.m. on February 2, 2003. Public vessels second term was considered a new Administrator of the Office of of the United States and vessels in an estate, meaning that with certain Information and Regulatory Affairs as a emergency involving danger to life or exceptions such as works made for hire, significant energy action. Therefore, it property shall be passed at any time. all rights reverted to the author at the does not require a statement of Energy Dated: December 13, 2002. commencement of the second term, and Effects under Executive Order 13211. James S. Carmichael, transfers or licenses of copyrights made List of Subjects in 33 CFR Part 117 Rear Admiral, Coast Guard, Commander, during the initial 28-year term 1 Bridges. Seventh Coast Guard District. automatically terminated. The 1976 For the reasons discussed in the [FR Doc. 02–32140 Filed 12–19–02; 8:45 am] Copyright Act abandoned the two-term preamble, the Coast Guard proposes to BILLING CODE 4910–15–P system of copyright duration in favor of amend 33 CFR part 117 as follows: a unitary term, but it provided for two circumstances under which authors or PART 117—DRAWBRIDGE LIBRARY OF CONGRESS their statutory successors could OPERATION REGULATIONS terminate transfers or licenses of rights. Copyright Office First, because the 1976 Act added 19 1. The authority citation for part 117 years to the terms of existing copyrights, continues to read as follows: 37 CFR Part 201 extending the renewal term from 28 Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 years to 47 years, section 304(c) [Docket No. 2002–5] CFR 1.05–1(g); Section 117.255 also issued provides that authors or certain under authority of Pub. L. 102–587, 106 Stat. Notice of Termination statutory successors (such as the 5039. surviving spouse, children and 2. From 6:15 a.m. until 9:20 a.m. on AGENCY: Copyright Office, Library of February 2, 2003, in § 117.261 add Congress. 1 In Fred Fisher Music Co. v. M. Witmark & Sons, temporary paragraph (ss) to read as ACTION: Notice of proposed rulemaking. 318 U.S. 643 (1943), the Supreme Court follows: significantly limited this rule by holding that SUMMARY: Commencing January 1, 2003, authors could, during the initial term of copyright, § 117.261 Atlantic Intracoastal Waterway copyright owners or their statutory assign renewal term rights and that such from St. Marys River to Key Largo. assignments would be valid during the renewal successors will be entitled, under term if the author was alive at the commencement * * * * * certain circumstances prescribed by of the renewal term.
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grandchildren or, if there are no such recording the notice with the Copyright regulation governing section 203 surviving relatives, the author’s Office prior to the effective date of notices. Because the statutory executor, administrator, personal termination. The notice must be served requirements for termination under representative, or trustee) may terminate no more than 10 years and no later than section 304 are very similar to the pre 1978 2 exculsive or non-exclusive two years before the effective date of statutory requirements for termination grants of transfers or licenses during the termination. 17 U.S.C. 203(a)(4)(A). As under section 203, we propose to adopt extended renewal term and secure for with section 304 terminations, ‘‘The a regulation modeled closely on the themselves the benefits of the additional notice shall comply, in form, content, existing section 304 regulation. See 37 19 years added to the renewal term. and manner of service, with CFR 201.10. In this notice of proposed Termination may be effectuated by requirements that the Register of rulemaking, we seek comments on the serving the grantee or the grantee’s Copyrights shall prescribe by rules that we propose to adopt, which successor in title with a notice of regulation.’’ 17 U.S.C. 203(a)(4)(B). would amend § 201.10 to add termination (which may be served only The rationale for the section 203 requirements for section 203 notices of during a period prescribed by the termination right is similar to the termination.5 statute) and recording the notice of rationale for the section 304 termination Existing § 201.10 sets forth termination with the Copyright Office right. As the legislative history of requirements governing the form and prior to the effective date of termination. section 203 states: content of section 304 notices of 17 U.S.C. 304(c). Section 304(c)(4)(B) termination, the signature on a notice of provides, ‘‘The notice shall comply, in The provisions of section 203 are based on termination, the manner of service, the form, content, and manner of service, the premise that the reversionary provisions effect of harmless errors in the notice, of the present section on copyright renewal with requirements that the Register of (17 U.S.C. 24) should be eliminated, and that and recordation of the notice. We Copyrights shall prescribe by the proposed law should substitute for them propose to modify § 201.10(b), which regulation.’’ In 1977, the Copyright a provision safeguarding authors against governs the contents of a section 304 Office adopted a regulation establishing unremunerative transfers. A provision of this notice of termination, by adding a new the procedures for exercising the sort is needed because of the unequal subparagraph to govern the contents of termination right. 37 CFR 201.10. bargaining position of authors, resulting in a section 203 notice of termination. The Pursuant to section 304(c) and 37 CFR part from the impossibility of determining a new subparagraph adapts the content 201.10, authors and their statutory work’s value until it has been exploited. requirements of the existing regulation successors have been serving notices of Section 203 reflects a practical compromise to meet the needs of section 203. termination of transfers and licences, that will further the objectives of the Somewhat different treatment is also copyright law while recognizing the and filing those notices for recordation problems and legitimate needs of all interests required for signatures of section 203 with the Copyright Office, for almost 25 involved. notices of termination. Beyond those years.3 House Report on Copyright Act of 1976, H.R. changes, only minor revisions in the Second, the 1976 Act provides that Rep. No. 94–1476, at 124 (1976). wording of various provisions are authors may terminate grants of necessary in order to reflect the fact that Because section 203 terminations may transfers or licenses entered into after notices of termination may be served be made only with respect to grants January 1, 1978. 17 U.S.C. 203. Unlike under section 203. made on or after January 1, 1978, and termination pursuant to section 304(c) because notice of termination may be and (d), termination pursuant to section Contents of the Notice 203 is available only when the grant was served no earlier than 25 years from the The first modification that we propose made by the author, but as with date of execution of the grant (which, in is an amendment to § 201.10(b)(1)(i). termination pursuant to section 304, the earliest case, would be 10 years Currently, that subparagraph requires certain statutory successors may before the effective date of termination, that if termination is being made under which may be no earlier than 35 years section 304(d)—the termination terminate if the author is no longer alive 4 at the time termination may be made. 17 from the date of execution of the grant), provision added by the Sonny Bono U.S.C. 203(a)(2). Termination may be no termination notices under section Copyright Term Extension Act—the made during a five-year period 203 have been possible between January notice must include a statement to that commencing 35 years after the 1, 1978, and the present. However, effect. The requirement that notices of execution of the grant or, if the grant commencing January 1, 2003, certain termination under section 304(d) refer included the right of publication, the authors and their statutory successors specifically to section 304(d) was added earlier of 35 years after publication will be able to serve section 203 notices in the recent amendment of § 201.10, in pursuant to the grant or 40 years after of termination, because on that date, 25 order to distinguish such notices from the execution of the grant. 17 U.S.C. years will have passed since January 1, notices served under section 304(c). No 203(a)(3). As with section 304 1978. corresponding requirement was terminations, termination under section Because notices of termination must imposed for notices of termination 203 is accomplished by serving a notice comply with requirements prescribed in issued under section 304(c) because of termination on the grantee or the a regulation by the Register of such a requirement would have added grantee’s successor in title and Copyrights, it is now necessary to adopt a new requirement for such notices, a regulation that will set forth the 2 The effective date of the Copyright Act of 1976 requirements as to form, content and 5 Because of the time required to receive and was January 1, 1978. manner of service of section 203 notices consider comments from the public, it will not be 3 The Sonny Bono Copyright Term Extension Act, of termination. Fortunately, the possible to announce final regulations prior to (‘‘the Act’’), Pub. L. 105–298, 112 Stat. 2827 (1998), regulation governing section 304 notices January 1, 2003. However, because some authors or extended the renewal term by an additional twenty statutory successors may be able to and desire to years and gave authors or their statutory successors of termination provides a model for a serve notices of termination as early as January 1, a second opportunity to terminate transfers or 2003, we intend to publish an interim regulation licenses during the extended renewal term. 17 4 Or, if the grant covered publication of the work, shortly after publication of this notice of proposed U.S.C. 304(d). Earlier this year, the Copyright Office notice may be served no earlier than 30 years from rulemaking, and before January 1, 2003. The interim amended 37 CFR 201.10 to adopt requirements for the date of execution of the grant or 25 years from regulation will be virtually identical to the notices of termination pursuant to section 304(d). the date of publication under the grant. See the regulation proposed herein and will be in force 67 FR 69134 (Nov. 15, 2002). discussion above. pending the adoption of a final regulation.
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which have been served since 1978, and necessary to know the date the nothing to do with the effectiveness of might upset established legal practices copyright in the pertinent work had a termination notice served by those in issuing notices under that section. been secured. In contrast, for section authors (or their successors) who do Because a third category of notice of 203 terminations, the period is wish to terminate rights in a work to the termination—pursuant to section 203— calculated based on the date the grant extent of their share.’’ Id. at 45917– is now available, we believe that it was executed or, in the case of grants 45918. In contrast, as noted above, a would be prudent to require all notices covering the right of publication, the section 203 termination of a grant of termination—whether under section earlier of 40 years from the date of covering a joint work does require 203, 304(c) or 304(d)—to state which execution of the grant or 35 years from participation by at least a majority of the statutory provision is being invoked. the date of publication. Accordingly, we authors who executed the grant. Requiring such specification should propose that section 203 notices of The final two current requirements assist in eliminating confusion over the termination state the date the grant was relating to contents of section 304 nature of any notice of termination. executed and, if a work was published notices of termination (a brief statement Accordingly, we propose to amend under the grant, the date the work was reasonably identifying the grant to § 201.10(b)(1)(i) to require that a notice published. Unlike section 304 which the notice of termination applies of termination pursuant to section 304 terminations, terminations under and identification of the effective date of must identify whether the termination is section 203 present no need to state the termination) appear to be equally made under section 304(c) or section date copyright was secured. applicable to section 203 notices of 6 304(d). Current § 201.10(b)(ii) also requires termination, and we propose to retain We propose to add a new that a section 304 notice of termination them for purposes of section 203. § 201.10(b)(2) to state the required identify the title and at least one author contents of a section 203 notice of of each work to which a notice applies, Signature termination. The proposed requirements as well as the copyright registration As noted above, termination under are very similar to the requirements for number. However, the registration section 304 differs from termination section 304 notices, departing from that number must be provided only ‘‘if under section 203 in that under section model only in instances where the possible and practicable.’’ We propose 304, each author of a joint work may requirements of section 203 are different to retain these requirements for section terminate a grant ‘‘to the extent of [that] from the requirements of section 304. 203 notices of termination, but with one particular owner’s share.’’ 17 U.S.C. Section 201.10(b)(2)(i) would require modification. In contrast to section 304, 304(c)(1). In contrast, section 203 that a notice of termination made under which permits each author (or the requires participation in the termination section 203 identify itself as such. statutory successors of each author) of a by a majority of the authors of a joint Section 201.10(b)(2)(ii) would be work to terminate ‘‘that particular identical to current § 201.10(b)(1)(ii), author’s share in the ownership of the work. Because of these differing requiring identification of the name of renewal copyright’’ (17 U.S.C. approaches, the current signature each grantee (or successor in title) 304(c)(1)), section 203 requires that in requirements for section 304 notices of whose rights are being terminated, as the case of a grant executed by two or termination cannot be applied to section well as the address at which service of more authors of a joint work, 203 without modification. Section the notice is being made. termination may be effected by a 201.10(c)(2) currently provides that in Section 201.10(b)(2)(iii) would majority of the authors who executed the case of a termination of a grant impose a requirement not found in the the grant (or, if an author is dead, by the executed by one or more of the authors regulation governing section 304 notices persons such as the widow, children, of a work, a notice ‘‘as to any one of termination: identification of the date etc., identified in section 203(a)(2)). 17 author’s share shall be signed by that of execution of the grant being U.S.C. 203(a)(1). As a result, we believe author’’ or his agent or statutory terminated and, if the grant covered the that when the grant being terminated successors. We propose to add a new right of publication of a work, was made by two or more authors of a § 201.10(c)(3) to state the signature identification of the date of publication joint work, a section 203 notice of requirements for section 203 notices of of the work under the grant. In contrast, termination should be required to termination. While these requirements current § 210.10(b)(ii) requires that a identify all of the authors of that work are similar to the requirements stated in notice of termination under section 304 who executed the grant. § 201.10(c)(2), the inapplicable reference identify the date copyright was When § 201.10 was originally to ‘‘one author’s share’’ is deleted. originally secured. When the original adopted, we rejected a proposal that a Comments regulation was adopted, we explained section 304 notice of termination must that the latter requirement was being identify all the authors of a work. That The Copyright Office solicits imposed because ‘‘the period during proposal was based on the assumption comments on the proposed regulation which termination may be effected is that it would be necessary ‘‘to determine governing notices of termination under measured from the date copyright was whether the proper parties have joined section 203. The Office also seeks originally secured.’’ Final Regulation, in the notice.’’ 42 FR at 45917. We comments on whether the Office should Termination of Transfers and Licenses concluded that because section 304(c) provide official forms for notices of Covering Extended Renewal Term, 42 does not require more than one coauthor termination of transfers and licenses FR 45916, 45917 (Sept. 13, 1977). to join in terminating a copyright under sections 203, 304(c) and 304(d), Therefore, in order to determine transfer or license during the extended and whether the use of such forms whether a notice of termination was renewal term, such identification was should be made mandatory. Requiring being served in a timely fashion, it was unnecessary. ‘‘[A] notice terminating a the use of official forms might make it grant may be effected as to any less likely that notices of termination 6 The interim regulation to be announced shortly particular author’s share of the work. that do not comply with the statutory will not include this amendment because we do not There is no requirement of unanimity, and regulatory requirements will be believe it would be prudent to change the requirements for section 304 notices of termination majority interest, or the like, among served. It would also facilitate the on such short notice. The interim regulation will be granting co-authors.’’ Id. Therefore, Office’s processing of notices of effective January 1, 2003. identification of all co-authors ‘‘has termination submitted for recordation.
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Information on Copyright Office (v) The effective date of termination; why full information is or may be Website * * * * * lacking; together with The entire text of § 201.10 as it would (vii) * * * (B) A statement that, to the best appear after adoption of the proposed (B) A statement that, to the best knowledge and belief of the person or amendments may be found on the knowledge and belief of the person or persons signing the notice, the notice Copyright Office website at http:// persons signing the notice, the notice has been signed by all persons whose www.copyright.gov/docs/203.html. has been signed by all persons whose signature is necessary to terminate the signature is necessary to terminate the grant under section 203 of title 17, List of Subjects in 37 CFR Part 201 grant under section 304 of title 17, U.S.C., or by their duly authorized Copyright. U.S.C., or by their duly authorized agents. Proposed Regulation agents. (3) Clear identification of the (2) A notice of termination of an In consideration of the foregoing, the information specified by paragraphs exclusive or nonexclusive grant of a (b)(1) and (b)(2) of this section requires Copyright Office proposes amending transfer or license of copyright or of any part 201 of 37 CFR, chapter II as follows: a complete and unambiguous statement right under a copyright, executed by the of facts in the notice itself, without PART 201—GENERAL PROVISIONS author on or after January 1, 1978, under incorporation by reference of section 203 of title 17, U.S.C., must information in other documents or 1. The authority citation for part 201 include a clear identification of each of records. continues to read as follows: the following: (c) Signature. (1) In the case of a Authority: 17 U.S.C. 702. (i) A statement that the termination is made under section 203; termination of a grant under section 2. Section 201.10 is amended as (ii) The name of each grantee whose 304(c) or section 304(d) executed by a follows: rights are being terminated, or the person or persons other than the author, (a) By revising the section heading grantee’s successor in title, and each the notice shall be signed by all of the and the first sentence of the surviving person or persons who undesignated paragraph preceding address at which service of the notice is being made; executed the grant, or by their duly paragraph (a). authorized agents. (b) By revising paragraph (b)(1) (iii) The date of execution of the grant introductory text. being terminated and, if the grant (2) In the case of a termination of a (c) By revising paragraph (b)(1)(i). covered the right of publication of a grant under section 304(c) or section (d) By revising paragraph (b)(1)(v). work, the date of publication of the 304(d) executed by one or more of the (e) By revising paragraph work under the grant; authors of the work, the notice as to any (b)(1)(vii)(B). (iv) For each work to which the notice one author’s share shall be signed by (f) By redesignating paragraph (b)(2) of termination applies, the title of the that author or by his or her duly as paragraph (b)(3); and adding a new work and the name of the author or, in authorized agent. If that author is dead, paragraph (b)(2). the case of a joint work, the authors who the notice shall be signed by the number (g) By revising newly designated executed the grant being terminated; and proportion of the owners of that paragraph (b)(3). and, if possible and practicable, the author’s termination interest required (h) By revising paragraphs (c)(1) and original copyright registration number; under section 304(c) or section 304(d), (c)(2). (v) A brief statement reasonably whichever applies, of title 17, U.S.C., or (i) By redesignating paragraphs (c)(3) identifying the grant to which the notice by their duly authorized agents, and and (c)(4) as paragraphs (c)(4) and (c)(5), of termination applies; shall contain a brief statement of their respectively; and adding a new (vi) The effective date of termination; relationship or relationships to that paragraph (c)(3). and author. (j) By revising the introductory text of (vii) In the case of a termination of a (3) In the case of a termination of a paragraph (d)(2). grant executed by one or more of the (k) By revising paragraph (d)(4). grant under section 203 executed by one (l) By revising paragraph (e)(1). authors of the work where the or more of the authors of the work, the (m) By revising paragraph (e)(2). termination is exercised by the notice shall be signed by each author The additions and revisions to successors of a deceased author, a who is terminating the grant or by his § 201.10 read as follows: listing of the names and relationships to or her duly authorized agent. If that that deceased author of all of the authoris dead, the notice shall be signed § 201.10 Notices of termination of following, together with specific by the number and proportion of the transfers and licenses. indication of the person or persons owners of that author’s termination This section covers notices of executing the notice who constitute interest required under section 203 of termination of transfers and licenses more than one-half of that author’s title 17, U.S.C., or by their duly under sections 203, 304(c) and 304(d) of termination interest: That author’s authorized agents, and shall contain a title 17, of the United States Code. surviving widow or widower; and all of brief statement of their relationship or *** that author’s surviving children; and, relationships to that author. * * * * * where any of that author’s children are * * * * * (b) * * * dead, all of the surviving children of (1) A notice of termination covering any such deceased child of that author; (d) * * * the extended renewal term under however, instead of the information (2) The service provision of section sections 304(c) and 304(d) of title 17, required by this paragraph (vii), the 203, section 304(c) or section 304(d) of U.S.C., must include a clear notice may contain both of the title 17, U.S.C., whichever applies, will identification of each of the following: following: be satisfied if, before the notice of (i) Whether the termination is made (A) A statement of as much of such termination is served, a reasonable under section 304(c) or under section information as is currently available to investigation is made by the person or 304(d); the person or persons signing the notice, persons executing the notice as to the * * * * * with a brief explanation of the reasons current ownership of the rights being
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terminated, and based on such comments. A detailed rationale for the Web at http://emissary.acq.osd.mil/dar/ investigation: approval is set forth in the direct final dfars.nsf/pubcomm. As an alternative, * * * * * rule. If no significant, material, and respondents may e-mail comments to: (4) Compliance with the provisions of adverse comments are received in [email protected]. Please cite DFARS paragraphs (d)(2) and (3) of this section response to this rule, no further activity Case 2002–D025 in the subject line of e- will satisfy the service requirements of is contemplated. If EPA receives adverse mailed comments. section 203, section 304(c), or section comments, the direct final rule will be Respondents that cannot submit 304(d) of title 17, U.S.C., whichever withdrawn and all public comments comments using either of the above applies. * * * received will be addressed in a methods may submit comments to: (e) Harmless errors. (1) Harmless subsequent final rule based on this rule. Defense Acquisition Regulations errors in a notice that do not materially The EPA will not institute a second Council, Attn: Ms. Angelena Moy, affect the adequacy of the information comment period on this document. Any OUSD(AT&L)DPAP(DAR), IMD 3C132, required to serve the purposes of section parties interested in commenting on this 3062 Defense Pentagon, Washington, DC 203, section 304(c), or section 304(d) of document should do so at this time. 20301–3062; facsimile (703) 602–0350. title 17, U.S.C., whichever applies, shall DATES: Written comments must be Please cite DFARS Case 2002–D025. not render the notice invalid. received on or before January 21, 2003. At the end of the comment period, (2) Without prejudice to the general ADDRESSES: Environmental Protection interested parties may view public rule provided by paragraph (e)(1) of this Agency, Region 4, Air Planning Branch, comments on the World Wide Web at section, errors made in giving the date 61 Forsyth Street, SW., Atlanta, Georgia http://emissary.acq.osd.mil/dar/ or registration number referred to in 30303–8960. (Michele Notarianni, (40) dfars.nsf. paragraph (b)(1)(iii), (b)(2)(iii), or 562–9031, FOR FURTHER INFORMATION CONTACT: Ms. (b)(2)(iv) of this section, or in complying [email protected])Mississippi Angelena Moy, (703) 602–1302. with the provisions of paragraph Department of Environmental Quality, SUPPLEMENTARY INFORMATION: (b)(1)(vii) or (b)(2)(vii) of this section, or Air Division, PO Box 10385, Jackson, in describing the precise relationships Mississippi 39289–0385. (601) 961– A. Background under paragraph (c)(2) or (c)(3) of this 5171) This proposed rule revises DFARS section, shall not affect the validity of subpart 213.3 to add policy on internal the notice if the errors were made in FOR FURTHER INFORMATION CONTACT: controls for proper use of the good faith and without any intention to Michele Notarianni at address listed Governmentwide commercial purchase deceive, mislead, or conceal relevant above or (404) 562–9031 (phone) or card and convenience checks. The rule information. [email protected] (e-mail). implements recommendations made by * * * * * SUPPLEMENTARY INFORMATION: For additional information see the direct the DoD Charge Card Task Force, in its Dated: December 17, 2002. final rule which is published in the final report dated June 27, 2002, to David O. Carson, Rules Section of this Federal Register. strengthen management of the purchase General Counsel. card program. Dated: December 2, 2002. [FR Doc. 02–32136 Filed 12–19–02; 8:45 am] This rule was not subject to Office of J. I. Palmer Jr., BILLING CODE 1410–30–U Management and Budget review under Regional Administrator, Region 4. Executive Order 12866, dated [FR Doc. 02–31978 Filed 12–19–02; 8:45 am] September 30, 1993. ENVIRONMENTAL PROTECTION BILLING CODE 6560–50–P B. Regulatory Flexibility Act AGENCY DoD does not expect this rule to have 40 CFR Part 52 DEPARTMENT OF DEFENSE a significant economic impact on a substantial number of small entities [MS 23–1–200242(b); FRL–7424–4] 48 CFR Part 213 within the meaning of the Regulatory [DFARS Case 2002–D025] Flexibility Act, 5 U.S.C. 601, et seq., Approval and Promulgation of because the rule pertains primarily to Implementation Plans for Mississippi: Defense Federal Acquisition internal DoD procedures for use of the Infectious Waste Incinerator Governmentwide commercial purchase Requirements Regulation Supplement; Purchase Card Internal Controls card and convenience checks. AGENCY: Environmental Protection Therefore, DoD has not performed an Agency (EPA). AGENCY: Department of Defense (DoD). initial regulatory flexibility analysis. ACTION: Proposed rule. ACTION: Proposed rule with request for DoD invites comments from small comments. businesses and other interested parties. SUMMARY: The EPA is proposing to DoD also will consider comments from approve a revision to the Mississippi SUMMARY: DoD is proposing to amend small entities concerning the affected State Implementation Plan (SIP) the Defense Federal Acquisition DFARS subpart in accordance with 5 modifying infectious waste incineration Regulation Supplement (DFARS) to add U.S.C. 610. Such comments should be requirements to reflect current policy on internal controls for proper submitted separately and should cite Emissions Guidelines approved in the use of the Governmentwide commercial DFARS Case 2002-D025. State for existing hospital/medical/ purchase card. infectious waste incinerator units. In the DATES: Comments on the proposed rule C. Paperwork Reduction Act Final Rules Section of this Federal should be submitted in writing to the The Paperwork Reduction Act does Register, the EPA is approving the address shown below on or before not apply because the rule does not State’s SIP revision as a direct final rule February 18, 2003, to be considered in impose any information collection without prior proposal because the the formation of the final rule. requirements that require the approval Agency views this as a noncontroversial ADDRESSES: Respondents may submit of the Office of Management and Budget submittal and anticipates no adverse comments directly on the World Wide under 44 U.S.C. 3501, et seq.
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List of Subjects in 48 CFR Part 213 Governmentwide commercial purchase (vii) Does not require transportation of Government procurement. card program on behalf of the Director supplies by sea; and of Defense Procurement and Acquisition (2) The individual making the Michele P. Peterson, Policy. Specific procedures and purchase— guidelines for the program can be found Executive Editor, Defense Acquisition (i) Is authorized and trained in Regulations Council. in the following documents: accordance with agency procedures; (1) DoD 7000.14–R, Financial Therefore, DoD proposes to amend 48 Management Regulation, volume 10, (ii) Complies with the requirements of CFR part 213 as follows: chapter 10, section XXXX, available on FAR 8.001 in making the purchase; and 1. The authority citation for 48 CFR the Internet at http://www.dtic.mil/ (iii) Seeks maximum practicable part 213 continues to read as follows: comptroller/fmr. competition for the purchase in Authority: 41 U.S.C. 421 and 48 CFR (2) DoD Purchase Card Concept of accordance with FAR 13.104(b). chapter 1. Operations, available on the Internet at (c) A contracting officer supporting a http://purchasecard.saalt.army.mil/ contingency operation as defined in 10 PART 213—SIMPLIFIED ACQUISITION ConOps,%2031%20Jul%2002.pdf. PROCEDURES U.S.C. 101(a)(13) or a humanitarian or (b) Agency heads are responsible for peacekeeping operation as defined in 10 2. Section 213.301 is revised to read ensuring that management controls are U.S.C. 2302(8) also may use the as follows: in place for proper use of the card. Local Governmentwide commercial purchase commanders are responsible for card to make a purchase that exceeds 213.301 Governmentwide commercial ensuring that the local purchase card the micro-purchase threshold but does purchase card. program maintains internal controls that not exceed the simplified acquisition (1) Only formally appointed and support proper use of the card. threshold, if— trained cardholders are authorized to (c) The penalties for purchase card (1) The supplies or services being use the purchase card. misuse or abuse by civilian or military purchased are immediately available; (2) Do not split requirements members may include, but are not exceeding the micro-purchase threshold limited to, reprimand, dismissal, and/or (2) One delivery and one payment or the cardholder’s single purchase limit imposition of fines or other criminal will be made; and into several purchases that are less than penalties. (3) The requirements of paragraphs (b)(1) and (2) of this subsection are met. the applicable threshold in order to use 213.301–71 Overseas use of the the purchase card (see FAR 13.003(c)). Governmentwide commercial purchase 213.301–72 Convenience checks. (3) Do not use the purchase card to card. issue a task or delivery order that (a) ‘‘United States,’’ as used in this (a) Convenience check purchases are exceeds the cardholder’s single section, means the 50 States and the subject to the same policies and purchase limit. District of Columbia, the responsibilities as are applicable to the (4) When ordering against a Federal Commonwealth of Puerto Rico, the Governmentwide commercial purchase Supply Schedule— Virgin Islands, the Commonwealth of card. See the DoD Financial (i) Comply with the requirements of the Northern Mariana Islands, Guam, Management Regulation, volume 10, FAR 8.404 and 208.404; and American Samoa, Wake Island, Johnston chapter 10, section XXXX, for the (ii) Retain best value documentation Island, Canton Island, the outer procedures for convenience check with the cardholder’s purchase card file. Continental Shelf lands, and any other purchases. (5) When ordering against a blanket place subject to the jurisdiction of the (b) Use a convenience check only purchase agreement, comply with the United States (but not including leased when— requirements of FAR 13.303–5. bases). (1) The amount of the purchase is (6) For each order exceeding $2,500, (b) An individual appointed in $2,500 or less (however, see the DoD comply with the reporting requirements accordance with 201.603–3(b) also may Financial Management Regulation, of subpart 204.6. use the Governmentwide commercial volume 10, chapter 10, section XXXX, (7) Do not issue purchase cards to purchase card to make a purchase that for overseas contingency use); contractors. Under certain conditions, exceeds the micro-purchase threshold (2) Use of the Governmentwide GSA can authorize contractors to but does not exceed $25,000, if— commercial purchase card is not (1) The purchase— establish cards directly with the issuing feasible; bank. Refer contractors that ask for a (i) Is made outside the United States (3) Maximum efforts have been made card to GSA. A listing of GSA points of for use outside the United States; and to find and use vendors that accept the contact can be found on the Internet at: (ii) Is for a commercial item; but Governmentwide commercial purchase http://www.gsa.gov/Portal/content/ (iii) Is not for work to be performed card; offerings_content. by employees recruited within the jsp?contentOID=119199& United States; (4) All alternatives to accomplish the contentType=1004. (iv) Is not for supplies or services same purpose have been evaluated; and 3. Sections 213.301–70 through originating from, or transported from or (5) A convenience check has been 213.301–72 are added to read as follows: through, sources identified in FAR determined to be the most advantageous Subpart 25.7; method of purchase. 213.301–70 DoD Governmentwide (v) Is not for ball or roller bearings as (c) Write convenience checks only for commercial purchase card program end items; the amount of the purchase. responsibilities. (vi) Does not require access to (a) The DoD Purchase Card Program classified or Privacy Act information; [FR Doc. 02–31948 Filed 12–19–02; 8:45 am] Management Office administers the DoD and BILLING CODE 5001–08–P
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DEPARTMENT OF COMMERCE ADDRESSES: Written comments should encompassed by a line beginning at the be sent to Patricia A. Kurkul, Regional Maine shoreline at 69o W. long., National Oceanic and Atmospheric Administrator, NMFS, NE Regional extending southward to the 42o30’ N. Administration Office, 1 Blackburn Drive, Gloucester, lat. and then westward to the 70o W. MA 01930. Mark the outside of the long., and then southward to the Cape 50 CFR Part 600 envelope ‘‘Comments on Manomet Cod shoreline, excluding the year-round [I.D. 120302D] Codend Mesh Selectivity EFP Cashes Ledge and Western Gulf of Proposal.’’ Comments may also be sent Maine closure areas. Magnuson-Stevens Act Provisions; via fax to (978) 281–9135. Comments Data from previous studies showed General Provisions for Domestic will not be accepted if submitted via e- that codends do not perform in the same Fisheries; Application for Exempted mail or the Internet. manner in all areas at the same time, Fishing Permits (EFPs) Copies of the environmental likely due to differences in water assessment prepared for the proposed temperatures and conditions throughout AGENCY: Department of Commerce, study are available from the NE the year. Therefore, in order to account National Oceanic and Atmospheric Regional Office at the same address. for potential variations due to location Administration (NOAA), National FOR FURTHER INFORMATION CONTACT: and time of year, the proposed study Marine Fisheries Service (NMFS) Allison Ferreira, Fishery Policy Analyst, area would be divided into three areas ACTION: Notification of a proposal for 978–281–9103. of operation (North, Center and South), EFPs to conduct experimental fishing; and the study would be conducted over SUPPLEMENTARY INFORMATION: A request for comments. three different months (February, June complete application for an EFP was and November), also referred to as SUMMARY: The Administrator, Northeast received from Manomet on November 4, seasons. The study is proposed to begin Region, NMFS (Regional Administrator) 2002. The EFPs would allow for in February 2003, and be completed by has made a preliminary determination exemptions from the GOM RMA November 30, 2003. that the subject EFP application minimum mesh size requirements In order for the participating vessels contains all required information and specified at 50 CFR 648.80(a)(3)(i), DAS to operate in three separate areas during warrants further consideration. The requirements specified at § 648.82(a), the months of February, June and Regional Administrator has also made a and the restrictions of GOM Rolling November, these vessels must be preliminary determination that the Closure Areas IV and V specified at exempt from GOM Rolling Closure Area activities authorized under the EFP § 648.81(g). IV and Rolling Closure Area V. Rolling would be consistent with the goals and This industry collaborative study Closure Area IV is in effect from June 1 objectives of the Northeast (NE) involves Manomet and the - June 30, 2003, and Rolling Closure Multispecies Fishery Management Plan Massachusetts Division of Marine Area V is in effect from October 1 - (FMP). However, further review and Fisheries as co-principal investigators. November 30, 2003. If participating consultation may be necessary before a The proposed experimental fishery vessels were not exempt from these final determination is made to issue would test the mesh selectivity of single seasonal closure areas, only the Center EFPs. Therefore, NMFS announces that and composite mesh codends in the area could be sampled during all three the Regional Administrator proposes to GOM RMA. The objective of the seasons, while the North and South issue EFPs that would allow three proposed study is to address bycatch areas could be sampled for two seasons vessels to conduct fishing operations and discard of non-target and sub-legal each. As a result, the ability to compare that are otherwise restricted by the sized fish in the GOM groundfish otter results across seasons and areas would regulations governing the fisheries of trawl fishery. The proposed study be severely impacted if access to the the Northeastern United States. The would test four codends, two single and GOM rolling closure areas were not EFPs would exempt these vessels from two composite, designed to authorized. minimum mesh size requirements of the accommodate new mesh-size A maximum of three vessels would be Gulf of Maine (GOM) Regulated Mesh regulations in various configurations. participating in the experimental fishery Area (RMA), days-at-sea (DAS) The four proposed codend at any time. One additional vessel requirements, and the restrictions of configurations are: (1) A codend would be designated as an alternate. GOM Rolling Closure Areas IV and V. constructed entirely of 6.5–inch (16.5– The three participating vessels would The proposed experiment would consist cm) diamond mesh; (2) a codend conduct one concurrent trip per season, of a codend mesh selectivity study in constructed entirely of 7–inch (17.8–cm) with each vessel operating in a different the GOM RMA. This study would test square mesh; (3) a codend constructed area of operation, North, Center, or four codends, two single and two with 7–inch (17.8–cm) square mesh in South. Each vessel would conduct eight composite, designed to accommodate the upper panel and 6.5–inch (16.5–cm) tows of 20 minutes in duration with new mesh-size regulations in various diamond mesh in the lower panel; and each of the four codend types, for a total configurations. All experimental work (4) a codend constructed with 7–inch of 32 tows per vessel per season, and a would be monitored by Manomet Center (17.8–cm) square mesh in the upper total of 288 tows for the entire study. for Conservation Sciences (Manomet) panel and 7–inch (17.8–cm) diamond Each concurrent trip would last four personnel. Regulations under the mesh in the lower panel. Each codend operational sea days, resulting in a total Magnuson-Stevens Fishery would be covered with a small mesh (3– of 36 sea days for the entire study. Conservation and Management Act inch (7.6–cm)) codend cover in order to Therefore, participating vessels would require publication of this notification gather information on the length be exempt from a total of 36 DAS. to provide interested parties the frequency of the population sampled Participating vessels would not engage opportunity to comment on applications versus the length frequency of the in any other fishing activities other than for proposed EFPs. population retained. Selectivity curves the experimental tows while operating DATES: Comments on this action must be for each test codend could then be under an exempted DAS. The four received at the appropriate address or generated using this information. operational sea days would provide fax number (see ADDRESSES) on or before The proposed study area would Manomet staff with sufficient time to January 6, 2003. consist of that portion of the GOM RMA process catch between hauls and re-rig
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the vessels for each of the four test study would be provided to NMFS no participating vessels would be codends, and would also provide for later than 6 months following authorized to land the maximum additional time in case of bad weather. completion of the study. haddock trip limit. Depending on the distance of the study All vessels participating in the A draft environmental assessment area from port, weather conditions, and proposed experimental fishery would be (EA) has been prepared that analyzes other logistical factors, participating required to abide by existing trip limits the impacts of the proposed vessels could re-rig for each test codend for cod and haddock. Current experimental fishery on the human at sea, or could return to port for re- regulations restrict vessels fishing in the environment. This draft EA concludes rigging. Participating vessels would be GOM to landing no more than 500 lb that the proposed activities to be required to notify NMFS prior to (226.8 kg) of cod per DAS, up to a conducted under the requested EFPs are commencing an experimental fishing maximum of 4,000 lb (1,814.4 kg) per consistent with the goals and objectives trip. trip. Vessels would also be restricted to of the FMP, would not be detrimental to Target species would include cod, landing 3,000 lb (1,360.8 kg) of haddock the well-being of any stocks of fish haddock, yellowtail flounder, American per DAS, up to a maximum of 30,000 lb harvested, and would have no plaice, witch flounder, pollock, and (13,607.8 kg), during the months of May significant environmental impacts. The windowpane flounder. The primary through September, and 5,000 lb (2,268 draft EA also concludes that the incidental species are expected to be kg) per DAS, up to a maximum of proposed experimental fishery would skate, smooth dogfish, spiny dogfish, 50,000 lb (22,679.6 kg), during the not be detrimental to Essential Fish sculpins, sea raven and sea robin. All months of October through April. Habitat, marine mammals, or protected biological and environmental Because each vessel is expected to species. information would be recorded by utilize four sea days each season, these EFPs would be issued to up to four trained observers (supplied by vessels would be limited to landing a vessels (three participating plus one Manomet) on relevant NMFS observer maximum of 2,000 lb (907.2 kg) of cod alternate), exempting them from the logbooks. Each participating vessel each trip, and 12,000 lb (5,443.1 kg) of DAS requirements, and specific would have two observers on board. All haddock during the November and minimum mesh size requirements and catch would be sorted and weighed on February trips, and 20,000 lb (9,071.8 GOM rolling closure area restrictions of board the vessel. In addition, all kg) of haddock during the June trips. If the FMP. commercially important species would the Regional Administrator projects that Authority: 16 U.S.C. 1801 et seq. be measured. All species that do not less than 75 percent of the target total meet minimum size requirements would allowable catch for haddock will be Dated: December 13, 2002. be returned to the sea immediately harvested by the end of the fishing year, Bruce C. Morehead, following scientific processing. NMFS may waive the daily haddock trip Acting Director, Office of Sustainable Therefore, no undersized fish would be limit as authorized under Fisheries, National Marine Fisheries Service. retained on board the vessel. A final § 648.86(a)(1)(iii)(B). If the daily [FR Doc. 02–32147 Filed 12–19–02; 8:45 am] report containing the results of the haddock trip limit is waived, BILLING CODE 3510–22–S
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Notices Federal Register Vol. 67, No. 245
Friday, December 20, 2002
This section of the FEDERAL REGISTER 1238. Please state that your comment semen, and pork and pork products may contains documents other than rules or refers to Docket No. 98–090–4. If you be imported into the United States proposed rules that are applicable to the use e-mail, address your comment to under certain conditions. public. Notices of hearings and investigations, [email protected]. Your We also proposed to add Greece and committee meetings, agency decisions and comment must be contained in the body eight Regions in northern Italy to the list rulings, delegations of authority, filing of petitions and applications and agency of your message; do not send attached of regions recognized as free of swine statements of organization and functions are files. Please include your name and vesicular disease (SVD). Additionally, examples of documents appearing in this address in your message and ‘‘Docket we proposed to add Greece and the section. No. 98–090–4’’ on the subject line. eight Regions in Italy to the list of SVD- You may read any comments that we free regions whose exports of pork and receive on this docket in our reading pork products to the United States are DEPARTMENT OF AGRICULTURE room. The reading room is located in subject to certain restrictions because room 1141 of the USDA South Building, those regions either supplement their Animal and Plant Health Inspection 14th Street and Independence Avenue national pork supply with fresh (chilled Service SW., Washington, DC. Normal reading or frozen) meat of animals from a region [Docket No. 98–090–4] room hours are 8 a.m. to 4:30 p.m., where SVD is considered to exist, have Monday through Friday, except a common border with such regions, or Recognition of Animal Disease Status holidays. To be sure someone is there to conduct certain trade practices that are of Regions in the European Union; help you, please call (202) 690–2817 less restrictive than are acceptable to the Availability of Environmental before coming. United States. Assessments and Request for APHIS documents published in the In our proposed rule, we stated that Comments Federal Register, and related we were preparing an environmental information, including the names of assessment in accordance with: (1) The AGENCY: Animal and Plant Health organizations and individuals who have National Environmental Policy Act of Inspection Service, USDA. commented on APHIS dockets, are 1969, as amended (NEPA) (42 U.S.C. ACTION: Notice of availability and available on the Internet at http:// 4321 et seq.), (2) regulations of the request for comments. www.aphis.usda.gov/ppd/rad/ Council on Environmental Quality for webrepor.html. implementing the procedural provisions SUMMARY: We are informing the public FOR FURTHER INFORMATION CONTACT: of NEPA (40 CFR parts 1500–1508), (3) that the Animal and Plant Health Dr. Gary Colgrove, Assistant Director, USDA regulations implementing NEPA Inspection Service has prepared two (7 CFR part 1b), and (4) APHIS’ NEPA environmental assessments for a Sanitary Trade Issues Team, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD Implementing Procedures (7 CFR part proposal to do the following: (1) 372). We also stated that when the Recognize a region in the European 20737–1231; (301) 734–8364. SUPPLEMENTARY INFORMATION: environmental assessment was Union as a region in which hog cholera completed, we would inform the public (classical swine fever) is not known to Background through a notice in the Federal Register exist, and from which breeding swine, The Animal and Plant Health that it was available. swine semen, and pork and pork Inspection Service (APHIS) of the This notice announces the availability products may be imported into the United States Department of Agriculture of two environmental assessments for United States under certain conditions; regulates the importation of animals and public review and comment. They are and (2) recognize Greece and certain animal products into the United States titled ‘‘Proposed Rule for Importation of Regions in Italy as free of swine to guard against the introduction of Live Swine, Swine Semen, and Pork and vesicular disease. The environmental animal diseases not currently present or Pork Products from Certain Regions assessments document our review and prevalent in this country. The Within the European Union, analysis of environmental impacts regulations pertaining to the Environmental Assessment,’’ dated associated with the proposal. We are importation of animals and animal October 2002; and ‘‘Proposed Rule for making these environmental products are set forth in the Code of Importation of Pork and Pork Products assessments available to the public for Federal Regulations (CFR), title 9, from Greece and Certain Regions of review and comment. chapter I, subchapter D (9 CFR parts 91 Italy, Environmental Assessment,’’ also DATES: We invite you to comment on the through 99). dated October 2002. The environmental environmental assessments. We will On June 25, 1999, we published in the assessments do not take into consider all comments that we receive Federal Register (64 FR 34155–34168, consideration any regions that had an on or before January 21, 2003. Docket No. 98–090–1) a proposal to outbreak of either CSF or SVD following ADDRESSES: You may submit comments amend the regulations by recognizing— publication of the June 1999 proposed by postal mail/commercial delivery or with the exception of specified areas in rule and for which, consequently, by e-mail. If you use postal mail/ Germany and Italy—the countries of import restrictions due to CSF or SVD commercial delivery, please send four Austria, Belgium, France, Germany, would not be removed. copies of your comment (an original and Greece, Italy, Luxembourg, the The environmental assessments may three copies) to: Docket No. 98-090–4, Netherlands, Portugal, and Spain as a be viewed on the Internet at http:// Regulatory Analysis and Development, region in which hog cholera (classical www.aphis.usda.gov/ppd/es/ PPD, APHIS, Station 3C71, 4700 River swine fever (CSF)) is not known to exist, vsdocs.html. You may request paper Road Unit 118, Riverdale, MD 20737– and from which breeding swine, swine copies of the environmental assessments
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from the person listed under FOR constraints, the public will not be Type of Request: Extension and FURTHER INFORMATION CONTACT. Please allowed to participate in the discussions revision of currently approved refer to the title of the environmental during the meeting. Written statements information collections, with change to assessments when requesting copies. on meeting topics may be filed with the combine 0551–0026 (Foreign Market The environmental assessments are also Committee before or after the meeting Development Cooperator Program) and available for review in our reading room by sending them to the person listed 0551–0027 (Market Access Program). (the location and hours of the reading under FOR FURTHER INFORMATION Abstract: The primary objective of the room are listed under the heading CONTACT. Written statements may also Foreign Market Development ADDRESSES at the beginning of this be filed at the meeting. Please refer to Cooperator Program and the Market notice). Docket No. 02–118–1 when submitting Access Program is to encourage and aid Done in Washington, DC, this 16th day of your statements. in the creation, maintenance and December 2002. This notice of meeting is given expansion of commercial export markets pursuant to section 10 of the Federal Peter Fernandez, for U.S. agricultural products through Advisory Committee Act. Acting Administrator, Animal and Plant cost-share assistance to eligible trade Health Inspection Service. Done in Washington, DC, this 17th day of organizations. The programs are a [FR Doc. 02–32059 Filed 12–19–02; 8:45 am] December, 2002. cooperative effort between CCC and the Peter Fernandez, eligible trade organizations. Currently, BILLING CODE 3410–34–P Acting Administrator, Animal and Plant there are about 70 organizations Health Inspection Service. participating directly in the programs DEPARTMENT OF AGRICULTURE [FR Doc. 02–32058 Filed 12–19–02; 8:45 am] with activities in more than 100 BILLING CODE 3410–34–P countries. Animal and Plant Health Inspection Prior to initiating program activities, Service each Cooperator or MAP participant DEPARTMENT OF AGRICULTURE must submit a detailed application to [Docket No. 02–118–1] Foreign Agricultural Service (FAS) Commodity Credit Corporation General Conference Committee of the which includes an assessment of overseas market potential; market or National Poultry Improvement Plan; Notice of Request for Extension and country strategies, constrains, goals and Meeting Revision of Currently Approved benchmarks; proposed market Information Collections AGENCY: Animal and Plant Health development activities; estimated Inspection Service, USDA. AGENCY: Commodity Credit Corporation, budgets; and performance ACTION: Notice of meeting. USDA. measurements. Prior years’ plans often ACTION: Notice and request for dictate the content of current year plans SUMMARY: We are giving notice of a comments. because many activities are meeting of the General Conference continuations of previous activities. Committee of the National Poultry SUMMARY: In accordance with the Each Cooperator or MAP participant is Improvement Plan. Paperwork Reduction Act of 1995, this also responsible for submitting: (1) DATES: The General Conference notice announces the Commodity Credit Reimbursement claims for approved Committee will meet on January 22, Corporation’s (CCC) intention to request costs incurred in carrying out approved 2003, from 1:30 p.m. to 5 p.m. and extension for, and revision to, activities, (2) an end-of-year ADDRESSES: The meeting will be held at currently approved information contribution report, (3) travel reports, the Georgia World Congress Center, collections in support of the Foreign and (4) progress reports/evaluation Building B, Room 408, 285 Andrew Market Development Cooperation studies. Cooperators, or MAP Young International Boulevard, NW., (Cooperator) Program and the Market participants must maintain records on Atlanta, GA. Access Program (MAP) based on re- all information submitted to FAS. The FOR FURTHER INFORMATION CONTACT: Mr. estimates. information collected is used by FAS to Andrew R. Rhorer, Senior Coordinator, DATES: Comments on this notice must be manage, plan, evaluate and account for Poultry Improvement Staff, National received by February 18, 2003. Government resources. The reports and Poultry Improvement Plan, VS, APHIS, ADDITIONAL INFORMATION OR COMMENTS: records are required to ensure the 1498 Klondike Road, Suite 200, Contact Director, Marketing Operations proper and judicious use of public Conyers, GA 30094–5104; (770) 922– Staff, Foreign Agricultural Service, U.S. funds. 3496. Department of Agriculture, 1400 Estimate of Burden: Public reporting SUPPLEMENTARY INFORMATION: The Independence Avenue, SW., burden for this collection of information General Conference Committee (the Washington, DC 20250–1042, (202) 720– is estimated to average 21 hours per Committee) of the National Poultry 4327. response. Improvement Plan (NPIP), representing SUPPLEMENTARY INFORMATION: Respondents: Non-profit trade cooperating State agencies and poultry Title: Foreign Market Development organizations, state groups, industry members, serves an essential Cooperator Program and Market Access cooperatives, and commercial entities. function by acting as liaison between Program. Estimated Number of Respondents: the poultry industry and the Department OMB Number: 0551–26 and 0551– 71. in matters pertaining to poultry health. 0027, respectively. These will be Estimated Number of Responses per The topic of discussion at the meeting combined into OMB Number 0551–0026 Respondent: 62. will be the development of a low if this request is approved. Estimated Total Annual Burden on pathogenic avian influenza surveillance Expiration Date of Approval: March Respondents: 91,442 hours. program for the commercial table egg, 31, 2003, for the Foreign Market Copies of this information collection broiler, and turkey industries. Development Cooperator Program and can be obtained from Kimberly Chisley, The meeting will be open to the June 30, 2003, for the Market Access the Agency Information Collection public. However, due to time Program. Coordinator, at (202) 720–2568.
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Request for Comments: Send collection, contact Robert C. information will have practical utility; comments regarding the accuracy of the MacDonald, (202) 205–5967. (b) the accuracy of the Agency’s burden estimate, ways to minimize the SUPPLEMENTARY INFORMATION: estimate of the burden of the proposed burden, including through the use of Title: CSREES Proposal Review collection of information; (c) ways to automated collection techniques or Process. enhance the quality, utility and clarity other forms of information technology, OMB Number: 0524–NEW. of the information to be collected; and or any other aspect of this collection of Expiration Date of Current Approval: (d) ways to minimize the burden of the information, to: Director, Marketing Not applicable. collection of information on those who Operations Staff, U.S. Department of Type of Request: Intent to seek are to respond, including through the Agriculture, 1400 Independence Ave., approval to establish an information use of appropriate automated, SW., STOP 1042, Washington, DC collection for three years. electronic, mechanical, or other 20250–1042. Facsimile submissions Abstract: The Cooperative State technological collection techniques or may be sent to (202) 720–9361 and Research, Education and Extension other forms of information technology. electronic mail submissions should be Service (CSREES) is responsible for Done in Washington, DC, this 10th day of addressed to: [email protected]. performing a review of proposals December, 2002. All responses to this notice will be submitted to CSREES competitive award summarized and included in the request Joseph J. Jen, programs in accordance with section Under Secretary, Research, Education, and for OMB approval. All comments will 103(a) of the Agricultural Research, also become a matter of public record. Economics. Extension, and Education Reform Act of [FR Doc. 02–32057 Filed 12–19–02; 8:45 am] Signed at Washington, DC, December 16, 1998, 7 U.S.C. 7613(a). Reviews are BILLING CODE 3410–22–U 2002. undertaken to ensure that projects A. Ellen Terpstra, supported by CSREES are of high Administrator, Foreign Agricultural Service quality, and are consistent with the DEPARTMENT OF AGRICULTURE and Vice President, Commodity Credit goals and requirements of the funding Corporation. program. Forest Service [FR Doc. 02–32120 Filed 12–19–02; 8:45 am] Proposals submitted to CSREES BILLING CODE 3410–10–M undergo a programmatic evaluation to Notice of Modoc County RAC Meeting determine worthiness of Federal support. The evaluations consist of a SUMMARY: Pursuant to the authorities in DEPARTMENT OF AGRICULTURE peer review and may also entail an the Federal Advisory Committees Act (Pub. L. 92–463) and under the Secure Cooperative State Research, assessment by Federal employees and Rural Schools and Community Self- Education, and Extension Service mail-in reviews. The information collected from the Determination Act of 2000 (Pub. L. 106– Notice of Intent To Establish an evaluations is used to support CSREES 393) the Modoc National Forest’s Modoc Information Collection grant programs. CSREES uses the results County Resource Advisory Committee of the proposal evaluation to determine will meet Wednesday, January 8, 2003, AGENCY: Cooperative State Research, whether a proposal should be declined in Alturas, California for a business Education, and Extension Service, or recommended for award. When meeting. The meeting is open to the USDA. CSREES has rendered a decision, copies public. ACTION: Notice and request for of reviews, excluding the names of the comments. reviewers, and summaries of review SUPPLEMENTARY INFORMATION: The panel deliberations, if any, are provided business meeting January 8, begins at 4 SUMMARY: In accordance with the p.m., at the Modoc National Forest Paperwork Reduction Act of 1995 and to the submitting Project Director. Listings of panelists’ names are released; Office, Conference Room, 800 West 12th Office of Management and Budget St., Alturas. Agenda topics will include (OMB) regulations at 5 CFR part 1320, however, no association is made with the review of an individual proposal. approval of November 13 minutes, this notice announces the Cooperative reports from subcommittees, and State Research, Education, and Estimate of Burden: CSREES estimates that anywhere from one hour to twenty discussion of potential projects for fiscal Extension Service’s (CSREES) intention year 2004 that will improve the to request approval to establish an hours may be required to review a proposal. It is estimated that maintenance of existing infrastructure, information collection for the CSREES implement stewardship objectives that proposal review process. approximately five hours are required to review an average proposal. Each enhance forest ecosystems, and restore DATES: Written comments on this notice proposal receives an average of four and improve health and water quality must be received by February 24, 2003, reviews. that meet the intent of Public Law 106– to be assured of consideration. Copies of this information collection 393. Time will also be set aside for Comments received after that date will can be obtained from Robert C. public comments at the beginning of the be considered to the extent practicable. MacDonald, Grants Policy Program meeting. ADDRESSES: Written comments Leader, Information Systems and FOR FURTHER INFORMATION: Contact concerning this notice may be mailed to Technology Management, CSREES, Kathleen A. Jordan, Acting Forest Robert C. MacDonald, Grants Policy USDA, STOP 2216, 1400 Independence Supervisor and Designated Federal Program Leader, Information Systems Avenue, SW., Washington, DC 20250– Officer, at (530) 233–8700; or Public and Technology Management, CSREES, 2216. Telephone (202) 205–5967. E- Affairs Officer Nancy Gardner at (530) USDA, STOP 2216, 1400 Independence mail: [email protected]. 233–8713. Avenue, SW., Washington, DC 20250– Comments: Comments are invited on: 2216 or sent electronically to: (a) Whether the proposed collection of Kathleen A. Jordan, [email protected]. information is necessary for the proper Acting Forest Supervisor. FOR FURTHER INFORMATION CONTACT: To performance of the functions of the [FR Doc. 02–32047 Filed 12–19–02; 8:45 am] request a copy of the information Agency, including whether the BILLING CODE 3410–11–P
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COMMITTEE FOR PURCHASE FROM on which they are providing additional than the small organizations that will PEOPLE WHO ARE BLIND OR information. furnish the products to the Government. SEVERELY DISABLED The following services are proposed 2. If approved, the action will result for addition to Procurement List for in authorizing small entities to furnish Procurement List; Proposed Additions production by the nonprofit agencies the products to the Government. and Deletions listed: 3. There are no known regulatory alternatives which would accomplish AGENCY: Committee for Purchase from Services the objectives of the Javits-Wagner- People Who Are Blind or Severely O’Day Act (41 U.S.C. 46–48c) in Disabled. Service Type/Location: Chemical Latrine Rental Servicing Vault Latrine Servicing, connection with the products proposed ACTION: Proposed additions to and Fort Lewis & Yakima Training Center, for deletion from the Procurement List. deletions from Procurement List. Fort Lewis, Washington The following products are proposed NPA: Skookum Educational Programs, Port for deletion from the Procurement List: SUMMARY: The Committee is proposing Townsend, Washington to add to the Procurement List services Contract Activity: Directorate of Contracting, Products to be furnished by nonprofit agencies Fort Lewis, Washington Product/NSN: Pallet, P.S., Material Handling employing persons who are blind or Service Type/Location: Facilities 3990–00-NSH–0008 have other severe disabilities, and to Maintenance, Greater Louisville NPA: Handi-Shop Industries, Inc., Tomah, delete products previously furnished by Technology Park, Port Hueneme Wisconsin such agencies. Detachment and Navy Caretaker Site Contract Activity: U.S. Postal Service, Comments Must Be Received On or Office, Louisville, Kentucky Western AreaSupply Center, Topeka, Before: January 19, 2003. NPA: Employment Source, Inc., Fayetteville, Kansas North Carolina ADDRESSES: Product/NSN: Pallet, Wood Committee for Purchase Contract Activity: Naval Surface Warfare From People Who Are Blind or Severely 3990–00–NSH–0072 Center, Crane, Indiana NPA: Handi-Shop Industries, Inc., Tomah, Disabled, Jefferson Plaza 2, Suite 10800, Service Type/Location: Janitorial/Custodial, Wisconsin 1421 Jefferson Davis Highway, 183rd Fighter Wing Air National Guard, Contract Activity: Federal Prison Industries, Arlington, Virginia 22202–3259. Capitol Airport, Springfield, Illinois Washington, DC FOR FURTHER INFORMATION CONTACT: NPA: Challenge Unlimited, Inc., Alton, Sheryl D. Kennerly, (703) 603–7740. Illinois Sheryl D. Kennerly, Director, Information Management. SUPPLEMENTARY INFORMATION: This Contract Activity: 183rd Fighter Wing/Air notice is published pursuant to 41 U.S.C National Guard, Springfield, Illinois [FR Doc. 02–32145 Filed 12–19–02; 8:45 am] 47(a) (2) and 41 CFR 51–2.3. Its purpose Service Type/Location: Janitorial/Custodial, BILLING CODE 6353–01–P is to provide interested persons an U.S. Army Reserve Center, Blacklick, Ohio opportunity to submit comments on the NPA: Licking-Knox Goodwill Industries, Inc., COMMITTEE FOR PURCHASE FROM possible impact of the proposed actions. Newark, Ohio PEOPLE WHO ARE BLIND OR Additions Contract Activity: HQ, 88th Regional Support SEVERELY DISABLED Command, Fort Snelling, Minnesota If the Committee approves the Service Type/Location: Janitorial/Custodial, Procurement List; Additions and proposed additions, the entities of the U.S. Army Reserve Center, Columbus, Deletions Federal Government identified in this Ohio notice for each service will be required NPA: Licking-Knox Goodwill Industries, Inc., AGENCY: Committee for Purchase From to procure the services listed below Newark, OhioContract Activity: HQ, 88th People Who Are Blind or Severely from nonprofit agencies employing Regional Support Command, Fort Disabled. Snelling, Minnesota persons who are blind or have other ACTION: Additions to and deletions from severe disabilities. Service Type/Location: Janitorial/Custodial, Procurement List. I certify that the following action will U.S. Geological Survey, Great Lakes not have a significant impact on a Science Center, Ann Arbor, Michigan SUMMARY: This action adds to the substantial number of small entities. NPA: Work Skills Corporation, Brighton, Procurement List products and services Michigan The major factors considered for this Contract Activity: U.S. Geological Survey, to be furnished by nonprofit agencies certification were: Reston, Virginia employing persons who are blind or 1. If approved, the action will not Service Type/Location: Janitorial/Custodial, have other severe disabilities, and result in any additional reporting, U.S. Geological Survey, Upper Midwest, deletes from the Procurement List recordkeeping or other compliance Environmental Science Center, La products previously furnished by such requirements for small entities other Crosse, Wisconsin agencies. than the small organizations that will NPA: Riverfront Activity Center, Inc., La EFFECTIVE DATE: January 19, 2003. furnish the services to the Government. Crosse, Wisconsin 2. If approved, the action will result Contract Activity: U.S. Geological Survey, ADDRESSES: Committee for Purchase in authorizing small entities to furnish Reston, Virginia From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, the services to the Government. Deletions 3. There are no known regulatory 1421 Jefferson Davis Highway, alternatives which would accomplish I certify that the following action will Arlington, Virginia 22202–3259. the objectives of the Javits-Wagner- not have a significant impact on a FOR FURTHER INFORMATION CONTACT: O’Day Act (41 U.S.C. 46–48c) in substantial number of small entities. Sheryl D, Kennerly, (703) 603–7740. connection with the services proposed The major factors considered for this SUPPLEMENTARY INFORMATION: for addition to the Procurement List. certification were: Comments on this certification are 1. If approved, the action will not Additions invited. result in any additional reporting, On June 28, August 30, September 13, Commenters should identify the recordkeeping or other compliance September 20, October 4, October 18, statement(s) underlying the certification requirements for small entities other October 25, and November 8, 2002, the
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Committee for Purchase From People NPA: Central Association for the Blind & under 41 U.S.C. 46–48c and 41 CFR 51– Who Are Blind or Severely Disabled Visually Impaired, Utica, NY 2.4. published notice (67 FR 43582, 55776, Contract Activity: Office Supplies & Paper Accordingly, the following products 58014, 59249, 62224, 64351, 65531 and Products Acquisition Center, New York, are deleted from the Procurement List: NY 68091) of proposed additions to the Products Procurement List. After consideration of Services the material presented to it concerning Product/NSN: Pencil, Mechanical Service Type/Location: Base Supply Center, 7520–00–285–5822 capability of qualified nonprofit Federal Law Enforcement Training 7520–00–285–5823 agencies to provide the products and Center, Brunswick, Georgia 7520–00–285–5826 services and impact of the additions on NPA: L.C. Industries For The Blind, Inc., NPA: San Antonio Lighthouse, San Antonio, the current or most recent contractors, Durham, North Carolina Texas the Committee has determined that the Contract Activity: Federal Law Enforcement Contract Activity: Office Supplies & Paper Training Center (FLETC) products and services listed below are Products Acquisition Center, New York, suitable for procurement by the Federal Service Type/Location: Janitorial/Custodial, New York Army Reserve Center (Fort Harrison), Government under 41 U.S.C. 46–48c Indianapolis, Indiana Sheryl D. Kennerly, and 41 CFR 51–2.4. NPA: Child-Adult Resource Services, Inc., Director, Information Management. I certify that the following action will Green Castle, Indiana [FR Doc. 02–32146 Filed 12–19–02; 8:45 am] not have a significant impact on a Contract Activity: HQ, 88th Regional Support BILLING CODE 6353–01–P substantial number of small entities. Command, Fort Snelling, Minnesota The major factors considered for this Service Type/Location: Laundry Service, certification were: Andrews Air Force Base, Maryland 1. The action will not result in any DEFENSE NUCLEAR FACILITIES NPA: Rappahannock Goodwill Industries, SAFETY BOARD additional reporting, recordkeeping or Inc., Fredericksburg, Virginia other compliance requirements for small [Recommendation 2002–3] Contract Activity: 89th Contracting entities other than the small Squadron, Andrews AFB, Maryland organizations that will furnish the Requirements for the Design, Service Type/Location: Lawn Service Naval Implementation, and Maintenance of products and services to the Reserve Center, Cleveland, Ohio Government. Administrative Controls NPA: Goodwill Industries of Greater 2. The action will result in Cleveland, Inc., Cleveland, Ohio AGENCY: Defense Nuclear Facilities authorizing small entities to furnish the Contract Activity: Officer in Charge of Safety Board. products and services to the Contracts, NAVFAC, Crane, Indiana Government. ACTION: Notice, recommendation. Service Type/Location: Personal 3. There are no known regulatory Environmental Protection & Survival SUMMARY: The Defense Nuclear alternatives which would accomplish Equipment Warehousing and Facilities Safety Board has made a the objectives of the Javits-Wagner- Distribution Services, U.S. Army Natick recommendation to the Secretary of O’Day Act (41 U.S.C. 46–48c) in Research Development & Engineering Energy pursuant to 42 U.S.C. 2286a(a)(5) connection with the products and Center, Natick, Massachusetts concerning requirements for the design, services proposed for addition to the NPA: Peckham Vocational Industries, Inc., implementation, and maintenance of Procurement List. Lansing, Michigan administrative controls. Accordingly, the following products Contract Activity: U.S. Army Natick Soldier DATES: and services are added to the Center, Natick, Massachusetts Comments, data, views, or Procurement List: arguments concerning the Deletions recommendation are due on or before Products I certify that the following action will January 21, 2003. Product/NSN: Dual Head Stethoscope 6515– not have a significant impact on a ADDRESSES: Send comments, data, 00–NIB–0115 substantial number of small entities. views, or arguments concerning this NPA: Central Association for the Blind & recommendation to: Defense Nuclear Visually Impaired, Utica, New York The major factors considered for this Contract Activity: Veterans Affairs National certification were: Facilities Safety Board, 625 Indiana Acquisition Center, Hines, Illinois 1. The action may not result in any Avenue, NW., Suite 700, Washington, Product/NSN: Flashlight, Aluminum additional reporting, recordkeeping or DC 20004–2001. 6230–00–NIB–0004 (2AA, Black) other compliance requirements for small FOR FURTHER INFORMATION CONTACT: 6230–00–NIB–0005 (2AA, Blue) entities other than the small Kenneth M. Pusateri or Andrew L. 6230–00–NIB–0006 (2AA, Red) organizations that will furnish the Thibadeau at the address above or 6230–00–NIB–0007 (2AA, Silver) products to the Government. telephone (202) 694–7000. 6230–00–NIB–0008 (2D, Black) 2. The action will result in 6230–00–NIB–0009 (2D, Blue) Dated: December 16, 2002. 6230–00–NIB–0010 (2D, Red) authorizing small entities to furnish the John T. Conway, 6230–00–NIB–0011 (2D, Silver) products to the Government. Chairman. 6230–00–NIB–0012 (3D, Black) 3. There are no known regulatory 6230–00–NIB–0013 (3D, Blue) alternatives which would accomplish Background 6230–00–NIB–0014 (3D, Red) the objectives of the Javits-Wagner- The implementation of an effective and 6230–00–NIB–0015 (3D, Silver) O’Day Act (41 U.S.C. 46–48c) in reliable set of controls is one of the most 6230–00–NIB–0016 (4D, Black) connection with the products deleted important cornerstones of safe operation at 6230–00–NIB–0017 (4D, Blue) from the Procurement List. defense nuclear facilities. In this context, the 6230–00–NIB–0018 (4D, Red) term ‘‘control’’ refers to those structures, 6230–00–NIB–0019 (4D, Silver) After consideration of the relevant systems, and components (SSCs) and 6230–00–NIB–0020 (5D, Black) matter presented, the committee has administrative controls that prevent or 6230–00–NIB–0021 (5D, Blue) determined that the products listed mitigate undesirable consequences of 6230–00–NIB–0022 (5D, Red) below are no longer suitable for postulated accident scenarios. The Defense 6230–00–NIB–0023 (5D, Silver) procurement by the Federal Government Nuclear Facilities Safety Board (Board) has
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compiled a set of observations that are inspection programs. The Board has observed Westinghouse Savannah River Company particularly relevant to the development and a number of instances, similar to the (WSRC) indicated that the quantity of implementation of administrative controls in examples involving specific operator actions, combustibles in the area may actually be as the Department of Energy’s (DOE) defense in which such programmatic controls are high as 5,670 pounds wood equivalent, nuclear complex. The results of these reviews credited for the prevention and mitigation of providing sufficient fuel to produce a high- and observations are summarized in this specific hazard scenarios. temperature (1200°C) flashover fire in the recommendation. area and boil off the tank contents. As a It has been well recognized that Weaknesses in the Implementation of administrative controls play an important Important Administrative Controls result, it was determined that combustible role in establishing and maintaining overall The Board has observed that the control was no longer a viable administrative safety of nuclear activities. Previous development and implementation of control for this area. Instead, WSRC has technical reports issued by the Board have important administrative controls have not implemented an additional administrative underscored the need for heightened always conformed to the expectations and control to limit the concentration of vigilance in the selection and quality standards that would be applied to plutonium in the tanks to 5.5 grams per liter implementation of task-specific corresponding safety-class engineered to prevent unacceptable consequences of a administrative controls, as well as those of a features. The following examples illustrate fire in this area. The details of these issues more programmatic nature (e.g., criticality this point: were documented in a letter from the Board control programs). In particular, in DNFSB/ 1. During a review of the process controls dated July 20, 2001. TECH–28, Safety Basis Expectations for for a new aqueous recovery line for Existing Department of Energy Defense plutonium 238 (Pu-238) at Los Alamos Recommendation Nuclear Facilities and Activities (October National Laboratory (LANL), the Board found The development, selection, and that the facility had placed heavy reliance on 2000), the Board observed the need for DOE implementation of an effective set of hazard to promulgate additional guidance in this administrative controls in lieu of engineered controls are among the most important area. However, DOE has taken little action to controls. However, LANL had not planned to provide the degree of specificity necessary to incorporate many of these administrative elements of nuclear safety. At defense properly design, implement, and monitor the controls, some of which were safety-related, nuclear facilities, DOE has established a effectiveness of important administrative into Technical Safety Requirements (TSRs) priority system that favors preventive over controls. prior to the startup of the Pu-238 recovery mitigative measures, and passive design Administrative controls have been defined process. Examples include procedural features over active controls. The approved in the DOE Nuclear Safety Management rule controls on the makeup of strong acids used system recognizes that, where necessary or as, ‘‘* * * the provisions relating to the to elute ion exchange resin and procedural practical, administrative controls may play organization, management, procedures, controls designed to monitor for resin dryout. an important role in hazard prevention and recordkeeping, assessment, and reporting Strong acids can react violently with the ion mitigation. necessary to ensure safe operation of a exchange resin, and resin dryout can also In the Board’s view, the activities facility.’’ 10 CFR 830.3(a). In practice, lead to energetic reactions. These concerns associated with the development, however, the concept of an administrative were communicated to DOE in a Board letter implementation, and ongoing verification control is used more broadly in the context dated April 23, 2002. and validation of safety-class and safety- of hazard prevention and mitigation. In this 2. During a review at the Y–12 National significant administrative controls should be regard, an administrative control can be Security Complex, the Board noted that the conducted with the same degree of rigor and viewed as an extension of a hazard control fire protection program for Building 9212 B– and defined accordingly. Thus from a 1 Wing identified 21 administrative controls quality assurance as that afforded engineered broader and more operational perspective, needed to protect the facility during testing controls or design features with similar safety some administrative controls should be and process restart. These administrative importance. Therefore, the Board treated similarly to engineered or design controls include operational considerations recommends the following: features that are used to eliminate, limit, or in the use of organic solvents, a transient 1. DOE should promulgate a set of mitigate potential hazards. combustible control program, control of requirements for safety-class and safety- DOE has promulgated guidance to assist ignition sources, and designated laydown significant administrative controls to facilities in the classification of controls. In areas for combustible materials. The Board establish appropriate expectations for the general, controls necessary to prevent or determined that the various administrative design, implementation, and maintenance of mitigate significant consequences to the controls were not always updated or these important safety controls. The public are classified as ‘‘safety-class’’ and modified to reflect changes in plans or requirements should address the following at controls which contribute significantly to equipment, and that there were significant a minimum: defense-in-depth or worker safety are deficiencies in the contractor’s compliance (a) Specific design attributes to ensure classified as ‘‘safety-significant.’’ However, with these controls. Most important, there effectiveness and reliability; this guidance has been directed primarily at was no program providing for a periodic (b) Specific TSRs and limiting conditions engineered controls and has been largely review to verify that the administrative silent with respect to the functional controls associated with B–1 Wing remained of operation; classification of administrative controls. The fully effective. Significantly, many of these (c) Specific training and qualifications to Board has observed a number of instances in administrative controls could be supplanted ensure that the appropriate facility operators, which administrative controls have been by the installation of an engineered control- maintenance and engineering personnel, implemented in situations where a a fire suppression system. These issues were plant management, and other staff properly corresponding engineered feature would communicated to DOE in a letter from the implement each control; warrant functional classification as either Board dated May 13, 2002. (d) Periodic reverification that each control safety-significant or safety-class. A number of 3. At the Savannah River Site, the safety remains effective; and defense nuclear facilities have explicitly analysis for HB-Line Phase 2 operations (e) Root cause and failure analyses, similar characterized certain administrative controls contains requirements for strict control of to those required upon failure of an as either safety-class or safety-significant combustibles in rooms 410N and 410S to engineered system. from a functional classification perspective protect the process tanks in the area. The 2. DOE should ensure that all existing in the context of existing DOE guidance. controls limit the total quantity of administrative controls that serve the In addition to controls involving discrete combustibles to 400 pounds wood equivalent function of a safety-class or safety-significant operator actions, a number of administrative and specify separation distances between control are evaluated against these new controls are more programmatic in nature. combustibles and tank supports. However, Examples of such programmatic controls the transient combustible control procedure requirements and upgraded as necessary and include combustible loading programs did not include this portion of HB-Line, appropriate to meet DOE’s expectations. (associated with fire protection programs), indicating that this administrative control John T. Conway, operator training programs, and inservice was not complete. Further, a review by Chairman.
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Appendix—Transmittal Letter to the Chairman. Dated: December 16, 2002. Secretary of Energy [FR Doc. 02–32033 Filed 12–19–02; 8:45 am] John D. Tressler, Leader, Regulatory Management Group, Defense Nuclear Facilities Safety Board BILLING CODE 3670–01–P December 11, 2002. Office of the Chief Information Officer. The Honorable Spencer Abraham, Federal Student Aid Secretary of Energy, 1000 Independence Avenue, SW., Washington, DC 20585–1000. Type of Review: New. DEPARTMENT OF EDUCATION Title: FSA Students Portal Web site. Dear Secretary Abraham: The prevention Frequency: On occasion, monthly, and mitigation of potential accidents Submission for OMB Review; annually. inherent in the mission activities at defense Comment Request nuclear facilities is a fundamental objective Affected Public: Individuals or household; Federal Government; State, of both the Department of Energy (DOE) and AGENCY: Department of Education. the Defense Nuclear Facilities Safety Board Local, or Tribal Gov’t, SEAs or LEAs. (Board). This objective requires DOE and its SUMMARY: The Leader, Regulatory Reporting and Recordkeeping Hour contractors to identify accident scenarios and Management Group, Office of the Chief Burden: then establish effective and reliable safety Information Officer invites comments Responses: 5,000,000. controls to address them. Engineered controls Burden Hours: 200,000. are preferred over administrative controls on the submission for OMB review as because, in general, engineered controls are required by the Paperwork Reduction Abstract: Federal Student Aid (FSA) considered to be more reliable and effective Act of 1995. of the U.S. Department of Education than administrative controls. However, in seeks to establish a registration system DATES: certain applications, DOE and its contractors Interested persons are invited to within the ‘‘Students Portal’’, an have concluded that discrete operator actions submit comments on or before January Internet Portal Web site (hereafter ‘‘the or administrative controls are required to 21, 2003. Web site’’) The Web site will make the address consequences of accidents that ADDRESSES: Written comments should college application process more would otherwise be unacceptable. efficient, faster, and accurate by making The Board agrees with DOE’s overall be addressed to the Office of guidance for a hierarchy of controls and Information and Regulatory Affairs, it an automated, electronic process that agrees that administrative controls are Attention: Lauren Wittenberg, Desk targets financial aid and college sometimes appropriate to prevent or mitigate Officer, Department of Education, Office applications. The Web site uses some accident consequences—even those that of Management and Budget, 725 17th personal contact information criteria to exceed evaluation guidelines for risk to the Street, NW., Room 10235, New automatically fill out the forms and public. However, the Board has identified a Executive Office Building, Washington, surveys initiated by the user. The Web number of administrative safety controls, site will also provide a database of proposed or in use, at various defense DC 20503 or should be electronically mailed to the Internet address demographic information that will help nuclear facilities that are technically FSA target the distribution of financial inadequate. In many cases, DOE and/or its [email protected]. contractors have asserted that the methods aid materials to specific groups of used to establish these administrative SUPPLEMENTARY INFORMATION: Section students and/or parents. For example, controls comply with existing DOE 3506 of the Paperwork Reduction Act of studies have shown that providing directives. After further analysis, the Board 1995 (44 U.S.C. Chapter 35) requires student financial assistance information has concluded that the DOE directives that the Office of Management and to middle school (or elementary school) system does not contain adequate Budget (OMB) provide interested students and/or their parents requirements for the design, implementation, Federal agencies and the public an early dramatically increases the likelihood and maintenance of important safety-related that those students will attend college. administrative controls to ensure that they opportunity to comment on information will be effective and reliable. collection requests. OMB may amend or The demographic information from the As a result, the Board on December 11, waive the requirement for public Web site will help us to identify 2002, unanimously approved consultation to the extent that public potential customers in the middle Recommendation 2002–3, Requirements for participation in the approval process school age range and is information that the Design, Implementation, and would defeat the purpose of the was previously unavailable to us. Maintenance of Administrative Controls, Written requests for information which is enclosed for your consideration. information collection, violate State or Federal law, or substantially interfere should be addressed to Vivian Reese, After your receipt of this recommendation Department of Education, 400 Maryland and as required by 42 U.S.C. 2286d(a), the with any agency’s ability to perform its Board will promptly make it available to the statutory obligations. The Leader, Avenue, SW., Room 4050, Regional public. The Board believes that the Regulatory Management Group, Office Office Building 3, Washington, DC recommendation contains no information of the Chief Information Officer, 20202–4651 or directed to her e-mail that is classified or otherwise restricted. To publishes that notice containing address [email protected]. Requests the extent this recommendation does not proposed information collection may also be faxed to 202–708–9346. include information restricted by DOE under requests prior to submission of these Please specify the complete title of the the Atomic Energy Act of 1954, 42 U.S.C. information collection when making 2161–68, as amended, please see that it is requests to OMB. Each proposed information collection, grouped by your request. Comments regarding promptly placed on file in your regional burden and/or the collection activity public reading rooms. The Board will also office, contains the following: (1) Type publish this recommendation in the Federal of review requested, e.g. new, revision, requirements should be directed to Register. The Board will evaluate the extension, existing or reinstatement; (2) Joseph Schubart at his e-mail address Department of Energy response to this Title; (3) Summary of the collection; (4) [email protected]. Individuals who recommendation in accordance with Board Description of the need for, and use a telecommunications device for the Policy Statement 1, Criteria for Judging the deaf (TDD) may call the Federal proposed use of, the information; (5) Adequacy of DOE Responses and Information Relay Service (FIRS) at Respondents and frequency of Implementation Plans for Board 1–800–877–8339. Recommendations. collection; and (6) Reporting and/or Sincerely, Recordkeeping burden. OMB invites [FR Doc. 02–32034 Filed 12–19–02; 8:45 am] John T. Conway, public comment. BILLING CODE 4000–01–P
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DEPARTMENT OF EDUCATION Title: Graduate Assistance in Areas of mailed to the internet address National Need (GAANN) Performance [email protected]. Submission for OMB Review; Report. SUPPLEMENTARY INFORMATION: Section Comment Request Frequency: Annually. 3506 of the Paperwork Reduction Act of Affected Public: Not-for-profit 1995 (44 U.S.C. chapter 35) requires that AGENCY: Department of Education. institutions. the Office of Management and Budget SUMMARY: The Leader, Regulatory Reporting and Recordkeeping Hour (OMB) provide interested Federal Management Group, Office of the Chief Burden: agencies and the public an early Information Officer invites comments Responses: 225. opportunity to comment on information on the submission for OMB review as Burden Hours: 2,250. collection requests. OMB may amend or required by the Paperwork Reduction Abstract: GAANN grantees must waive the requirement for public Act of 1995. submit a performance report annually. consultation to the extent that public The reports are used to evaluate grantee DATES: Interested persons are invited to participation in the approval process performance. Further, the data from the would defeat the purpose of the submit comments on or before January reports will be aggregated to evaluate 21, 2003. information collection, violate State or the accomplishments and impact of the Federal law, or substantially interfere ADDRESSES: Written comments should GAANN Program as a whole. Results with any agency’s ability to perform its be addressed to the Office of will be reported to the Secretary in statutory obligations. The Leader, Information and Regulatory Affairs, order to respond to Government Regulatory Management Group, Office Attention: Lauren Wittenberg, Desk Performance and Results Act (GPRA) of the Chief Information Officer, Officer, Department of Education, Office requirements. publishes that notice containing of Management and Budget, 725 17th Written requests for information proposed information collection Street, NW., Room 10235, New should be addressed to Vivian Reese, requests prior to submission of these Executive Office Building, Washington, Department of Education, 400 Maryland requests to OMB. Each proposed DC 20503 or should be electronically Avenue, SW., Room 4050, Regional information collection, grouped by mailed to the internet address Office Building 3, Washington, DC office, contains the following: (1) Type [email protected]. 20202–4651 or directed to her e-mail of review requested, e.g. new, revision, address [email protected]. Requests SUPPLEMENTARY INFORMATION: Section extension, existing or reinstatement; (2) may also be faxed to 202–708–9346. Title; (3) Summary of the collection; (4) 3506 of the Paperwork Reduction Act of Please specify the complete title of the 1995 (44 U.S.C. chapter 35) requires that Description of the need for, and information collection when making proposed use of, the information; (5) the Office of Management and Budget your request. Comments regarding (OMB) provide interested Federal Respondents and frequency of burden and/or the collection activity collection; and (6) Reporting and/or agencies and the public an early requirements should be directed to opportunity to comment on information Recordkeeping burden. OMB invites Joseph Schubart at his e-mail address public comment. collection requests. OMB may amend or [email protected]. Individuals who waive the requirement for public use a telecommunications device for the Dated: December 17, 2002. consultation to the extent that public deaf (TDD) may call the Federal John D. Tressler, participation in the approval process Information Relay Service (FIRS) at 1– Leader, Regulatory Management Group, would defeat the purpose of the 800–877–8339. Office of the Chief Information Officer. information collection, violate State or Federal law, or substantially interfere [FR Doc. 02–32094 Filed 12–19–02; 8:45 am] Office of Elementary and Secondary with any agency’s ability to perform its BILLING CODE 4000–01–P Education statutory obligations. The Leader, Type of Review: Extension. Regulatory Management Group, Office Title: State-Flex Application. DEPARTMENT OF EDUCATION of the Chief Information Officer, Frequency: Semi-annually. publishes that notice containing Affected Public: State, Local, or Tribal Submission for OMB Review; Gov’t, SEAs or LEAs. proposed information collection Comment Request requests prior to submission of these Reporting and Recordkeeping Hour requests to OMB. Each proposed AGENCY: Department of Education. Burden: Responses: 21. information collection, grouped by SUMMARY: The Leader, Regulatory office, contains the following: (1) Type Burden Hours: 13.440. Management Group, Office of the Chief Abstract: Application for State- of review requested, e.g. new, revision, Information Officer invites comments Flexibility Authority (‘‘State-Flex’’). By extension, existing or reinstatement; (2) on the submission for OMB review as statute, the Department can grant State- Title; (3) Summary of the collection; (4) required by the Paperwork Reduction Flex to up to seven state educational Description of the need for, and Act of 1995. agencies (SEAs) through a competitive proposed use of, the information; (5) DATES: Interested persons are invited to process. State-Flex SEAs receive (1) the Respondents and frequency of submit comments on or before January flexibility to consolidate certain Federal collection; and (6) Reporting and/or 21, 2003. formula funds reserved for State Recordkeeping burden. OMB invites ADDRESSES: Written comments should administration and State-level activities public comment. be addressed to the Office of for any educational purpose authorized Dated: December 17, 2002. Information and Regulatory Affairs, under the Elementary and Secondary John D. Tressler, Attention: Karen Lee, Desk Officer, Education Act (ESEA) to assist the Leader, Regulatory Management Group, Department of Education, Office of SEAs, and the local educational Office of the Chief Information Officer. Management and Budget, 725 17th agencies (LEAs) with which it enters Office of Postsecondary Education Street, NW., Room 10235, New into performance agreements, in making Executive Office Building, Washington, adequate yearly progress and narrowing Type of Review: Reinstatement. DC 20503 or should be electronically achievement gaps; (2) the authority to
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specify how LEAs in the State use submit comments by mail may address a valuable source of postsecondary Innovative Program funds under Part A them to Jeffrey R. Andrade, Deputy student aid for many students and of Title V; and (3) the authority to, in Assistant Secretary for Policy, Planning parents. The total amount borrowed turn, enter into performance agreements and Innovation, Office of Postsecondary annually, including consolidation loans, with four to ten LEAs in the State (half Education, 1990 K Street, NW., Room under the two major Federal loan of which must be high poverty LEAs), 8046, Washington, DC 20006 programs, the Federal Family Education permitting those LEAs to consolidate ATTENTION: HEA Reauthorization. Loan (FFEL) Program-formerly the certain Federal funds and to use those FOR FURTHER INFORMATION CONTACT: To Guaranteed Student Loan (GSL) funds for any ESEA purpose consistent obtain additional information about the Program—and the William D. Ford with the SEA’s State-Flex plan. The Department’s reauthorization web Federal Direct Loan (Direct Loan) purpose of State-Flex is to assist SEAs interface please call Daniel Pollard or Program, has increased more than 50 and LEAs in those states to meet the Jean-Didier Gaina at (202) 502–7575. percent, from $36 billion in fiscal year State’s definition of adequate yearly If you use a telecommunication 1998 to an estimated $55 billion in progress (AYP) and narrowing device for the deaf (TDD), you may call fiscal year 2002. achievement gaps. the Federal Information Relay Service Funding has also increased Written requests for information (FIRS) at 1–800–877–8339. significantly for programs that aim to should be addressed to Vivian Reese, Individuals with Disabilities may expand access and encourage first- Department of Education, 400 Maryland obtain this document in an alternative generation, low-income, college Avenue, SW., Room 4050, Regional format (e.g., Braille, large print, students to attend and complete college. Office Building 3, Washington, DC audiotape, or computer diskette) on In fiscal year 2002, the Federal TRIO 20202–4651 or directed to her e-mail request to the person listed under programs were funded at $803 million, address [email protected]. Requests ADDRESSES. an increase of 52 percent from 1998. may also be faxed to 202–708–9346. These programs serve more than Please specify the complete title of the SUPPLEMENTARY INFORMATION: As we 850,000 at-risk students by providing information collection when making begin to consider proposals to outreach and support services, as well your request. Comments regarding reauthorize the HEA, we look to ensure as information about postsecondary burden and/or the collection activity that the significant amounts of funding opportunities. Gaining Early Awareness requirements should be directed to for the programs authorized in the HEA and Readiness for Undergraduate Kathy Axt at her e-mail address are wisely spent. We also look to build Programs (GEAR UP) has grown [email protected]. Individuals who use upon successful program results in significantly since its inception in 1998 a telecommunications device for the providing access to students and and in fiscal year 2002 was funded at deaf (TDD) may call the Federal improving the quality of postsecondary $285 million and serves 1.2 million Information Relay Service (FIRS) at 1– education. students. Taken together, these 800–877–8339. Background programs represent more than $1 billion [FR Doc. 02–32095 Filed 12–19–02; 8:45 am] each year in annual funding and Since the last reauthorization of the BILLING CODE 4000–01–P provide services to 2.1 million students HEA in 1998, funding for the programs from low-income families to help them authorized under the HEA has increased enter and complete postsecondary DEPARTMENT OF EDUCATION significantly. Notably, the amount of education. Federal student aid available has been Funding for programs authorized by Reauthorization of the Higher increased by $23 billion between 1998 Title III of the HEA that strengthen the Education Act; Notice of Request to and 2002. The fiscal year 2002 quality of institutions that serve large Obtain Public Comments Related to appropriations bill signed by President numbers of disadvantaged and minority the Reauthorization of the Higher Bush on January 10, 2002, increased the students has also been increased since Education Act Federal student aid available to students 1998. Specifically, funding for through the grant, loan, and work-study Historically Black Colleges and SUMMARY: The Secretary of Education programs authorized by the HEA to a (Secretary) is soliciting comments and Universities (HBCUs) and Historically record $69 billion for an estimated 8.1 Black Graduate Institutions (HBGIs) has recommendations from interested million students. The President’s fiscal parties on proposals for amending and increased by 74 percent and 96 percent, year 2003 budget request would provide extending the Higher Education Act respectively. Funding has also been Federal student aid to an additional (HEA). To facilitate the receipt of these increased for the Strengthening 340,000 students. Institutions program to improve the comments, the Department has Many of these increases have been established a web site from which users academic quality, institutional directed to those HEA programs that can transmit their comments, management, and fiscal stability of a serve the neediest students. For suggestions and ideas to the wide range of postsecondary institutions example, the Pell Grant maximum was Department. that serve large numbers of financially increased from $3,000 in 1998 to $4,000 needy students by 33 percent. DATES: We request your comments on or in 2002, and funding for the Pell Grant Funding for the Hispanic-serving before February 28, 2003. If possible, we program has increased from $7.3 billion Institutions (HSIs) program authorized will consider comments received after in 1998 to $10.3 billion in 2002. The by Title V of the HEA has increased by that date. amount appropriated for the Work- $75 million—a six-fold increase. This ADDRESSES: Comments concerning the Study program increased 22 percent program provides significant support to reauthorization of the HEA should be from 1998 to 2002 to more than $1 expand and enhance the academic transmitted via the Internet: http:// billion. quality, institutional management, fiscal www.ed.gov/offices/OPE/ The period since the last stability, and self-sufficiency of the reauthorization. The Secretary reauthorization of the HEA has been a colleges and universities that enroll encourages interested persons to take period of constant change and rapid large percentages of Hispanic students. advantage of this user-friendly web growth for the Federal student loan The emerging importance of interface. Interested persons wishing to programs. Education loans have become American higher education in the
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international arena has also been Strengthen HBCUs, HSIs, and Tribal • Improve the quality of teacher reflected in the amount of funding for Colleges and Universities (TCUs) preparation programs. programs in this area. Appropriations • Offer technical assistance for Leverage the Contributions of for international education and foreign planning, implementation, and Community- and Faith-Based language studies have increased 63 evaluation. Organizations To Increase the percent from 1998 to 2002. • Assist in promoting the technology Effectiveness of Department Programs Many of the programs authorized infrastructure of institutions serving • Provide technical assistance and under the HEA work well and provide low-income and minority students. outreach. a strong foundation of support for • Collaborate with HBCUs, HSIs, and • Remove regulatory barriers to the higher education. Some need to be made TCUs on K–12 improvement efforts. more effective in achieving better full participation of faith-based results. As part of reauthorization, we Develop and Maintain Financial organizations. will consider how to make the HEA Integrity and Management and Internal • Implement novice applicant programs work better and complement Controls procedures. • Eliminate statutory barriers to full the President’s efforts to ensure that all • Increase the use of performance- participation of faith-based Federal programs focus on stronger based contracting. accountability for results. organizations. Manage Information Technology Questions for Public Comment Goals and Objectives for HEA Resources Using Electronic Reauthorization Communication and Record Storage, to We are seeking comments and The Department’s goal is to develop Improve Services for our Customers and recommendations on the issues and proposals that will best use the Partners ideas presented here, as well as the significant levels of funding for the HEA • following questions, as we begin to Encourage customers to conduct consider proposals for the programs, build upon the successful business with the Department on-line. results in those programs, improve the reauthorization of the HEA. quality of and access to postsecondary Modernize the Federal Student Aid a. How can we improve access and education, promote greater emphasis on Programs and Reduce Their High-Risk promote additional educational achieving results, improve student Status opportunity for all students, especially students with disabilities, within the achievement, and ensure accountability • Create a more efficient Federal framework of the HEA? How can the for taxpayer funds. student aid delivery system. Federal Government encourage greater The Secretary has already established • Improve program monitoring. several goals and objectives in the persistence and completion of students Department’s strategic plan that relate Achieve Budget and Performance enrolled in postsecondary education? directly to the programs authorized Integration to Link Funding Decisions to b. How can existing HEA programs be under the HEA: Results changed and made to work more • Document program effectiveness. efficiently and effectively? In what ways Enhance the Quality of and Access to do they need to be adapted or modified Postsecondary and Adult Education In addition, the Department also plans to apply its Department-wide objectives to respond to changes in postsecondary • Reduce the gaps in college access to programs authorized under the HEA: education that have occurred since and completion among student 1998? populations differing by race/ethnicity, Link Federal Education Funding to c. How can the HEA programs be socioeconomic status, and disability Accountability for Results changed to eliminate any unnecessary while increasing the educational • Create performance-based grants. burdens on students, institutions, or the attainment of all. Federal Government, yet maintain • Enhance efforts to prepare low- Increase Flexibility and Local Control accountability of Federal funds? How income and minority youth for college. • Increase flexibility for grantees and can program requirements be simplified, • Increase public communication recipients within Federal Programs particularly for students? about postsecondary options. d. How can we best prioritize the use • Improve student support services. Increase Information and Options for of funds provided for postsecondary • Highlight effective strategies for Parents education and the benefits provided nontraditional students. • Expand choice in Federal programs. under the HEA programs? How can the • Provide support to students with significant levels of Federal funding Encourage the Use of Scientifically disabilities. already provided for the HEA programs Based Methods Within Federal best help to further the goals of Strengthen Accountability of Education Programs improving educational quality, Postsecondary Institutions • Revise grant applications to reflect expanding access, and ensuring • Refine the teacher quality scientifically based research. affordability? accountability system mandated by Title • Work with the Congress to embed e. Are there innovative and creative II of the HEA. scientifically based research in all ways the Federal Government can • Create a reporting system on Federal programs. integrate tax credits, deductions, and retention and completion that is useful tax-free savings incentives with the for State accountability systems. Improve the Performance of All High Federal student aid programs in the School Students HEA to improve access to and choice in Establish Effective Funding Mechanisms • Increase learning options for postsecondary education? for Postsecondary Education students. f. What results should be measured in • Investigate postsecondary funding each HEA program to determine the strategies. Improve Teacher and Principal Quality effectiveness of that program? • Improve the efficiency of the • Reduce barriers to teaching for g. Are there other ideas or initiatives Federal student aid process. highly qualified individuals. that should be considered during
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reauthorization that would improve the (10 CFR part 1021), DOE announces its cooperating agencies in preparing this framework in which the Federal intent to prepare an Environmental EIS. Government promotes access to Impact Statement (EIS) to assess the DATES: The public scoping period starts postsecondary education and ensures potential environmental impacts of with the publication of this Notice in accountability of taxpayer funds? actions that would remediate the Federal Register and will continue contaminated soils, tailings, and ground Invitation To Comment until February 14, 2003. DOE will water at the Moab Uranium Mill consider all comments received or Interested persons are invited to Tailings Site (Moab Project Site), Grand submit comments and recommendations postmarked by that date in defining the County, Utah, and contaminated soils in scope of this EIS. Comments received or regarding the reauthorization of the adjacent public and private properties Higher Education Act. All comments postmarked after that date will be (vicinity properties) near the Moab considered to the extent practicable. submitted in response to this notice will Project Site. The Moab Project Site is a be available for public inspection, Public scoping meetings will provide former uranium-ore processing facility. the public with an opportunity to during and after the comment period at In October 2000, the Floyd D. Spence 1990 K Street, NW., 8th floor, present comments, ask questions, and National Defense Authorization Act for discuss concerns regarding the EIS with Washington, DC, between the hours of Fiscal Year (FY) 2001 gave DOE 9 a.m. and 4 p.m., Monday through DOE officials. The locations, dates, and responsibility for remediation of the times for the public scoping meetings Friday of each week except Federal Moab Project Site. The Act also holidays. are as follows: mandated that the Moab Project Site be 1. January 21, 2003, Green River, Electronic Access to This Document remediated in accordance with Title I of Utah—City Hall, 240 East Main Street, the Uranium Mill Tailings Radiation 6 p.m. to 10 p.m. You may view this document, as well Control Act of 1978, as amended as all other Department of Education 2. January 22, 2003, Moab, Utah— (UMTRCA) (42 U.S.C. 7901 et seq.). Moab Valley Inn, 711 South Main documents published in the Federal UMTRCA includes vicinity properties Register, in text or Adobe Portable Street, 6 p.m. to 10 p.m. as part of the project site. As part of the 3. January 23, 2003 Meetings Document Format (PDF) on the Internet evaluation of reasonable alternatives, at the following site: http://www.ed.gov/ a. White Mesa, Utah—White Mesa Ute DOE will consider both on-site and off- Tribal Meeting, White Mesa Ute legislation/FedRegister. site remediation and disposal of tailings To use PDF you must have Adobe Recreation Center, 9 a.m. to 11 a.m. and contaminated soils. Off-site Acrobat Reader, which is available free b. Blanding, Utah—Navajo Nation disposal alternatives currently include at this site. If you have questions about Meeting, College of Eastern Utah Arts four sites in Utah: Klondike Flats, near using PDF, call the U.S. Government and Events Center, 639 W 100 South, 2 Moab; Crescent Junction, near the town Printing Office (GPO), toll free, at 1– p.m. to 4 p.m. of Crescent Junction and about 20 miles 888–293–6498; or in the Washington, c. Blanding Utah—Public Meeting— east of the town of Green River; the DC area at (202) 512–1530. College of Eastern Utah Arts and Events White Mesa Mill near the town of Center, 639 W 100 South, 6 p.m. to 10 Note: The official version of this document Blanding; and the East Carbon p.m. is the document published in the Federal Development Corporation (ECDC) site, 4. January 28, 2003, East Carbon—Old Register. Free Internet access to the official near East Carbon. edition of the Federal Register and the Code City Hall, 200 Park Place, 6 p.m. to 10 of Federal Regulations is available on GPO Because some actions that DOE could p.m. Access at: http://www.access.gpo.gov/nara/ select would take place in or near DOE will publish additional notices index.html. wetlands or floodplains located on the of the dates, times, and locations of the Moab Project Site, the EIS will include scoping meetings in local newspapers Dated: December 16, 2002. a floodplain and wetlands assessment and other media in advance of the Sally L. Stroup, and a floodplain statement of findings scheduled meetings. Any necessary Assistant Secretary, Office of Postsecondary in accordance with DOE regulations for changes will be announced in the local Education. compliance with floodplain and media. [FR Doc. 02–32089 Filed 12–19–02; 8:45 am] wetlands environmental review ADDRESSES: Written comments or BILLING CODE 4000–01–P requirements (10 CFR part 1022). suggestions concerning the scope of the Additionally, because of a potential that EIS, requests for more information on current contamination could be the EIS and the public scoping process, DEPARTMENT OF ENERGY impacting critical habitat for threatened and requests to participate as a and endangered fish, or that cooperating agency should be directed Notice of Intent To Prepare an remediation measures could result in to Mr. Joel Berwick, Moab Project Environmental Impact Statement and such impacts, a biological assessment Manager, U.S. Department of Energy To Conduct Public Scoping Meetings, under the U.S. Fish and Wildlife’s Grand Junction Office, 2597 B 3⁄4 Road, and Notice of Floodplain and Wetlands implementing procedures for the Grand Junction, Colorado 81503; Involvement for Remediation of the Endangered Species Act (50 CFR part facsimile: (970) 248–6023. Moab Uranium Mill Tailings Site in 402) will be prepared. In addition to providing comments at Grand County, UT DOE invites Indian Tribes, the public scoping meetings, interested AGENCY: Department of Energy. individuals, organizations, and agencies parties are invited to record their ACTION: Notice of intent to prepare an to present oral or written comments comments, ask questions concerning the environmental impact statement and to concerning the scope of the EIS, and the EIS, or request to be placed on the EIS conduct public scoping meetings. floodplain, wetlands, and biological mailing list or document distribution assessment(s). DOE also invites Indian list by leaving a message on the toll-free SUMMARY: Pursuant to the National Tribes and federal, state, and local EIS Hotline 1–800–637–4575, or e-mail Environmental Policy Act of 1969 governmental agencies and at [email protected]. The (NEPA) and the Department of Energy organizations with jurisdiction by law hotline will have instructions on how to (DOE) NEPA Implementing Procedures or special expertise to participate as record comments and requests.
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FOR FURTHER INFORMATION CONTACT: For Trustee of the Moab Mill Reclamation by uranium milling operations. Ground information on the Moab EIS, please Trust and licensee for the Site. In 1999, water in the alluvium consists of a contact: Mr. Joel Berwick, Moab Project prior to the transfer of the Site to DOE, relatively thin zone of fresh water Manager, U.S. Department of Energy, NRC completed the Final overlying a thicker brine zone. Grand Junction Office, 2597 B 3⁄4 Road, Environmental Impact Statement (FEIS) Preliminary investigations indicate that Grand Junction, Colorado 81503; Phone: Related to Reclamation of the Uranium the major constituents of potential (970) 248–6020. For general information Mill Tailings at the Atlas Site, Moab, concern may be ammonia, arsenic, regarding the DOE NEPA process please Utah (NUREG–1531), which focused on manganese, molybdenum, nitrate, contact: Ms. Carol Borgstrom, Director, surface remediation and cap-in-place. selenium, sulfate, and uranium. Office of NEPA Policy and Compliance DOE will use information from the NRC Although final decisions for site and (EH–42), U.S. Department of Energy, EIS as appropriate in preparing this EIS. ground water remediation will not be 1000 Independence Avenue, SW., In October 2000, Congress passed the made before the record of decision Washington, DC 20585; Phone: (202) Floyd D. Spence National Defense (ROD) that will consider the analyses 586–4600, or leave a message at 1–800– Authorization Act for FY 2001 that provided in this EIS and other factors, 472–2756; NEPA Web site: http:// authorized transfer of the title and and our subsequent proposals to tis.eh.doe.gov/nepa/. Additional responsibility for cleanup of the site to Congress for implementing funding, information about the Moab Project can DOE and required that the Moab Project DOE will be implementing actions such be found at http://www.gjo.doe.gov/ Site undergo remediation in accordance as ground water restoration in the moab/moab.html. with Title I of UMTRCA. The Act interim to mitigate the impacts of directed that the National Academy of ground water contamination. SUPPLEMENTARY INFORMATION: Sciences (NAS) provide assistance to The Colorado River adjacent to the Background and Need for Agency DOE in evaluating costs, benefits, and site has also been negatively affected Action risks associated with remediation from site-related contamination, mostly alternatives. DOE completed a due to ground water discharge. The The Moab Project Site is located about preliminary draft Plan for Remediation primary site-related contaminant in 3 miles northwest of the City of Moab that evaluated cap-in place and a surface water is ammonia, which in Grand County, Utah, and lies on the generic off-site relocation alternative. potentially affects endangered fish west bank of the Colorado River at the The preliminary draft Plan identified species in the river. Concentrations of confluence with Moab Wash. The site several areas where the existing other constituents, particularly uranium encompasses approximately 400 acres; a technical data were not conclusive, and manganese, are also elevated in 130-acre uranium mill tailings pile summarized existing information about surface water samples. occupies much of the western portion of the two alternatives, and was submitted Based on experience at other uranium the site. The Moab Project Site is to the NAS on October 30, 2001. After milling sites, DOE anticipates that there bordered on the north and southwest by reviewing the preliminary draft Plan, may be contamination in areas adjacent steep sandstone cliffs. The Colorado the NAS provided a list of to the milling site resulting from either River forms the southeastern boundary recommendations on June 11, 2002, for historic off-site usage of the mill tailings of the site. U.S. Highway 191 parallels DOE to consider during its assessment for fill or construction material, wind the northern site boundary, and State of remediation alternatives for the Moab blown transport of tailings from the Highway 279 transects the southwestern Project Site. DOE does not intend to milling site, or from the accumulation of perimeter of the property. Arches finalize a separate Plan for Remediation, residual stock of unprocessed ores or National Park has a common property but instead will incorporate information low-grade materials at off-site locations boundary with the Moab Project Site on from the Plan with the EIS, and will use prior to processing at the mill. Under the north side of U.S. Highway 191, and the EIS process to support its UMTRCA, these off-site properties are the park entrance is located less than 1 decisionmaking for the remediation of referred to as ‘‘vicinity properties,’’ mile northwest of the site. Canyonlands the Moab Site. DOE has incorporated defined to include any properties in the National Park is located about 12 miles the NAS recommendations into its vicinity of the milling site contaminated to the southwest. internal scoping of this EIS and is with residual radioactive materials Originally, the property and facilities committed to addressing the NAS derived from the milling site. UMTRCA were owned by the Uranium Reduction recommendations, in either the EIS or considers vicinity properties part of the Company (URC) and were regulated by supporting documents. milling site for purposes of cleanup. The the U.S. Atomic Energy Commission, a During its years of operation, the mill EIS will address the impacts that would statutory predecessor agency of DOE. In accumulated approximately 11.9 result from the remediation of any 1956, URC began operation of the mill. million tons of uranium mill tailings vicinity properties and include In 1962, the Atlas Minerals Corporation that contain contaminants at levels contaminated materials from vicinity acquired URC and operated the Site as above the Environmental Protection properties in the assessment of both on- the Atlas Mill Site until operations Agency (EPA) standards in 40 CFR part site and off-site disposal alternatives. ceased in 1984. Between 1956 and 1984, 192, ‘‘Health and Environmental uranium mill tailings were disposed of Protection Standards for Uranium and Proposed Action and Alternatives on-site in an unlined impoundment. Thorium Mill Tailings.’’ The tailings are DOE proposes to select remediation Decommissioning of the mill began in located in a 130-acre tailings pile, which alternatives for contaminated surface 1988, and an interim cover was placed averages 94 feet above the Colorado materials (tailings pile, surrounding on the tailings impoundment between River terrace and is located about 750 soils, and vicinity properties) and 1989 and 1995. In 1996, Atlas proposed feet from the Colorado River. Surveys ground water. The range of reasonable to reclaim the tailings pile for indicate that soils outside the pile also surface remediation alternatives permanent disposal in its current contain radiological contaminants at includes both on-site and off-site location. Atlas declared bankruptcy in concentrations above the EPA disposal of the tailings and impacted 1998, and subsequently the U.S. Nuclear standards. soils. As a result, the analyses of ground Regulatory Commission (NRC) Ground water in the shallow alluvium water remediation alternatives in this appointed PricewaterhouseCoopers as at the site has also been contaminated EIS will include site conditions under
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both on-site and off-site surface design would meet the requirements of East Carbon. The estimated total lifetime remediation alternatives. The disposal cells under EPA (40 CFR part disposal capacity of the facility is 300 remediation alternatives being evaluated 92) and NRC (10 CFR part 40, Appendix million cubic yards. The facility is are described below under the No A) standards. operating under a May 1990 Solid Waste Action Alternative, Surface Actions, and Plan (permit) issued by the Utah Bureau Off-Site Disposal Alternatives Ground Water Actions. of Solid and Hazardous Waste, which DOE is considering several off-site No Action Alternative subsequently became the Utah disposal alternatives. For these Department of Environmental Quality. Under the No Action Alternative, alternatives, DOE would remove the Wastes accepted under the permit DOE would not remediate the uranium tailings pile and contaminated soils include household waste, ash from mill tailings, surface soil contamination, from the Moab Project Site and transport Resource Conservation and Recovery vicinity properties, or the contaminated these materials to another location for Act facilities, mining wastes, and ground water. This alternative is disposal. To date, DOE has considered petroleum-contaminated media. As with included to provide a basis for numerous off-site disposal locations and the White Mesa site, permitting and/or comparison to the action alternatives has determined that the range of licensing issues would have to be described above as required by NEPA reasonable sites within the region resolved before the material from the regulations (40 CFR 1502.14(d)). around Moab can be represented by four Moab Project Site could be disposed of sites. The Klondike Flats and Crescent Surface Actions at ECDC. Junction sites represent locations where Both on-site disposal and off-site new disposal cells could be constructed; Off-Site Transportation Modes disposal alternatives will be considered the White Mesa Mill and the ECDC sites Under the off-site disposal for the tailings pile, surrounding soils, represent existing facilities that could alternatives, three transportation modes and vicinity properties. On-site disposal receive these materials. will be evaluated: truck, rail, and slurry would involve depositing contaminated Klondike Flats. Klondike Flats is a pipeline for some or all of the off-site soils on the tailings pile and capping the low-lying plateau about 17 miles north disposal locations. tailings pile in place. The off-site of Moab in Grand County, Utah. The disposal alternatives would remove the Klondike site consists of undeveloped Truck Transport. Truck tractors tailings and contaminated soils and land administered by the Bureau of hauling two bottom-dump trailers dispose of these materials at one of Land Management (BLM) interspersed would likely be used. The trucks would several locations within the region. The with Utah State Lands. The eastern use U.S. Highway 191 as the main route following off-site disposal locations, Klondike site boundary is adjacent to to the disposal site alternatives, with described below, will be assessed under U.S. Highway 191 and is north of the some usage of Interstate 70 to reach the the off-site disposal alternatives: privately-owned Canyonlands Field ECDC site and perhaps the Crescent Klondike Flats, Crescent Junction, Airport property. Junction site. Construction of highway White Mesa Mill, and the East Carbon Crescent Junction. The Crescent entrance and exit facilities could be Development Corporation (ECDC) site. Junction site is approximately 28 miles required to safely accommodate the high Under the off-site disposal alternatives, northwest of Moab and 30 miles east of volume of traffic currently using this three transportation modes will be Green River, just northeast of Crescent highway. Highway 191 is a main evaluated: truck, rail, and slurry Junction in Grand County, Utah, on the thoroughfare for commercial vehicles pipeline for some or all of the off-site north side of Interstate 70. The site also between Interstate 70 and the disposal locations. consists of undeveloped land southwestern United States and receives For all on-site disposal and off-site administered by the BLM interspersed seasonal tourist traffic. The State of disposal alternatives, DOE must with Utah State Lands. Utah is currently in the design phase of demonstrate that the combination of White Mesa Mill. The White Mesa widening the highway to four lanes engineered controls (e.g., cover and Mill is located approximately 85 miles from Moab north to State Highway 313. liner systems), institutional controls, south of the Moab Project Site and 6 Construction for the first phase closest and custodial care performed as part of miles from Blanding in San Juan to Moab is tentatively scheduled for the the Long-Term Surveillance and County, Utah. The mill, which is owned spring of 2003. Maintenance Program under UMTRCA, by the International Uranium Rail Transport. An existing rail line would ensure long-term protection of Corporation, processes uranium-bearing runs from the Moab Project Site north public health and safety and the materials and disposes of them on-site along U. S. Highway 191 and connects environment. in lined ponds. It has been in operation with the main east-west line near since 1980. Although the facility has an Interstate 70. The Klondike Flats, On-Site Disposal Alternative NRC license to receive, process, and Crescent Junction, and ECDC disposal The on-site disposal alternative would permanently dispose of uranium- sites could be accessed from this rail consolidate all contaminated soils and bearing material, it would need a license line; however, the White Mesa Mill site stabilize the 130-acre tailings pile in amendment before it could accept could not, as there is no rail line place in an above-grade disposal cell at material from the Moab Project Site. The extending south from the Moab Project its current location on the Moab Project mill has the potential to process Site. At the Moab Project Site, a railroad Site. A final cover would be designed to materials from the Moab Project Site to spur for loading rail cars would be meet the requirements of EPA’s extract valuable constituents and then constructed parallel with the main rail standards (40 CFR part 192), utilizing dispose of the residues on-site or line. A covered conveyor system would DOE’s experience with other uranium dispose of the materials without be constructed from the tailings pile mill tailings disposal cell covers. Flood processing. north across State Highway 279 to a protection would be constructed along ECDC Site. The ECDC facility is train loading station that would be the base of the pile and cover materials located in East Carbon, Carbon County, constructed on the rail siding. The for radon attenuation and erosion Utah, and is approximately 100 miles extent of additional rail spur and haul protection would be brought to the site northwest of the Moab Project Site. The roads needed would vary among the from suitable borrow areas. The final site is leased by ECDC from the City of disposal sites.
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Slurry Pipeline. This option would reasonable ground water strategies that • Impacts to floodplains and require the construction of a pipeline will be included in the DEIS. wetlands; from the Moab Project Site to a disposal • Impacts to cultural or historic Floodplain and Wetlands Notice site. The tailings would be mixed with resources; water at the Moab Project Site into a The Moab Project Site is located • Socioeconomic impacts; liquid (slurry) state, and pumped to within the 100- and 500-year floodplain • Impacts on air, soil, and water; drying beds at the disposal facility, designations of the Colorado River. A • Noise impacts; • where the slurry mixture would be small section in the southeast section of Visual impacts; • dewatered prior to placement in the the existing tailings pile falls within the Disproportionately high and disposal cell. Reclaimed water would be 100-year floodplain. adverse impacts to minority and low income populations; returned through a second pipeline to U.S. Geological Survey data indicates • the slurry mixing area of the Moab that a 500-year flood would result in a Long-term surveillance and maintenance of the site; Project Site for reuse. water level 8 feet above the base of the • existing tailings pile. The NAS Future land uses; Ground Water Actions • identified severe flooding and changes Impacts from natural disasters such as climate change, flooding, or seismic Identification of the range of in the river’s path as an issue for the on- events; reasonable ground water remediation site disposal alternative. • Impacts to traffic and transportation strategies that would achieve Wetlands may be identified along the systems; compliance with EPA ground water Colorado River, within riparian habitat, • Cumulative impacts. protection standards at the Moab Project along the eastern boundary of the Site for both on-site and off-site disposal existing Site. Floodplain and wetland Cooperating Agencies alternatives will follow the framework designations at alternative sites have not DOE is committed to working defined in the Final Programmatic been completed, but will be evaluated cooperatively with Federal, State, Environmental Impact Statement (PEIS) in the EIS. Tribal, and local governmental agencies for the Uranium Mill Tailings Remedial Executive Orders 11988 and 11990 and organizations to foster a Action Ground Water Project (DOE/EIS– mandate evaluation of Federal actions collaborative approach to making 0198), issued in October 1996, and a in floodplains and wetlands. The orders decisions that affect local communities. Record of Decision, issued April 28, further require Federal agencies to issue In accordance with the Council on 1997 (62 FR 22913–22916). The PEIS regulations that include providing the Environmental Quality’s provisions for framework takes into consideration public an opportunity to review cooperating agencies (40 CFR 1501.6) human health and environmental risk, proposals or plans for actions in and recent guidance, DOE has invited stakeholder input, and cost. In applying floodplains or wetlands. DOE’s six Federal and five state agencies, and the ground water remediation floodplain and wetlands regulations are four Indian Tribes with jurisdiction or framework, DOE assesses ground water codified at 10 CFR part 1022. In expertise to participate as cooperating compliance in a step-by-step approach, compliance with requirements of the agencies in preparing this EIS. The beginning with consideration of a no- Executive Orders and regulations, this White Mesa Ute Tribe has agreed to remediation strategy and proceeding, if notice serves as notification for the participate as a cooperating agency. Any necessary, to consideration of passive public to provide comment on the additional Federal or State agencies, strategies, such as natural flushing with proposed action and its potential to tribes, or units of local government that compliance monitoring and institutional impact floodplains or wetlands. A desire to be designated as a cooperating controls, and finally to consideration of separate notice will not be published in agency should contact Mr. Berwick at more complex, active ground water the Federal Register. Assessment of the address listed above by February 14, remediation methods, or a combination potential impacts to floodplain and 2003. of strategies, if needed. This process has wetlands will be included in the draft been used to support ground water EIS, and a floodplain statement of Scoping Process remediation decisionmaking at 21 other findings will be included in the final The public scoping process is an UMTRCA Title 1 uranium mill tailings EIS. opportunity for the public to assist DOE sites. Identification of Environmental Issues in determining the alternatives and For the Moab Project Site, the process issues for analysis. The scoping defined by the PEIS has begun, but is A primary purpose of this notice is to meetings will use a format to facilitate not yet complete. Therefore, the specific solicit comments and suggestions for dialogue between DOE and the public ground water remediation strategies to consideration in the preparation of the and will be an opportunity for be assessed in this EIS have not yet been EIS. As background for public comment, individuals to provide written or oral identified. Based on currently available this notice contains a list of potential statements. DOE welcomes specific characterization information, it appears environmental issues that DOE has comments or suggestions on the content likely that the remediation strategies tentatively identified for analysis. This of these alternatives or on other may be specific to individual list is not intended to be all-inclusive or alternatives that could be considered. contaminants. For example, some to imply any predetermination of The above list of issues to be considered contaminants may require no impacts. Following is a preliminary list in the EIS analysis is tentative and is remediation to meet EPA’s standards, of issues that may be analyzed in the intended to facilitate public comment and other contaminants may require EIS: on the scope of this EIS. Again, it is not natural flushing and/or active ground • Ground water contamination intended to be all-inclusive, nor does it water remediation to meet the mitigation and prevention; imply any predetermination of potential standards. DOE will continue to • Impacts to human health and safety; impacts. The EIS will analyze the evaluate ground water characterization • Impacts to protected, threatened, potential environmental impacts of the information for the on-site, off-site and endangered, or sensitive species of alternatives, by using available data no action alternatives, and apply the animals or plants, or their critical where possible, and by obtaining PEIS framework to identify the range of habitats; additional data where necessary. Copies
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of written comments and transcripts of Purpose of the Board: The purpose of that public notice of these meetings be oral comments will be available at the the Board is to make recommendations announced in the Federal Register. following locations: Grand County to DOE and its regulators in the areas of DATES: Wednesday, January 8, 2003, 6 Library, 25 South 100 East, Moab, UT environmental restoration, waste p.m.–8:30 p.m. 84532 (Phone: (435) 259–5421) and DOE management, and related activities. Grand Junction Office, Technical Tentative Agenda: ADDRESSES: Grant Sawyer State Office Library, 2597 B 3⁄4 Road, Grand • The meeting will focus on Building, 555 East Washington Avenue, Junction, CO 81503 (Phone: (970) 248– transuranic wastes at the Oak Ridge Las Vegas, Nevada. 6089): Reservation. Gary Riner, DOE–OR, will FOR FURTHER INFORMATION CONTACT: Draft EIS Schedule and Availability discuss these wastes as a primer for the Kevin Rohrer, U.S. Department of Board and public prior to the EM SSAB The DEIS is scheduled to be issued in Energy, Office of Environmental Workshop on Transuranic Waste Management, P.O. Box 98518, Las January 2004, at which time its Management at the Waste Isolation Pilot availability will be announced in the Vegas, Nevada 89193–8513, phone: Plant, to be held January 31–Feb 1, 702–295–0197, fax: 702–295–5300. Federal Register and local media, and 2003. public comments will again be solicited. Public Participation: The meeting is SUPPLEMENTARY INFORMATION: People who do not wish to submit open to the public. Written statements Purpose of the Board: The purpose of comments or suggestions at this time, may be filed with the Committee either the Advisory Board is to make but who would like to receive a copy of before or after the meeting. Individuals recommendations to DOE and its the DEIS for review and comment when who wish to make oral statements regulators in the areas of environmental it is issued, should notify Mr. Berwick pertaining to agenda items should restoration, waste management, and at the address, phone numbers, or e- contact Pat Halsey at the address or related activities. mail address listed above. The DEIS will telephone number listed above. Tentative Agenda: also be made available in the reading Requests must be received five days rooms listed above, on the project Web prior to the meeting and reasonable • Discussion on transuranic waste page at http://www.gjo.doe.gov/moab/ provision will be made to include the shipments to the WIPP. moab.html, and on the DOE NEPA Web presentation in the agenda. The Deputy • Discuss Environmental site at http://tis.eh.doe.gov/nepa/. Designated Federal Officer is Management issues. Issued in Washington, DC this 16th day of empowered to conduct the meeting in a Copies of the final agenda will be December, 2002. fashion that will facilitate the orderly available at the meeting. Beverly A. Cook, conduct of business. Each individual Assistant Secretary, Environment, Safety and wishing to make public comment will Public Participation: The meeting is Health. be provided a maximum of five minutes open to the public. Written statements [FR Doc. 02–32126 Filed 12–19–02; 8:45 am] to present their comments. may be filed with the Committee either before or after the meeting. Individuals BILLING CODE 6450–01–P Minutes: Minutes of this meeting will be available for public review and who wish to make oral statements copying at the Department of Energy’s pertaining to agenda items should DEPARTMENT OF ENERGY Information Center at 475 Oak Ridge contact Kevin Rohrer, at the telephone Turnpike, Oak Ridge, TN between 8 number listed above. Requests must be Environmental Management Site- a.m. and 5 p.m. Monday through Friday, received five days prior to the meeting Specific Advisory Board, Oak Ridge or by writing to Pat Halsey, Department and reasonable provision will be made Reservation of Energy Oak Ridge Operations Office, to include the presentation in the P.O. Box 2001, EM–90, Oak Ridge, TN agenda. The Deputy Designated Federal AGENCY: Department of Energy. 37831, or by calling her at (865) 576– Officer is empowered to conduct the ACTION: Notice of open meeting. 4025. meeting in a fashion that will facilitate the orderly conduct of business. Each SUMMARY: This notice announces a Issued in Washington, DC on December 16, individual wishing to make public 2002. meeting of the Environmental comment will be provided a maximum Management Site-Specific Advisory Belinda G. Hood, of five minutes to present their Board (EM SSAB), Oak Ridge. The Acting Deputy Advisory Committee comments. Federal Advisory Committee Act (Pub. Management Officer. [FR Doc. 02–32064 Filed 12–19–02; 8:45 am] Minutes: The minutes of this meeting L. No. 92–463, 86 Stat. 770) requires will be available for public review and BILLING CODE 6450–01–P that public notice of these meeting be copying at the Freedom of Information announced in the Federal Register. Public Reading Room, 1E–190, Forrestal DATES: Wednesday, January 8, 2003, 6 DEPARTMENT OF ENERGY Building, 1000 Independence Avenue, p.m.–9:30 p.m. SW., Washington, DC 20585 between 9 ADDRESSES: DOE Information Center, Environmental Management Site- a.m. and 4 p.m., Monday–Friday, except 475 Oak Ridge Turnpike, Oak Ridge, Specific Advisory Board, Nevada Federal holidays. Minutes will also be TN. available by writing to Kevin Rohrer at AGENCY: Department of Energy. the address listed above. FOR FURTHER INFORMATION CONTACT: Pat ACTION: Notice of open meeting. Halsey, Federal Coordinator, Issued in Washington, DC on December 16, 2002. Department of Energy Oak Ridge SUMMARY: This notice announces a Operations Office, P.O. Box 2001, EM– meeting of the Environmental Belinda G. Hood, 90, Oak Ridge, TN 37831. Phone (865) Management Site-Specific Advisory Acting Deputy Advisory Committee 576–4025; Fax (865) 576–5333 or e-mail: Board (EM SSAB), Nevada Test Site. Management Officer. [email protected]. The Federal Advisory Committee Act [FR Doc. 02–32065 Filed 12–19–02; 8:45 am] SUPPLEMENTARY INFORMATION: (Pub. L. 92–463, 86 Stat. 770) requires BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY 4:30 p.m., Monday–Friday, except 11–11:45 a.m.: Nuclear Materials Committee Federal holidays. Minutes will also be Report Environmental Management Site- made available by writing or calling Deb 11:45–12 a.m.: Public Comments Specific Advisory Board, Rocky Flats French at the address or telephone 12 noon: Lunch Break 1–1:30 p.m.: Environmental Restoration number listed above. Board meeting AGENCY: Department of Energy. Committee minutes are posted on RFCAB’s Website ACTION: Notice of open meeting. 1:30–2:30 p.m.: Waste Management within one month following each Committee Report SUMMARY: This notice announces a meeting at: http://www.rfcab.org/ 2:30–2:45 p.m.: Strategic Initiatives meeting of the Environmental Minutes.HTML. Committee 2:45–3:45 p.m.: Administrative Committee Management Site-Specific Advisory Issued in Washington, DC on December 17, 2002. Report; 2003 Committee Chair and Board (EM SSAB), Rocky Flats. The Membership Elections Federal Advisory Committee Act (Pub. Rachel M. Samuel, 3:45–4 p.m.: Public Comments L. 92–463, 86 Stat. 770) requires that Deputy Advisory Committee Management 4 p.m.: Adjourn public notice of these meeting be Officer. announced in the Federal Register. [FR Doc. 02–32066 Filed 12–19–02; 8:45 am] If needed, time will be allotted after public comments for items added to the DATES: Thursday, January 9, 2003, 6 BILLING CODE 6450–01–P agenda, and administrative details. A p.m. to 9:30 p.m. final agenda will be available at the ADDRESSES: Jefferson County Airport, DEPARTMENT OF ENERGY meeting Monday, January 13, 2003. Terminal Building, Mount Evans Room, Public Participation: The meeting is 11755 Airport Way, Broomfield, CO. Environmental Management Site- open to the public. Written statements FOR FURTHER INFORMATION CONTACT: Ken Specific Advisory Board, Savannah may be filed with the Board either Korkia, Board/Staff Coordinator, Rocky River before or after the meeting. Individuals Flats Citizens Advisory Board, 9035 AGENCY: Department of Energy. who wish to make the oral statements North Wadsworth Parkway, Suite 2250, ACTION: Notice of open meeting. pertaining to agenda items should Westminster, CO 80021; telephone (303) contact Gerri Flemming’s office at the 420–7855; fax (303) 420–7579. SUMMARY: This notice announces a address or telephone listed above. SUPPLEMENTARY INFORMATION: meeting of the Environmental Requests must be received five days Purpose of the Board: The purpose of Management Site-Specific Advisory prior to the meeting and reasonable the Board is to make recommendations Board (EM SSAB), Savannah River. The provision will be made to include the to DOE and its regulators in the areas of Federal Advisory Committee Act (Pub. presentation in the agenda. The Deputy environmental restoration, waste L. 92–463, 86 Stat. 770) requires that Designated Federal Officer is management, and related activities. public notice of these meetings be empowered to conduct the meeting in a Tentative Agenda: announced in the Federal Register. fashion that will facilitate the orderly 1. Update on Rocky Flats site closure DATES: Monday, January 13, 2003, 1 conduct of business. Each individual progress. p.m.–6:30 p.m., and Tuesday, January wishing to make public comment will 2. Review and finalize draft end-state 14, 2003, 8:30 a.m.–4 p.m. be provided equal time to present their recommendation language. ADDRESSES: Hilton Oceanfront comments. 3. Other Board business may be HotellPalmetto Dunes, 23 Ocean Lane, Minutes: The minutes of this meeting conducted as necessary. Hilton Head Island, SC 29928. will be available for public review and Public Participation: The meeting is FOR FURTHER INFORMATION CONTACT: copying at the Freedom of Information open to the public. Written statements Gerri Flemming, Science Technology & Public Reading Room, 1E–190, Forrestal may be filed with the Board either Management Division, Department of Building, 1000 Independence Avenue, before or after the meeting. Individuals Energy Savannah River Operations SW., Washington, DC 20585 between 9 who wish to make oral statements Office, P.O. Box A, Aiken, SC 29802; a.m. and 4 p.m., Monday through pertaining to agenda items should phone: (803) 725–5374. Friday, except Federal holidays. contact Ken Korkia at the address or SUPPLEMENTARY INFORMATION: Minutes will also be available by telephone number listed above. Purpose of the Board: The purpose of the Board is writing to Gerri Fleming, Department of Requests must be received at least five Energy, Savannah River Operations days prior to the meeting and reasonable to make recommendations to DOE and its regulators in the areas of Office, P.O. Box A, Aiken, SC 29802, or provisions will be made to include the by calling her at (803) 725–5374. presentation in the agenda. The Deputy environmental restoration, waste management, and related activities. Issued in Washington, DC on December 17, Designated Federal Officer is 2002. empowered to conduct the meeting in a Tentative Agenda Rachel M. Samuel, fashion that will facilitate the orderly Monday, January 13, 2003 conduct of business. Each individual Deputy Advisory Committee Management 1 p.m.: 2003 Work Plan Session Officer. wishing to make public comment will 5:30 p.m.: Executive Committee [FR Doc. 02–32067 Filed 12–19–02; 8:45 am] be provided a maximum of five minutes 6 p.m.: Public Comment Session BILLING CODE 6450–01–P to present their comments. 6:30 p.m.: Adjourn Minutes: The minutes of this meeting will be available for public review and Tuesday, January 14, 2003 DEPARTMENT OF ENERGY copying at the Public Reading Room 8:30–9:30 a.m.: Approval of Minutes; Agency Updates; Recognition for Outgoing Board located at the Office of the Rocky Flats Environmental Management Site- Citizens Advisory Board, 9035 North Members; Public Comment Session; Facilitator Update Specific Advisory Board, Paducah Wadsworth Parkway, Suite 2250, 9:30–10:30 a.m.: Nuclear Materials Westminster, CO 80021; telephone (303) Committee Report AGENCY: Department of Energy (DOE). 420–7855. Hours of operations for the 10:30–11:45 a.m.: Long-Term Stewardship ACTION: Notice of open meeting. Public Reading Room are 8:30 a.m. to Committee Report
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SUMMARY: This notice announces a The Deputy Designated Federal Officer environmental restoration, waste meeting of the Environmental is empowered to conduct the meeting in management, and related activities. Management Site-Specific Advisory a fashion that will facilitate the orderly Tentative Agenda Board (EM SSAB), Paducah. The conduct of business. Each individual Federal Advisory Committee Act (Pub. wishing to make public comment will Friday, January 31, 2003 L. 92–463, 86 Stat. 770) requires that be provided a maximum of five minutes 7–8 a.m.: Registration public notice of these meetings be to present their comments as the first 8–8:30 a.m.: Welcome and Introductions, Jim announced in the Federal Register. item of the meeting agenda. Brannon, NNMCAB Chair; Mayor, City of Carlsbad, U.S. DOE Designee, Martha DATES: Thursday, January 16, 2003, 5:30 Minutes: The minutes of this meeting Crosland, Designated Federal Officer, Dr. p.m.–9 p.m. will be available for public review and Ines Triay, Manager, Citizen Board Federal ADDRESSES: 111 Memorial Drive, copying at the Freedom of Information Officer Barkley Centre, Paducah, Kentucky. Public Reading Room, 1E–190, Forrestal 8:30–10 a.m: EM SSAB Transuranic Waste FOR FURTHER INFORMATION CONTACT: W. Building, 1000 Independence Avenue, Management Workshop Introductory Don Seaborg, Deputy Designated SW., Washington, DC 20585 between 9 Presentations Federal Officer, Department of Energy a.m. and 4 p.m., Monday-Friday, except 10–10:15 a.m.: Break Federal holidays. Minutes will also be 10:15–11:30 a.m.: Round Robin Reports from Paducah Site Office, Post Office Box SSAB Chairs on Site-Specific Transuranic 1410, MS–103, Paducah, Kentucky available at the Department of Energy’s Environmental Information Center and Waste Issues and Concerns 42001, (270) 441–6806. 11:30–12:30 p.m.: Plenary Session Discussion Reading Room at 115 Memorial Drive, SUPPLEMENTARY INFORMATION: Purpose of of Issues and Identification of Core Topics the Board: The purpose of the Board is Barkley Centre, Paducah, Kentucky 12:30–1:30 p.m.: Lunch to make recommendations to DOE and between 8 a.m. and 5 p.m. on Monday 1:30–3 p.m.: Core Topic Breakout Sessions its regulators in the areas of thru Friday or by writing to David 3–3:15 p.m.: Break environmental restoration and waste Dollins, Department of Energy Paducah 3:15–4 p.m.: Core Topic Breakout Sessions (continued) management activities. Site Office, Post Office Box 1410, MS– 103, Paducah, Kentucky 42001 or by 4–5 p.m.: Plenary Session: Reports and Draft Tentative Agenda calling him at (270) 441–6819. Recommendations from Breakout Sessions 5–5:30 p.m.: Individual SSAB Discussion of 5:30 p.m.: Informal Discussion Issued in Washington, DC on December 17, Core Topics 6 p.m.: Call to Order; Introductions; Approve 2002. 5:30 p.m: Public Comment November Minutes; Review Agenda; Rachel M. Samuel, Board Retreat Saturday, February 1, 2003 Deputy Advisory Committee Management 6:10 p.m.: DDFO’s Comments 8–8:30 a.m.: Plenary Session: Summary of • Officer. Budget Update Friday Session • ES&H Issues [FR Doc. 02–32068 Filed 12–19–02; 8:45 am] 8:30–10:30 a.m.: Core Topic Breakout • EM Project Updates BILLING CODE 6450–01–P Sessions (continued) • CAB Recommendation Status 10:30–10:45 a.m.: Break • Other Business 10:45–11:45 a.m.: Plenary Session: Breakout 6:30 p.m.: Ex-officio Comments DEPARTMENT OF ENERGY Session Final Papers 6:40 p.m.: Public Comments and Questions 11:45–12:45 p.m: Plenary Session: 6:50 p.m.: Review of Action Items Environmental Management Site- Consideration of Recommendations 7:05 p.m.: Break Specific Advisory Board, Chairs 12:45–1 p.m.: Closing Remarks 7:15 p.m.: Presentation • Meeting 1 p.m.: Public Comment Conflict of Interest 1:15 p.m.: Adjourn 8 p.m.: Public Comments and Questions AGENCY: Department of Energy. 8:10 p.m.: Task Force and Subcommittee Public Participation: The meeting is Reports ACTION: Notice of open meeting. open to the public. Written statements • Water Task Force may be filed with the Committee either • Waste Operations Task Force SUMMARY: This notice announces a before or after the meeting. Individuals • Long Range Strategy/Stewardship meeting of the Environmental • who wish to make oral statements Community Concerns Management Site-Specific Advisory pertaining to agenda items should • Public Involvement/Membership Board (EM SSAB) Workshop. The 8:40 p.m.: Administrative Issues contact Menice Manzanares at the • Federal Advisory Committee Act (Pub. address or telephone number listed Review of Membership Application L. 92–463, 86 Stat. 770) requires that • Review of Work Plan above. Requests must be received five • Review of Next Agenda public notice of these meeting be days prior to the meeting and reasonable • Federal Coordinator Comments announced in the Federal Register. provision will be made to include the • Final Comments DATES: January 31–February 1, 2003. presentation in the agenda. The Deputy 9 p.m.: Adjourn ADDRESSES: Pecos River Village Designated Federal Officer is Copies of the final agenda will be Conference Center, 711 Muscatel Lane, empowered to conduct the meeting in a available at the meeting. Carlsbad, NM. fashion that will facilitate the orderly Public Participation: The meeting is conduct of business. Each individual FOR FURTHER INFORMATION CONTACT: open to the public. Written statements wishing to make public comment will Menice Manzanares, Northern New may be filed with the Committee either be provided a maximum of five minutes Mexico Citizens’ Advisory Board, 1660 before or after the meeting. Individuals to present their comments at the end of Old Pecos Trail, Suite B, Santa Fe, New who wish to make oral statements the meeting. Mexico 87505. Phone (505) 995–0393, pertaining to agenda items should Minutes: Minutes of this meeting will fax:(505) 989–1752 or email: contact David Dollins at the address be available for public review and [email protected]. listed above or by telephone at (270) copying at the Freedom of Information 441–6819. Requests must be received SUPPLEMENTARY INFORMATION: Purpose of Public Reading Room, 1E–190, Forrestal five days prior to the meeting and the Board: The purpose of the Board is Building, 1000 Independence Avenue, reasonable provision will be made to to make recommendations to DOE and SW., Washington, DC 20585 between 9 include the presentation in the agenda. its regulators in the areas of a.m. and 4 p.m., Monday–Friday except
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Federal holidays. Minutes will also be parallel operation of LMEC’s generating for filing revisions to Schedule 6A available by writing or calling Menice facility and the PG&E-owned electric (Black Start Service) of the PJM Open Manzanares at the address or telephone system that is on file with the Access Transmission Tariff to change number listed above. Commission as Service Agreement No. 8 the reference to ‘‘transmission Issued in Washington, DC on December 17, to PG&E Electric Tariff, Sixth Revised customers’’ in paragraph 1 of Schedule 2002. Volume No. 5, and a proposed crediting 6A to ‘‘Transmission Customers and Rachel M. Samuel, mechanism for network upgrades. Network Customers’’ and to change the Deputy Advisory Committee Management Copies of this filing have been served title of paragraph 1 from ‘‘Transmission Officer. upon LMEC, Calpine Corporation, the Customers’’ to ‘‘Transmission [FR Doc. 02–32069 Filed 12–19–02; 8:45 am] California Independent System Operator Customers and Network Customers.’’ Corporation, and the California Public Consistent with the Commission BILLING CODE 6450–01–P Utilities Commission, and the parties to acceptance of Schedule 6A of the PJM this docket. Tariff, PJM requests an effective date of DEPARTMENT OF ENERGY Comment Date: December 30, 2002. December 1, 2002 for the amendments. Copies of this filing were served upon 3. Midwest Independent Transmission all parties designated on the official Federal Energy Regulatory System Operator, Inc. Commission service list in Docket No. ER02–2651– [Docket Nos. ER02–2577–001] 000, all PJM members and each state [Docket No. ER01–3001–004, et al.] Take notice that on December 9, 2002, electric utility regulatory commissions New York Independent System the Midwest Independent Transmission in the PJM region. Operator, Inc., et al.; Electric Rate and System Operator, Inc. (the Midwest ISO) Comment Date: December 30, 2002. Corporate Filings tendered for filing substituted pages to 5. Sierra Pacific Power Company its Open Access Transmission Tariff Nevada Power Company December 12, 2002. (OATT), FERC Electric Tariff, First The following filings have been made Revised Volume No. 1, which reflect [Docket No. ER03–37–001] with the Commission. The filings are that Attachment K (Congestion Relief) Take notice that on December 10, listed in ascending order within each has been deferred indefinitely until the 2002, Sierra Pacific Power Company docket classification. Midwest ISO energy markets are and Nevada Power Company operative in December 2003. The (collectively Applicants) tendered for 1. New York Independent System Midwest ISO submits that upon the filing pursuant to Section 205 of the Operator, Inc. deferral of implementation of Federal Power Act, Section 35 of the [Docket No. ER01–3001–004] Attachment K, the Midwest ISO will Commission’s Regulations, and the Take notice that on December 3, 2002, continue to implement as its congestion Commission’s November 25, 2002 Order the New York Independent System management tool the North American issued in the above-referenced Operator, Inc. (NYISO) submitted a Electric Reliability Council (NERC) proceeding, a compliance filing report on the status of its demand side Transmission Loading Relief (TLR) consisting of clean and redlined management programs and the status of procedures incorporated into the versions of Service Schedules 1–7 of the the addition of new generation Midwest ISO OATT as Attachment Q. Sierra Pacific Resources Operating resources in New York State in The Midwest ISO also seeks waiver of Companies FERC Electric Tariff, Third compliance with the Commission’s the Commission’s regulations, 18 CFR Revised Volume No. 1. These changes previous orders in the above-captioned 385.2010 with respect to service on all implement the requirement in proceeding. The NYISO has served a parties on the official service list in this paragraph 9 of the Commission’s Order copy of this filing upon all parties that proceeding. The Midwest ISO has to make a compliance filing within 15 have executed service agreements under served a copy of this filing days to conform the Service Schedules the NYISO’s Open Access Transmission electronically, with attachments, upon with the requirement of Order No. 614. Tariff and Market Administration and all Midwest ISO Members, Member Comment Date: December 31, 2002. Control Area Services Tariff. representatives of Transmission Owners 6. PJM Interconnection, L.L.C. Comment Date: December 24, 2002. and Non-Transmission Owners, the Midwest ISO Advisory Committee [Docket No. ER03–194–001] 2. Pacific Gas and Electric Company participants, Policy Subcommittee Take notice that on December 10, [Docket Nos.ER02–1330–003] participants, as well as all state 2002 PJM Interconnection, L.L.C. (PJM), Take notice that on December 9, 2002, commissions within the region. In submitted for filing a substitute Pacific Gas and Electric Company addition, the filing has been posted unexecuted interconnection service (PG&E) submitted a compliance filing in electronically on the Midwest ISO’s agreement between PJM and Duke response to FERC’s October 25, 2002 Web site at www.midwestiso.org under Energy Fayette, LLC (Duke Energy) to ‘‘Order Conditionally Accepting, As the heading ‘‘Filings to FERC’’ for other correct an error in the classification of Modified, Crediting Mechanism and interested parties in this matter. The the charges in the interconnection Interconnection Agreements, And Midwest ISO will provide hard copies service agreement originally submitted Ordering Refunds’’, in this docket in the to any interested parties upon request. for filing in this docket. matter of several Agreements filed on Comment Date: December 30, 2002. PJM requests a waiver of the March 18, 2002, including an executed 4. PJM Interconnection, L.L.C. Commission’s 60-day notice Generator Interconnection Agreement requirement to permit the effective date (GIA) replacing an unexecuted [Docket Nos. ER02–2651–001] agreed to by Duke Energy and PJM. placeholder GIA that is part of the Take notice that on December 9, 2002, Copies of this filing were served upon Generator Special Facilities Agreement in compliance with the Commission’s Duke Energy, the state regulatory (GSFA), between PG&E and Los order in PJM Interconnection, L.L.C., commissions within the PJM region, and Medanos Energy Center LLC (LMEC) 101 FERC ¶ 61,192 (2002), PJM the official service list for this providing for Special Facilities and the Interconnection, L.L.C. (PJM) submitted proceeding.
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Comment Date: December 31, 2002. designated on the official service list. SUPPLEMENTARY INFORMATION: EPA has This filing is available for review at the submitted the following ICR to OMB for 7. Golden Spread Electric Cooperative, Commission or may be viewed on the review and approval according to the Inc. Commission’s Web site at http:// procedures prescribed in 5 CFR 1320.10. [Docket No. ER03–255–000] www.ferc.gov , using the ‘‘FERRIS’’ link. On April 16, 2002 (67 FR 18609), and Take notice that on December 9, 2002, Enter the docket number excluding the May 15, 2002 (67 FR 34703), EPA Golden Spread Electric Cooperative, Inc. last three digits in the docket number sought comments in this ICR pursuant (Golden Spread) tendered for filing an filed to access the document. For to 5 CFR 1320.8(d). EPA received a amendment to its First Revised Rate assistance, contact FERC Online number of comments, which are Schedules No. 31 for service to South Support at addressed in the body of and Plains Electric Cooperative, Inc. (South [email protected] or toll- attachments to the ICR. Plains). The amendment provides that free at (866)208–3676, or for TTY, EPA has established a public as of January 1, 2003, South Plains will contact (202)502–8659. Protests and document for this ICR under Docket ID purchase power from Golden Spread on interventions may be filed electronically No. OPPT–2002–0005, which is a full requirements basis. via the Internet in lieu of paper; see 18 available for public viewing at the EPA Golden Spread requests waiver of the CFR 385.2001(a)(1)(iii) and the Public Reading Room, Room B102, EPA Commission’s prior notice regulations instructions on the Commission’s Web West Building, 1301 Constitution such that the amendments may become site under the ‘‘e-Filing’’ link. The Avenue, NW., Washington, DC, from effective on January 1, 2003. A copy of Commission strongly encourages 8:30 a.m. to 4:30 p.m., Monday through this filing has been served upon all of electronic filings. Friday, excluding legal holidays ((202) 566–0280). An electronic version of the Golden Spread’s members and the Linwood A. Watson, Jr., appropriate state commissions. public docket is available through EPA’s Deputy Secretary. Comment Date: December 30, 2002. electronic public docket and comment [FR Doc. 02–32121 Filed 12–19–02; 8:45 am] system, EPA Dockets (EDOCKET) at 8. Virginia Electric and Power BILLING CODE 6717–01–P http://www.epa.gov/edocket. Use Company EDOCKET to submit or view public [Docket No. ER03–257–000] comments, access the index listing of the contents of the public docket, and to Take notice that on December 10, ENVIRONMENTAL PROTECTION AGENCY access those documents in the public 2002, Virginia Electric and Power docket that are available electronically. Company (Dominion Virginia Power or [OPPT–2002–0005; FRL–7425–3] Once in the system, select ‘‘search,’’ Company) respectfully tendered for then key in the docket ID number Agency Information Collection filing an amendment to its Open Access identified above. Transmission Tariff to implement a Rate Activities; Submission of EPA ICR No. Any comments related to this ICR Reciprocity Agreement with PJM 2055.01 to OMB for Review and should be submitted to EPA and OMB Interconnection, LLC (PJM) whereby Approval; Comment Request within 30 days of this notice, and Dominion Virginia Power transmission AGENCY: Environmental Protection according to the following detailed system will be treated as if it were a part Agency (EPA). instructions: (1) Submit your comments of PJM for rate purposes. to EPA online using EDOCKET (our ACTION: Notice. Comment Date: December 31, 2002. preferred method), by e-mail to 9. Calpine Parlin, Inc. SUMMARY: In compliance with the [email protected], or by mail to: Paperwork Reduction Act (44 U.S.C. Document Control Office (DCO), Office [Docket No. ER03–259–000] 3501 et seq.), this document announces of Pollution Prevention and Toxics Take notice that on December 9, 2002, that the following new Information (OPPT), Environmental Protection Calpine Parlin, Inc. filed a Notice of Collection Request (ICR) has been Agency, Mailcode: 7407T, 1200 Succession to adopt CogenAmerica forwarded to the Office of Management Pennsylvania Ave., NW., Washington, Parlin, Inc.’s market-based rate and Budget (OMB) for review and DC 20460, Attention Docket ID No. authorizations. approval: Voluntary Children’s OPPT–2002–0005, and (2) Mail a copy Comment Date: December 30, 2002. Chemical Evaluation Program (VCCEP) of your comments to OMB at: Office of Standard Paragraph (EPA ICR No. 2055.01). The ICR, which Information and Regulatory Affairs, is abstracted below, describes the nature Office of Management and Budget Any person desiring to intervene or to of the information collection and its (OMB), Attention: Desk Officer for EPA, protest this filing should file with the estimated cost and burden. 725 17th Street, NW., Washington, DC Federal Energy Regulatory Commission, 20503. DATES: 888 First Street, NE., Washington, DC Additional comments may be EPA’s policy is that public comments, 20426, in accordance with Rules 211 submitted on or before January 21, 2002. whether submitted electronically or in and 214 of the Commission’s rules of ADDRESSES: Follow the detailed paper, will be made available for public practice and procedure (18 CFR 385.211 instructions in the SUPPLEMENTARY viewing in EDOCKET as EPA receives and 385.214). Protests will be INFORMATION section. them and without change, unless the considered by the Commission in FOR FURTHER INFORMATION CONTACT: comment contains copyrighted material, determining the appropriate action to be Barbara Cunningham, Acting Director, CBI, or other information whose public taken, but will not serve to make Environmental Assistance Division, disclosure is restricted by statute. When protestants parties to the proceeding. Office of Pollution Prevention and EPA identifies a comment containing Any person wishing to become a party Toxics, Environmental Protection copyrighted material, EPA will provide must file a motion to intervene. All such Agency, Mailcode: 7408M, 1200 a reference to that material in the motions or protests should be filed on Pennsylvania Ave., NW., Washington, version of the comment that is placed in or before the comment date, and, to the DC 20460; telephone number: 202–554– EDOCKET. The entire printed comment, extent applicable, must be served on the 1404; e-mail address: TSCA- including the copyrighted material, will applicant and on any other person [email protected]. be available in the public docket.
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Although identified as an item in the of confidentiality only to the extent ENVIRONMENTAL PROTECTION official docket, information claimed as permitted by, and in accordance with, AGENCY CBI, or whose disclosure is otherwise the procedures in TSCA section 14 and [FRL–7425–4] restricted by statute, is not included in 40 CFR part 2. the official public docket, and will not An agency may not conduct or Agency Information Collection be available for public viewing in sponsor, and a person is not required to Activities: Submission for OMB EDOCKET. Title: Voluntary Children’s Chemical respond to, a collection of information Review; Comment Request; General Evaluation Program (VCCEP) (EPA ICR unless it displays a currently valid OMB Hazardous Waste Facility Standards control number. The OMB control No. 2055.01). This is a request to AGENCY: Environmental Protection establish a new collection. numbers for EPA’s regulations are listed Agency (EPA). Abstract: VCCEP is a voluntary in 40 CFR part 9 and 48 CFR chapter 15, ACTION: Notice. program intended to provide data to and are identified on the form and/or enable the public to understand the instrument, if applicable. SUMMARY: In compliance with the potential health risks to children Burden Statement: The annual public Paperwork Reduction Act (44 U.S.C. associated with certain chemical reporting burden for this collection of 3501 et seq.), this document announces exposures. EPA has asked companies information is estimated to be about 520 that the following Information which manufacture and/or import 23 hours per response. Burden means the Collection Request (ICR) has been chemicals which have been found in forwarded to the Office of Management human tissues and the environment to total time, effort or financial resources expended by persons to generate, and Budget (OMB) for review and volunteer to sponsor their evaluation in approval: General Hazardous Waste VCCEP. VCCEP consists of three tiers maintain, retain or disclose or provide information to or for a Federal Agency. Facility Standards, OMB Control No. which a sponsor may commit to 2050–0120, expires on December 31, separately. Thus far, EPA has received This includes the time needed to review instructions; develop, acquire, install 2002. The ICR describes the nature of Tier 1 commitments for 20 chemicals. the information collection and its and utilize technology and systems for As part of their sponsorship, companies expected burden and cost; where the purposes of collecting, validating would submit commitment letters, appropriate, it includes the actual data collect and/or develop health effects and verifying information, processing collection instrument. and exposure information on their and maintaining information, and DATES: chemical(s), integrate that information disclosing and providing information; Comments must be submitted on or before January 21, 2003. in a risk assessment, and develop a adjust the existing ways to comply with ‘‘Data Needs Assessment.’’ The Data any previously applicable instructions ADDRESSES: Send comments, referencing Needs Assessment would discuss the and requirements; train personnel to be EPA ICR No. 1571.07 and OMB Control need for additional data, which could be able to respond to a collection of No. 2050–0120, to the following provided by the next tier, to fully information; search data sources; addresses: Susan Auby, U.S. Environmental Protection Agency, characterize the risks the chemical may complete and review the collection of Collection Strategies Division (Mail pose to children. information; and transmit or otherwise The information submitted by the Code 2822T), 1200 Pennsylvania sponsor will be evaluated by a group of disclose the information. Avenue, NW., Washington, DC 20460– scientific experts with extensive, Respondents/Affected Entities: 0001; and to Office of Information and relevant experience in toxicity testing manufacturers, processors, importers, or Regulatory Affairs, Office of and exposure evaluations, a Peer distributors in commerce of certain Management and Budget (OMB), Consultation Group. This Group will chemical substances or mixtures who Attention: Desk Officer for EPA, 725 forward its opinions to EPA and the have volunteered to sponsor a chemical 17th Street, NW., Washington, DC sponsor(s) concerning the adequacy of under the VCCEP. 20503. the assessments and the need for Frequency of Collection: On occasion. FOR FURTHER INFORMATION CONTACT: For development of any additional a copy of the ICR contact Susan Auby information to fully assess risks to Estimated No. of Respondents: 23. at EPA by phone at (202) 566–1672, by children. EPA will consider the Estimated Total Annual Burden on E-Mail at [email protected] or opinions of the Peer Consultation Group Respondents: 154,332 hours. download off the Internet at http:// and announce whether additional Estimated Total Annual Costs: www.epa.gov/icr and refer to EPA ICR higher tier information is needed. No. 1571.07. For technical questions Sponsors and the public will have an $12,553,894. about the ICR contact David Eberly at opportunity to comment on EPA’s Changes in Burden Estimates: This is (703) 308–8645, or by e-mail at decision concerning data needs. EPA a new ICR; therefore there is no change [email protected]. will consider these comments and issue in burden estimates from that a final decision. If the final decision is previously approved by OMB. SUPPLEMENTARY INFORMATION: Title: General Hazardous Waste Facility that additional information is needed, Dated: December 3, 2002. sponsors will be asked to volunteer to Standards , OMB Control No. 2050– provide the next tier of information. If Oscar Morales, 0120, EPA ICR No. 1571.07, expiring on additional information is not needed, Director, Collection Strategies Division. December 31, 2002. This is a request for the risk communication and, if [FR Doc. 02–32131 Filed 12–19–02; 8:45 am] extension of a currently approved necessary, risk management phases of BILLING CODE 6560–50–M collection. the program will be initiated. Abstract: Section 3004 of the Responses to the collection of Resource Conservation and Recovery information are voluntary. Respondents Act (RCRA), as amended, requires that may claim all or part of a notice the U.S. Environmental Protection confidential. EPA will disclose Agency (EPA) develop standards for information that is covered by a claim hazardous waste treatment, storage, and
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disposal facilities (TSDFs) as may be requirements; train personnel to be able 2225A, Environmental Protection necessary to protect human health and to respond to a collection of Agency, 1200 Pennsylvania Ave., NW., the environment. Subsections information; search data sources; Washington, DC 20460; telephone 3004(a)(1), (3), (4), (5), and (6) specify complete and review the collection of number: (202) 564–4146; fax number: that these standards include, but not be information; and transmit or otherwise (202) 564–0085; e-mail address: limited to, the following requirements: disclose the information. [email protected]. • Maintaining records of all Respondents/Affected Entities: SUPPLEMENTARY INFORMATION: EPA has hazardous wastes identified or listed Business or other for profit. submitted the following ICR to OMB for under subtitle C that are treated, stored, Estimated Number of Respondents: review and approval according to the or disposed of, and the manner in which 1,675. procedures prescribed in 5 CFR 1320.12. such wastes were treated, stored, or Frequency of Response: On occasion. The Federal Register Notice required disposed of; Estimated Total Annual Hour Burden: • Operating methods, techniques, and 719,059. under 5 CFR 1320.8(d), soliciting practices for treatment, storage, or Estimated Total Annualized Capital, comments on this collection of disposal of hazardous waste; Operating/Maintenance Cost Burden: information was published on July 16, • Location, design, and construction $760,000. 2002 (67 FR 46663–4), and no of such hazardous waste treatment, Send comments on the Agency’s need comments were received. disposal, or storage facilities; for this information, the accuracy of the EPA has established a public docket • Contingency plans for effective provided burden estimates, and any for this ICR under Docket ID No. OECA– action to minimize unanticipated suggested methods for minimizing 2002–0021, which is available for public damage from any treatment, storage, or respondent burden, including through viewing at the Enforcement and disposal of any such hazardous waste; the use of automated collection Compliance Docket and Information and techniques to the addresses above. Center in the EPA Docket Center (EPA/ • Maintaining or operating such Please refer to EPA ICR No. 1571.07 and DC), EPA West, Room B102, 1301 facilities and requiring such additional OMB Control No. 2050–0120 in any Constitution Ave., NW., Washington, qualifications as to ownership, correspondence. DC. The EPA Docket Center Public continuity of operation, training for Reading Room is open from 8:30 a.m. to Dated: December 4, 2002. personnel, and financial responsibility 4:30 p.m., Monday through Friday, as may be necessary or desirable. Oscar Morales, excluding legal holidays. The telephone The regulations implementing these Director, Collection Strategies Division. number for the Reading Room is (202) requirements are codified in the Code of [FR Doc. 02–32132 Filed 12–19–02; 8:45 am] 566–1744, and the telephone number for Federal Regulations (CFR) Title 40, BILLING CODE 6560–50–P the Enforcement and Compliance parts 264 and 265. The collection of this Docket and Information Center is (202) information enables EPA to properly 566–1514. An electronic version of the determine whether owners/operators or ENVIRONMENTAL PROTECTION public docket is available through EPA hazardous waste treatment, storage, and AGENCY Dockets (EDOCKET) at http:// disposal facilities meet the requirements [OECA–2002–0021; FRL–7425–5] www.epa.gov/edocket. Use EDOCKET to of section 3004(a) of RCRA. An agency submit or view public comments, access may not conduct or sponsor, and a Agency Information Collection the index listing of the contents of the person is not required to respond to, a Activities; Submission of EPA ICR No. public docket, and to access those collection of information unless it 0152.07 (OMB No. 2070–0020) to OMB documents in the public docket that are displays a currently valid OMB control for Review and Approval; Comment available electronically. Once in the number. The OMB control numbers for Request system, select ‘‘search,’’ then key in the EPA’s regulations are listed in 40 CFR docket ID number identified above. AGENCY: Environmental Protection part 9 and 48 CFR chapter 15. The Any comments related to this ICR Agency (EPA). Federal Register document required should be submitted to EPA and OMB under 5 CFR 1320.8(d), soliciting ACTION: Notice. within 30 days of this notice, and comments on this collection of SUMMARY: In compliance with the according to the following detailed information was published on August Paperwork Reduction Act (44 U.S.C. instructions: (1) Submit your comments 13, 2002 (67 FR 52718); no comments 3501 et seq.), this document announces to EPA online using EDOCKET (our were received. that the following Information preferred method), by e-mail to Burden Statement: The annual public Collection Request (ICR) has been [email protected], or by mail to: EPA reporting and recordkeeping burden for forwarded to the Office of Management Docket Center, Environmental this collection of information is and Budget (OMB) for review and Protection Agency, Mailcode: 2201T, estimated to average 319 hours per approval: Notices of Arrival of 1200 Pennsylvania Ave., NW., response. Burden means the total time, Pesticides and Devices (OMB Control Washington, DC 20460, and (2) Mail effort, or financial resources expended No. 2070–0020, EPA ICR No. 0152.07). your comments to OMB at: Office of by persons to generate, maintain, retain, The ICR, which is abstracted below, Information and Regulatory Affairs, or disclose or provide information to or describes the nature of the information Office of Management and Budget for a Federal agency. This includes the collection and its estimated burden and (OMB), Attention: Desk Officer for EPA, time needed to review instructions; cost. 725 17th Street, NW., Washington, DC develop, acquire, install, and utilize 20503. DATES: Additional comments may be technology and systems for the purposes EPA’s policy is that public comments, submitted on or before January 21, 2003. of collecting, validating, and verifying whether submitted electronically or in information, processing and ADDRESSES: Follow the detailed paper, will be made available for public maintaining information, and disclosing instructions in the SUPPLEMENTARY viewing in EDOCKET as EPA receives and providing information; adjust the INFORMATION. them and without change, unless the existing ways to comply with any FOR FURTHER INFORMATION CONTACT: comment contains copyrighted material, previously applicable instructions and Stephen Howie, Office of Compliance, CBI, or other information whose public
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disclosure is restricted by statute. When or disclose or provide information to or EIS No. 020510, Draft Supplement, EPA identifies a comment containing for a Federal agency. This includes the FHW, WV, VA, Appalachian Corridor copyrighted material, EPA will provide time needed to review instructions; H Project, Construction of a 10-mile a reference to that material in the develop, acquire, install, and utilize Highway between the Termini of version of the comment that is placed in technology and systems for the purposes Parsons and Davis, In Pursuant to the EDOCKET. The entire printed comment, of collecting, validating, and verifying February 2000 Settlement Agreement, including the copyrighted material, will information, processing and Tucker County, WV and VA, be available in the public docket. maintaining information, and disclosing Comment Period Ends: February 21, Although identified as an item in the and providing information; adjust the 2003, Contact: Thomas J. Smith (304) official docket, information claimed as existing ways to comply with any 347–5928. CBI, or whose disclosure is otherwise previously applicable instructions and EIS No. 020511, Draft EIS, COE, MD, restricted by statute, is not included in requirements; train personnel to be able Aberdeen Proving Ground (APG) the official public docket, and will not to respond to a collection of Project, To Conduct Research and be available for public viewing in information; search data sources; Development, Test and Evaluate EDOCKET. For further information complete and review the collection of Ordnance, Military Equipment and to about the electronic docket, see EPA’s information; and transmit or otherwise Train Personnel, Chesapeake Bay, Federal Register notice describing the disclose the information. Harford, Baltimore, Kent and Cecil electronic docket at 67 FR 38102 (May Respondents/Affected Entities: Counties, MD, Comment Period Ends: 31, 2002), or go to www.epa.gov./ Importers of Pesticide and Devices. February 3, 2003, Contact: Tracy edocket. Estimated Number of Respondents: Dunne (410) 278–2479. Title: Notices of Arrival of Pesticides 18,500. EIS No. 020512, Final Supplement, and Devices (OMB Control No. 2070– Frequency of Response: 1. NRC, Generic EIS—Decommissioning 0020, EPA ICR No. 0152.07). This is a Estimated Total Annual Hour Burden: of Nuclear Facilities, Updated request to renew an existing approved 5,550 hours. Information on Dealing With collection scheduled to expire on Estimated Total Annual Cost: Decommissioning of Nuclear Power December 31, 2002. Under the OMB $396,085. Reactors (NUREG–0586), Wait Period regulations, the Agency may continue to Changes in the Estimates: There is an Ends: January 21, 2003, Contact: conduct or sponsor the collection of increase of 3,450 hours in the total Michael T. Masnik (301) 415–1191. information while this submission is estimated burden currently identified in EIS No. 020513, Draft EIS, SFW, WA, pending at OMB. the OMB Inventory of Approved ICR Nisqually National Wildlife Refuge Abstract: The U.S. Customs Burdens. This increase is due to an (NWR), To Adopt and Implement a regulations at 19 CFR 12.112 require adjustment in the number of Comprehensive Conservation Plan, that an importer desiring to import respondents, based on a survey of Puget Sound, Nisqually River Delta, pesticides into the United States shall, responses reported to the EPA Regions Thurston and Pierce Counties, WA, prior to the shipment’s arrival, submit a in calendar year 2002. Comment Period Ends: February 21, Notice of Arrival of Pesticides and 2003, Contact: Michael Marxen (503) Devices (EPA Form 3540–1) to EPA who Dated: December 2, 2002. 590–6596. This document is available will determine the disposition of the Oscar Morales, on the Internet at: http:// shipment. After completing the form, Director, Collection Strategies Division. www.pacific.fws.gov/planning. EPA returns the form to the importer, or [FR Doc. 02–32133 Filed 12–19–02; 8:45 am] EIS No. 020514, Legislative Draft, AFS, his agent, who must present the form to BILLING CODE 6560–50–P WA, I–90 Wilderness Study, To Customs upon arrival of the shipment at Review Land Comprising of 15,000 the port of entry. This is necessary to Acres for Suitability for Preservation insure that EPA is notified of the arrival ENVIRONMENTAL PROTECTION as Wilderness, Omnibus Consolidated of pesticides and devices as required by AGENCY and Emergency Supplemental the Federal Insecticide Fungicide and [ER–FRL–6635–9] Appropriations Act, Okanogan and Rodenticide Act (FIFRA) section 17(c) Wenatchee National Forests, Kittitas and has the ability to examine such Environmental Impact Statements; and Chelan Counties, WA, Comment shipments to determine that they are in Notice of Availability Period Ends: February 18, 2003, compliance with FIFRA. The Contact: Floyd Rogalski (509) 674– information is used by EPA Regional Responsible Agency: Office of Federal 4411. This document is available on pesticide enforcement and compliance Activities, General Information (202) the Internet at: http://www.fs.fed.us/ staffs, OECA, and the Department of 564–7167 or http://www.epa.gov/ r6/wenatchee/planning/i-90- Treasury. An agency may not conduct or compliance/nepa/. wilderness-study.pdf. sponsor, and a person is not required to Weekly receipt of Environmental Impact EIS No. 020515, Draft EIS, AFS, OR, respond to, a collection of information Statements. Metolius Basin Forest Management unless it displays a currently valid OMB Filed December 9, 2002 through Project, To Implement Fuel Reduction control number. The OMB control December 13, 2002. and Forest Health Management numbers for EPA’s regulations are listed Pursuant to 40 CFR 1506.9. Activities, Deschutes National Forest, in 40 CFR part 9 and 48 CFR chapter 15, EIS No. 020509, Draft EIS, AFS, MO, Sisters Ranger District, Jefferson and are identified on the form and/or Pineknot. Woodland Restoration County, OR, Comment Period Ends: instrument, if applicable. Project, Restoring Open Shortleaf Pine February 15, 2003, Contact: Kris Burden Statement: The annual public Woodland on the 10,831 Acre, Martinson (541) 549–7730. This reporting and recordkeeping burden for Implementation, Doniphan/Eleven document is available on the Internet this collection of information is Point Ranger District, Mark Twain at: http://www.fs.fed.us/r6/ estimated to average 0.3 hours per National Forest, Carter County, MO, centraloregon/index-metolius.htm. response. Burden means the total time, Comment Period Ends: February 3, EIS No. 020516, Draft Supplement, FTA, effort, or financial resources expended 2003, Contact: Jerry Bird (573) 996– OR, WA, OR, South Corridor Project by persons to generate, maintain, retain, 2153. a Portion of the South/North Corridor
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Project, Improvement to the Existing ERP No. D–JUS–K80043–CA Rating Dated: December 17, 2002. Urban Transportation System, EC2, Juvenile Justice Campus (JJC) Joseph C. Montgomery, Updated and Additional Information, Construction and Operation of a 1,400 Director, NEPA Compliance Division, Office Clackamas and Multnomah Counties, Bed and Related Functions Facility, of Federal Activities. OR, Comment Period Ends: February Conditional Use Permit, Fresno County, [FR Doc. 02–32128 Filed 12–19–02; 8:45 am] 07, 2003, Contact: Sharon Kelly (503) CA. BILLING CODE 6560–50–P 797–1756. Summary: EPA expressed Amended Notices environmental concerns regarding farmland protection and sole source ENVIRONMENTAL PROTECTION EIS No. 020502, Draft EIS, MMS, AK, aquifer issues. AGENCY Cook Inlet Planning Area Oil and Gas ERP No. D–NPS–E65060–NC Rating [FRL–7421–4] Lease Sales 191 and 199, Outer LO, Carl Sandburg Home National Continental Shelf, Offshore Marine Historic Site, General Management Plan, Notice of Intent To Grant an Exemption Environment, Cook Inlet, AK, Implementation, Located in the Village for the Injection of Certain Hazardous Comment Period Ends: February 11, of Flat Rock, Henderson County, NC. Wastes to Environmental Disposal 2003, Contact: George Valiulis (703) Systems, Inc. for Two Injection Wells 787–1662. Revision of FR Notice Summary: EPA review did not Located at 28470 Citrin Drive, Published on 12/13/2002: Correction identify any potential environmental Romulus, MI to Comment Period from 01/27/2003 impacts requiring substantive changes to 02/11/2003. to the proposal. AGENCY: Environmental Protection Agency (EPA). Dated: December 17, 2002. Final EISs ACTION: Notice. Joseph C. Montgomery, ERP No. F–DOE–L08061–00 McNary- Director, NEPA Compliance Division, Office John Day Transmission Line Project, SUMMARY: The United States of Federal Activities. Construction, Operation and Environmental Protection Agency, [FR Doc. 02–32127 Filed 12–19–02; 8:45 am] Maintenance of a 79-mile-long 500- Region 5, Chicago office, proposes BILLING CODE 6560–50–P Kilovolt-Transmission Line between (through this notice) to grant an McNary Substation and John Day exemption from the ban on disposal of Substation, Umatilla and Sherman hazardous wastes through injection ENVIRONMENTAL PROTECTION Counites, OR and Benton and Klickitat wells to Environmental Disposal AGENCY Counties, WA. Systems Inc. (EDS) of Birmingham, Michigan. If the exemption is granted, [ER–FRL–6636–1] Summary: No formal comment letter EDS may inject all Resource was sent to the preparing agency. Environmental Impact Statements and Conservation and Recovery Act (RCRA) ERP No. F–EDA–B99003–CT Regulations; Availability of EPA regulated hazardous wastes through Adriaen’s Landing Project, Development Comments waste disposal wells #1–12 and #2–12. from Columbus Boulevard south of the The regulations promulgated under the Availability of EPA comments Founders Bridge and Riverfront Plaza, Hazardous and Solid Waste prepared pursuant to the Environmental City of Hartford, CT. Amendments to RCRA, prohibit the Review Process (ERP), under Section Summary: EPA had no objections to injection of restricted hazardous waste 309 of the Clean Air Act and Section the proposed project and encouraged into an injection well. Persons seeking 102(2)(c) of the National Environmental continued efforts to coordinate with an exemption from the prohibition must Policy Act as amended. Requests for impacted communities around the submit a petition demonstrating that, to copies of EPA comments can be directed project site and to add pollution a reasonable degree of certainty, there to the Office of Federal Activities at controls to construction equipment. will be no migration of hazardous (202) 564–7167. ERP No. F–MMS–G02011–00 Gulf of constituents from the injection zone for An explanation of the ratings assigned Mexico Outer Continental Shelf Oil and as long as the waste remains hazardous. On January 21, 2000, EDS submitted to draft environmental impact Gas Lease Sales: 2003–2007, Starting in a petition to the EPA, Region 5, Chicago statements (EISs) was published in 2002 the Proposed Central Planning office, seeking an exemption from the Federal Register dated April 12, 2002 Area Sales 185, 190, 194, 198, and 201 ban based on a showing that any fluids (67 FR 17992). and Western Planning Area Sales 187, injected will not migrate vertically out 192, 196, and 200, Offshore Marine Draft EISs of the injection zone or laterally to a Environment, Coastal Counties and point of discharge or interface with an ERP No. D–FHW–J40175–UT Rating Parishes of TX, LA, AL and MS. EC2, Reference Post (RP) 13 Interchange underground source of drinking water and City Road Project, Construction of Summary: EPA had no further (USDW) within 10,000 years. The EPA New Interchange at RP 13 to I–15 and comments to offer. EPA has a lack of has conducted a comprehensive review City Road in Washington City, Funding, objections to the preferred alternative. of the petition, its revisions, and other Washington County, UT. ERP No. FS–AFS–G65049–00 materials submitted and has determined Summary: EPA expressed Vegetation Management in the Ozark/ that the petition submitted by EDS, as environmental concerns with water Quachita Mountains, Proposal to Clarify revised on October 3, 6, 27, and 31, quality analysis and limiting the Direction for Conducting Project-Level 2000; January 12, April 24, and October interchange analysis to only one build Inventories for Biological Evaluations 16, 2001; and January 31 August 22, alternative. In addition, land use (BEs), Qzark, Quachita and St. Francis September 25, and October 23, 2002, impacts were not quantified despite National Forests, AR and McCurtain and meets the requirements of 40 CFR part land use change expectation. EPA was LeFLore Counties, OR. 148, subpart C. pleased to see information on habitat Summary: EPA has no objection to the DATES: The EPA, Region 5, Chicago fragmentation and impervious surface selection of the preferred alternative. office, requests public comments on impacts documentation. EPA has no further comments to offer. today’s proposed decision. Comments
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will be accepted until January 22, 2003. demonstrate that the hydrogeological of increased pressure in the disposal Comments post-marked after the close and geochemical conditions at the site reservoir. The distance which fluid and of the comment period will be stamped and the physicochemical nature of the then independent molecules of the ‘‘Late.’’ Late comments do not have waste stream(s) are such that reliable injected waste will move through the standing and will not be considered in predictions can be made either: reservoir and confining zone are also the decision process. EPA will schedule (a) That fluid movement conditions calculated. a public hearing to allow comment on are such that the injected fluids will not During the period of injection, fluids this proposed action. EPA will publish migrate within 10,000 years: (1) are pumped through the injection wells a notice of this hearing in a local paper Vertically upward out of the injection into porous geological formations at and send it to people on its mailing list. zone; or (2) laterally within the injection pressures which are sufficient to force If you wish to be notified of the date and zone to a point of discharge or interface the fluids to flow thousands of feet into location of the public hearing please with an Underground Source of the formations. In most cases, the contact the person listed below. EPA Drinking Water (USDW) (the no- operator of a particular group of will cancel the hearing if it has no migration standard); or injection wells controls the only evidence of a need for a hearing. (b) That before the injected fluids injection occurring in the area. If there migrate out of the injection zone or to are other nearby injection or production ADDRESSES: Submit written comments, a point of discharge or interface with by mail, to: Ms. Sally Swanson, Acting wells, however, they will also affect USDW, the fluid will no longer be UIC Branch Chief, United States how fluids move. hazardous because of attenuation, Injection moves the fluids at a Environmental Protection Agency, transformation or immobilization of relatively high velocity. This movement Region 5, Underground Injection hazardous constituents within the slows immediately, but continues at Control Branch (WU–16J), 77 West injection zone by hydrolysis, chemical greatly reduced speed for a time after Jackson Boulevard, Chicago, Illinois interactions or other means. injection ends. The length of that time 60604–3590; or, to use e-mail, direct EDS has submitted a petition that uses is approximately equal to the length of comments to [email protected]. mathematical models to demonstrate the injection phase. By the end of that FOR FURTHER INFORMATION CONTACT: Mr. that the injected fluids will not migrate time, the continued movement has Harlan Gerrish, Lead Petition Reviewer, within 10,000 years. allowed the hydraulic pressures around at the same address, Office Telephone The EPA published regulations setting the injection wells to return to the pre- Number: (312) 886–2939, or, to use e- forth the requirements for petitions for injection level, if it is a large injection mail, direct comments to exemption from the disposal prohibition formation. After the pressure dissipates, [email protected]. in the Federal Register on July 26, 1988 significant movement of waste fluid SUPPLEMENTARY INFORMATION: (53 FR 28118). The demonstrations are results from three phenomena: Natural based on direct measurements of background or regional flow, density I. Background geological properties of the injection differences, and diffusion of individual A. Authority zone made during the construction and molecules through geological materials. subsequent testing of the wells at the The simulation of waste movement is HSWA, which was enacted on EDS facility on Citrin Drive or on values carried forward for a period of 10,000 November 8, 1984, imposed substantial measured at similar locations where years. EPA chose a time limit of 10,000 additional responsibilities on those who conditions can be expected to be near years for the demonstration because a handle hazardous waste. The equivalents. Because the model demonstration over that time period amendments prohibit the land disposal encompasses a region which is much would both suggest containment for a of untreated hazardous waste beyond larger than sampling techniques substantially longer time period and a specified dates, unless the EPA employed along and between the well 10,000-year time frame would allow determines that the prohibition is not bores can reach, the demonstration time for geochemical transformations required in order to protect human allows for uncertainty by using values which might render the waste health and the environment for as long which are more conservative than those nonhazardous or immobile. (See 53 FR as the waste remains hazardous (RCRA which the petitioner believes are most 28126). The EPA’s Science Advisory section 3004(d)(1), (e)(1), (f)(2), (g)(5)). appropriate. The measurements are used Board agreed that the 10,000 year time RCRA specifically defines land disposal to create a conceptual model of the frame is appropriate in a 1984 study to include any placement of hazardous geological framework into which waste dealing with the storage of radioactive waste into an injection well (RCRA is injected. Models must account for wastes. The EPA’s standard does not section 3004(k)). After the effective date such geological properties as the imply that leakage will occur at some of prohibition, hazardous waste can porosity, permeability, and time after 10,000 years. It requires a only be injected under two compressibility of the strata within the demonstration that leakage will not circumstances: injection zone which will serve as the occur within that time frame. (1) When the waste has been treated reservoir and the strata which are Understanding geological factors such in accordance with the requirements of expected to confine the waste within the as the permeability of intact rock, the 40 CFR part 268 as required by section injection zone. Characteristics, such as presence of transmissive fractures, and 3004(m) of RCRA, (the EPA has adopted density and viscosity, of the brine the identification of artificial the same treatment standards for currently within the injection zone and penetrations of the confining zone injected wastes in 40 CFR part 148, of the waste which will be injected are provides the key to constructing an subpart B); or also considered. Equations have been accurate model and performing a valid (2) When the owner/operator has developed to calculate the pattern and simulation. Because 10,000 years is a demonstrated that, to a reasonable extent of pressure increase resulting relatively short interval of geologic time, degree of certainty, there will be no from injection for many different we assume that only the three migration of hazardous constituents geologic models. When the proposed phenomena listed above affect the rate from the injection zone for as long as the injection is simulated, computer of movement. Each of these phenomena waste remains hazardous. Applicants programs use the appropriate equations is well understood, and their effects can seeking an exemption from the ban must to calculate the amount and distribution be calculated. If the simulation
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establishes that the injected waste will instantaneous limit will allow EDS to EPA reviewed this submission for not escape a defined volume of rock inject more waste for some periods of completeness and provided comments. which is some distance below the time than others to accommodate EPA received revised documents on USDWs or discharge to a USDW for a deliveries during normal business hours October 3, 6, 27, and 31, 2000; January period of 10,000 years, the operation and other occurrences. The rate at 12, April 24, and October 16, 2001; and meets the regulatory no migration which EDS may inject is also limited by January 31, August 22, September 25, standard. the maximum allowable surface 2002 and October 23, 2002, responding injection pressure. to EPA comments. B. Facility Operation The conservative nature of the demonstration is a significant aspect of II. Basis for Determination EPA previously issued permits to the the demonstrations. The result of the proposed EDS facility to commercially A. Waste Description and Analysis (40 simulations which comprise the CFR 148.22) dispose of liquid wastes by deep well demonstration are not predictions of the injection. The operator has constructed distance to which the hazardous waste Under the proposed exemption, EDS two wells. The proposed exemption is plume will move. Rather, they are can inject wastes from a variety of based on a long term average injection predictions of a distance beyond which industrial sectors and processes rate, for the facility as a whole, of 166 movement will not occur. That is, the including: pharmaceutical production, gallons per minute (gpm) averaged over actual distance of movement is expected steel pickling operations, automobile one-month periods for a total of to be considerably less than that parts fabrication, and other commercial 7,275,780 gallons per month. The simulated. disposal operations at facilities which instantaneous injection rate may reach do not have the means to dispose of 270 gpm for the facility. The long term C. Submission hazardous liquid wastes. EDS has average rate limit is used to bound the On January 21, 2000, EDS submitted petitioned the EPA, Region 5, to grant area of the waste plume so that the a petition for exemption from the land an exemption to allow injection of plume will be no larger than the area disposal restrictions of hazardous waste wastes bearing the following RCRA estimated in the petition. The injection under the HSWA of RCRA. waste codes:
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NJECTION I PPROVED FOR A ODES C ASTE RCRA W IST OF L D001 D022 D043 F027 K015 K036 K071 K106 K141 K174 P017 P042 P067 P094 P118 P203 U020 U042 U064 U086 U109 U130 U151 U172 U194 U2 D002 D023 F001 F028 K016 K037 K073 K107 K142 K175 P018 P043 P068 P095 P119 P204 U021 U043 U066 U087 U110 U131 U152 U173 U196 U2 U196 U173 U152 U131 U110 U087 F001 U066 D023 F028 U043 D002 K016 K037 K073 K107 K142 K175 P018 P043 P068 P095 P119 P204 U021 U2 U197 U174 U153 U132 U111 U088 F002 U067 D024 F032 U044 D003 K017 K038 K083 K108 K143 K176 P020 P044 P060 P096 P120 P205 U022 U2 U200 U176 U154 U133 U112 U089 U068 F003 U045 D025 F034 U023 D004 K018 K039 K084 K109 K144 K177 P021 P045 P070 P097 P121 U001 U2 U201 U177 U155 U134 U113 U090 U069 F004 U046 D026 F035 U024 D005 K019 K040 K085 K110 K145 K178 P022 P046 P071 P098 P122 U002 U2 U202 U178 U156 U135 U114 U091 U070 F005 U047 D027 F037 U025 D006 K020 K041 K086 K111 K147 P001 P023 P047 P072 P099 P123 U003 U2 U203 U179 U157 U136 U115 U092 U071 F006 U048 D028 F038 U026 D007 K021 K042 K087 K112 K148 P002 P024 P048 P073 P101 P127 U004 U2 U204 U180 U158 U137 U116 U093 U072 F007 U049 D029 F039 U027 D008 K022 K043 K088 K113 K149 P003 P026 P049 P074 P102 P128 U005 U2 U205 U181 U159 U138 U117 U094 U073 U050 F008 U028 D030 K001 K023 K044 K093 K114 K150 P004 P027 P050 P075 P103 P185 U006 D009 U2 U206 U182 U160 U139 U118 U095 U074 U051 F009 U029 D031 K002 K024 K045 K094 K115 K151 P005 P028 P051 P076 P104 P188 U007 D010 U2 U207 U183 U161 U140 U119 U096 U075 U052 F010 U030 D032 K003 K025 K046 K095 K116 K156 P006 P029 P054 P077 P105 P189 U008 D011 U2 U208 U184 U162 U141 U120 U097 U076 U053 F011 U031 D033 K004 K026 K047 K096 K117 K157 P007 P030 P056 P078 P106 P190 U009 D012 U2 U209 U185 U163 U142 U121 U098 U077 U055 F012 U032 D034 K005 K027 K048 K097 K118 K158 P008 P031 P057 P081 P108 P191 U010 D013 U2 U210 U186 U164 U143 U122 U099 U078 U056 F019 U033 D035 K006 K028 K049 K098 K123 K159 P009 P033 P058 P082 P109 P192 U011 D014 U2 U211 U187 U165 U144 U123 U101 U079 U057 F020 U034 D036 K007 K029 K050 K099 K124 K160 P010 P034 P059 P084 P110 P194 U012 D015 U2 U213 U188 U166 U145 U124 U102 U080 U058 F021 U035 D037 K008 K030 K051 K100 K125 K161 P011 P036 P060 P085 P111 P196 U014 D016 U2 U214 U189 U167 U146 U125 U103 U081 U059 F022 U036 D038 K009 K031 K052 K101 K126 K169 P012 P037 P062 P087 P112 P197 U015 D017 U2 U215 U190 U168 U147 U126 U105 U082 U060 F023 U037 D039 K010 K032 K060 K102 K131 K170 P013 P038 P063 P088 P113 P198 U016 D018 U2 U216 U191 U169 U148 U127 U106 U083 U061 F024 U038 D040 K011 K033 K061 K103 K132 K171 P014 P039 P064 P089 P114 P199 U017 D019 U2 U217 U192 U170 U149 U128 U107 U084 U062 F025 U039 D041 K013 K034 K062 K104 K136 K172 P015 P040 P065 P092 P115 P201 U018 D020 U2 U218 U193 U171 U150 U129 U108 U085 F026 U063 D042 K014 K035 K069 K105 K140 K173 P016 P041 P066 P093 P116 P202 P119 U041 D021
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B. Well Construction and Operation pressure exceeds the maximum fractures in the injection zone. The (§ 148.22) permitted levels, or if the difference permits are being modified to limit the EDS plans to operate the disposal between the injection and annulus injection pressure at the surface to 903 wells for at least 20 years. The physics pressures falls below the minimum psi. of well injection is well understood permitted level. The permits for the injection wells Thus, the integrity of the construction will limit the rate of injection, the because of theoretical studies conducted will be monitored constantly by pressure at which injection takes place, by oil production companies and measuring the pressure within the and the concentration of hazardous observations through the long history of annulus between the casings and tubing constituents to ensure that the actual injection and production in oil fields. and tracking the amounts of liquid conditions under which injection occurs EPA has developed the UIC program added to or removed from the annulus are less likely to cause increased under the Safe Drinking Water Act to system. Even a small leak should be migration of hazardous constituents prevent underground injection which detected before environmental injury than those proposed and simulated as endangers USDWs. The program occurs. More rigorous annual testing described in section F of this Fact Sheet. regulates construction and operation of ensures that even very small leaks are This will ensure that injected wastes most injection wells. The regulations discovered. The pressure in the annulus will remain in the disposal formations, impose extra requirements on hazardous will be maintained at a higher level than at depths below 3,700 feet, for at least waste injection wells. The operations of the pressures in either the formations 10,000 years. wells used for the disposal of hazardous outside the casing or within the Information available includes results wastes are subject to an exacting injection tubing. Therefore, even if a of testing a well which EDS drilled in permitting program, monthly review of leak occurs, the waste will not leak into 1993, four miles away from the monitoring records, and periodic testing the annulus; instead, annulus fluid will locations of wells #1–12 and #2–12. of the well and disposal reservoir. leak into the injection tubing through This well is the nearest well drilled into Additional safeguards, such as those set which waste is being injected and be the Mt. Simon, Eau Claire, and lower forth in the proposed decision, are also carried downward into the waste Franconia Formations, which will serve imposed. disposal reservoir or, in the case of a as reservoirs; or into the upper Figure 1 includes a schematic diagram casing leak, annulus fluid, not waste, Franconia-Dresbach, Trempealeau, of the construction of Well #2–12 and will leak into the formations Greenwood, and lower Black River the formations penetrated by the wells. surrounding the well. Formations, which will serve as the The EDS wells have been constructed As described, the construction arresting interval for wastes injected by using four strings of steel casing for each provides for a replaceable tubing and a EDS. Information from this well and well. As the wells were drilled, system to detect when replacement of other wells in Michigan and Ohio was increasingly smaller casings were the tubing is necessary. The tubing used to determine the extent and shape placed in the well and cemented to the prevents the waste from contacting all of the important geological formations. surface. The first cemented casings are except the lowermost few tens of feet of Other nearby wells tend to go no deeper 20 (in #1–12) and 16 (in #2–12) inches casing, which are made of a corrosion than the Trenton Formation which was in diameter and were set at 119 and 177 resistant alloy. The three casing strings penetrated at about 2,950 feet in the feet, respectively, to stabilize the well and layers of cement through the fresh EDS wells. bores through the unconsolidated water bearing formations provide extra Additional information was gained glacial drift. The second strings of protection from contamination. through testing of the new wells. Among casing are 133⁄8 inches in diameter and In order to ensure that the wastes, other information, the UICB reviewers were set at 396 and 598 feet, once safely injected into the disposal looked at the distribution of porosity respectively, to prevent loss of drilling formation, remain there, the UIC and permeability along the well bore, fluid into cavernous zones in the program regulates injection pressure the hydrostatic pressure in the shallow bedrock. The third strings of and waste properties, and requires reservoirs to be used for disposal, and casing were planned to provide the regular testing of the integrity of the fracture opening and closure safest possible conduit through the near- injection wells’ construction. The pressures in the disposal formation as surface USDWs. These casings are 95⁄8 injection pressure is important because well as in the overlying formations. The inches in diameter and are set at 824 injection pressure drives fluid interaction of these factors determines and 1444 feet, respectively. The final movement through both the reservoir the rate at which waste can be injected casing is set from the surface to within rock and the overlying confining rock. without having effects on the injection the top of the formations which will be No rock is completely impermeable. zone that can result in vertical used as the waste reservoir. These Because the confining rock is usually movement through created fractures. casings are 7 inches in diameter and are less than one thousandth as permeable The cementing and condition of the set at 4,080 and 3,983 feet, respectively. as reservoir rock, the distance of vertical casing were also reviewed and found The space around each of the casings movement through the confining rock is adequate. was sealed with cement from the base less than one thousandth as great as the of the casing to the surface. Cementing horizontal movement through the C. Mechanical Integrity Test Information eliminates potential avenues for either reservoir rock. If sufficiently high, the The mechanical integrity tests the injected fluid or fluid from other, injection pressure will fracture the described below were witnessed by shallower zones to flow outside the reservoir rock and, at higher pressures, EPA’s contract inspectors. The test casings and into USDWs. may fracture the confining rock. records were examined by UICB EDS will inject the waste through a Therefore, EDS conducted tests during employees who recorded their tubing set on a packer and isolated from well construction to measure the observations and concluded that the the casing by a fluid-filled annulus, resistance of the rock of the injection tests were successfully passed. which will be continuously monitored and confining zones to fracturing. These To assure that the waste does not leak for pressure change. The monitoring tests showed that injecting at pressures from the tubing prior to reaching the system is designed to trigger alarms and below 903 pound per square inch (psi) injection zone, 40 CFR 148.20(a)(2)(iv) shut off injection if the injection measured at the surface will not create requires submission of results from a
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satisfactory annulus pressure test and a Basin. Locally, dip is to the northwest 2. Injection Zone Description Radioactive Tracer Survey to test the at about 100 feet per mile. About 4,350 The injection zone must have cement seal at the base of the casing feet of Paleozoic sedimentary rocks reservoir strata with sufficient which were performed within one year covered by about 100 feet of glacially permeability, porosity, thickness, and of petition submission. On April 4, deposited materials overlie the granitic areal extent to allow the injected fluid 2002, EDS used a pressure test to Precambrian basement. to be distributed through a large volume demonstrate the absence of leaks in the The injection wells at the EDS facility of rock so that there is no long term casing, tubing and packer of well #1–12 have approximately 2,980 feet of increase in pressure in the injection by forcing water into the annulus to separation between the lowermost zone. Above the reservoir zone, the create a pressure of 1,130 psi and then USDW, found in the Detroit River injection zone must have strata which closed the valve used to add water to Formation, less than 390 feet below the have low vertical permeability and are the annulus. The test standard is a surface, and the top of the injection continuous across the area within which pressure change of less than 3% in one zone 3,369 feet below the surface (See the reservoir strata will be affected by hour. The pressure declined by 11 psi, Figure 1). This separation zone is injection. These are called arresting which is just less than 1%. On April 4, composed of dolomites, shales, strata, and they prevent upward 2002, EDS tested the construction of sandstones and siltstones which are movement of wastes from the injection well #2–12 by using 1,110 psi. The predominantly characterized by low zone to USDWs or the surface. pressure declined to 1,090 psi. Twenty permeability at this location. Pressure The injection zone for the EDS facility psi is about 2%, so both wells passed bleed-off zones are an important factor is between 3,369 and 4,468 feet below the test and demonstrated the absence of in the containment of wastes. All the surface. It consists of 900 feet of leaks in the tubing and casing, and sedimentary formations are made up of reservoir and overlying arresting strata, packers. This aspect of mechanical horizontal layers which have differing and includes upper Precambrian rocks integrity (MI) is discussed in the federal permeabilities. Layers with low at the base and the Mt. Simon, Eau regulations at 40 CFR 146.8(a)(1). The permeability retard upward movement Claire, Franconia-Dresbach, sealing of the casing to the rock and layers with high permeability allow Trempealeau, Glenwood, and lower surrounding the well bore immediately both upward and horizontal movement. Black River Formations (See Figure 1). above the injection interval was tested Because upward movement is resisted using a short-lived radioactive (RA) EDS has subdivided the injection zone again and again by layers with low into an injection interval and an tracer material which was carried deep permeability, fluids tend to flow into each well by a geophysical logging arrestment interval. The Mt. Simon, Eau horizontally. As a result, the pressure Claire, and Franconia-Dresbach tool lowered into the wells on a cable which drives the movement is reduced on January 8, 2002, in the case of well Formations at depths from 3,937 to by the horizontal flow which occurs in 4,550 feet below the surface will #1–12, and on December 6, 2001, in the any layer having higher permeability case of well #2–12. The tracer was actually contain the injected wastes. than the layer above it. The regulations They make up the injection interval. released during injection of fresh water. require at least one major permeable The same tool which releases the tracer The Trempealeau, Glenwood and Black bleed-off zone between the injection River Formations between 3,369 and also contains detectors that are used to zone and the base of the USDWs. At the trace the movement of the RA tracer. If 3,937 feet below the surface will prevent EDS facility, the major bleed-off zones the waste from moving upward. They the cement sealing the well bore is not are the White Niagaran between 2,133 sound, RA material will go up the well make up the arrestment interval. Each of and 2,227 feet and the Sylvania these formations extends far beyond the bore outside the casing. The logging tool Sandstone between 400 and 550 feet is used to determine the depth to which vicinity of the EDS facility. The Mt. below the surface. In addition, Simon and Eau Claire Formations reach the tracer moves before it leaves the numerous other zones are composed of well bore. There was no indication of the surface in Wisconsin, hundreds of sand or dolomitized limestone which miles from the EDS facility. upward movement during either test. have sufficient porosity and Both of these tests will be repeated Waste is injected directly into the permeability to function as pressure injection interval from the open-hole annually. bleed-off zones. In addition, EDS made temperature portion of the waste disposal wells. The measurements at short intervals along Seismicity. Michigan is an area of low Mt. Simon and Eau Claire Formations the well bores to determine if liquid is seismic risk. Earthquakes felt in are composed of sandstones interbedded moving from any formations penetrated Michigan have been generally minor. with siltstone, limestone, dolomite, and by the well, along the well bore, and Moreover, the steel casings of deep shale. These formations contain a into a USDW. New temperature logs injection and production wells are more number of zones which appear capable will be made at five-year intervals. flexible and resilient than the rock of accepting injected waste. The lower These two tests (radioactive tracer through which they pass. As a result, limit for porosity of rock which seems surveys and temperature logs) offer very they are not damaged as a result of to accept injected liquids is 12%. The effective means of determining whether earthquakes unless actually sheared as a open-hole geophysical logs identified a the injected waste remains in the result of movement along a fault which total of 255 feet of section with porosity injection zone. they penetrate as demonstrated by wells greater than 12%. in seismically active areas like The permeability for the receptive D. Site Description California and Alaska. Because the intervals of the Eau Claire and Mt. The EDS injection wells are located at Midwestern earthquakes are widely Simon as a whole has been calculated 28470 Citrin Drive within the City of scattered, with none reported in the by analyzing the pressure changes Romulus in Wayne County, Michigan, immediate vicinity of the EDS location, occurring during injection tests. A two- near Detroit. and have epicenters deep within the layer model was required in order to Precambrian granitic rocks far below the simulate the pressures actually 1. Geological Location injection reservoir, there is virtually no recorded. The two layers are actually a Geologically these wells are located possibility of damage as a result of summation of the effects of numerous on the eastern edge of the Michigan seismic activity. layers, some with higher permeability
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and some with lower. The zones with provide added layers of protection by when they do come into contact as a higher permeability can be described as either providing additional confinement result of mixing due to dispersion so 33 feet in thickness with an average (low permeability units) or allowing that the possibility of reactions will be permeability of 400 millidarcies (md). pressure bleed-off (high permeability reduced. The confining zone is The zone with lower permeability can units). Overlying the confining zone, the composed of silty shale and shaley be described as 190 feet thick with an Clinton Formation is made up of shales dolomite. The injected fluid should average permeability of 63.43 md. and dolomite having low porosity and have little effect on the dolomitic layers The arresting interval is the portion of permeability. The Salina Formation because dolomite does not react with the injection zone above the injection contains thick beds of dense, plastic dilute acids at the temperatures which interval, and contains dense carbonates anhydrite and salt separated by will exist in the injection zone. The and shale units with low permeability dolomite, some of which is porous and shale layers are very stable and will be and porous carbonates and sandstones permeable, and shale between 1,300 and essentially unaffected by contact with which are pressure bleed-off units. EDS 2,100 feet. The anhydrite and salt offer the injectate. calculated an average permeability for very effective barriers to fracturing and 5. Wells in Area of Review the arresting interval by calculating the flow because they deform plastically harmonic average of vertical under the weight of the overlying Under 40 CFR 146.63, the area of permeability measurements from the formations to reseal any void space. The review (AOR) of class I hazardous waste core samples having less than 12% White Niagaran between 2,133 and wells is a two-mile radius around the porosity. That analysis concluded that 2,227 feet is a dolomite which the well well bore or a larger area specified by the effective vertical permeability of the site geologist described as ‘‘a new EPA based on the calculated cone of arresting interval is less than 0.005 md. disposal formation’’ in a letter mailed to endangering influence of the well. The Fracture logging of the three wells the EPA on December 27, 2001. In cone of endangering influence is the drilled by EDS indicated several sub- addition, the Sylvania Sandstone area within which pressurizing the vertical fractures in the arresting between the depths of 400 and 550 feet injection interval can raise a column of interval. These fractures have limited is a thick, porous, and permeable formation fluid or injected fluid height and appear to be filled by formation which has been used sufficiently to cause contamination of a mineral deposits, and do not extensively as an injection zone in the USDW. When calculated using values compromise the integrity of the area. It is capable of accepting large for geological parameters which are arresting interval. Because there are no amounts of fluid without developing accepted as most likely to be known transmissive fractures or faults hydrostatic pressures which would be representative of actual conditions, the in the arresting interval, it is suitable for high enough to either fracture it or even cone of endangering influence for the long term waste retention. cause formation water to flow through EDS injection wells has a radius of 23,275 feet, or 4.4 miles from the center 3. Confining Zone Description an open conduit into the USDW. The layers are continuous for hundreds of of the line between the two wells. In addition to the arresting strata square miles. They provide the added However, because this did not represent within the injection zone, the injection layers of protection required by the a worst-case scenario, EDS used more zone must be overlain by a second series regulations. conservative values and calculated an of strata which are sufficient to prevent enlarged cone of endangering influence upward fluid movement. These strata 4. Geochemical Conditions which reaches 32,280 feet from the are known as the confining zone. Like The petitioner must adequately center of the line connecting the two the arresting interval, the confining zone characterize the injection and confining wells. Under 40 CFR 148.20(a)(2)(ii), a must be (1) laterally continuous, (2) free zone fluids and rock types to determine petitioner must locate, identify, and of transecting, transmissive faults or the waste stream’s compatibility with ascertain the condition of all wells fractures over an area sufficient to these zones. The injection zone is within the injection well’s area of prevent fluid movement, and (3) of composed mainly of quartz sandstone, review that penetrate the injection zone sufficient thickness and lithologic and with minor amounts of siltstone and or the confining zone. EDS conducted a stress characteristics to prevent vertical dolomite. These rock types are known to well search over the larger cone of propagation of fractures. The immediate be resistant to most chemical attack. endangering influence consistent with confining zone above the injection zone These Mt. Simon rock types are found the requirements of 40 CFR at EDS is made up of the upper Black in all wells which inject into the Mt. 148.20(a)(2)(ii) and 146.64, and River Limestone, the Trenton Simon. Periodic measurements in other identified two wells penetrating the Formation, and the Utica and wells injecting corrosive wastes into the confining zone and/or injection zone. Cincinnatian Shales which are found Mt. Simon do not show changes in the As discussed below both of these wells between 2,364 and 3,369 feet (See size and shape of the well bores. have been properly plugged, completed Figure 1). This confining zone is 1,000 Because these rocks generally are very or abandoned so no corrective action is feet in thickness, and the top is at an resistant to chemical degradation, we required under 40 CFR 148.20(a)(iii) and elevation 2,000 feet below the anticipate little, if any, compatibility 146.64. lowermost USDW. No fractures were problems. To alleviate any problems The McClure Oil Co. Fritsch et al. #1 detected in the well bores and no that may arise from reactions between is located about 4.5 miles south of the transmissive faults or fractures are the native formation fluids and the EDS site. That well was drilled to a otherwise known to exist in the injected wastes, EDS will inject fresh depth of 2,885 feet in 1955 and then confining zone within the area of water to serve as a buffer between the plugged with heavy mud with a bridge review. formation water and the injectate before plug at 1750 feet. The plugging was The confining zone will resist vertical it begins to inject wastes and between approved on July 21, 1955, by the migration because of its low natural injecting each batch of waste. The fresh Michigan Department of Conservation. permeability. The confining zone must water buffers will prevent wastes which This well has been properly abandoned, be separated from the lowermost USDW might react with each other to form and there is no potential for fluids to by at least one sequence of permeable solids from mixing in the near well-bore move through a conduit. Moreover, the and less permeable strata that will region and will dilute the mixtures maximum depth of this well is almost
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800 feet above the reach of the predicted 15, 2002, indicates that there are no a result, this part of the model is upward migration of waste from the transmissive fractures cutting the validated. EDS well. injection interval within the area 3. Verification of Mathematical The second well, the EDS #1–20, was between and near the wells. drilled by EDS in 1993 at a site which Simulators was to be used for the facility under E. The Use of Predictive Models to When used to make predictions, the review. This well, which was properly Demonstrate No Migration simulator must be adequately verified. completed pursuant to an EPA UIC The most practical and credible The verification process has two permit, penetrates the entire injection means for petitioners to demonstrate no principal objectives: (1) To ensure that zone. The lower portion of the well has migration of hazardous constituents the simulation code is mathematically been plugged using a cast iron bridge from the injection zone is through the accurate, and (2) to ensure that the plug above the injection zone with 50 use of predictive mathematical models. various features of the code are used feet of cement on top of the bridge plug. correctly. Frequently simulators are This meets Region 5’s standards for 1. Conceptual Models verified by comparing the results of the plugging wells within the AOR, and will As discussed in the preamble to the simulator to be verified against the prevent the well’s casing from serving as final rule for petitioning for exemption, results from a previously verified a conduit for the movement of fluids no-migration demonstrations rely upon simulator or an analytical solution. Several different computer programs from the injection zone. Moreover, on conservative modeling techniques to were used to simulate various January 12, 1999, EDS entered into a evaluate the potential for migration of phenomena in this demonstration. Stipulation and Consent Agreement hazardous constituents from the Pressurization was simulated using a with the Michigan Department of injection zone. Fluid flow modeling is a computer code named INTERACT. The Environmental Quality (MDEQ). This well-developed and mature science and movement of the plume was simulated agreement authorizes EDS #1–20 to has been used for many years in the using empirical formulas which were remain inactive and not be considered petroleum industry. A wide range of verified by matching results of abandoned, so long as all applicable models exists that provide the capability simulations incorporating similar requirements are met, until 30 days after to analyze pressure build up, lateral models against those produced by EDS’ receipt of all MDEQ approvals for waste migration, vertical fluid SWIFT II, which has been extensively the Citrin Drive facility. The agreement permeation into overlying confining verified. Each of these methods and requires EDS to permanently plug and material, and leakage through defects in computer codes has been used in abandon the well within that 30-day overlying aquitards; and models make it previous no migration demonstrations. period. When the well is abandoned, the possible to predict tendencies or trends EPA UIC permit for well #1–20 requires of events that have not yet occurred or F. Application of Computer Simulation that the well must be properly plugged that may not be directly observable. to the No-migration Demonstration and abandoned under a plan approved Under the no migration standard, a by EPA. Well # 1–20 is properly The petitioner chose to demonstrate demonstration need not show exactly completed, is not abandoned, and will that waste injected at the EDS facility what will occur, but rather what be permanently plugged and abandoned wastes will remain in the injection zone conditions will not occur. Conservative pursuant UIC requirements. Therefore, a and will not migrate to a point of modeling can be used to ‘‘bound the corrective action plan under 40 CFR discharge or interface with an problem’’ and can legitimately form the 148.20(a)(iii) and 146.64 is not required. underground source of drinking water It is probable that Sun Pipe Line basis for the petition demonstration. for a period of 10,000 years. This Company will drill at least one injection (See 50 FR 28126–28127 (July 26, demonstration was based on a showing well slightly more than one half mile 1988)). that a geological model representative of from the nearest EDS well. Region 5 2. Model Validation the disposal reservoir and the overlying issued a permit for the construction of rock strata would contain the waste a well to be used for the injection of The conceptual model incorporated constituents within the disposal non-hazardous salt brine about 2,800 within the ‘‘no-migration’’ reservoir for a period of 10,000 years feet northeast of the nearest EDS well. demonstration must be validated. The under the conditions of the simulation. objective of model validation is to Any injection wells which the Sun Pipe 1. Model Development and Calibration Line Company drills will be constructed demonstrate that the model adequately to standards approved by Region 5 for represents the type of rock layers, the The development of the EDS model the protection of USDWs and the physical processes of the injection zone, was conceived to be conservative to construction will be overseen by Region and the boundary conditions of the account for the uncertainties which 5’s contract inspectors. modeled interval. exist because of inherent geological Because no wells penetrating the In this case, a two-layer model was variability and because the subject wells confining zone or injection zone are found to match the pressure responses had not been constructed at the time the improperly plugged, completed or measured during an interference test. modeling was begun. A conceptual abandoned, a corrective action plan is We know from the measurements made model was developed using information not required under 40 CFR 146.64 and during drilling that there are many developed from logs, core and other 148.20(a)(2)(iii). layers of significantly different testing carried out during drilling of the properties within the injection zone. EDS #1–20 well. The model included 6. Absence of Known Transmissive However, it is often the case that the hydrogeologic information such as Faults effects of many layers can be porosity, permeability, and thickness of There are no known transmissive consolidated so that a simpler model the various zones. Next, this initial set faults in the Glenwood, Trempealeau, can be used. The values determined for of hydrogeologic parameters was and Franconia Formations, the strata the two model layers are reasonable calibrated or fine-tuned by comparing within the injection zone that will based on the type of rock in the pressure responses predicted using confine fluid movement. Moreover, the injection zone and the actual these parameters to pressure records interference test conducted on June 12– measurements of physical properties. As from injection tests of wells #1–12 and
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2–12 made during the period from June wells, the model has been proved to be increasing the injection rate to 270 gpm, 12–15, 2002. a valid surrogate for the reservoir itself. was assumed to exist for the length of Other model parameters, such as EDS actually modeled pressure buildup the entire operational period. The viscosity of the injected fluid, and and plume movement only in the maximum pressure buildup will be diffusion coefficients of the waste thinner zone (33 feet thick with 400 md greatest near the injection wells and will constituents, were assigned from site- permeability) to simplify the predictive decrease outward, declining to less than specific information when possible, and modeling, This is conservative because 89.6 psi at a distance of 4.4 miles (the otherwise based on values which have it results in a more widespread plume edge of the regulatory Area of Review) been reported in similar situations and and a larger radius for the zone of at the end of the 20-year operational appeared in peer-reviewed writings. endangering influence than the use of period. Where parameters were uncertain, the full two-layer model would. Analytical solutions were also used to conservative values were chosen. For Although the results are less accurate predict vertical waste migration. To be those parameters most affecting pressure than they might be, the deviation from conservative, EDS doubled the length of build up and waste migration, such as accuracy is toward making the results the operational period, assumed that the permeability, a range of values was appear to be ‘‘worse’’ than we have maximum pressure will exist modeled so that pressure and migration reason to expect. Because we are less throughout this period, and found that under less favorable conditions could be interested in accuracy than in ensuring injectate will penetrate through 10.1 feet determined. This sensitivity analysis we made conservative assumptions, of the arresting strata. indicated that containment of wastes such simplifications are an acceptable During the post-operational period, within the injection zone would occur and commonly used practice. pressure in the injection zone will even if actual conditions are much less 2. Model Predictions decrease and cease to cause movement. favorable than there is reason to suspect. Molecular diffusion, which is random The original model assumed that flow Two simulation time periods were motion of individual molecules through within the injection zone would be considered in the demonstration: A 20- the watery fluid which permeates even within a single zone of uniform year operational period and a 10,000- apparently dense rock, becomes the properties. This model failed to allow year post-operational period. For the primary mechanism causing upward simulations of tests made in the #2–12 operational period, vertical migration migration. EDS used an integrating well to match pressures actually was calculated as though the maximum measured. EDS conducted an allowable pressure was used for method, taking into account lithologic interference test by injecting water into injection through the entire operational differences for each foot of movement, one well and measuring the pressure in period. For the post-operational period, to calculate vertical diffusion distance the other well to eliminate the pressure additional lateral migration due to the above the level reached by injectate effects caused by residual blocking of natural flow gradient and buoyancy, and during the operational period. This pore throats in the sandstone reservoir additional vertical migration due to method also used the highest coefficient adjacent to the well bores. Good data molecular diffusion were simulated. of molecular diffusion for any waste constituent and a concentration were obtained through this test, but the Modeling results, and the parameter ¥ simulator could still not match the choices which ensure that these results reduction to one trillionth (10 12) of measured pressures. Other models were represent reasonably conservative the starting concentration. This means tried. A model incorporating layers conditions, are presented below. that the resulting distance is that at having differing permeability with flow For the simulated operational period, which the concentration of any possible between the layers was found the total simulated injection rate for the constituent will be less than one part in to result in a remarkably close match. facility was set at 166 gpm for the first a trillion. For constituents which are The poorest match between correlative 19 years and 11 months of the 20-year still toxic at concentrations of one in a simulated and measured pressure values service life. For the final month, the trillion, EPA will impose limits on was within 1.5%. For the most part, the simulated rate was increased to 270 gpm starting concentrations in the injectate simulator was able to match the real for a single well. This rate plan results to ensure that no constituent will data almost perfectly. The successful in the highest possible pressurization of migrate beyond the resulting distance in model includes one layer which is 33 the reservoir. However, the 33-foot hazardous concentrations. The EDS UIC feet thick with a permeability of 400 md reservoir layer accepted half of this permits will be modified to incorporate and one which is 190 feet thick with a volume while the 190 feet of the well these limits. The maximum vertical permeability of 63.43 md, as mentioned bore with lower permeability accepted movement of the waste front during the above in the Injection Zone Description. the remainder. This flow split was post-operational period is 227 feet from The porosity of both zones was set at determined through the simulation. The the assumed starting point at 3,925 feet 11%. product of the thickness and the average upward to 3,698 feet, 239 feet below the This two-layer model is a reasonable permeability of a zone relative to other top of the injection zone. This is a explanation of how the disposal available zones determines the fraction conservative estimate because it reservoir which was investigated during of flow which it will accept. The assumes 100% concentration of the the drilling of the three EDS wells will pressure increase in the 33-foot zone is most mobile constituent at the limit of react to injection. The logs and cores the only result which was calculated. pressure driven fluid movement for the showed that there are many individual Assuming injection at the maximum entire post-operational period. layers with varying permeability and rate into a portion of the injection zone Therefore, the waste will be contained that their effective net thickness is in provides a conservative cushion to the within the vertical limits of the the range of 200 to 250 feet. The average demonstration by causing an over- permitted injection zone throughout the net porosity of these layers is about prediction of waste migration. To post-operational period. 11%. Other values used in the simplify computation and make the Lateral migration of the waste plume simulation also match those measured assumptions more conservative, the during the operational period is driven or calculated using standard procedures. increase of 1,176 psi, which was almost exclusively by injection As a result of approximating predicted to occur only at the end of the pressure. If 100% displacement of measurements made by tests in the operational period as a result of formation waters from a cylinder of rock
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33 feet thick with an effective porosity of movement due to the effects of health-based limit 27,539 feet beyond of 11% is assumed, the plume edge buoyancy is conservative. the end of the undispersed plume edge. would be 3,199 feet from a single well The direction of buoyancy flow is 42 At this distance, all hazardous at the end of the 20-year simulation degrees west of north for a heavier waste constituents will be below the health- period. This distance is further and 166 degrees east of north for a based levels or detection limits. To increased as a result of failure to lighter waste. EDS assumed that 100% calculate the total distance of movement displace 100% of native formation of the waste to be injected will be a in the updip direction, the original waters from the cylinder surrounding brine with a specific gravity of 1.22 (the radius of the plume (3,199 feet), the the wells. The effect of this failure and heaviest fluid which might be injected) distances which the centroid is diversion of waste from straightline when calculating the distance of flow displaced by injection through other movement as a result of diversion down into the Basin. When calculating wells (2,870 feet), regional flow (4,000 around sand grains is called dispersion. the distance of movement up dip they feet), buoyancy (14,792 feet), and the The effects of dispersion can be assumed 100% of the waste will be distance added by dispersion must all calculated. The preparers of the EDS methanol (the lightest fluid which might be added, taking into account demonstration used a reasonably be injected) with a specific gravity of differences in the directions of the conservative estimate of 300 feet for 0.88. Because the difference between the component vectors, including an longitudinal dispersivity and 25% of specific gravities of the native brine additional 1,580 feet which SWIFT that value, 75 feet, for transverse (1.153) and methanol is greater than the modeling indicates should be added to dispersivity. Dispersion will increase difference between those of a heavy the results determined using the the distance of flow by 13,607 feet in waste, 1.22, and the native brine, the analytical method. Therefore, the direction opposite the Sun wells. distance of movement due to buoyancy maximum predicted lateral migration of Therefore, at the end of the projected will be greater to the southeast. The waste at the EDS site is 52,990 feet (10 20-year operational period, the total angle of dip must also be considered. miles) in the updip, or southsoutheast, distance from the center of the plume to The dip to the southeast is 1.14 degrees direction. the southwest edge of the plume and that to the northwest is about 0.68 EDS used similar methods to calculate determined at the 10–12 concentration degrees. To be conservative, the greater the distance of movement in various ratio (initial concentration/final angle of dip was used to calculate the directions away from the injection concentration) is 16,806 feet. As distances in both directions. The wells. The downdip plume edge was mentioned in the Area of Review distance of updip movement of the found to be within 36,158 feet or 6.85 Section, it is possible that Sun Pipeline centroid of the plume possible as a miles of the injection center in a will be injecting 2000 gpm for about two result of buoyancy is 14,792 feet in a northwesterly direction. The nearest years during the life of the EDS well at direction 166 degrees east of north if the point of discharge into a USDW is its Inkster Terminal one half mile to the entire plume is as light as methanol. hundreds of miles to the west. Figure 2 Calculations based on the northeast of the EDS facility. This shows the distances beyond which we measurements made at the #2–12 well injection would cause the center of the can be very certain that the waste will and several others indicated that the plume to be displaced 2,870 feet to the not spread through a period of 10,000 rate of flow is 0.4 ft/year in a southwest, 141 degrees west of north. years. Therefore, EDS has demonstrated northeasterly direction. The effect of This would drive the southwest edge of to a reasonable degree of certainty that regional flow could result in an the plume 6,069 feet from the center of hazardous constituents will not migrate additional 4,000 feet of drift plus EDS’ injection. Dispersion would vertically out of the injection zone nor associated dispersion to the movement increase this to 16,806 feet. Therefore, laterally to a point of discharge in a of the waste plume over 10,000 years. 10,000 year period. the plume could extend more than three Because the direction of flow is actually miles from the wells at the end of the somewhat uncertain, the 4,000 feet of G. Quality Assurance and Quality projected 20-year operational period. possible movement due to regional flow Control This distance is within the area of was added to the total distance of the EDS and its consultants have review. movement regardless of which direction demonstrated that adequate quality The simulation of plume-flow it was calculated. The net updip assurance and quality control plans distance and direction during the post- movement of the plume centroid is were followed in preparing the petition. operational period considered buoyancy 20,672 feet in a direction 172 degrees EPA approved a quality assurance and the natural flow within the Mt. east of north. project plan on November 1, 2001. Some Simon and Eau Claire Formations added From that point, an analytical method changes were made to accommodate to the movement which occurs during was used to account for dispersive changes in plans. These were reviewed the operation of the wells. Buoyancy spread and project plume movement to and given informal approval as flow occurs because the strata into the health-based limits. To make this necessary. EDS followed an appropriate which waste will be injected dip calculation, the distance the center of protocol for locating records for slightly northwest into the Michigan the plume is displaced by regional flow penetrations in the AOR, for collection Basin and the specific gravity of the (4,000 feet), the distance the center of and analyses of geologic and injected waste will be different than that the plume is displaced by buoyancy hydrogeologic data, for waste of the native water now filling the pores (14,792 feet), and the distance the center characterization, and for all tasks in the injection zone. Buoyancy of the plume might be displaced by the associated with the modeling resulting from either lighter waste being proposed Sun injection (2,870 feet), demonstration. injected into a more dense native brine each acting alone, are added, for a total or a denser waste being injected into a distance of 21,662 feet. As explained III. Conditions of Petition Approval less dense natural formation water earlier, the edge of the plume of In order to receive an exemption from results in a substantial movement of the hazardous waste is found where the the ban on injection of certain waste front. Because of the conservative concentration of waste constituents is hazardous wastes, the EDS injection assumptions concerning the specific reduced to one trillionth of the original operation must meet the no-migration gravity of the injected waste, the amount concentration. Dispersion will move the standard and the operation must be
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protective of human health and the (4) Maximum concentrations of approved a new, valid demonstration of environment. Federal regulations at 40 chemical contaminants which are no migration from the injection. CFR 146.13(a) establish the standard for hazardous at less than one part in a There are currently no extraction a safe injection pressure. Region 5 has trillion (1:1,000,000,000,000) shall have wells within the AOR, and the determined that operation at or below limits for maximum concentration at the demonstration does not consider the fracture closure pressure is the best well head set through the permits; effects of any extraction, such as the (5) The injection pressure at the well means of assuring that the facility’s extraction of fluid from the Mt. Simon head shall be limited to fracture opening injection pressure will be protective of proposed by the SPL in the permit human health and the environment. pressure at the casing shoe. The fracture application denied by MDEQ. If SPL Therefore, as a condition of granting this opening pressure while injecting waste drills and operates one or more exemption from the ban on injection of of the highest density to be allowed was extraction wells in the AOR, then the certain hazardous wastes, the EPA will determined to be 903 psi (gauge) at the conditions under which the EPA impose following conditions: well head by tests constructed during determined the no-migration (1) The permitted injection zone must drilling of well #2–12. be comprised of the Precambrian, Mt. (6) The petitioner shall fully comply demonstration to be valid would no Simon and Eau Claire, Franconia- with all requirements set forth in longer exist and the Director will Dresbach, Trempealeau, and Glenwood Underground Injection Control Permits terminate the exemption. EDS would be Formations from 3,369 to 4,550 feet #MI–163–1W–C007 and #MI–163–1W– prohibited from injection of hazardous below the surface; C008 issued by the EPA. wastes and authorization to inject (2) Injection shall occur only into that (7) This exemption is only granted nonhazardous wastes would probably part of the Fraconia-Dresbach, Eau while the underlying assumptions are be withdrawn. EDS would be allowed to Claire, Mt. Simon, and Precambrian valid. For instance, if the injection rate resume injection only if a new Formations which is more than 3,900 at the SPL facility exceeds 2000 gpm demonstration, demonstrating feet below the surface and less than averaged over a period of a year, EDS compliance with the standards of 40 4,550 feet, true vertical depths, below must run a new simulation to evaluate CFR part 148, subpart C were approved. the surface; the effect. Dated: November 15, 2002. (3) The volume of wastes injected in (8) The exemption will become Sally K. Swanson, any month through both wells at the site invalid 20 years after injection Director, Water Division, Region 5. must not exceed 7,275,780 gallons. This commences. EDS must halt operations volume will be calculated each month; at that time unless Region 5 has BILLING CODE 6560–50–P
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[FR Doc. 02–31672 Filed 12–19–02; 8:45 am] presentations and discussions of section 303(d) of the Clean Water Act BILLING CODE 6560–50–C priority topics. To obtain a copy of the (CWA). This TMDL was completed in meeting agenda, contact Lois Gartner at response to a court order in the lawsuit (703) 603–9046. styled Sierra Club, et al. v. Clifford et ENVIRONMENTAL PROTECTION al., No. 96–0527, (E.D. La.). AGENCY Public Attendance DATES: Comments must be submitted in [FRL–7425–9] The public is welcome to attend all writing to EPA on or before January 21, portions of the meeting. Members of the 2003. National Advisory Council on public who plan to file written ADDRESSES: Environmental Policy and Technology statements and/or make brief (suggested Comments on the 1 TMDL (NACEPT) Superfund Subcommittee 5-minute limit) oral statements at the should be sent to Ellen Caldwell, Meeting public sessions are encouraged to Environmental Protection Specialist, contact the Designed Federal Officer. Water Quality Protection Division, U.S. AGENCY: Environmental Protection Environmental Protection Agency FOR FURTHER INFORMATION CONTACT: Lois Agency (EPA). Region 6, 1445 Ross Ave., Dallas, TX H. Gartner, Designated Federal Officer 75202–2733. For further information, ACTION: Notification of public advisory for the NACEPT Superfund contact Ellen Caldwell at (214) 665– NACEPT subcommittee on Superfund; Subcommittee, Office of Emergency and 7513. The administrative record file for open meeting. Remedial Response, Office of Solid the 1 TMDL is available for public Waste and Emergency Response, MC SUMMARY: Pursuant to the Federal inspection at this address as well. 5204G, 1200 Pennsylvania Ave., NW., Advisory Committee Act, Pub. L. 92– Documents from the administrative Washington, DC 20004, (703) 603–9046. 463, notice is hereby given that the record file may be viewed at Superfund Subcommittee, a Dated: December 16, 2002. www.epa.gov/region6/water/tmdl.htm, subcommittee of the National Advisory Lois H. Gartner, or obtained by calling or writing Ms. Council on Environmental Policy and Designated Federal Officer, NACEPT Caldwell at the above address. Please Technology (NACEPT), will meet on the Superfund Subcommittee. contact Ms. Caldwell to schedule an date and time described below. The [FR Doc. 02–32135 Filed 12–19–02; 8:45 am] inspection. meeting is open to the public. Seating BILLING CODE 6560–50–P will be on a first-come basis and limited FOR FURTHER INFORMATION CONTACT: time will be provided for public Ellen Caldwell at (214) 665–7513. comment on each day. ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: In 1996, DATES: The meeting will be held from AGENCY two Louisiana environmental groups, 8:30 a.m. to 5:30 p.m. on January 7, the Sierra Club and Louisiana 2003; from 8 a.m. to 12:15 p.m. on [FRL–7424–5] Environmental Action Network January 8, 2003. Clean Water Act Section 303(d): (plaintiffs), filed a lawsuit in Federal ADDRESSES: The meeting will take place Availability of 1 Total Maximum Daily Court against the United States at the Hyatt Regency Washington on Load (TMDL) Environmental Protection Agency Capital Hill at 400 New Jersey Avenue, (EPA), styled Sierra Club, et al. v. NW., Washington, DC 20001. AGENCY: Environmental Protection Clifford et al., No. 96–0527, (E.D. La.). SUPPLEMENTARY INFORMATION: Agency (EPA). Among other claims, plaintiffs alleged ACTION: Notice of availability. that EPA failed to establish Louisiana Agenda TMDLs in a timely manner. The third meeting of the Superfund SUMMARY: This notice announces the EPA Seeks Comment on 1 TMDL Subcommittee will involve reports from availability for comment of the the Subcommittee’s working groups administrative record file for 1 TMDL By this notice EPA is seeking about their activities since the last full and the calculations for this TMDL comment on the following 1 TMDL for Subcommittee met in September 2002. prepared by EPA Region 6 for waters waters located within the Ouachita river The meeting will also include listed in the Ouachita river basin, under basin:
Subsegment Waterbody name Pollutant
081602 (and associated subsegments)...... Little River—From Bear Creek to Catahoula Lake Mercury in fish tissue. (Scenic).
EPA requests that the public provide Dated: December 12, 2002. FEDERAL COMMUNICATIONS any water quality related data and Miguel I. Flores, COMMISSION information that may be relevant to the Director, Water Quality Protection Division, calculations for 1 TMDL. EPA will Region 6. Notice of Public Information review all data and information [FR Doc. 02–31976 Filed 12–19–02; 8:45 am] Collection(s) Being Reviewed by the Federal Communications Commission submitted during the public comment BILLING CODE 6560–50–P period and revise the TMDL where December 12, 2002. appropriate. EPA will then forward the TMDL to the Louisiana Department of SUMMARY: The Federal Communications Environmental Quality (LDEQ). The Commission, as part of its continuing LDEQ will incorporate the TMDL into effort to reduce paperwork burden its current water quality management invites the general public and other Federal agencies to take this plan. opportunity to comment on the
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following information collection(s), as Needs and Uses: The FCC has seven-digit code, synonymous with a required by the Paperwork Reduction standards for accounting authorities in telephone area code that identifies each Act of 1995, Public Law 104–13. An the maritime mobile and maritime- international carrier. The Commission agency may not conduct or sponsor a satellite radio services. Information will assigns ISPC’s to international carriers collection of information unless it be used to determine eligibility of in response to their filing of an ISPC displays a currently valid control applicants for certification as an application on the electronic, Internet- number. No person shall be subject to accounting authority, to create internal based International Bureau Filing any penalty for failing to comply with studies and ensure compliance, and to System (IBFS). The Commission issues a collection of information subject to the identify accounting authorities to the the code to international carriers free of Paperwork Reduction Act (PRA) that International Telecommunications charge on a first-come, first-served basis does not display a valid control number. Union (ITU). Respondents are and informs the International Comments are requested concerning (a) individuals or entities seeking Telecommunications Union (ITU) of its whether the proposed collection of certification or those already certified to actions. information is necessary for the proper be accounting authorities. Federal Communications Commission. performance of the functions of the OMB Control No.: 3060–XXXX. Marlene H. Dortch, Commission, including whether the Title: Data Network Identification Secretary. information shall have practical utility; Code (DNIC). [FR Doc. 02–32006 Filed 12–19–02; 8:45 am] (b) the accuracy of the Commission’s Form No: N/A. burden estimate; (c) ways to enhance Type of Review: New collection. BILLING CODE 6712–01–P the quality, utility, and clarity of the Respondents: Business or other for- information collected; and (d) ways to profit. minimize the burden of the collection of Number of Respondents: 5. FEDERAL DEPOSIT INSURANCE information on the respondents, Estimated Time Per Response: .25 CORPORATION including the use of automated hours. collection techniques or other forms of Frequency of Response: On occasion Notice of Agency Meeting information technology. reporting requirement. Pursuant to the provisions of the DATES: Written comments should be Total Annual Burden: 1 hour. ‘‘Government in the Sunshine Act’’ (5 submitted on or before January 21, 2003. Total Annual Cost: N/A. U.S.C. 552b), notice is hereby given that If you anticipate that you will be Needs and Uses: A Data Network at 10:09 a.m. on Tuesday, December 17, submitting comments, but find it Identification Code (DNIC) is a unique, 2002, the Board of Directors of the difficult to do so within the period of four-digit designed to provide discreet Federal Deposit Insurance Corporation time allowed by this notice, you should identification of individual public data met in closed session to consider advise the contact listed below as soon networks. The DNIC is intended to matters relating to the Corporation’s as possible. identify and permit automated corporate, supervisory, and resolution ADDRESSES: Direct all comments to switching of data traffic to particular activities. Judith Boley Herman, Federal networks. The Commission grants the In calling the meeting, the Board Communications Commission, Room 1– DNIC’s to operators of public data determined, on motion of Vice C804, 445 12th Street, SW., Washington, networks on an international protocol. Chairman John M. Reich, seconded by DC 20554 or via the Internet to The operators of public data networks Director James E. Gilleran (Director, [email protected]. file an application for a DNIC on the Office of Thrift Supervision), concurred Internet-based, International Bureau in by Director John D. Hawke, Jr. FOR FURTHER INFORMATION CONTACT: For Filing System (IBFS). The DNIC is (Comptroller of the Currency), and additional information or copies of the obtained free of charge on a one-time Chairman Donald E. Powell, that information collection(s), contact Judith only basis unless there is a change in Corporation business required its Boley Herman at 202–418–0214 or via ownership or the owner chooses to consideration of the matters on less than the Internet at [email protected]. relinquish the code to the Commission. seven days’ notice to the public; that no SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–XXXX. earlier notice of the meeting was OMB Control No.: 3060–0584. Title: International Signaling Point practicable; that the public interest did Title: Administration of U.S. Certified Code (ISPC). not require consideration of the matters Accounting Authorities in Maritime Form No: N/A. in a meeting open to public observation; Mobile and Maritime Mobile-Satellite Type of Review: New collection. and that the matters could be Radio Services. Respondents: Business or other for- considered in a closed meeting by Form Nos: FCC Forms 44 and 45. profit. authority of subsections (c)(2), (c)(4), Type of Review: Revision of a Number of Respondents: 40. (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and currently approved collection. Estimated Time Per Response: .166 (c)(10) of the ‘‘Government in the Respondents: Individuals or hours (10 minutes). Sunshine Act’’ (5 U.S.C. 552b(c)(2), households, business or other for-profit. Frequency of Response: On occasion (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), Number of Respondents: 25 reporting requirement, third party and (c)(10)). respondents; 50 responses. disclosure requirement. The meeting was held in the Board Estimated Time Per Response: 1–3 Total Annual Burden: 7 hours. Room of the FDIC Building located at hours. Total Annual Cost: N/A. 550–17th Street, NW., Washington, DC. Frequency of Response: On occasion, Needs and Uses: An International Dated: December 17, 2002. semi-annual and annual reporting Signaling Point Code (ISPC) is a requirements, third party disclosure signaling point code with a unique Federal Deposit Insurance Corporation. requirement, recordkeeping format used at the international level for Valerie J. Best, requirement. signaling message routing and Assistant Executive Secretary. Total Annual Burden: 150 hours. identification of signaling points [FR Doc. 02–32263 Filed 12–18–02; 1:36 pm] Total Annual Cost: N/A. involved. The ISPC consists of a unique BILLING CODE 6714–01–M
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FEDERAL EMERGENCY FOR FURTHER INFORMATION CONTACT: You were authorized to provide Individual MANAGEMENT AGENCY Requests for additional information or Assistance and Public Assistance in the copies of the information collection designated areas, and Hazard Mitigation Agency Information Collection should be made to Muriel B. Anderson, throughout the State. Consistent with the Activities: Submission for OMB Chief, Records Management Branch, requirement that Federal assistance be Review; Comment Request Information Resources Management supplemental, any Federal funds provided Division, Information Technology under the Stafford Act for Public Assistance, ACTION: Notice and request for Services Directorate, Federal Emergency Hazard Mitigation, and the Other Needs comments. Management Agency, 500 C Street, SW., Assistance under Section 408 of the Stafford Act will be limited to 75 percent of the total SUMMARY: The Federal Emergency Room 316, Washington, DC 20472. Facsimile number (202) 646–3347, or eligible costs. Management Agency has submitted the Further, you were authorized to make following proposed information email address: [email protected]. changes to this declaration to the extent collection to the Office of Management allowable under the Stafford Act. and Budget for review and clearance in Dated: December 12, 2002. accordance with the requirements of the Edward W. Kernan, The time period prescribed for the Paperwork Reduction Act of 1995 (44 Division Director, Information Resources implementation of section 310(a), U.S.C. 3507). Management Division, Information Priority to Certain Applications for Title: Flood Mitigation Assistance— Technology Services Directorate. Public Facility and Public Housing Flood Mitigation Plan. [FR Doc. 02–32036 Filed 12–19–02; 8:45 am] Assistance, 42 U.S.C. 5153, shall be for Type of Information Collection: BILLING CODE 6718–01–P a period not to exceed six months after Reinstatement, without change, of a the date of this declaration. previously approved collection for which approval has expired. FEDERAL EMERGENCY Notice is hereby given that pursuant OMB Number: 3067–0271. MANAGEMENT AGENCY to the authority vested in the Director of Abstract: States and communities the Federal Emergency Management [FEMA–1442–DR] must have a FEMA approved flood Agency under Executive Order 12148, I hereby appoint C. Michel Butler of the mitigation plan before FEMA will award Alabama; Major Disaster and Related Federal Emergency Management Agency project grant assistance to a State or Determinations community applicant. FEMA and the to act as the Federal Coordinating States will use local community flood AGENCY: Federal Emergency Officer for this declared disaster. mitigation plans to identify the need to Management Agency (FEMA). I do hereby determine the following provide technical assistance to local ACTION: Notice. areas of the State of Alabama to have governments lacking sufficient SUMMARY: This is a notice of the been affected adversely by this declared resources to complete FMA grant major disaster: applications. Secondly, and more Presidential declaration of a major importantly, the local or State disaster for the State of Alabama Barbour, Bibb, Blount, Calhoun, Cherokee, government that develops the plan will (FEMA–1442–DR), dated November 14, Cleburne, Cullman, Dale, DeKalb, Etowah, use it to make land use decisions, 2002, and related determinations. Fayette, Franklin, Greene, Hale, Henry, implement zoning changes, encourage EFFECTIVE DATE: November 14, 2002. Houston, Jefferson, Lamar, Lawrence, smarter development, and implement FOR FURTHER INFORMATION CONTACT: Marion, Marshall, Morgan, Pickens, Shelby, projects to reduce the impacts of Magda Ruiz, Response and Recovery St. Clair, Talladega, Tuscaloosa, Walker and flooding on insurable structures. Directorate, Federal Emergency Winston Counties for Individual Assistance. Affected Public: State, Local or Tribal Management Agency, Washington, DC Cullman, Cherokee, Fayette, and Walker Government. 20472, (202) 646–2705 or Counties for Public Assistance. Number of Respondents: 616. [email protected]. All counties within the State of Estimated Time Per Respondent: SUPPLEMENTARY INFORMATION: Notice is Alabama are eligible to apply for Develop new Flood Mitigation Plans— hereby given that, in a letter dated assistance under the Hazard Mitigation 440 hours; November 14, 2002, the President Grant Program. Modify, refine existing Flood Mitigation declared a major disaster under the Plans—40 hours; (The following Catalog of Federal Domestic authority of the Robert T. Stafford Assistance Numbers (CFDA) are to be used Update existing Flood Mitigation Plans Disaster Relief and Emergency and forward to the State—200 hours; for reporting and drawing funds: 83.537, Assistance Act, 42 U.S.C. 5121–5206 Community Disaster Loans; 83.538, Cora States review, evaluate, and coordinate (the Stafford Act), as follows: on Flood Mitigation Plans and Brown Fund Program; 83.539, Crisis forward to FEMA for approval—40 I determined on November 14, 2002, that Counseling; 83.540, Disaster Legal Services the damage in certain areas of the State of hours. Program; 83.541, Disaster Unemployment Alabama, resulting from severe storms and Assistance (DUA); 83.556, Fire Management Estimated Total Annual Burden tornadoes on November 5–12, 2002, was of Assistance; 83.558, Individual and Hours: 116,624. sufficient severity and magnitude to warrant Household Housing; 83.559, Individual and a major disaster declaration under the Robert Frequency of Response: On Occasion. Household Disaster Housing Operations; T. Stafford Disaster Relief and Emergency Comments: Interested persons are 83.560 Individual and Household Program- invited to submit written comments on Assistance Act, 42 U.S.C. 5121–5206 (the Stafford Act). I, therefore, declared that such Other Needs, 83.544, Public Assistance the proposed information collection to Grants; 83.548, Hazard Mitigation Grant the Desk Officer for the Federal a major disaster existed in the State of Alabama. Program.) Emergency Management Agency, Office In order to provide Federal assistance, you Joe M. Allbaugh, of Information and Regulatory Affairs, were authorized to allocate from funds Director. Office of Management and Budget, available for these purposes, such amounts as Washington, DC 20503 within 30 days you find necessary for Federal disaster [FR Doc. 02–32041 Filed 12–19–02; 8:45 am] of the date of this notice. assistance and administrative expenses. BILLING CODE 6718–02–P
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FEDERAL EMERGENCY disaster for the State of Alaska (FEMA– Kenai Peninsula Borough and Chignik Bay MANAGEMENT AGENCY 1445–DR), dated December 4, 2002, and area, to include Chignik Lake and Chignik related determinations. Lagoon for Public Assistance. [FEMA–1440–DR] EFFECTIVE DATE: December 4, 2002. All areas within the State of Alaska Alaska; Amendment No. 3 to Notice of FOR FURTHER INFORMATION CONTACT: are eligible to apply for assistance under a Major Disaster Declaration Magda Ruiz, Response and Recovery the Hazard Mitigation Grant Program. Directorate, Federal Emergency (The following Catalog of Federal Domestic AGENCY: Federal Emergency Management Agency, Washington, DC Assistance Numbers (CFDA) are to be used Management Agency (FEMA). 20472, (202) 646–2705 or for reporting and drawing funds: 83.537, ACTION: Notice. [email protected]. Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: Notice is Counseling; 83.540, Disaster Legal Services of a major disaster declaration for the hereby given that, in a letter dated Program; 83.541, Disaster Unemployment State of Alaska, (FEMA–1440–DR), December 4, 2002, the President Assistance (DUA); 83.556, Fire Management dated November 8, 2002, and related declared a major disaster under the Assistance; 83.558, Individual and determinations. authority of the Robert T. Stafford Household Housing; 83.559, Individual and Disaster Relief and Emergency Household Disaster Housing Operations; EFFECTIVE DATE: December 11, 2002. Assistance Act, 42 U.S.C. 5121–5206 83.560 Individual and Household Program- FOR FURTHER INFORMATION CONTACT: (the Stafford Act), as follows: Other Needs, 83.544, Public Assistance Magda Ruiz, Response and Recovery Grants; 83.548, Hazard Mitigation Grant Directorate, Federal Emergency I have determined that the damage in Program.) certain areas of the State of Alaska, resulting Joe M. Allbaugh, Management Agency, Washington, DC from severe winter storms, flooding, coastal 20472, (202) 646–2705 or erosion and tidal surge on October 23, 2002, Director. [email protected]. through November 12, 2002, is of sufficient [FR Doc. 02–32043 Filed 12–19–02; 8:45 am] SUPPLEMENTARY INFORMATION: The notice severity and magnitude to warrant a major BILLING CODE 6718–02–P of a major disaster declaration areas disaster declaration under the Robert T. Stafford Disaster Relief and Emergency among those areas determined to have Assistance Act, 42 U.S.C. 5121–5206 (the FEDERAL EMERGENCY been adversely affected by the Stafford Act). I, therefore, declare that such catastrophe declared a major disaster by a major disaster exists in the State of Alaska. MANAGEMENT AGENCY the President in his declaration of In order to provide Federal assistance, you [FEMA–1443–DR] November 8, 2002: are hereby authorized to allocate from funds available for these purposes, such amounts as Delta Greely Regional Educational Mississippi; Amendment No. 1 to you find necessary for Federal disaster Notice of a Major Disaster Declaration Attendance Area and Fairbanks North Star assistance and administrative expenses. Borough for Individual Assistance (already You are authorized to provide Individual AGENCY: Federal Emergency designated for Categories A and B under the Assistance and Public Assistance in the Management Agency (FEMA). Public Assistance program). designated areas, and Hazard Mitigation (The following Catalog of Federal Domestic throughout the State. Consistent with the ACTION: Notice. Assistance Numbers (CFDA) are to be used requirement that Federal assistance be SUMMARY: This notice amends the notice for reporting and drawing funds: 83.537, supplemental, any Federal funds provided Community Disaster Loans; 83.538, Cora under the Stafford Act for Public Assistance, of a major disaster declaration for the Brown Fund Program; 83.539, Crisis Hazard Mitigation, and the Other Needs State of Mississippi, (FEMA–1443–DR), Counseling; 83.540, Disaster Legal Services Assistance under Section 408 of the Stafford dated November 14, 2002, and related Program; 83.541, Disaster Unemployment Act will be limited to 75 percent of the total determinations. eligible costs. Assistance (DUA); 83.556, Fire Management EFFECTIVE DATE: November 22, 2002. Assistance; 83.558, Individual and Further, you are authorized to make Household Housing; 83.559, Individual and changes to this declaration to the extent FOR FURTHER INFORMATION CONTACT: Household Disaster Housing Operations; allowable under the Stafford Act. Magda Ruiz, Response and Recovery 83.560 Individual and Household Program- The time period prescribed for the Directorate, Federal Emergency Other Needs, 83.544, Public Assistance implementation of section 310(a), Management Agency, Washington, DC Grants; 83.548, Hazard Mitigation Grant Priority to Certain Applications for 20472, (202) 646–2705 or Program.) Public Facility and Public Housing [email protected]. Joe M. Allbaugh, Assistance, 42 U.S.C. 5153, shall be for SUPPLEMENTARY INFORMATION: The notice Director. a period not to exceed six months after of a major disaster declaration for the [FR Doc. 02–32037 Filed 12–19–02; 8:45 am] the date of this declaration. State of Mississippi is hereby amended Notice is hereby given that pursuant BILLING CODE 6718–02–P to include the following areas among to the authority vested in the Director of those areas determined to have been the Federal Emergency Management adversely affected by the catastrophe FEDERAL EMERGENCY Agency under Executive Order 12148, I declared a major disaster by the MANAGEMENT AGENCY hereby appoint William Lokey of the President in his declaration of Federal Emergency Management Agency November 14, 2002: [FEMA–1445–DR] to act as the Federal Coordinating Officer for this declared disaster. Lafayette County for Public Assistance. Alaska; Major Disaster and Related I do hereby determine the following (The following Catalog of Federal Domestic Determinations areas of the State of Alaska to have been Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, AGENCY: Federal Emergency affected adversely by this declared Community Disaster Loans; 83.538, Cora Management Agency (FEMA). major disaster: Brown Fund Program; 83.539, Crisis ACTION: Notice. Kenai Peninsula Borough, Kodiak Island Counseling; 83.540, Disaster Legal Services Borough and Chignik Bay area, to include Program; 83.541, Disaster Unemployment SUMMARY: This is a notice of the Chignik Lake and Chignik Lagoon for Assistance (DUA); 83.556, Fire Management Presidential declaration of a major Individual Assistance. Assistance; 83.558, Individual and
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Household Housing; 83.559, Individual and Further, you were authorized to make FOR FURTHER INFORMATION CONTACT: Household Disaster Housing Operations; changes to this declaration to the extent Magda Ruiz, Response and Recovery 83.560 Individual and Household Program- allowable under the Stafford Act. Directorate, Federal Emergency Other Needs, 83.544, Public Assistance Management Agency, Washington, DC Grants; 83.548, Hazard Mitigation Grant The time period prescribed for the Program.) implementation of section 310(a), 20472, (202) 646–2705 or Priority to Certain Applications for [email protected]. Joe M. Allbaugh, Public Facility and Public Housing SUPPLEMENTARY INFORMATION: The notice Director. Assistance, 42 U.S.C. 5153, shall be for of a major disaster declaration for the [FR Doc. 02–32039 Filed 12–19–02; 8:45 am] a period not to exceed six months after State of Tennessee is hereby amended to BILLING CODE 6718–02–P the date of this declaration. include the following areas among those Notice is hereby given that pursuant areas determined to have been adversely to the authority vested in the Director of affected by the catastrophe declared a FEDERAL EMERGENCY the Federal Emergency Management major disaster by the President in his MANAGEMENT AGENCY Agency under Executive Order 12148, I declaration of November 13, 2002: [FEMA–1443–DR] hereby appoint Michael Bolch of the Federal Emergency Management Agency Bledsoe and Fentress for Individual Mississippi; Major Disaster and to act as the Federal Coordinating Assistance. Related Determinations Officer for this declared disaster. Roane and Van Buren for Individual I do hereby determine the following Assistance (already designated for Public AGENCY: Federal Emergency areas of the State of Mississippi to have Assistance). Management Agency (FEMA). been affected adversely by this declared (The following Catalog of Federal Domestic ACTION: Notice. major disaster: Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, SUMMARY: This is a notice of the Clay, Lowndes, Monroe, Noxubee, and Community Disaster Loans; 83.538, Cora Presidential declaration of a major Oktibbeha Counties for Individual Brown Fund Program; 83.539, Crisis Assistance. Counseling; 83.540, Disaster Legal Services disaster for the State of Mississippi Lowndes County for Public Assistance. Program; 83.541, Disaster Unemployment (FEMA–1443–DR), dated November 14, All counties within the State of Assistance (DUA); 83.556, Fire Management 2002, and related determinations. Assistance; 83.558, Individual and Mississippi are eligible to apply for EFFECTIVE DATE: November 14, 2002. Household Housing; 83.559, Individual and assistance under the Hazard Mitigation Household Disaster Housing Operations; FOR FURTHER INFORMATION CONTACT: Grant Program. Magda Ruiz, Response and Recovery 83.560 Individual and Household Program- (The following Catalog of Federal Domestic Other Needs, 83.544, Public Assistance Directorate, Federal Emergency Grants; 83.548, Hazard Mitigation Grant Management Agency, Washington, DC Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Program.) 20472, (202) 646–2705 or Community Disaster Loans; 83.538, Cora Joe M. Allbaugh, [email protected]. Brown Fund Program; 83.539, Crisis Director. SUPPLEMENTARY INFORMATION: Notice is Counseling; 83.540, Disaster Legal Services hereby given that, in a letter dated Program; 83.541, Disaster Unemployment [FR Doc. 02–32040 Filed 12–19–02; 8:45 am] November 14, 2002, the President Assistance (DUA); 83.556, Fire Management BILLING CODE 6718–02–P Assistance; 83.558, Individual and declared a major disaster under the Household Housing; 83.559, Individual and authority of the Robert T. Stafford Household Disaster Housing Operations; FEDERAL EMERGENCY Disaster Relief and Emergency 83.560 Individual and Household Program- MANAGEMENT AGENCY Assistance Act, 42 U.S.C. 5121–5206 Other Needs, 83.544, Public Assistance (the Stafford Act), as follows: Grants; 83.548, Hazard Mitigation Grant [FEMA–1441–DR] Program.) I determined on November 14, 2002, that Joe M. Allbaugh, Tennessee; Major Disaster and Related the damage in certain areas of the State of Determinations Mississippi, resulting from severe storms and Director. tornadoes on November 10–11, 2002, was of [FR Doc. 02–32044 Filed 12–19–02; 8:45 am] AGENCY: Federal Emergency sufficient severity and magnitude to warrant BILLING CODE 6718–02–P Management Agency (FEMA). a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency ACTION: Notice. Assistance Act, 42 U.S.C. 5121–5206 (the SUMMARY: This is a notice of the Stafford Act). I, therefore, declared that such FEDERAL EMERGENCY a major disaster existed in the State of MANAGEMENT AGENCY Presidential declaration of a major Mississippi. disaster for the State of Tennessee In order to provide Federal assistance, you [FEMA–1441–DR] (FEMA–1441–DR), dated November 13, were authorized to allocate from funds 2002, and related determinations. Tennessee; Amendment No. 2 to available for these purposes, such amounts as EFFECTIVE DATE: November 13, 2002. you find necessary for Federal disaster Notice of a Major Disaster Declaration FOR FURTHER INFORMATION CONTACT: assistance and administrative expenses. You were authorized to provide Individual AGENCY: Federal Emergency Magda Ruiz, Response and Recovery Assistance and Public Assistance in the Management Agency (FEMA). Directorate, Federal Emergency designated areas, and Hazard Mitigation ACTION: Notice. Management Agency, Washington, DC throughout the State. Consistent with the 20472, (202) 646–2705 or requirement that Federal assistance be SUMMARY: This notice amends the notice [email protected]. supplemental, any Federal funds provided of a major disaster declaration for the SUPPLEMENTARY INFORMATION: Notice is under the Stafford Act for Public Assistance, State of Tennessee, (FEMA–1441–DR), Hazard Mitigation, and the Other Needs hereby given that, in a letter dated dated November 13, 2002, and related November 13, 2002, the President Assistance under Section 408 of the Stafford determinations. Act will be limited to 75 percent of the total declared a major disaster under the eligible costs. EFFECTIVE DATE: November 22, 2002. authority of the Robert T. Stafford
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Disaster Relief and Emergency Counseling; 83.540, Disaster Legal Services FEDERAL RESERVE SYSTEM Assistance Act, 42 U.S.C. 5121–5206 Program; 83.541, Disaster Unemployment (the Stafford Act), as follows: Assistance (DUA); 83.556, Fire Management Change in Bank Control Notices; Assistance; 83.558, Individual and Acquisition of Shares of Bank or Bank I determined on November 13, 2002, that Household Housing; 83.559, Individual and Holding Companies the damage in certain areas of the State of Household Disaster Housing Operations; Tennessee, resulting from severe storms, 83.560 Individual and Household Program- The notificants listed below have tornadoes and flooding on November 9–12, Other Needs, 83.544, Public Assistance applied under the Change in Bank 2002, was of sufficient severity and Grants; 83.548, Hazard Mitigation Grant magnitude to warrant a major disaster Control Act (12 U.S.C. 1817(j)) and Program.) § 225.41 of the Board’s Regulation Y (12 declaration under the Robert T. Stafford Joe M. Allbaugh, Disaster Relief and Emergency Assistance CFR 225.41) to acquire a bank or bank Act, 42 U.S.C. 5121–5206 (the Stafford Act). Director. holding company. The factors that are I, therefore, declared that such a major [FR Doc. 02–32042 Filed 12–19–02; 8:45 am] considered in acting on the notices are disaster existed in the State of Tennessee. BILLING CODE 6718–02–P set forth in paragraph 7 of the Act (12 In order to provide Federal assistance, you U.S.C. 1817(j)(7)). were authorized to allocate from funds The notices are available for available for these purposes, such amounts as FEDERAL EMERGENCY immediate inspection at the Federal you find necessary for Federal disaster MANAGEMENT AGENCY assistance and administrative expenses. Reserve Bank indicated. The notices You were authorized to provide Individual [FEMA–1439–DR] also will be available for inspection at Assistance in the designated areas and the office of the Board of Governors. Hazard Mitigation throughout the State, and Texas; Amendment No. 5 to Notice of Interested persons may express their any other forms of assistance under the a Major Disaster Declaration views in writing to the Reserve Bank Stafford Act you may deem appropriate. indicated for that notice or to the offices AGENCY: Consistent with the requirement that Federal Federal Emergency of the Board of Governors. Comments assistance be supplemental, any Federal Management Agency (FEMA). must be received not later than January funds provided under the Stafford Act for ACTION: Notice. 3, 2003. Hazard Mitigation and Other Needs Assistance under Section 408 of the Stafford SUMMARY: This notice amends the notice A. Federal Reserve Bank of Atlanta Act will be limited to 75 percent of the total of a major disaster declaration for the (Sue Costello, Vice President) 1000 eligible costs. If Public Assistance is later State of Texas, (FEMA–1439–DR), dated Peachtree Street, NE., Atlanta, Georgia requested and warranted, Federal funds November 5, 2002, and related 30303: provided under the Public Assistance determinations. 1. The W.R. McGhee Trust for the program will also be limited to 75 percent of benefit of William Zachery McGhee, and the total eligible costs. EFFECTIVE DATE: November 26, 2002. Willie B. Smith, Jr., as Trustee, both of Further, you were authorized to make FOR FURTHER INFORMATION CONTACT: Brantley, Alabama; to retain voting changes to this declaration to the extent Magda Ruiz, Response and Recovery shares of First Dozier Bancshares, Inc., allowable under the Stafford Act. Directorate, Federal Emergency Dozier, Alabama, and thereby indirectly The time period prescribed for the Management Agency, Washington, DC retain voting shares of First National implementation of section 310(a), 20472, (202) 646–2705 or Bank of Dozier, Dozier, Alabama. Priority to Certain Applications for [email protected]. Board of Governors of the Federal Reserve Public Facility and Public Housing SUPPLEMENTARY INFORMATION: The notice System, December 16, 2002. Assistance, 42 U.S.C. 5153, shall be for of a major disaster declaration for the Robert deV. Frierson, a period not to exceed six months after State of Texas is hereby amended to Deputy Secretary of the Board. the date of this declaration. include the following areas among those Notice is hereby given that pursuant [FR Doc. 02–32004 Filed 12–19–02; 8:45 am] areas determined to have been adversely to the authority vested in the Director of BILLING CODE 6210–01–S affected by the catastrophe declared a the Federal Emergency Management major disaster by the President in his Agency under Executive Order 12148, I declaration of November 5, 2002: hereby appoint Gracia Szczech of the FEDERAL RESERVE SYSTEM Brazoria, Cameron, Fort Bend, Hidalgo, Federal Emergency Management Agency Notice of Proposals to Engage in to act as the Federal Coordinating Kleberg, San Jacinto, and Jasper Counties for Individual Assistance. Permissible Nonbanking Activities or Officer for this declared disaster. to Acquire Companies that are I do hereby determine the following (The following Catalog of Federal Domestic Engaged in Permissible Nonbanking areas of the State of Tennessee to have Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Activities been affected adversely by this declared Community Disaster Loans; 83.538, Cora major disaster: Brown Fund Program; 83.539, Crisis The companies listed in this notice Anderson, Bedford, Carroll, Coffee, Counseling; 83.540, Disaster Legal Services have given notice under section 4 of the Crockett, Cumberland, Gibson, Henderson, Program; 83.541, Disaster Unemployment Bank Holding Company Act (12 U.S.C. Madison, Marshall, Montgomery, Morgan, Assistance (DUA); 83.556, Fire Management 1843) (BHC Act) and Regulation Y (12 Rutherford, Scott, Sumner, and Tipton Assistance; 83.558, Individual and CFR part 225) to engage de novo, or to Counties for Individual Assistance. Household Housing; 83.559, Individual and acquire or control voting securities or Household Disaster Housing Operations; assets of a company, including the All counties within the State of 83.560 Individual and Household Program— Tennessee are eligible to apply for Other Needs, 83.544, Public Assistance companies listed below, that engages assistance under the Hazard Mitigation Grants; 83.548, Hazard Mitigation Grant either directly or through a subsidiary or Grant Program. Program.) other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (The following Catalog of Federal Domestic Joe M. Allbaugh, Assistance Numbers (CFDA) are to be used (12 CFR 225.28) or that the Board has Director. for reporting and drawing funds: 83.537, determined by Order to be closely Community Disaster Loans; 83.538, Cora [FR Doc. 02–32038 Filed 12–19–02; 8:45 am] related to banking and permissible for Brown Fund Program; 83.539, Crisis BILLING CODE 6718–02–P bank holding companies. Unless
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otherwise noted, these activities will be the BHC Act (12 U.S.C. 1842(c)). If the periodically publish summaries of conducted throughout the United States. proposal also involves the acquisition of proposed information collections Each notice is available for inspection a nonbanking company, the review also projects and solicit public comments in at the Federal Reserve Bank indicated. includes whether the acquisition of the compliance with the requirements of The notice also will be available for nonbanking company complies with the section 3506(c)(2)(A) of the Paperwork inspection at the offices of the Board of standards in section 4 of the BHC Act Reduction Act of 1995. To request more Governors. Interested persons may (12 U.S.C. 1843). Unless otherwise information on the project or to obtain express their views in writing on the noted, nonbanking activities will be a copy of the information collection question whether the proposal complies conducted throughout the United States. plans and instruments, call the OS with the standards of section 4 of the Additional information on all bank Reports clearance Officer on (202) 690– BHC Act. Additional information on all holding companies may be obtained 6207. bank holding companies may be from the National Information Center Comments are invited on: (a) Whether obtained from the National Information website at http://www.ffiec.gov/nic. the proposed collection of information Center website at http://www.ffiec.gov/ Unless otherwise noted, comments is necessary for the proper performance nic. regarding each of these applications of the functions of the agency, including Unless otherwise noted, comments must be received at the Reserve Bank whether the information shall have regarding the applications must be indicated or the offices of the Board of practical utility; (b) the accuracy of the received at the Reserve Bank indicated Governors not later than January 13, agency’s estimate of the burden of the or the offices of the Board of Governors 2003. proposed collection of information; (c) not later than January 13, 2003. A. Federal Reserve Bank of Atlanta ways to enhance the quality, utility and A. Federal Reserve Bank of Cleveland (Sue Costello, Vice President) 1000 clarity of the information to be (Stephen J. Ong, Vice President) 1455 Peachtree Street, NE., Atlanta, Georgia collected; and (d) ways to minimize the East Sixth Street, Cleveland, Ohio 30303: burden of the collection of information 44101-2566: 1. Financial Investors of the South, on respondents, including the use of 1. Sky Financial Group; Bowling Inc., Birmingham, Alabama; to acquire automated collection techniques or Green, Ohio; to acquire Metropolitan up to 15 percent of the voting shares of other forms of information technology. Financial Corporation, Highland Hills, Consumer National Bank, Jackson, 1. Application for Waiver of the Two- Ohio, and thereby indirectly acquire Mississippi. year Foreign Residence Requirement of Metropolitan Bank and Trust Company, B. Federal Reserve Bank of St. Louis the Exchange Visitor Program—0990– Highland Hills, Ohio, and thereby (Randall C. Sumner, Vice President) 411 0001—Extension—The application is engage in operating a savings Locust Street, St. Louis, Missouri 63166- used by institutions (colleges, hospitals, association, pursuant to § 2034: etc.) to request a favorable 225.28(b)(4)(ii) of Regulation Y. 1. Lea M. McMullan Trust, and recommendation to the USIA for waiver Board of Governors of the Federal Reserve Citizens Union Bancorp of Shelbyville, of the two-year Foreign Residence System, December 16, 2002. Inc., both of Shelbyville, Kentucky; to Requirement of the Exchange Visitor Robert deV. Frierson, acquire 100 percent of the voting shares Program on behalf of foreign visitors Deputy Secretary of the Board. of LaRue Bancshares, Inc., Hodgenville, working in areas of interest to HHS. Kentucky, and thereby indirectly [FR Doc.02–32005 Filed 12–19–02; 8:45 am] Respondents: Individuals, State or local acquire voting shares of The Peoples BILLING CODE 6210–01–S governments, businesses or other for- State Bank, Hodgenville, Kentucky. profit, non-profit institutions; Total C. Federal Reserve Bank of Kansas Number of Respondents: 200; Frequency FEDERAL RESERVE SYSTEM City (Susan Zubradt, Assistant Vice of Response: one time; Average Burden President) 925 Grand Avenue, Kansas per Response: 6 hours; Estimated Formations of, Acquisitions by, and City, Missouri 64198-0001: Annual Burden: 1200 hours. Mergers of Bank Holding Companies 1. Hometown Banc Corp, Grand Send comments to Cynthia Agens Island, Nebraska; to acquire 100 percent Bauer, OS Reports Clearance Officer, The companies listed in this notice of the voting shares of Five Points Bank Room 503H, Humphrey Building, 200 have applied to the Board for approval, of Hastings, Hastings, Nebraska Independence Avenue, SW., pursuant to the Bank Holding Company (formerly known as Hometown Bank, Washington DC, 20201. Written Act of 1956 (12 U.S.C. 1841 et seq.) Hastings, Nebraska). comments should be received within 60 (BHC Act), Regulation Y (12 CFR part Board of Governors of the Federal Reserve days of this notice. 225), and all other applicable statutes System, December 16, 2002. and regulations to become a bank Dated: December 9, 2002. Robert deV. Frierson, holding company and/or to acquire the Kerry Weems, Deputy Secretary of the Board. assets or the ownership of, control of, or Deputy Assistant Secretary, Budget. the power to vote shares of a bank or [FR Doc. 02–32003 Filed 12–19–02; 8:45 am] [FR Doc. 02–32074 Filed 12–19–02; 8:45 am] BILLING CODE 6210–01–S bank holding company and all of the BILLING CODE 4150–28–M banks and nonbanking companies owned by the bank holding company, including the companies listed below. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND The applications listed below, as well HUMAN SERVICES HUMAN SERVICES as other related filings required by the Board, are available for immediate Office of the Secretary Centers for Disease Control and Prevention inspection at the Federal Reserve Bank Agency Information Collection indicated. The application also will be Activities: Proposed Collections; Statement of Organization, Functions, available for inspection at the offices of Comment Request and Delegations of Authority the Board of Governors. Interested persons may express their views in The Department of Health and Human Part C (Centers for Disease Control writing on the standards enumerated in Services, Office of the Secretary will and Prevention) of the Statement of
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Organization, Functions, and CDC minority health programs, projects, workforce by supporting minority Delegations of Authority of the and issues including coordination of student internships, fellowships and Department of Health and Human CDC/ATSDR activities with the PHS, Institutions of Higher Learning; and (14) Services (45 FR 67772–76, dated other U.S. Government Agencies, health identifies and fosters partnerships and October 14, 1980, and corrected at 45 FR agencies of other nations, other national collaborative activities with public, non- 69296, October 20, 1980, as amended and international government and non- profit, private organizations and most recently at 67 FR 62475–77, dated government organizations, community- organizations and agencies, and October 7, 2002) is amended to based organizations, and the public at academia to improve their reorganize the Office of the Director, large; (3) provides leadership and organizational capacity to execute CDC. coordination in the development and public health policy, programs, and the Section C–B, Organization and implementation of long-term plans for CDC and ATSDR agenda. Functionss, is hereby amended as minority health activities within the Office of the Executive Secretariat follows: Centers, Institute, and Offices of CDC; (CAH). (1) Anticipate potential After the Office of Management and (4) provides leadership, in collaboration problems and plans for processing Operations (CAD), insert the following: with senior managers, for policy Office of Science Policy and future decisions and issue analyses; (2) initiatives to improve the health of Technology Transfer (CAE). (1) Advises coordinate the review and clearance of ethnic populations, setting agency the CDC Director and Senior Staff on all controlled correspondence and other science matters and represents CDC in priorities, goals and objectives, defining documents including announcements, these areas to the Department, other appropriate interventions, and position papers, briefing documents, agencies, and Congress; (2) maintains monitoring progress toward meeting and report to Congress regarding current the integrity and productivity of CDC’s these goals and objectives; (5) advocates Departmental and CDC/ATSDR policy scientists by resolving controversial for minority health issues, including considerations to facilitate consistency scientific issues, developing scientific presentation at scientific or and adherence to HHS and agency policies and procedures, supporting programmatic meetings, publication of policy across Centers/Institutes/Offices; training and information exchange, and important findings, and dissemination (3) control the communications flow by presenting awards for outstanding of information via electronic or other communicating the actions taken by the scientific efforts; (3) assures the means; (6) assesses the progress to Director on documents and at meetings, protection of human subjects in public improve minority health by establishing including revisions needed and follow- health research; (4) integrates behavioral tracking mechanisms, and assuring the up action; (4) manage the flow of and social sciences research into public use of minority health measures to set decision documents and health research; (5) provides advice and goals and track accomplishments; (7) correspondence for action by the guidance on the management of coordinates health initiatives including Director of CDC; (5) assure that the intellectual property; interprets policies, CIO and ATSDR support of Executive Director has the views of OGC and the rules, and regulations, especially those Branch and Departmental Minority Deputy Director before making program related to the Federal Technology Health Initiatives; (8) coordinates the or management decisions; (6) represent Transfer Act; (6) promotes and planning, design and implementation of CDC in relations with the Executive facilitates the timely transfer of minority health research and oversees Secretary of the Department, other HHS technology, knowledge, products, and studies related to understanding and executive secretariats, and with outside processes that improve public health improving health disparities; (9) assists document management organizations; through the use of patents, trademarks, the CIOs and their constituents in (7) set editorial standards and Biological Materials Licensing identifying and improving the collection processing policies for documents acted Agreements, and Cooperative Research and analysis of data on race and on by the Director; (8) track incoming and Development Agreements; (7) ethnicity needed to develop policy, documents and makes action and coordinates governmental and non- formulate research agendas, set program review assignments to appropriate staff; governmental vaccine activities, priorities, and monitor progress in and (9) maintain all official records including vaccine research, achieving health outcomes; (10) assures relating to the decisions and official development, and safety and efficacy minority health issues are incorporated actions of the Director, CDC and his testing trough the National Vaccine in to the CIO and ATDSR research immediate staff. Program Office and the National agendas and ongoing systematic reviews Dated: November 27, 2002. of the literature on intervention Vaccine Advisory Committee; (8) David Fleming, advises the Secretary of HHS and the effectiveness; (11) assists CIOs and Acting Director. Director of CDC about the most ATSDR in developing and appropriate use of vaccines and implementing an agency-wide system to [FR Doc. 02–32009 Filed 12–19–02; 8:45 am] immunization practices for effective apply standards for evaluation and BILLING CODE 4160–18–M disease control in the population quality assurance, and monitor, through the Advisory Committee for evaluate, and measure the cost-benefit/ DEPARTMENT OF HEALTH AND Immunization Practices; and (9) effectiveness and prevention HUMAN SERVICES manages the CDC and ATSDR Specimen effectiveness of programs to reduce and Data Bank, an archive of biological health disparities; (12) assists in the Administration for Children and materials, including blood components, review and clearance of manuscripts, Families tissue, bacterial isolates, DNA, and other medical studies, or technical papers for biological and environmental publication, and recommends changes President’s Committee on Mental specimens. as needed to ensure the quality of the Retardation; Notice of Meeting Office of Minority Health (CAG). (1) work and consistency with HHS and Serves as the principal advisor to the CDC minority health policies and goals, AGENCY: President’s Committee on Director, CDC/Administrator ATSDR on (13) assists the CIOs and their Mental Retardation (PCMR), HHS. all minority health issues affecting the constituents to increase the competence ACTION: Notice of meeting. agency; (2) serves as the focal point for and diversity of the public health
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DATES: Monday, January 27, 2003, from DEPARTMENT OF HEALTH AND health claims in food labeling (58 FR 1 p.m. to 7 p.m., and Tuesday, January HUMAN SERVICES 2478, January 6, 1993 (conventional 28, 2003, from 8 a.m. to 4 p.m. The foods); 59 FR 395, January 4, 1994 entire meeting of the PCMR will be open Food and Drug Administration (dietary supplements)). By regulation, to the public. [Docket No. 02D–0515] FDA adopted the same procedure and standard for health claims in dietary ADDRESSES: The meeting will be held at Guidance for Industry: Qualified Health supplement labeling that Congress had the Aerospace Center Building, Claims in the Labeling of Conventional prescribed in the NLEA for health Aerospace Auditorium, 6th Floor East, Foods and Dietary Supplements; claims in the labeling of conventional 370 L’Enfant Promenade, SW., Availability foods (see 21 U.S.C. 343(r)(3),(r)(4)). The Washington, DC 20447. Individuals who procedure requires the evidence will need accommodations for a AGENCY: Food and Drug Administration, supporting a health claim to be disability in order to attend the meeting HHS. presented to FDA for review before the (i.e., interpreting services, assistive ACTION: Notice. claim may appear in labeling (21 CFR listening devices, materials in 101.14(d),(e); 21 CFR 101.70)). The SUMMARY: alternative format) should notify Sally The Food and Drug standard requires a finding of Administration (FDA) is announcing the Atwater at (202) 619–0634 no later than ‘‘significant scientific agreement’’ before availability of a guidance entitled January 13, 2003. We will attempt to FDA may authorize a health claim by ‘‘Guidance for Industry: Qualified meet requests after that date, but cannot regulation § 101.14(c) (21 CFR Health Claims in the Labeling of 101.14(c)). FDA’s current regulations, guarantee availability. All meeting sites Conventional Foods and Dietary are barrier free. which mirror the statutory language in Supplements.’’ This guidance updates 21 U.S.C. 343(r)(3)(B)(i), provide that Agenda: The Committee plans to the agency’s approach to implementing this standard is met only if FDA discuss critical issues relating to the court of appeals decision in Pearson determines that there is significant individuals with mental retardation v. Shalala (Pearson) to include scientific agreement, among experts concerning education and transition, conventional foods. FDA is taking this qualified by scientific training and family services and supports, public action to inform interested persons of experience to evaluate such claims, that awareness, employment, and assistive the circumstances under which the the claim is supported by the totality of technology and information. agency intends to consider exercising its publicly available scientific evidence, enforcement discretion to permit including evidence from well-designed FOR FURTHER INFORMATION CONTACT: qualified health claims for conventional studies conducted in a manner that is Sally D. Atwater, Executive Director, foods and dietary supplements. consistent with generally recognized President’s Committee on Mental DATES: Submit written or electronic scientific procedures and principles (21 Retardation, Aerospace Center Building, comments on the guidance at any time. CFR 101.14(c)). Without a regulation Suite 701, 370 L’Enfant Promenade, ADDRESSES: Submit written requests for authorizing use of a particular health SW., Washington, DC 20447, telephone: single copies of the guidance to the claim, a food bearing the claim is 202–619–0634, fax: 202–205–9591, e- Office of Nutritional Products, Labeling subject to regulatory action as a mail: [email protected]. and Dietary Supplements (HFS–800), misbranded food (see 21 U.S.C. 343(r)(1)(B)), a misbranded drug (see 21 SUPPLEMENTARY INFORMATION: The PCMR Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD U.S.C. 352(f)(1)), and an unapproved acts in an advisory capacity to the new drug (see 21 U.S.C. 355(a)). President and the Secretary of the U.S. 20740. Send one self-addressed adhesive label to assist that office in In Pearson, the plaintiffs challenged Department of Health and Human FDA’s general health claims regulations processing your request, or include a fax Services on a broad range of topics for dietary supplements and FDA’s number to which the guidance may be relating to programs, services, and decision not to authorize health claims sent. See the SUPPLEMENTARY supports for persons with mental for four specific substance/disease INFORMATION section for electronic retardation. The Committee, by relationships. The district court ruled access to the guidance. Executive Order, is responsible for for FDA (14 F. Supp. 2d 10 (D.D.C. Submit written comments on the evaluating the adequacy of current 1998)). However, the U.S. Court of guidance to the Dockets Management Appeals for the D.C. Circuit reversed the practices in programs and supports for Branch (HFA–305), Food and Drug lower court’s decision (164 F.3d 650 persons with mental retardation, and for Administration, 5630 Fishers Lane, rm. (D.C. Cir. 1999)). The appeals court held reviewing legislative proposals that 1061, Rockville, MD 20852. Submit that, on the administrative record impact the quality of life that is electronic comments to http:// compiled in the challenged experienced by citizens with mental www.fda.gov/dockets/ecomments. retardation and their families. rulemakings, the first amendment does FOR FURTHER INFORMATION CONTACT: not permit FDA to reject health claims Dated: December 6, 2002. Kathleen Ellwood, Office of Nutritional that the agency determines to be Sally D. Atwater, Products, Labeling and Dietary potentially misleading unless the Executive Director, President’s Committee on Supplements (HFS–800), Food and Drug agency also reasonably determines that Mental Retardation. Administration, 5100 Paint Branch no disclaimer would eliminate the [FR Doc. 02–32002 Filed 12–19–02; 8:45 am] Pkwy., College Park, MD 20740, 301– potential deception. On March 1, 1999, 436–1450. BILLING CODE 4184–01–M the Government filed a petition for SUPPLEMENTARY INFORMATION: rehearing en banc (reconsideration by the full court of appeals). The U.S. Court I. Background of Appeals for the D.C. Circuit denied After the enactment of the Nutrition the petition for rehearing on April 2, Labeling and Education Act of 1990 (the 1999 (172 F.3d 72 (D.C. Cir. 1999)). NLEA), FDA issued regulations In the Federal Register of October 6, establishing general requirements for 2000 (65 FR 59855), FDA published a
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notice announcing its intention to makes clear their entitlement under the dissemination of current scientific exercise enforcement discretion with law to engage in such communications information concerning the health regard to certain categories of dietary with consumers. There is evidence, benefits of conventional foods and supplement health claims that do not reviewed by the FTC Bureau of dietary supplements should be meet the significant scientific agreement Economics Staff (Bureau of Economics encouraged, to enable consumers to standard in § 101.14(c). The notice set Staff, ‘‘Advertising Nutrition & Health: make informed dietary choices yielding forth criteria for when the agency would Evidence from Food Advertising 1977– potentially significant health benefits. consider exercising enforcement 1997’’ (September 2002)), that the As FDA facilitates the provision of discretion for a qualified health claim in content of food promotional messages scientifically supported health dietary supplement labeling. FDA is responds to changes in applicable legal information for food products, the now issuing these criteria in the form of and regulatory requirements. As the agency must also strengthen its guidance and is expanding them to FTC report stated, ‘‘the evidence is enforcement of the rules prohibiting include health claims in the labeling of consistent with the hypothesis that a unsubstantiated or otherwise misleading conventional foods. The October 6, more open environment leads to claims in food labeling. In assessing 2000, Federal Register notice also competitive pressures that induce whether food labeling is misleading, described the process that FDA intends producers to reveal information on more FDA will use a ‘‘reasonable consumer’’ to use to respond to future health claim nutrient dimensions in advertising.’’ By standard, as discussed below in section petitions; FDA is reissuing this making clear the lawfulness of I of this document. Use of this standard information in the form of guidance. conventional foods labeled with truthful will contribute to the rationalization of FDA is also clarifying that the agency and nonmisleading health claims, FDA the legal and regulatory environment for will use a ‘‘reasonable consumer’’ believes that this guidance will food promotion, by making FDA’s standard in evaluating whether food precipitate greater communication in regulation of dietary supplement and labeling is misleading. food labeling of the health benefits of conventional food labeling consistent FDA believes that this guidance will consuming particular foods, thereby with the FTC’s regulation of advertising assist food manufacturers and enhancing the public’s health. for these products. distributors in formulating truthful and As discussed further in the guidance, The FTC’s jurisdiction over food nonmisleading messages about the to meet the criteria for a qualified health advertising derives from sections 5 and health benefits of their products. As the claim, the petitioner would need to 12 of the FTC Act (15 USC 45 and 52), agency has found (52 FR 28843, August provide a credible body of scientific which broadly prohibit unfair or 4, 1987), food labeling is a vehicle for data supporting the claim. Although this deceptive commercial acts or practices ‘‘improv[ing] the public’s understanding body of data need not rise to the level and specifically prohibit the about the health benefits that can result of significant scientific agreement dissemination of false advertisements from adhering to a sound and nutritious defined in FDA’s previous guidance, the for foods, drugs, medical devices, or diet.’’ Food labeling can also petitioner would need to demonstrate, cosmetics. The FTC has issued two communicate information concerning based on a fair review by scientific policy statements, the Deception Policy positive health consequences, beyond experts of the totality of publicly Statement (appended to Cliffdale basic nutrition, of consuming particular available scientific information, that the Assocs., Inc., 103 F.T.C. 110, 174 (1984)) foods. Such consequences can be ‘‘weight of the scientific evidence’’ and the Statement on Advertising communicated in nutrient content supports the proposed claim. The test is Substantiation (appended to Thompson claims or health claims, for example. not whether the claim is supported Med. Co., 104 F.T.C. 648, 839 (1984)), Consumers are more likely to respond numerically (i.e., whether more studies that articulate the basic elements of the to health messages in food labeling if support the proposed claim than not), the messages are specific with respect to but rather whether the pertinent data deception analysis employed by the the health benefits associated with and information presented in those FTC in advertising cases. According to particular substances in the food. studies is sufficiently scientifically these policies, in identifying deception According to the Bureau of Economics persuasive. For a claim that meets the in an advertisement, the FTC considers Staff of the Federal Trade Commission ‘‘weight of the scientific evidence’’ the representation from the perspective (FTC) (Bureau of Economics Staff, standard, the agency would decline to of a consumer acting reasonably under ‘‘Advertising Nutrition & Health: initiate regulatory action, provided the the circumstances: ‘‘The test is whether Evidence from Food Advertising 1977– claim is qualified by appropriate the consumer’s interpretation or 1997’’ (September 2002)), ‘‘consumers language so consumers are not misled as reaction is reasonable.’’ 103 F.T.C. at are not as responsive to simple nutrient to the degree of scientific uncertainty 177. claims’’ as they are to health claims. that would still exist. FDA’s general statutory authority to This difference in responsiveness FDA anticipates that this policy will regulate food labeling derives from reflects the explicit linkage in health facilitate the provision to consumers of section 403(a)(1) of the Federal Food, claims of health benefits to particular additional, scientifically supported Drug, and Cosmetic Act (the act) (21 nutrients or food components. If health information. FDA expects that, as U.S.C. 343(a)(1)), which deems a food consumers understand the health scientific inquiry into the role of dietary misbranded if its labeling is false or advantages of consuming foods factors in health proceeds, particular misleading ‘‘in any particular.’’1 The act containing particular components, they qualified health claims will be further are more likely to select foods substantiated, while for other qualified 1 The act does not require FDA to have survey containing those substances. In the health claims the ‘‘weight of the evidence or other data before the agency is entitled to proceed under section 403(a)(1) of the act. FDA aggregate, decisions by individual scientific evidence’’ will shift from nevertheless recognizes that survey data and other consumers to incorporate beneficial ‘‘more for’’ to ‘‘more against.’’ It is evidence will be helpful in evaluating whether foods into their diets improve public conceivable, therefore, that the consumers are misled by a particular claim. For health. information provided to consumers example, surveys, copy tests, and other reliable evidence of consumer interpretation can be helpful Conventional food manufacturers and through qualified health claims in food in assessing the particular message conveyed by a distributors are more likely to include labeling could change over time. FDA statement that FDA believes constitutes an implied specific health claims in labeling if FDA nevertheless believes that the claim.
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contains similar provisions for drugs satisfies the requirements of the available. Individuals who plan to and medical devices (21 U.S.C. 352(a)) applicable statute and regulations. attend and need special assistance, such and cosmetics (21 U.S.C. 362(a)). In This guidance is a Level 1 guidance as sign language interpretation or other some cases, the courts have interpreted under FDA’s good guidance practices reasonable accommodations, should the act to protect ‘‘the ignorant, the (GGP) regulation (21 CFR 10.115). notify the Contact Person listed below unthinking, and the credulous’’ Under § 10.115(g)(2), the guidance is in advance of the meeting. consumer. See, e.g., United States v. El- being implemented immediately, Name of Committee: National Cancer O-Pathic Pharmacy, 192 F.2d 62, 75 (9th without prior public comment, to help Institute Director’s Consumer Liaison Group. Cir. 1951); United States v. An Article ensure that FDA’s policies on health Date: January 6–7, 2003. of Food * * * ‘‘Manischewitz * * * Diet claims in food labeling comply with the Time: 8 a.m. to 1 p.m. Thins,’’ 377 F. Supp. 746, 749 (E.D.N.Y. governing first amendment case law. Agenda: To discuss the future of the DCLG 1974). In other cases, the courts have Consistent with the GGP regulation, and to meet with NCI staff to discuss their interpreted the act to require evaluation FDA is now soliciting comment on the research plans. of claims from the perspective of the guidance and will revise it, if warranted. Place: National Institutes of Health, FDA tentatively concludes that this Natcher Building, 45 Center Drive, Bethesda, ordinary person or reasonable MD 20892. consumer. See, e.g., United States v. 88 guidance contains no collection of Contact Person: Elaine Lee, Executive Cases, Bireley’s Orange Beverage, 187 information. Therefore, clearance by Secretary, Office of Liaison Activities, F.2d 967, 971 (3d Cir.), cert. denied 342 OMB under the Paperwork Reduction National Institutes of Health, National Cancer U.S. 861 (1951). FDA believes that the Act of 1995 is not required. Institute, 6116 Executive Boulevard, Suite 300 C, Bethesda, MD 20892, 301/594–3194. latter standard is the appropriate II. Comments standard to use in determining whether Information is also available on the a claim in the labeling of a dietary Interested persons may, at any time, Institute’s/Center’s home page: supplement or conventional food is submit written or electronic comments deainfo.nci.nih.gov/advisory/dclg/dclg.htm, misleading. on the guidance to the Dockets where an agenda and any additional The reasonable consumer standard Management Branch (see ADDRESSES). information for the meeting will be posted when available. more accurately reflects FDA’s belief Submit a single copy of electronic that consumers are active partners in comments to http://www.fda.gov/ (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; their own health care who behave in dockets/ecomments or two hard copies of any written comments, except that 93.393, Cancer Cause and Prevention health promoting ways when they are Research; 93.394, Cancer Detection and given accurate health information. In individuals may submit one copy. Diagnosis Research; 93.395, Cancer addition, the reasonable consumer Comments are to be identified with the Treatment Research; 93.396, Cancer Biology standard is consistent with the docket number found in brackets in the Research; 93.397, Cancer Centers Support; governing first amendment case law heading of this document. The guidance 93.398, Cancer Research Manpower; 93.399, precluding the Government from and received comments are available for Cancer Control, National Institutes of Health, regulating the content of promotional public examination in the Dockets HHS) communication so that it contains only Management Branch between 9 a.m. and Dated: December 12, 2002. information that will be appropriate for 4 p.m., Monday through Friday. LaVerne Y. Stringfield, a vulnerable or unusually credulous III. Electronic Access Director, Office of Federal Advisory audience. Cf. Bolger v. Youngs Drug Committee Policy. Persons with access to the Internet Prods. Corp., 463 U.S. 60, 73–74 (1983) [FR Doc. 02–32084 Filed 12–19–02; 8:45 am] may obtain the guidance at http:// (‘‘the government may not ‘reduce the BILLING CODE 4140–01–M adult population * * * to reading only www.cfsan.fda.gov/dms/guidance.html what is fit for children.’’’) (quoting or http://www.fda.gov/ohrms/dockets/ Butler v. Michigan, 352 U.S. 380, 383 default.htm. DEPARTMENT OF HEALTH AND (1957)). Dated: December 17, 2002. HUMAN SERVICES Based on the FTC’s success in William K. Hubbard, policing the marketplace for misleading Associate Commissioner for Policy and National Institutes of Health claims in food advertising, FDA believes Planning. National Heart, Lung, and Blood that its own enforcement of the legal [FR Doc. 02–32194 Filed 12–18–02; 12:01 Institute; Notice of Closed Meeting and regulatory requirements applicable pm] to food labeling will not be adversely BILLING CODE 4160–01–S Pursuant to section 10(d) of the affected by use of the ‘‘reasonable Federal Advisory Committee Act, as consumer’’ standard in evaluating amended (5 U.S.C. Appendix 2), notice labeling for dietary supplements and DEPARTMENT OF HEALTH AND is hereby given of the following conventional foods. Explicit FDA HUMAN SERVICES meeting. adoption of the reasonable consumer The meeting will be closed to the standard will rationalize the regulatory National Institutes of Health public in accordance with the environment for food promotion while National Cancer Institute; Notice of provisions set forth in sections both protecting and enhancing the Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public health. as amended. The grant applications and This guidance represents the agency’s Pursuant to section 10(a) of the the discussions could disclose current thinking on qualified health Federal Advisory Committee Act, as confidential trade secrets or commerical claims in the labeling of conventional amended (5 U.S.C. Appendix 2), notice property such as patentable material, foods and dietary supplements. It does is hereby given of a meeting of the and personal information concerning not create or confer any rights for or on National Cancer Institute Director’s individuals associated with the grant any person and does not operate to bind Consumer Liaison Group. applications, the disclosure of which FDA or the public. An alternative The meeting will be open to the would constitute a clearly unwarranted approach may be used if such approach public, with attendance limited to space invasion of personal privacy.
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Name of Committee: Clinical Trials Review (Catalogue of Federal Domestic Assistance Dated: December 12, 2002. Committee. Program Nos. 93.233, National Center for LaVerne Y. Stringfield, Date: February 24, 2003. Sleep Disorders Research; 93.837, Heart and Director, Office of Federal Advisory Time: 8 a.m. to 6 p.m. Vascular Diseases Research; 93.838, Lung Committee Policy. Agenda: To review and evaluate grant Diseases Research; 93.839, Blood Diseases applications. and Resources Research, National Institutes [FR Doc. 02–32083 Filed 12–19–02; 8:45 am] Place: The Ritz-Carlton, 1250 South Hayes of Health, HHS) BILLING CODE 4140–01–M Street, Plaza C, Arlington, VA 22202. Contact Person: Valerie L. Prenger, PhD, Dated: December 13, 2002. Health Scientist Administrator, Review LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Branch, Room 7194, Division of Extramural Director, Office of Federal Advisory HUMAN SERVICES Affairs, National Heart, Lung, and Blood Committee Policy. Institute, National Institutes of Health, 6701 [FR Doc. 02–32087 Filed 12–19–02; 8:45 am] National Institutes of health Rockledge Drive, MSC 7924, Bethesda, MD BILLING CODE 4140–01–M 20892–7924, (301) 435–0288. Center for Scientific Review; Amended (Catalogue of Federal Domestic Assistance Notice of Meeting Program Nos. 93.233, National Center for DEPARTMENT OF HEALTH AND Sleep Disorders Research; 93.837, Heart and HUMAN SERVICES Notice is hereby given of a change in Vascular Diseases Research; 93.838, Lung the meeting of the Center for Scientific Diseases Research; 93.839, Blood Diseases National Institutes of Health review Special Emphasis Panel, and Resources Research, National Institutes December 18, 2002, 4 p.m. to December of Health, HHS) National Library of Medicine; Notice of 18, 2002, 5 p.m., which was published Dated: December 13, 2002. Closed Meeting in the Federal Register on November 29, LaVerne Y. Stringfield, Pursuant to section 10(d) of the 2002, 67 FR 71187. Director, Office of Federal Advisory Federal Advisory Committee Act, as The meeting time has been changed to Committee Policy. amended (5 U.S.C. Appendix 2), notice 12 p.m. to 2 p.m. The meeting date and [FR Doc. 02–32086 Filed 12–19–02; 8:45 am] is hereby given of the following location remain the same. The meeting BILLING CODE 4140–01–M meeting. is closed to the public. The meeting will be closed to the Dated: December 13, 2002. public in accordance with the LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND provisions set forth in sections HUMAN SERVICES Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. National Institutes of Health as amended. The grant applications and [FR Doc. 02–32082 Filed 12–19–02; 8:45 am] the discussions could disclose BILLING CODE 4140–01–M National Heart, Lung, and Blood confidential trade secrets or commercial Institute; Notice of Closed Meeting property such as patentable material, and personal information concerning DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the individuals associated with the grant HUMAN SERVICES Federal Advisory Committee Act, as applications, the disclosure of which amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted National Institutes of Health is hereby given of the following invasion of personal privacy. meeting. Center for Scientific Review; Notice of The meeting will be closed to the Name of Committee: National Library of Medicine Special Emphasis Panel; IAIMS Closed Meetings public in accordance with the Operations Grant—Loyola University. provisions set forth in sections Date: January 7–9, 2003. Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: January 7, 2003, 7 p.m. to 10 p.m. Federal Advisory Committee Act, as as amended. The grant applications and Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice the discussions could disclose applications. is hereby given of the following confidential trade secrets or commercial Place: Loyola University Health System, meetings. property such as patentable material, Building 105, 2160 South First Avenue, Room 3904–D, Maywood, IL 60153. The meetings will be closed to the and personal information concerning public in accordance with the individuals associated with the grant Time: January 8, 2003, 8 a.m. to 5 p.m. Agenda: To review and evaluate grant provisions set forth in sections applications, the disclosure of which applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Place: Loyola University Health System, as amended. The grant applications and invasion of personal privacy. Building 105, 2160 South First Avenue, the discussions could disclose Name of Committee: National Heart, Lung, Room 3904–D, Maywood, IL 60153. confidential trade secrets or commercial and Blood Institute Special Emphasis Panel, Time: January 9, 2003, 8 a.m. to 12 p.m. property such as patentable material, Molecular Targets and Interventions in Agenda: To review and evaluate grant and personal information concerning Pulmonary Fibrosis. applications. individuals associated with the grant Date: March 6, 2003. Place: Loyola University Health System, applications, the disclosure of which Building 105, 2160 South First Avenue, Time: 8:00 AM to 5 PM. would constitute a clearly unwarranted Agenda: To review and evaluate grant Room 3904–D, Maywood, IL 60153. applications. Contact Person: Merlyn M. Rodrigues, MD, invasion of personal privacy. Place: Sheraton Columbia Hotel, 10207 PhD, Medical Officer/SRA, National Library Name of Committee: Center for Scientific Wincopin Circle, Columbia, MD 21044. of Medicine, Extramural Programs, 6705 Review Special Emphasis Panel; ZRG1 Contact Person: Arthur N Freed, PHD, Rockledge Drive, Suite 301, Bethesda, MD BBBP–2 (11)M: Small Business: Review Branch, Room 7186, Division of 20894 Augmentative and Assistive Communication. Extramural Affairs, National Heart, Lung, and (Catalogue of Federal Domestic Assistance Date: December 13, 2002. Blood Institute, National Institutes of Health, Program Nos. 93.879, Medical Library Time: 11 a.m. to 12 p.m. 6701 Rockledge Drive, MSC 7924, Bethesda, Assistance, National Institutes of Health, Agenda: To review and evaluate grant MD 20892, (301) 435–0280. HHS) applications.
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Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific confidential trade secrets or commercial Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; ZRG1 IFCN– property such as patentable material, (Telephone Conference Call). 4 (03) Auditory Mechanisms Study Section. and personal information concerning Contact Person: Thomas A. Tatham, PhD, Date: December 18, 2002. individuals associated with the grant Time: 4 p.m. to 6 p.m. Scientific Review Administrator, Center for applications, the disclosure of which Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3114, applications. would constitute a clearly unwarranted MSC 7848, Bethesda, MD 20892, (301) 594– Place: National Institutes of Health, 6701 invasion of personal privacy. 6836, [email protected]. Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific This notice is being published less than 15 (Telephone Conference Call). Review Special Emphasis Panel, B-Cell days prior to the meeting due to the timing Contact Person: Daniel R. Kenshalo, PhD, Development. limitations imposed by the review and Scientific Review Administrator, Center for Date: December 19, 2002. funding cycle. Scientific Review, National Institutes of Time: 12:30 p.m. to 1:30 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5176, Agenda: To review and evaluate grant Review Special Emphasis Panel; ZRG1 IFCN– MSC 7844, Bethesda, MD 20892, 301–435– applications. 4 (08) Neural Mechanisms of Modulation 1255. Place: National Institutes of Health, 6701 Study Section. This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892, Date: December 17, 2002. days prior to the meeting due to the timing (Telephone Conference Call). Time: 11 a.m. to 1 p.m. limitations imposed by the review and Contact Person: George W. Chacko, 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; B- Health, 6701 Rockledge Drive, Room: 4202, MSC: 7812, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Lymphocyte Development. 1220, [email protected]. (Telephone Conference Call). Date: December 19, 2002. This notice is being published less than 15 Contact Person: Daniel R. Kenshalo, PhD, Time: 12 p.m. to 1 p.m. days prior to the meeting due to the timing Scientific Review Administrator, Center for Agenda: To review and evaluate grant limitations imposed by the review and Scientific Review, National Institutes of applications. funding cycle. Health, 6701 Rockledge Drive, Room 5176, Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, MSC 7844, Bethesda, MD 20892, 301–435– (Catalogue of Federal Domestic Assistance (Telephone Conference Call). 1255. Program Nos. 93.306, Comparative Medicine, Contact Person: George W. Chacko, PhD, This notice is being published less than 15 93.306; 93.333, Clinical Research, 93.333, Scientific Review Administrator, Center for days prior to the meeting due to the timing 93.337, 93.393–93.396, 93.837–93.844, Scientific Review, National Institutes of limitations imposed by the review and 93.846–93.878, 93.892, 93.893, National Health, 6701 Rockledge Drive, Room: 4202, funding cycle. Institutes of Health, HHS) MSC: 7812, Bethesda, MD 20892, 301–435– Name of Committee: Center for Scientific Dated: December 13, 2002. Review Special Emphasis Panel; ZRG1 IFCN– 1220. [email protected]. LaVerne Y. Stringfield, 4 (02) Pharmacology of Memory and Feeding This notice is being published less than 15 Study Section. days prior to the meeting due to the timing Director, Office of Federal Advisory Date: December 17, 2002. limitations imposed by the review and Committee Policy. Time: 4 p.m. to 6 p.m. funding cycle. [FR Doc. 02–32088 Filed 12–19–02; 8:45 am] Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M applications. Program Nos. 93.306, Comparative Medicine, Place: National Institutes of Health, 6701 93.306; 93.333, Clinical Research, 93.333, Rockledge Drive, Bethesda, MD 20892, 93.337, 93.393–93.396, 93.837–93.844, DEPARTMENT OF HEALTH AND (Telephone Conference Call). 93.846–93.878, 93.892, 93.893, National HUMAN SERVICES Contact Person: Daniel R. Kenshalo, PhD, Institutes of Health, HHS) Scientific Review Administrator, Center for Dated: December 12, 2002. Substance Abuse and Mental Health Scientific Review, National Institutes of LaVerne Y. Stringfield, Services Administration Health, 6701 Rockledge Drive, Room 5176, Director, Office of Federal Advisory MSC 7844, Bethesda, MD 20892, 301–435– Fiscal Year (FY) 2003 Funding 1255. Committee Policy. This notice is being published less than 15 [FR Doc. 02–32085 Filed 12–19–02; 8:45 am] Opportunities days prior to the meeting due to the timing BILLING CODE 4140–01–M AGENCY: Substance Abuse and Mental limitations imposed by the review and Health Services Administration, HHS. funding cycle. ACTION: Notice of funding availability Name of Committee: Center for Scientific DEPARTMENT OF HEALTH AND for State Training and Evaluation of Review Special Emphasis Panel; T- HUMAN SERVICES Lymphocyte Development. Evidence-Based Practices (Short Title: Date: December 18, 2002. National Institutes of Health EBP Training and Evaluation). Time: 3 p.m. to 4 p.m. SUMMARY: The Substance Abuse and Agenda: To review and evaluate grant Center for Scientific Review; Notice of Mental Health Services Administration applications. Closed Meeting Place: National Institutes of Health, 6701 (SAMHSA) Center for Mental Health Rockledge Drive, Bethesda, MD 20892, Pursuant to section 10(d) of the Services (CMHS) announces the (Telephone Conference Call). Federal Advisory Committee Act, as availability of FY 2003 funds for grants Contact Person: George W. Chacko, PhD, amended (5 U.S.C. Appendix 2), notice for the following activity. This notice is Scientific Review Administrator, Center for is hereby given of the following not a complete description of the Scientific Review, National Institutes of meeting. activity; potential applicants must Health, 6701 Rockledge Drive, Room: 4202, The meeting will be closed to the obtain a copy of the Request for MSC: 7812, Bethesda, MD 20892, 301–435– 1220, [email protected]. public in accordance with the Applications (RFA), including Part I, This notice is being published less than 15 provisions set forth in sections State Training and Evaluation of days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Evidence-Based Practices (SM 03–003) limitations imposed by the review and as amended. The grant applications and (Short Title: EBP Training and funding cycle. the discussions could disclose Evaluation), and Part II, General Policies
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and Procedures Applicable to all Agreements, before preparing and SAMHSA Applications for submitting an application. Discretionary Grants and Cooperative
Est. funds, Est. No. of Project pe- Activity Application deadline FY 2003 awards riod
State Training and Evaluation of Evidence-Based Practices ...... March 24, 2003 ...... $2,200,000 7 3 years.
The actual amount available for the Purpose: The Substance Abuse and applications requesting funding under award may vary depending on Mental Health Services Administration this activity will be reviewed for unanticipated program requirements (SAMHSA), Center Mental Health technical merit in accordance with and actual SAMHSA appropriations. Services (CMHS) is accepting established PHS/SAMHSA peer review This program is being announced prior applications for a fiscal year (FY) 2003 procedures. Review criteria that will be to the annual appropriation for FY 2003 Best Practices funds for up to seven used by the peer review groups are for SAMHSA’s programs. Applications grants to engage and support States in specified in the application guidance are invited based on the assumption that implementing and evaluating evidence- material. sufficient funds will be appropriated for based practices (EBPs). State grantees Award Criteria for Scored FY 2003 to permit funding of State will select and implement one or more Applications: Applications will be Training and Evaluation of Evidence- of the six EBPs for which SAMHSA has considered for funding on the basis of Based Practices grants. This program is developed implementation Resource their overall technical merit as being announced in order to allow Kits. These grants will fund the States determined through the peer review applicants sufficient time to plan and to (1) provide state-of-the-art training group and the appropriate National prepare applications. Solicitation of and continuing education to State Advisory Council review process. applications in advance of a final mental health service providers and Availability of funds will also be an appropriation will also enable the award other stakeholders who are award criterion. Additional award of appropriated grant funds in an implementing the EBP(s), and (2) criteria specific to the programmatic expeditious manner and thus allow evaluate the implementation of selected activity may be included in the prompt implementation and evaluation EBPs in two or more communities application guidance materials. of promising practices. All applicants within the State. Implementation of the Catalog of Federal Domestic are reminded, however, that we cannot EBP, aside from training/continuing Assistance Number: 93.243. guarantee sufficient funds will be education of the providers, must be Program Contact: For questions on appropriated to permit SAMHSA to supported through other sources of substantive issues regarding the fund the grants. This program is funds. program, eligibility, and funding of authorized under Section 520A of the Eligibility: Only State mental health reviewed applications, contact: Crystal Public Health Service Act. SAMHSA’s authorities may apply. States are R. Blyler, Ph.D., Social Science Analyst, policies and procedures for peer review defined in section 2 of the Public Health CMHS/SAMHSA, Parklawn Building, and Advisory Council review of grant Service Act as including, in addition to Room 11C–22, 5600 Fishers Lane, and cooperative agreement applications the several States, only the District of Rockville, MD 20857, (301) 594–3997 were published in the Federal Register Columbia, Guam, Commonwealth of (direct), (301) 443–3653 (central phone), (Vol. 58, No. 126) on July 2, 1993. Puerto Rico, Northern Mariana Islands, [e-mail] [email protected]. General Instructions: Applicants must Virgin Islands, American Samoa and use application form PHS 5161–1 (Rev. Trust Territory of the Pacific Islands For questions on budget, completion 7/00). The application kit contains the (now Palau, Micronesia, and the of items on forms, and administrative two-part application materials Marshall Islands.) Only State mental issues, contact: Steve Hudak, Division of (complete programmatic guidance and health authorities are eligible, because Grants Management, OPS/SAMHSA, instructions for preparing and they have primary responsibility for Rockwall II, 6th floor, 5600 Fishers submitting applications), the PHS 5161– provision of public mental health Lane, Rockville, MD 20857, (301) 443– 1 which includes Standard Form 424 services in the United States. As such, 9666, E-Mail: [email protected]. (Face Page), and other documentation only the State mental health authorities Public Health System Reporting and forms. Application kits may be generally can mandate the relationship Requirements: The Public Health obtained from: SAMHSA’s Mental between training and service provision System Impact Statement (PHSIS) is Health Information Center, (800) 789– that is necessary to make the intended to keep State and local health 2647. implementation and evaluation of EBPs officials apprised of proposed health The PHS 5161–1 application form and in multiple communities across the services grant and cooperative the full text of the grant announcement State a success. agreement applications submitted by are also available electronically via Availability of Funds: It is expected community-based nongovernmental SAMHSA’s World Wide Web Home that approximately $2.2 million will be organizations within their jurisdictions. Page: http://www.samhsa.gov (click on available for seven awards in FY 2003. Community-based nongovernmental ‘‘Grant Opportunities’’). The average annual award will range service providers who are not When requesting an application kit, from $250,000 to $325,000 in total costs transmitting their applications through the applicant must specify the particular (direct and indirect). Applications with the State must submit a PHSIS to the announcement number for which proposed Federal budgets that exceed head(s) of the appropriate State and detailed information is desired. All $325,000 will not be reviewed. local health agencies in the area(s) to be information necessary to apply, Period of Support: Awards may be affected not later than the pertinent including where to submit applications requested for up to 3 years. receipt date for applications. This and application deadline instructions, Criteria for Review and Funding:— PHSIS consists of the following are included in the application kit. General Review Criteria: Competing information:
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a. A copy of the face page of the days after the specified deadline date for and each agency has transmitted to application (Standard form 424). the receipt of applications. SAMHSA HUD: (1) Its intention to make the b. A summary of the project (PHSIS), does not guarantee to accommodate or property available for use to assist the not to exceed one page, which provides: explain SPOC comments that are homeless, (2) its intention to declare the (1) A description of the population to received after the 60-day cut-off. property excess to the agency’s needs, or be served. (3) a statement of the reasons that the (2) A summary of the services to be Dated: December 16, 2002. Richard Kopanda, property cannot be declared excess or provided. made available for use as facilities to Executive Officer, SAMHSA. (3) A description of the coordination assist the homeless. planned with the appropriate State or [FR Doc. 02–32052 Filed 12–19–02; 8:45 am] Properties listed as suitable/available local health agencies. BILLING CODE 4162–20–P will be available exclusively for State and local governments and homeless use for a period of 60 days Indian Tribal Authority applicants are from the date of this Notice. Where not subject to the Public Health System DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Reporting Requirements. Application URBAN DEVELOPMENT only’’ recipients of the property will be guidance materials will specify if a particular FY 2003 activity is subject to [Docket No. FR–4730–N–51] required to relocate the building to their the Public Health System Reporting own site at their own expense. Requirements. Federal Property Suitable as Facilities Homeless assistance providers PHS Non-use of Tobacco Policy To Assist the Homeless interested in any such property should Statement: The PHS strongly encourages send a written expression of interest to AGENCY: Office of the Assistant for all grant and contract recipients to HHS, addressed to Shirley Kramer, Community Planning and Development, provide a smoke-free workplace and Division of Property Management, HUD. promote the non-use of all tobacco Program Support Center, HHS, room products. In addition, Public Law 103– ACTION: Notice. 5B–41, 5600 Fishers Lane, Rockville, 227, the Pro-Children Act of 1994, MD 20857; (301) 443–2265. (This is not SUMMARY: This Notice identifies prohibits smoking in certain facilities a toll-free number.) HHS will mail to the unutilized, underutilized, excess, and interested provider an application (or in some cases, any portion of a surplus Federal property reviewed by facility) in which regular or routine packet, which will include instructions HUD for suitability for possible use to for completing the application. In order education, library, day care, health care, assist the homeless. or early childhood development to maximize the opportunity to utilize a services are provided to children. This FOR FURTHER INFORMATION CONTACT: suitable property, providers should is consistent with the PHS mission to Mark Johnston, room 7266, Department submit their written expressions of protect and advance the physical and of Housing and Urban Development, interest as soon as possible. For mental health of the American people. 451 Seventh Street, SW., Washington, complete details concerning the Executive Order 12372: Applications DC 20410; telephone (202) 708–1234; processing of applications, the reader is submitted in response to the FY 2003 TTY number for the hearing- and encouraged to refer to the interim rule activity listed above are subject to the speech-impaired (202) 708–2565 (these governing this program, 24 CFR part intergovernmental review requirements telephone numbers are not toll-free), or 581. of Executive Order 12372, as call the toll-free Title V information line For properties listed as suitable/to be implemented through DHHS regulations at 1–800–927–7588. excess, that property may, if at 45 CFR part 100. E.O. 12372 sets up SUPPLEMENTARY INFORMATION: In subsequently accepted as excess by a system for State and local government accordance with 24 CFR part 581 and GSA, be made available for use by the review of applications for Federal section 501 of the Stewart B. McKinney homeless in accordance with applicable financial assistance. Applicants (other Homeless Assistance Act (42 U.S.C. law, subject to screening for other than Federally recognized Indian tribal 11411), as amended, HUD is publishing Federal use. At the appropriate time, governments) should contact the State’s this Notice to identify Federal buildings HUD will publish the property in a Single Point of Contact (SPOC) as early and other real property that HUD has Notice showing it as either suitable/ as possible to alert them to the reviewed for suitability for use to assist available or suitable/unavailable. prospective application(s) and to receive the homeless. The properties were For properties listed as suitable/ any necessary instructions on the State’s reviewed using information provided to unavailable, the landholding agency has review process. For proposed projects HUD by Federal landholding agencies decided that the property cannot be serving more than one State, the regarding unutilized and underutilized declared excess or made available for applicant is advised to contact the SPOC buildings and real property controlled use to assist the homeless, and the of each affected State. A current listing by such agencies or by GSA regarding property will not be available. of SPOCs is included in the application its inventory of excess or surplus Properties listed as unsuitable will guidance materials or on SAMHSA’s Federal property. This Notice is also not be made available for any other Web site under ‘‘Assistance with Grant published in order to comply with the purpose for 20 days from the date of this Applications’’. The SPOC should send December 12, 1988 Court Order in Notice. Homeless assistance providers any State review process National Coalition for the Homeless interested in a review by HUD of the recommendations directly to: Division versus Veterans Administration, No. determination of unsuitability should of Extramural Activities, Policy, and 88–2503–OG (D.D.C.). call the toll free information line at 1– Review, Substance Abuse and Mental Properties reviewed are listed in this 800–927–7588 for detailed instructions Health Services Administration, Notice according to the following or write a letter to Mark Johnston at the Parklawn Building, Room 17–89, 5600 categories: Suitable/available, suitable/ address listed at the beginning of this Fishers Lane, Rockville, Maryland unavailable, suitable/to be excess, and Notice. Included in the request for 20857. unsuitable. The properties listed in the review should be the property address The due date for State review process three suitable categories have been (including zip code), the date of recommendations is no later than 60 reviewed by the landholding agencies, publication in the Federal Register, the
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landholding agency, and the property DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: number. Refuge Manager, Nisqually National Fish and Wildlife Service For more information regarding Wildlife Refuge Complex, 100 Brown particular properties identified in this Farm Road, Olympia, Washington Notice of Availability of the Draft 98516, (360) 753–9467, or Michael Notice (i.e., acreage, floor plan, existing Environmental Impact Statement and sanitary facilities, exact street address), Marxen, U.S. Fish and Wildlife Service, Comprehensive Conservation Plan for Pacific Northwest Planning Team, providers should contact the the Nisqually National Wildlife Refuge appropriate landholding agencies at the 16507 Roy Rogers Road, Sherwood, for Review and Comment, and Notice Oregon 97140, (503) 590–6596. following addresses: DOT: Mr. Rugene of Public Meetings Spruill, Principal, Space Management, SUPPLEMENTARY INFORMATION: Copies of SVC–140, Transportation AGENCY: Fish and Wildlife Service, the Draft EIS/CCP may be obtained by Administrative Service Center, Interior. writing to U.S. Fish and Wildlife Department of Transportation, 400 7th ACTION: Notice of availability and notice Service, Attn: Michael Marxen, Pacific Street, SW., Room 2310, Washington, of public meetings. Northwest Planning Team, 16507 Roy DC 20590; (202) 366–4246; GSA: Mr. Rogers Road, Sherwood, Oregon, 97140. Brian K. Polly, Assistant Commissioner, SUMMARY: The U.S. Fish and Wildlife Copies of the Draft EIS/CCP may be General Services Administration, Office Service (Service) announces that a Draft viewed at this address or at the of Property Disposal, 18th and F Streets, Environmental Impact Statement and Nisqually National Wildlife Refuge NW., Washington, DC 20405; (202) 501– Comprehensive Conservation Plan Complex, 100 Brown Farm Road, 0052; Navy: Mr. Charles C. Cocks, (Draft EIS/CCP) for Nisqually National Olympia, Washington 98516. The Draft Director, Department of the Navy, Real Wildlife Refuge (Refuge) is available for EIS/CCP will also be available for Estate Policy Division, Naval Facilities review and comment. This Draft EIS/ viewing and downloading online at Engineering Command, Washington CCP, prepared pursuant to the National http://pacific.fws.gov/planning. Printed documents will also be available for Navy Yard, 1322 Patterson Ave., SE., Wildlife Refuge System Administration review at the following libraries: Suite 1000, Washington, DC 20374– Act, as amended and the National Timberland Community Library in 5065; (202) 685–9200; (These are not Environmental Policy Act of 1969, Olympia; Tacoma Public Library; toll-free numbers). describes the Service’s proposal for management of the Refuge for the next University of Washington—Suzallo Dated: December 12, 2002. 15 years. Proposed changes to the Library; William J. Reed Library in John D. Garrity, Refuge being considered include the Shelton, WA; and the Evergreen State Director, Office of Special Needs Assistance restoration of historic estuarine habitat College Library. Programs. and dike removal; a proposed expansion Background Title V, Federal Surplus Property Program of the approved Refuge boundary; changes to the trail system; opening the Nisqually National Wildlife Refuge is Federal Register Report for 12/20/02 located in western Washington at the Refuge to waterfowl hunting; and southern end of Puget Sound in Unsuitable Properties establishing a speed limit of 5 miles per Thurston and Pierce counties. The hour in Refuge waters for all water craft. Buildings (by State) Refuge is one of nearly 540 refuges in Also available for review with the Draft the National Wildlife Refuge System California EIS/CCP, are draft compatibility managed by the U.S. Fish and Wildlife Bldg. 34 determinations for waterfowl hunting; Service. Wildlife conservation is the Coast Guard Integrated Support Command recreational fishing; boating; priority of National Wildlife Refuge Alameda Co: CA environmental education; wildlife System lands. Nisqually Refuge Landholding Agency: DOT observation, photography and contributes substantially to the Property Number: 87200240006 interpretation; research; and haying. Status: Unutilized conservation of fish, wildlife, and native DATES: Written comments must be Reason: Secured Area habitats of the Puget Sound region. The received at the address below by Refuge protects one of the few relatively Florida February 18, 2003. Public meetings will undeveloped large estuaries remaining U.S. Classic Courthouse, 601 N. Florida Ave be held on: in Puget Sound. It provides crucial Tampa Co: FL 33602– 1. Wednesday, January 15, 2003, 3 habitat for migratory birds of the Pacific Landholding Agency: GSA p.m. to 8:30 p.m., Olympia, WA. Flyway, including many waterfowl, Property Number: 54200240018 2. Thursday, January 16, 2003, 3 p.m. shorebirds, waterbirds, and seabirds. Status: Excess to 8:30 p.m., Tacoma, WA. The Refuge also contains regionally Reason: Contamination—toxic mold ADDRESSES: Comments on the Draft EIS/ important migration and rearing habitat GSA Number: 4–G–FL–1208–1A CCP should be addressed to: Jean for salmon, particularly the threatened Unsuitable Properties Takekawa, Refuge Manager, Nisqually fall chinook salmon. Each year, more National Wildlife Refuge Complex, 100 than 100,000 visitors come to view Land (by State) Brown Farm Road, Olympia, wildlife and enjoy and learn about Virginia Washington 98516. Comments may also Refuge habitats and the wildlife they be submitted at the public meetings or 1.6 acres support. via electronic mail to Naval Amphibious Base Proposed Action Norfolk Co: VA 23521–2616 [email protected]. The Proposed Action is to adopt and Landholding Agency: Navy Please type ‘‘Nisqually NWR’’ in the implement a Comprehensive Property Number: 77200240063 subject line. The public meeting Conservation Plan (CCP) for the Status: Unutilized locations are: Reason: Secured Area 1. Nisqually National Wildlife Refuge, Nisqually Refuge that best achieves the 100 Brown Farm Road, Olympia, WA. Refuge’s purpose, vision, and goals; [FR Doc. 02–31703 Filed 12–19–02; 8:45 am] 2. Tacoma Public Library, 1102 contributes to the National Wildlife BILLING CODE 4210–29–M Tacoma Avenue S., Tacoma, WA. Refuge System mission; addresses the
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significant issues and relevant followed by additional features common observation trail would continue to be mandates; and is consistent with to some or all of the alternatives. closed during hunting season to avoid principles of sound fish and wildlife Alternative A, the ‘‘No Action’’ conflicts with hunters. management. The Service analyzed four alternative assumes no change from past Alternative C would provide for the alternatives for future management of management programs and is same expansion of the Refuge boundary the Refuge; of these, it is proposed that considered the baseline from which to as in Alternative B (a 2,407-acre Alternative D would best achieve all of compare the other alternatives. As addition). However, it places a stronger these elements, and it has, therefore, funding becomes available, the Refuge emphasis on the restoration of estuarine been identified as the Preferred would continue to seek acquisition of habitat, while improving freshwater Alternative. interests in the remaining 1,011 acres wetland and riparian habitats. This within the current approved Refuge alternative would restore approximately Purpose and Need for Action boundary (3,936 acres) as lands become 515 acres (50%) of the diked interior to A CCP is needed to guide the long available from willing sellers, but no estuarine habitat. This alternative would term management of the highest priority expansion beyond the current approved retain the Shannon Slough system along natural resource needs at Nisqually Refuge boundary would occur. There McAllister Creek as diked freshwater Refuge. The Refuge is currently would be no major changes in habitat habitat. Exterior dikes would be managed under an outdated 1978 management or public use programs. removed in the northern half of the Conceptual Management Plan. The The environmental education program 1,000-acre diked area, and all remaining purpose of the CCP is to provide would continue to serve approximately exterior dikes would require extensive management guidance for the Refuge 5,000 students per year. A new repairs to prevent seepage and failure. including guidance for land protection, education facility would be required to Riparian habitat would be enhanced habitat restoration, fish and wildlife ensure a safe, high quality experience along the Nisqually River by restoring conservation, and visitor services to under all alternatives. No new internal forested, surge plain habitat on 38 acres more effectively achieve Refuge goals dikes or impoundments would be north of the Twin Barns. Management of and purposes. Implementing the CCP created, but external dikes (28,000 the remaining 447 acres of freshwater will provide the Refuge with an linear feet) would need extensive and grassland habitats would be opportunity to enhance its critical role repairs and continued maintenance. improved, with a higher proportion of Alternative B would provide for in the conservation and management of freshwater habitat created by converting moderate expansion of the approved the fish and wildlife resources of some grasslands to seasonal freshwater Refuge boundary (a 2,407-acre addition Nisqually River delta and lower wetlands and ponds as well as for a total of 6,343 acres). It places new watershed and continue developing constructing five internal management management emphasis on the high quality environmental education units with new interior dikes. The restoration of estuarine habitat and and wildlife interpretation for Refuge environmental education program improved freshwater wetland visitors. would be improved and expanded to management. Approximately 318 acres serve 15,000 students, fewer than in Eighty percent of estuarine habitat has (30%) of the diked interior would be Alternative B, to provide sufficient staff been lost in Puget Sound in the last 150 restored to muted estuarine habitat by time to operate a waterfowl hunt years, contributing to the decline of creating bridged breaches and retaining program. Moderate changes would many fish and wildlife species that dikes. Approximately 140 acres (15%) occur in the trail system, reducing the depend on estuaries, including several of diked habitat would be restored to 5.5-mile loop to 3.75 miles; a new trail salmon species. The Refuge’s diked fully functional estuarine habitat in the would be developed on Tribal and freshwater wetlands were historically northern half of the Shannon Slough Refuge properties east of the Nisqually estuarine and habitat quality has system along McAllister Creek, River. Approximately 713 acres of declined. The south Puget Sound region requiring only limited dike removal. All Refuge land would be opened to is undergoing dramatic changes in remaining exterior dikes would require waterfowl hunting limited to 3 days per population and landscape, as it becomes extensive repairs to prevent seepage and week and consolidated in a block with more urban. As Refuge visitor use has failure. Management of 542 acres of WDFW lands (totaling 1,170 acres). This increased, so have conflicts among freshwater and grassland habitats would would require an agreement with visitors and concerns over meeting the be improved in the remaining diked WDFW to limit hunting on their lands needs of fish and wildlife. In response area by converting some grasslands to in McAllister Creek. New fishing to these changes and management issues seasonal freshwater wetlands and opportunities would be provided the CCP needs to consider increased ponds, and constructing five internal including bank fishing on the east side land protection, restoration of the management units with new interior of the Nisqually River, improved bank historic estuarine system, improved dikes, creating a higher proportion of fishing at Trotter’s Woods south of I–5, wildlife protection, enhanced freshwater habitat. The current and disabled access fishing at Luhr environmental education and environmental education program Beach, if acquired. compatibility of wildlife-dependent would be improved and expanded to the Alternative D would provide a larger recreation activities. largest degree of all action alternatives, approved Refuge boundary expansion (a Alternatives serving 20,000 students per year. There 3,479-acre addition for a total of 7,415 would be fewer changes to the public acres). It also increases estuarine This Draft EIS/CCP identifies and wildlife observation trail system than in restoration while improving freshwater evaluates four alternatives for managing other action alternatives, and Refuge wetland and riparian habitats on the Nisqually National Wildlife Refuge for lands would remain closed to waterfowl Refuge. Under Alternative D, 699 acres the next 15 years. Each alternative hunting, with the closure posted and (70%) of the diked area would be describes a combination of habitat and enforced to eliminate unauthorized converted to estuarine habitat, resulting public use management prescriptions hunting on the Refuge. Hunting would in removal of a large part of the exterior designed to achieve the Refuge still occur on Washington Department of dike. Management of the remaining 263- purposes, goals, and vision. The four Fish and Wildlife (WDFW) lands; acre area within the dike would be alternatives are briefly described below, therefore, a portion of the wildlife greatly improved as freshwater wetland
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and riparian habitats and five internal comment period ends for this Draft EIS/ Dated: October 28, 2002. management units would be constructed CCP, comments will be analyzed and Robert A. Lidwin, with new interior dikes. As in considered by the Service. A Final EIS Chief of Staff, Geography. Alternative C, 38 acres of forested, surge will then be prepared and published [FR Doc. 02–32049 Filed 12–19–02; 8:45 am] plain habitat would be restored to which will include substantive BILLING CODE 4310–Y7–U increase the acreage of this important comments received and provide the habitat along the Nisqually River. The Service’s responses. Changes made to environmental education program the selected alternative will also be DEPARTMENT OF THE INTERIOR would be improved and expanded identified in the Final EIS. A Record of (15,000 students per year), although not Decision and final CCP will then be Geological Survey to the extent of Alternative B, to provide published. sufficient staff time to operate a All comments received from Scientific Earthquake Studies Advisory waterfowl hunt program. The greatest individuals on environmental impact Committee changes would occur in the wildlife statements become part of the official AGENCY: Geological Survey, Interior. observation trail system of any public record. Requests for such ACTION: Notice of meeting. alternative, reducing the 5.5-mile loop comments will be handled in to a 3.5-mile round trip trail no longer accordance with the Freedom of SUMMARY: Pursuant to Public Law 106– in a loop configuration; a new trail Information Act, the Council on 503, the Scientific Earthquake Studies would be developed on Tribal and Environmental Quality’s NEPA Advisory Committee (SESAC) will hold Refuge properties east of the river. A regulations (40 CFR 1506.6(f)) and other its third meeting. The meeting location smaller portion of Refuge lands (191 Service and Departmental policies and is the U.S. Geological Survey, John W. acres) would be opened to hunting 7 procedures. Powell National Center, Room 3B457, days per week, with no changes to 12201 Sunrise Valley Drive, Reston, hunting on WDFW lands; however, a Dated: November 13, 2002. Rowan W. Gould, Virginia 20192. The Committee is portion of the main trail would be comprised of members from academia, seasonally closed. Bank fishing on Acting Regional Director, Region 1, Portland, Oregon. industry, and State government. The McAllister Creek would no longer be Committee shall advise the Director of [FR Doc. 02–32046 Filed 12–19–02; 8:45 am] offered due to dike removal, but new the U.S. Geological Survey (USGS) on fishing opportunities could be provided BILLING CODE 4310–55–P matters relating to the USGS’s in the future, if appropriate lands were participation in the National Earthquake acquired along McAllister Creek south DEPARTMENT OF THE INTERIOR Hazards Reduction Program. of I–5, as well as those described under The Committee will review a draft of Alternative C. Geological Survey the 5-year plan of the U.S. Geological Actions Common to All Action Survey’s National Earthquake Hazards Alternatives Technology Transfer Act of 1986 Reduction Program. This will include a critique of the goals and objectives of In addition, the following components AGENCY: Geological Survey, Department the Program over the next 5 years in are proposed to be implemented under of the Interior. earthquake hazards assessments, in alternatives B, C, and D. Walk-in ACTION: Notice of proposed Cooperative research on earthquake processes and waterfowl hunting opportunities would Research and Development Agreement effects, and in earthquake monitoring be considered if sufficient lands were (CRADA) negotiations. and notification. acquired south of I–5, which would Meetings of the Scientific Earthquake provide adequate wildlife sanctuary and SUMMARY: The United States Geological Studies Advisory Committee are open to minimal conflict with other priority Survey (USGS) is planning to enter into the public. uses. A speed limit of 5 mph for all a Cooperative Research and DATES: January 8, 2003, commencing at water craft would be established in all Development Agreement (CRADA) with Refuge waters to provide wildlife and 9 a.m. and adjourning at 4:30 p.m. on LockClickPrint, Inc., of Los Lunas, New January 9, 2003. habitat protection and reduce conflicts Mexico. The purpose of the CRADA is FOR FURTHER INFORMATION CONTACT: Dr. with other visitors. Service policies to develop and test the marketability of John R. Filson, U.S. Geological Survey, prohibiting consumptive uses in the high-quality, museum art products 12201 Sunrise Valley Drive, Reston, Research Natural Area (RNA) in the based on satellite, aerial photography, Virginia 20192, (703) 648–6785. northeast part of the Refuge would be and mapping source data from the enforced, including fishing, shell USGS. Any other organization Dated: December 3, 2002. fishing, and waterfowl hunting. The interested in pursuing a partnership for P. Patrick Leahy, RNA would be closed to all boating similar kinds of activities should Associate Director for Geology. from October 1 to March 31 to provide contact the USGS. [FR Doc. 02–32048 Filed 12–19–02; 8:45 am] a seasonal sanctuary for migratory birds ADDRESSES: Inquiries may be addressed BILLING CODE 4310–Y7–M and other wildlife. Public comments are requested, to the Branch of Business Development, U.S. Geological Survey, 500 National considered, and incorporated DEPARTMENT OF THE INTERIOR throughout the planning process in Center, 12201 Sunrise Valley Drive, Reston, Virginia 20192; Telephone (703) numerous ways. Public outreach has Bureau of Land Management included open houses, public meetings, 648–4621, facsimile (703) 648–4706; technical workgroups, planning update Internet ‘‘[email protected]’’. [OR–095–03–6333–JI: GP03–0005] mailings, and Federal Register notices. FOR FURTHER INFORMATION CONTACT: Beth L. Duff, address above. Notice of Temporary Closure of Public Two previous notices were published in Lands; Lane County, OR the Federal Register concerning this SUPPLEMENTARY INFORMATION: This Draft EIS/CCP (October 9, 1997 and notice is to meet the USGS requirement AGENCY: Bureau of Land Management, February 9, 2000). After the review and stipulated in the Survey Manual. Interior.
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ACTION: Notice of temporary closure of phases of the Lower Amazon Wetland Briefing on the BLM/DOE Partnerships public lands in Lane County, Oregon. Restoration and Fern Ridge Bicycle Path in Science construction projects. Presentation and Discussion on the SUMMARY: Notice is hereby given that DATES: This closure is effective from Science Strategy Implementation and approximately 200 acres of certain December 1, 2002, through November Staffing/Organization Plan public lands in Lane County, Oregon are 30, 2003. Discussion on University Curriculum temporarily closed to all public use, for the Next Generation BLM with exception to walking, hiking and ADDRESSES: Copies of the closure order and maps showing the location of the Employee pedestrian sightseeing. Those uses The agenda is subject to revision. prohibited from occurring in the area closed lands are available from the Eugene District Office, P.O. Box 10226 All meetings are open to the public. include driving, parking, camping, The public may present written discharge of firearms, and all equestrian (2890 Chad Drive), Eugene, Oregon 97440. comments to the Board. Each formal uses. This closure is effective December Board meeting will also have time FOR FURTHER INFORMATION CONTACT: 1, 2002, through November 30, 2003. Pat allocated for hearing public comments. The closure is made under the authority Johnston, Wetlands Project Manager, Depending on the number of persons of 43 CFR 8364.1. Eugene District Office, at (541) 683– wishing to comment and time available, The public lands affected by this 6181. the time for individual oral comments temporary closure include all Federal Dated: October 10, 2003. may be limited. Individuals who plan to lands within the City of Eugene Urban Rick Colvin, attend and need special assistance, such Growth Boundary located in Section 29, Acting Field Manager, Siuslaw Resource Area. as sign language interpretation, tour Township 17 South, Range 4 west of the [FR Doc. 02–32063 Filed 12–19–02; 8:45 am] transportation, or other reasonable Willamette Meridian lying east of BILLING CODE 4310–33–P accommodations, should contact the Greenhill Road, south of Royal Ave., BLM as provided in FOR FURTHER west of Terry street and a line running INFORMATION CONTACT. south from the end of Terry Street to the DEPARTMENT OF THE INTERIOR Southern Pacific Railroad tracks, and Lee Barkow, north of the Southern Pacific Railroad Bureau of Land Management Director, National Science and Technology tracks. Specifically, the lands are Center. [WO–100–03–1820–PG] identified as follows: Federal lands [FR Doc. 02–31997 Filed 12–19–02; 8:45 am] located in Section 29, Township 17 Science Advisory Board BILLING CODE 4310–84–P south, Range 4 west of the Willamette Meridian, Oregon. AGENCY: Bureau of Land Management, The following persons, operating Interior. DEPARTMENT OF THE INTERIOR within the scope of their official duties, ACTION: Notice of public meeting. are exempt from the provisions of this Bureau of Land Management SUMMARY: In accordance with the closure order: Bureau, City of Eugene, [NV–930–4210–05; N–63022] and Corps of Engineers employees; Federal Advisory Committee Act of State, local and Federal law 1972 (FACA), the U.S. Department of Notice of Realty Action: Lease/ enforcement and fire protection the Interior, Bureau of Land Conveyance for Recreation and Public personnel; agents for the Cone wetland Management (BLM), Science Advisory Purposes mitigation sites; the contractor Board will meet as indicated below. AGENCY: authorized to construct the Lower DATES: The meeting will be held January Bureau of Land Management, Amazon Wetland Restoration Project 21, 2003, in Room 7000A at 1849 C Interior. and its subcontractors; the contractor Street, NW., Washington, DC. The ACTION: Recreation and Public Purpose authorized by the City of Eugene to public comment period will begin at lease/conveyance. approximately 4:30 p.m., and the construct the Fern Ridge Bicycle Path SUMMARY: The following described and related recreation facilities and its meeting will adjourn at approximately 5 p.m. public land in Las Vegas, Clark County, subcontractors. Access by additional Nevada has been examined and found FOR FURTHER INFORMATION CONTACT: parties may be allowed, but must be Lee suitable for lease/conveyance for approved in advance in writing by the Barkow, Bureau of Land Management, recreational or public purposes under Authorized Officer. Denver Federal Center, Building 50, the provisions of the Recreation and Any person who fails to comply with P.O. Box 25047, Denver, CO, 80225– Public Purposes Act, as amended (43 the provisions of this closure order may 0047, 303–236–6454. U.S.C. 869 et seq.) (R&PP). The City of be subject to the penalties provided in SUPPLEMENTARY INFORMATION: The Las Vegas proposes to use the land for 43 CFR 8360.0–7, which include a fine Science Advisory Board advises the a public park. Portions of these lands not to exceed $1,000 and/or Director of the Bureau of Land were previously segregated and leased imprisonment not to exceed 12 months. Management, on a variety of science under the R&PP Act as serial numbers The public lands temporarily closed issues. At this meeting, topics we plan N–61840, N–41567–31 and N–41567–36 to public use under this order will be to discuss include: and those leases have been posted with signs at points of public Introduction and Opening Comments relinquished. The purpose of this action access. Review of Last Meeting’s Decisions/ The purpose of this temporary closure is to combine all of these lands under Commitments BLM serial number N–63022. is to provide for public safety, facilitate Director’s New Science Issues construction of the Lower Amazon Report on BLM Science Activities for Mount Diablo Meridian, Nevada Wetland Restoration Project and Fern FY 2002 T. 19 S., R. 60 E., sec. 21 Ridge Bicycle Path and related facilities, Briefing on the President’s Healthy E1⁄2NE1⁄4NE1⁄4, NW1⁄4NE1⁄4SE1⁄4NE1⁄4, and protection of property and Forest Initiative S1⁄2NE1⁄4SE1⁄4NE1⁄4, NW1⁄4SE1⁄4NE1⁄4, equipment during the mobilization, Presentation ‘‘Save our Fossils from S1⁄2SE1⁄4NE1⁄4, NE1⁄4SE1⁄4 construction and de-mobilization Extinction’’ Containing 97.5 acres, more or less.
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The land is not required for any whether the use will maximize the application is December 20, 2002. federal purpose. The lease/conveyance future use or uses of the land, whether Comments on the new proposed is consistent with current Bureau the use is consistent with local planning withdrawal must be received by March planning for this area and would be in and zoning, or if the use is consistent 20, 2003. the public interest. The lease/patent, with State and Federal programs. ADDRESSES: Comments should be sent to when issued, will be subject to the Application Comments: Interested the State Director, Bureau of Land provisions of the Recreation and Public parties may submit comments regarding Management, 1387 South Vinnell Way, Purposes Act and applicable regulations the specific use proposed in the Boise, Idaho 83709. of the Secretary of the Interior, and will application and plan of development, FOR FURTHER INFORMATION CONTACT: contain the following reservations to the whether the BLM followed proper Jackie Simmons, BLM, Idaho State United States: administrative procedures in reaching Office, 1387 S. Vinnell Way, Boise, 1. A right-of-way thereon for ditches the decision, or any other factor not Idaho 83709, 208–373–3867. or canals constructed by the authority of directly related to the suitability of the SUPPLEMENTARY INFORMATION: the United States, Act of August 30, land for a public park. On May 1890 (43 U.S.C. 945). Any adverse comments will be 23, 2002, the United States Forest 2. All minerals shall be reserved to reviewed by the State Director. Service, filed an application to the United States, together with the In the absence of any adverse withdraw the following described right to prospect for, mine and remove comments, the classification of the land National Forest System lands from such deposits from the same under described in this notice will become location and entry under the United applicable law and such regulations as effective 60 days from the date of States mining laws, subject to valid the Secretary of the Interior may publication in the Federal Register. The existing rights: prescribe. lands will not be offered for lease/ Boise Meridian And will be subject to: conveyance until after the classification Panhandle National Forest 1. An easement 50 feet in width along becomes effective. the east boundary, 30 feet in width T. 42 N., R.1 W., Dated: October 24, 2002. Sec. 10, NE1⁄4SW1⁄4SE1⁄4SE1⁄4, and along the south boundary, 50 feet in Rex Wells, S1⁄2SW1⁄4SE1⁄4SE1⁄4, and width along the north boundary, and 30 1 1 1 1 Assistant Field Manager, Division of Lands, N ⁄2SE ⁄4SE ⁄4SE ⁄4, and feet in width along the west boundary Las Vegas, NV. SW1⁄4SE1⁄4SE1⁄4SE1⁄4; in favor of the City of Las Vegas for Sec. 11, NW1⁄4SE1⁄4SW1⁄4SW1⁄4, and [FR Doc. 02–32062 Filed 12–19–02; 8:45 am] roads, public utilities and flood control NE1⁄4NW1⁄4,SE1⁄4SE1⁄4; BILLING CODE 4310–HC–P purposes. Sec. 12, E1⁄2W1⁄2SW1⁄4NE1⁄4, and 2. Those rights for public utility NE1⁄4SW1⁄4NW1⁄4, and purposes which have been granted to NW1⁄4SW1⁄4SE1⁄4NW1⁄4, and DEPARTMENT OF THE INTERIOR 1 1 1 1 Nevada Power Company by Permit Nos. SE ⁄4SW ⁄4SE ⁄4NW ⁄4, and W1⁄2NE1⁄4NE1⁄4SW1⁄4, and N–38447 and N–66254, the City of Las Bureau of Land Management NE1⁄4NW1⁄4NE1⁄4SW1⁄4, and Vegas by Permit Nos. N–61048 and N– 1 1 1 [ID–933–4310–ET; GPO–02–0002; IDI–34179] SE ⁄4NE ⁄4SW ⁄4, and 75501, and the Las Vegas Valley Water SE1⁄4SE1⁄4NE1⁄4SE1⁄4, and District by Permit No. N–74511 under Notice of Proposed Withdrawal and E1⁄2E1⁄2NW1⁄4SE1⁄4, and 1 1 1 1 the Act of October 26, 1978 (FLPMA). Opportunity for a Public Meeting; E ⁄2NW ⁄4NW ⁄4SE ⁄4, and Detailed information concerning this W1⁄2SW1⁄4NW1⁄4SE1⁄4, and Idaho action is available for review at the NE1⁄4SE1⁄4SE1⁄4, and W1⁄2SE1⁄4SE1⁄4SE1⁄4; office of the Bureau of Land AGENCY: Bureau of Land Management, Sec. 13, NE1⁄4NE1⁄4NE1⁄4, and Management, Las Vegas Field Office, Interior. NE1⁄4SE1⁄4NE1⁄4NE1⁄4, and S1⁄2SE1⁄4SE1⁄4NE1⁄4, and 4701 N. Torrey Pines Drive, Las Vegas, ACTION: Notice. SW1⁄4SE1⁄4SW1⁄4NW1⁄4, and Nevada. Upon publication of this notice 1 1 1 1 SUMMARY: SE ⁄4SW ⁄4SE ⁄4NW ⁄4, and in the Federal Register, the above This notice notifies the public 1 1 1 1 that the Forest Service proposes to SE ⁄4SW ⁄4SE ⁄4SW ⁄4; described land will be segregated from Sec. 14, S1⁄2SW1⁄4SW1⁄4NE1⁄4, and withdraw approximately 150 acres of all other forms of appropriation under SW1⁄4NE1⁄4NE1⁄4NW1⁄4, and the public land laws, including the National Forest System lands in the NW1⁄4NW1⁄4NE1⁄4NW1⁄4, and general mining laws, except for lease/ Panhandle National Forest from SE1⁄4SW1⁄4SE1⁄4NW1⁄4, and conveyance under the Recreation and nonmetalliferous mining for a period of S1⁄2SE1⁄4SE1⁄4NW1⁄4, Public Purposes Act, leasing under the 20 years. The lands contains gem Sec. 15, NW1⁄4NW1⁄4NE1⁄4NE1⁄4, and 1 1 1 1 mineral leasing laws and disposals quality garnet deposits and lies adjacent N ⁄2NE ⁄4NW ⁄4NE ⁄4 under the mineral material disposal to the nationally known Emerald Creek The area described contains approximately laws. garnet deposit. The withdrawal would 150.00 acres in Latah County, Idaho. For a period of 45 days from the date protect the streams and facilitate For a period of 90 days from the date of publication of this notice in the planned development of the public of publication of this notice, all persons Federal Register, interested parties may garnet collection area. Subject to valid who wish to submit comments, submit comments regarding the existing rights, this notice segregates the suggestions, or objections in connection proposed lease/conveyance for National Forest System lands described with the proposed withdrawal may classification of the lands to the Field below for up to 2 years from location present their views in writing to the Manager, Las Vegas Field Office, Las and entry under the United States Idaho State Director, Bureau of Land Vegas, Nevada 89108. mining laws. The lands have been and Management, at the address stated Classification Comments: Interested will remain open to such forms of above. parties may submit comments involving disposition as may by law be made of Notice is hereby given that an the suitability of the land for a public National Forest System lands and opportunity for a public meeting is park. Comments on the classification are mineral leasing. afforded in connection with the restricted to whether the land is DATES: The effective date of the proposed withdrawal. All interested physically suited for the proposal, Panhandle National Forest withdrawal persons who desire a public meeting for
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the purpose of being heard on the affirmative final determination in that INTERNATIONAL TRADE proposed withdrawal must submit a investigation under section 735(a) of the COMMISSION written request to the Idaho State Act. Parties that filed entries of [USITC SE–02–038] Director within 90 days from the date of appearance in the preliminary phase of publication of this notice. Upon the investigation need not enter a Sunshine Act; Meeting determination by the authorized officer separate appearance for the final phase that public meeting will be held, a of the investigation. Industrial users, AGENCY HOLDING THE MEETING: United notice of the time and place will be and, if the merchandise under States International Trade Commission. published in the Federal Register at investigation is sold at the retail level, TIME AND DATE: January 6, 2003 at 11 least 30 days before the scheduled date representative consumer organizations a.m. of the meeting. have the right to appear as parties in The application will be processed in PLACE: Room 101, 500 E Street SW., Commission antidumping and accordance with the regulations set Washington, DC 20436, Telephone: countervailing duty investigations. The forth in 43 CFR part 2300. (202) 205–2000. Secretary will prepare a public service STATUS: Open to the public. Dated: June 19, 2002. list containing the names and addresses MATTERS TO BE CONSIDERED: Jimmie Buxton, of all persons, or their representatives, Branch Chief for Lands and Minerals. 1. Agenda for future meetings: none. who are parties to the investigation. 2. Minutes. [FR Doc. 02–32061 Filed 12–19–02; 8:45 am] Background 3. Ratification List. BILLING CODE 4310–GG–U 4. Inv. No. 731–TA–1022 On October 30, 2002, a petition was (Preliminary)(Refined Brown Aluminum filed with the Commission and Oxide from China)—briefing and vote. INTERNATIONAL TRADE Commerce by Anvil International, Inc. (The Commission is currently scheduled COMMISSION of Portsmouth, NH, and Ward to transmit its determination to the [Investigation No. 731–TA–1021 Manufacturing, Inc. of Blossburg, PA, Secretary of Commerce on January 6, (Preliminary)] alleging that an industry in the United 2003; Commissioners’ opinions are States is materially injured or currently scheduled to be transmitted to Malleable Iron Pipe Fittings From threatened with material injury by the Secretary of Commerce on or before China reason of LTFV imports of malleable January 13, 2003). Determination iron pipe fittings from China. 5. Outstanding action jackets: none. Accordingly, effective October 30, 2002, In accordance with Commission On the basis of the record 1 developed the Commission instituted antidumping policy, subject matter listed above, not in the subject investigation, the United disposed of at the scheduled meeting, States International Trade Commission duty investigation No. 731–TA–1021 (Preliminary). may be carried over to the agenda of the (Commission) determines, pursuant to following meeting. section 733(a) of the Tariff Act of 1930 Notice of the institution of the (19 U.S.C. 1673b(a)) (the Act), that there Commission’s investigation and of a Issued: December 17, 2002. is a reasonable indication that an public conference to be held in By order of the Commission: industry in the United States is connection therewith was given by Marilyn R. Abbott, threatened with material injury, by posting copies of the notice in the Office Secretary to the Commission. reason of imports from China of of the Secretary, U.S. International [FR Doc. 02–32215 Filed 12–18–02; 10:39 malleable iron pipe fittings, provided Trade Commission, Washington, DC, am] for in subheading 7307.19.90 of the and by publishing the notice in the BILLING CODE 7020–02–P Harmonized Tariff Schedule of the Federal Register of November 6, 2002 United States, that are alleged to be sold (67 FR 67645). The conference was held in the United States at less than fair in Washington, DC, on November 20, DEPARTMENT OF JUSTICE value (LTFV). 2002, and all persons who requested the Antitrust Division Commencement of Final Phase opportunity were permitted to appear in Investigation person or by counsel. Notice Pursuant to the National Pursuant to § 207.18 of the The Commission transmitted its Cooperative Research and Production Commission’s rules, the Commission determination in this investigation to Act of 1993—the Digital Subscriber also gives notice of the commencement the Secretary of Commerce on December Line Forum of the final phase of its investigation. 16, 2002. The views of the Commission Notice is hereby given that, on The Commission will issue a final phase are contained in USITC Publication notice of scheduling, which will be October 16, 2002, pursuant to Section 3568 (December 2002), entitled 6(a) of the National Cooperative published in the Federal Register as Malleable Iron Pipe Fittings from China: provided in § 207.21 of the Research and Production Act of 1993, Investigation No. 731–TA– 15 U.S.C. 4301 et seq. (‘‘the Act’’), The Commission’s rules, upon notice from 1021(Preliminary). the Department of Commerce Digital Subscriber Line Forum (‘‘DSL’’) (Commerce) of an affirmative By order of the Commission. has filed written notifications preliminary determination in the Issued: December 16, 2002. simultaneously with the Attorney General and the Federal Trade investigation under section 733(b) of the Marilyn R. Abbott, Commission disclosing changes in its Act, or, if the preliminary determination Secretary to the Commission. is negative, upon notice of an membership status. The notifications [FR Doc. 02–32035 Filed 12–19–02; 8:45 am] were filed for the purpose of extending BILLING CODE 7020–02–P 1 The record is defined in 207.2(f) of the the Act’s provisions limiting the Commission’s Rules of Practice and Procedure (19 recovery of antitrust plaintiffs to actual CFR 207.2(f)). damages under specified circumstances.
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Specifically, Communications Test DEPARTMENT OF JUSTICE applications for registration as a Design, Tucker, GA; and Lattelekom practitioner under 21 U.S.C. 823(f). The SIA, Riga, Lativia have been added as Antitrust Division Order to Show Cause alleged that Dr. parties to this venture. Fry’s continued registration is Notice Pursuant to the National inconsistent with the public interest as No other changes have been made in Cooperative Research and Production that term is used in 21 U.S.C. 823(f) and either the membership or planned act of 1993—Information Storage 824(a)(4). The show cause order also activity of the group research project. Industry Consortium notified Dr. Fry that should no request Membership in this group research for a hearing be filed within 30 days, her project remains open, and DSL intends Notice is hereby given that, on October 28, 2002, pursuant to section hearing right would be deemed waived. to file additional written notifications 6(a) of the National Cooperative The Order to Show Cause was sent by disclosing all changes in membership. Research and Production Act of 1993, certified mail to Dr. Fry at her registered On May 15, 1995, DSL filed its 15 U.S.C. 4301 et seq. (‘‘the Act’’), location in Cool, California, and DEA original notification pursuant to section Information Storage Industry received a signed receipt indicating that 6(a) of the Act. The Department of Consortium (‘‘INSIC’’) has filed written it was received on March 12, 2002. A Justice published a notice in the Federal notifications simultaneously with the second copy of the Order to Show Cause Register pursuant to Section 6(b) of the Attorney General and the Federal Trade was sent by certified mail to Dr. Fry at Act on July 25, 1995 (60 FR 38058). Commission disclosing changes in its her residence in Greenwood, California membership status. The notifications (the Greenwood residence). However, The last notification was filed with were filed for the purpose of extending the second copy was returned to DEA as the Department on July 16, 2002. A the Act’s provisions limiting the ‘‘not deliverable.’’ DEA’s Sacramento notice was published in the Federal recovery of antitrust plaintiffs to actual District Office then sent the Order to Register pursuant to section 6(b) of the damages under specified circumstances. Show Cause to Dr. Fry’s residence by Act on August 16, 2002 (67 FR 53619). Specifically, NSA, Ft. Meade, MD; and Federal Express. DEA has not received a request for Constance K. Robinson, SONY, Boulder, CO have been added as parties to this venture. The following hearing or any other reply from Dr. Fry Director of Operations, Antitrust Division. university has joined INSIC as a or anyone purporting to represent her in [FR Doc. 02–32053 Filed12–19–02; 8:45 am] university associate member: University this matter. Therefore, the Deputy BILLING CODE 4410–11–M of Manchester, Manchester, United Administrator, finding that (1) 30 days Kingdom. have passed since the receipt of the No other changes have been made in Order to Show Cause, and (2) no request DEPARTMENT OF JUSTICE either the membership or planned for a hearing having been received, activity of the group research project. concludes that Dr. Fry is deemed to Antitrust Division Membership in this group research have waived her hearing right. After project remains open, and INSIC intends considering material from the Notice Pursuant to the National to file additional written notifications investigative file in this matter, the Cooperative Research and Production disclosing all changes in membership. Deputy Administrator now enters his Act of 1993—GE Global Research On June 12, 1991, INSIC filed its final order without a hearing pursuant original notification pursuant to section to 21 CFR 1301.43(d) and (e) and Notice is hereby given that, on 6(a) of the Act. The Department of 1301.46. November 7, 2002, pursuant to section Justice published a notice in the Federal The Deputy Administrator’s review of 6(a) of the National Cooperative Register pursuant to Section 6(b) of the the investigative file reveals that Dr. Fry Research and Production Act of 1993, Act on August 13, 1991 (56 FR 38465). graduated from Western Washington 15 U.S.C. 4301 et seq. (‘‘the Act’’), GE The last notification was filed with University in Bellingham, Washington Global Research has filed written the Department on may 3, 2002. A with a bachelor’s degree in both notifications simultaneously with the notice was published in the Federal chemistry and biology. Dr. Fry Attorney General and the Federal Trade Register pursuant to section 6(b) of the subsequently graduated from the Commission disclosing (1) the identities Act on June 21, 2002 (67 FR 42281). University of California—Irvine in 1985 with a degree in medicine. Shortly of the parties and (2) the nature and Constance K. Robinson, objectives of the venture. The thereafter, Dr. Fry obtained a medical Director of Operations, Antitrust Division. license in the State of California where notifications were filed for the purpose [FR Doc. 02–32054 Filed 12–19–02; 8:45 am] she initially specialized in general of invoking the Act’s provisions limiting BILLING CODE 4410–11–M medicine. Dr. Fry is currently licensed the recovery of antitrust plaintiffs to to practice medicine in the State of actual damages under specified California. circumstances. Pursuant to section 6(b) DEPARTMENT OF JUSTICE In October 1999, Dr. Fry and her of the Act, the identities of the parties husband Dale Schafer (Mr. Schafer) are GE Global Research, Niskayuna, NY; Drug Enforcement Administration opened the California Medical Research and Molecular Nanosystems, Palo Alto, Marion ‘‘Molly’’ Fry, M.D.; Revocation Center located in Cool, California. Cool CA. The nature and objectives of the of Registration is a small mountain community in El ventures are to develop and demonstrate Dorado County, California. The ‘‘Template Synthesis for Nanostructured On March 7, 2002, the Deputy investigative file reveals that Mr. Materials.’’ Assistant Administrator, Office of Schafer is an attorney, licensed to Diversion Control, Drug Enforcement practice law in the State of California. Constance K. Robinson, Administration (DEA), issued an Order The Deputy administrator finds that Director of Operations, Antitrust Division. to Show Cause to Marion ‘‘Molly’’ Fry, as a result of a routine DEA interdiction [FR Doc. 02–32055 Filed 12–19–02; 8:45 am] M.D. (Dr. Fry), proposing to revoke her operation in August 2000, an individual BILLING CODE 4410–11–M DEA Certificate of Registration, was arrested on an Amtrak train BM4859178, and deny any pending possessing ten pounds of processed
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marijuana. A search of the individual’s 20 minutes, and that time was usually learned that these growing kits belongings revealed an address to a spent with Mr. Schafer. Mr. Schafer contained six marijuana clones plants, a ranch property in El Dorado County would typically advise clients about the growing tub, and grow lights. Payment owned by an individual hereinafter legal aspects of medical marijuana, and for the kits were made to a business referred to as ‘‘RS.’’ During the that the drug was illegal under federal concern owned by Dr. Fry and Mr. subsequent execution of a search law. Mr. Schafer also reportedly advised Schafer known as ‘‘Cool Madness.’’ The warrant at RS’ home, DEA agents found clients on how to respond if arrested kits were later delivered to clients by, over 1,000 mature marijuana plants. while possessing marijuana. among others, the son of Dr. Fry and Mr. Also found during the execution of the According to some of the clients, Schafer, their daughter and her search warrant were approximately 50 consultations involving Dr. Fry were boyfriend. DEA agents also obtained sets of documents consisting of medical brief and consisted of no medical information from a source familiar with recommendations from Dr. Fry to examination or review of medical Dr. Fry and Mr. Schafer that on April several individuals, and what purported records. These clients further reported 16, 2000, Mr. Schafer sold to be registration forms for a marijuana that despite the lack of a medical approximately 40 marijuana plants to an buyers club called Sierra CPO (Cannabis examination, Dr. Fry would routinely individual in exchange for marijuana Patients Only). The medical issue recommendation certificates for smoking paraphernalia. recommendations from Dr. Fry were for marijuana. DEA’s investigation further revealed ailments such as anxiety, insomnia, One person familiar with Dr. Fry’s that in February 2001, El Dorado asthma, pre-menstrual syndrome and practice reported that Dr. Fry and Mr. County, California law enforcement restless leg syndrome. Each of the Schafer advised their staff to turn away officials received an anonymous tip recommendation certificates included a potential clients who were too ‘‘clean- from a source that claimed that he had waiver provision where the client cut’’ because of a concern that these just completed an inspection or signed an acknowledgment that clients might be undercover law appraisal of the residential property of marijuana use remains a violation of enforcement agents. DEA learned that Dr. Fry and Mr. Schafer. The source federal law. Dr. Fry and Mr. Schafer charged $150 reported seeing marijuana growing in DEA subsequently initiated an per visit which were referred to as a the yard of the residential location. This investigation of Dr. Fry and Mr. Schafer ‘‘medical/legal consultation’’ and the information was later corroborated by couple saw as many as 100 clients each when on December 28, 2000, the agency aerial surveillance conducted by the El week. DEA also received information received a telephone call from the Dorado County Sheriff’s Office (EDCSO) that client fees were deposited into the District Security Representative of of the Greenwood residence of Dr. Fry bank account of Mr. Schafer’s law United Parcel Service (UPS) regarding and Mr. Schafer. During an aerial flight practice. seven packages that were received at a on September 26, 2001, a detective for UPS location in Rocklin, California. The DEA obtained further information that Mr. Schafer kept processed marijuana in EDCSO observed marijuana plants UPS representative informed DEA that growing in an outdoor growing area as the seven packages each contained gram a duffel bag in Dr. Fry’s office, and on well as inside the greenhouse of that quantities of marijuana and were several occasions, he sold processed property. addressed to individuals at different marijuana to individuals. On one The investigative file further reveals residential locations. The return address occasion, Mr. Schafer purchased three that in April 2000, a detective for the on each of the seven packages listed pounds of processed marijuana from a ‘‘DALE, COOL CORNER VIDEO,’’ at a third party for $3,600.00 per pound, and Western El Dorado Narcotic location in Cool, California. The seven gave a portion of the marijuana to Enforcement Team (WENET) received a packages were seized. DEA another individual to sell for him. telephone call from a woman regarding subsequently learned that at least one of A source familiar with Dr. Fry’s her 19-year old son, who received a the packages was sent through UPS by practice reported to DEA that in or written recommendation for the use of Michael John Harvey, an employee of around March 2000, hundreds of marijuana from Dr. Fry. The woman Dr. Fry and Mr. Schafer. marijuana ‘‘clones’’ were observed being informed WENET that in addition to the On January 2, 2001, DEA was grown in the residential garage of Dr. written recommendation, her son contacted by Mr. Schafer who stated Fry and Mr. Schafer. A marijuana received a flyer stating that marijuana that he was the attorney representing ‘‘clone’’ is a branch clipping from a was ‘‘an alternate way to party. ’’ the recipients of the marijuana healthy, female marijuana plant. The On January 11, 2001, undercover packages. Mr. Schafer demanded the clipping is then placed into a growing agents for WENET conducted an return of the packages and stated that medium to allow the branch to establish undercover operation involving the his clients had a legal right to them. a root system and mature into a office of Dr. Fry and Mr. Schafer. The DEA subsequently informed Mr. Schafer marijuana plant. The clones are reported primary objective of the undercover that the marijuana packages would not to be of high quality and high THC (the visit was to have an undercover agent be returned to his clients and were primary psychoactive chemical obtain a recommendation for marijuana seized because they were Schedule I component of marijuana). The source from Dr. Fry or one of her associates, controlled substances unlawfully further observed ‘‘grow lights’’ (a type of without the agent providing medical shipped through a private mail carrier, fluorescent light used for indoor records or having a physical exam in violation of 21 U.S.C. 843(b). growing of marijuana), fertilizer, plant performed. During an investigation by DEA of a nutrients, and cubes of a growing Upon entering the office of Fry/ marijuana buyer’s club in late 2000, it medium into which clones are inserted Schafer, the agent was shown a video on was learned from various clients whose to take root. subjects related to marijuana use. Mr. marijuana recommendation forms were DEA also received information that on Schafer then questioned the undercover previously found at RS’ ranch that Dr. more than 100 occasions, Mr. Schafer agent as to why the agent came to the Fry provided the recommendations reportedly offered to sell marijuana office. Mr. Schafer then told the agent under questionable circumstances. ‘‘growing kits’’ to clients who came to that the number one reason people were Several clients reported that their visits Dr. Fry’s office to receive written a marijuana recommendation to Dr. Fry’s office lasted no more than recommendation certificates. DEA was for chronic pain.
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During that same undercover visit, the marketing under the Federal Food Drug some other affirmative statement agent then met with Dr. Fry’s physician and Cosmetic Act (FDCA). Therefore, indicating support for a particular assistant. The physician assistant marijuana has not been approved for patient’s use of marijuana. questioned the undercover agent marketing as a drug by the Food and Effective November 6, 1996, voters in regarding the agent’s health. The agent Drug Administration (FDA). California adopted Proposition 215, then complained of a false back injury The deleterious effects of marijuana otherwise known as the Compassionate suffered in a car accident. After a use have been outlined extensively in Use Act of 1996 (hereinafter referred to cursory examination (which consisted previous DEA final orders and will not as ‘‘Proposition 215’’). Cal. Health & of the agent grabbing and squeezing the be repeated at length here. See 66 FR Safety Code § 11362.5 (2002). fingers of the physician assistant), the 20038 (2001); 57 FR 10499 (1992). Proposition 215 provides that persons physician assistant concluded that one However, it bears mentioning again that may grow or possess marijuana ‘‘upon side of the agent’s back was weaker than the numerous significant short-term side the written or oral recommendation or the other side. Despite the cursory effects and long terms risks linked to approval of a physician.’’ Cal. Health & nature of the exam and the lack of a smoking marijuana, including damage Safety Code § 11362.5. Thus, a medical record, the undercover agent to brain cells; lung problems such as physician’s ‘‘recommendation’’ serves was provided with a written bronchitis and emphysema; a as the ‘‘permission slip’’ under recommendation for marijuana by Dr. weakening of the body’s antibacterial California law that allows the patient Fry’s physician assistant. defenses in the lungs; the lowering of (the recipient of the recommendation) to In February 2001, an undercover blood pressure; trouble with thinking grow or possess marijuana. Although WENET agent again went to the office and concentration; fatigue; sleepiness California law does not actually allow of Dr. Fry and Mr. Schafer posing as a and the impairment of motors skills, Id. anyone to distribute marijuana, potential client in need of a Marijuana was placed in Schedule I numerous marijuana traffickers began to recommendation certificate for for the same fundamental reason that it openly grow and distribute marijuana marijuana. In a recorded conversation, has never been approved for sale by the under the purported authority of state Dr. Fry was heard telling the undercover FDA; there have never been any sound law following the passage of Proposition agent that she and her husband ran a scientific studies which demonstrate 215. business selling marijuana-growing kits. that marijuana can be used safely and One example of this trend was the Dr. Fry was also heard complaining to effectively as medicine. See 66 FR sudden appearance of ‘‘cannabis clubs,’’ the agent that her husband was not 20038 (April 18, 2001) (DEA final order one of which was the subject of the making enough money with the denying petition to initiate proceeding Oakland Cannabis Buyers’ Cooperative business. Dr. Fry then offered to provide to reschedule marijuana). The Supreme Case. The Supreme Court’s ruling in to the undercover agent marijuana Court recently explained the legal Oakland Cannabis Buyers’ Cooperative clones, lights, and plant nutrients to significance of marijuana’s placement in reaffirmed what was already clear in the grow marijuana, and if the agent signed Schedule I of the CSA: CSA: that marijuana is not medicine up, she would provide the agent with Whereas some other drugs [those in under federal law and that federal law low-cost organic marijuana and growing Schedules II through V] can be dispensed prohibits the manufacture, distribution, equipment. Dr. Fry further advised the and prescribed for medical use, see 21 U.S.C. and possession of marijuana—even in a agent to buy everything from she and 829, the same is not true for marijuana. state such as California, which has Indeed, for purposes of the Controlled her husband because a local store was modified its state law to treat marijuana ‘‘staked out by the narcs.’’ Substances Act, marijuana has ‘‘no currently accepted medical use’’ at all. as medicine. On September 28, 2001, DEA and The legal significance of marijuana WENET agents executed a federal search United States v. Oakland Cannabis Buyers’ Cooperative, 532 U.S. 483, 491 (2001). ‘‘recommendations’’ was explained warrant at Dr. Fry’s registered location recently by a federal court: in Cool, California. Among the items Federal law prohibits human seized from that location was drug consumption of marijuana outside of [A] physician who recommends marijuana FDA-approved, DEA registered research. in a state that recognizes that such an act paraphernalia. On that same date, a facilitates the ability of a patient to receive second federal search warrant was Id. at 490 (‘‘For marijuana (and other marijuana is essentially writing a executed at the Greenwood residence. drugs that have been classified as prescription. The same rules should apply. During a search of the living room area, ‘schedule I’ controlled substances), Both situations involve a violation of the agents seized several grocery bags of there is but one express exception, and CSA, and, thus, both situations could warrant marijuana. Agents also seized from the it is available only for Government the revocation of a physician’s [DEA master bedroom and bedroom closets approved research projects, section registration]. numerous brown grocery bags and large 823(f).’’). Further, as the Supreme Court Moreover, DEA has the authority to revoke ziplocks plastic bags containing made clear, there is no ‘‘medical the registrations of physicians whose conduct may threaten public health or safety. marijuana and/or marijuana buds, two necessity exception’’ that allows anyone ***Given marijuana’s status as a Schedule scales, a bong as well as other drug to violate the CSA when it comes to I drug, the government could reasonably paraphernalia. marijuana, ‘‘even when the patient is conclude that a prescription or Marijuana is listed in Schedule I of ‘seriously ill’ and lacks alternative recommendation from a physician to use the Controlled Substance Act (CSA). 21 avenues for relief.’’ Id. at 495 n. 7. marijuana could threaten public health and U.S.C. 812(c); 21 CFR 1308.11. The CSA Despite provisions of both the CSA safety. defines Schedule I controlled and the FDCA regarding the non- Pearson v. McCaffrey, 139 F.Supp.2d 113, substances as those drugs or other acceptance of marijuana as an adjunct to 124 (D.D.C. 2001). substances that have ‘‘a high potential medical treatment, several states have However, before Pearson was for abuse,’’ ‘‘no currently accepted enacted laws in recent years (primarily decided, and before the Supreme Court medical use in treatment in the United through ballot initiatives) authorizing issued its ruling in Oakland Cannabis States,’’ and ‘‘a lack of accepted safety marijuana for medical purposes. These Buyers’ Cooperative, the United States for use * * * under medical state provisions authorize a physician to District Court for the Northern District supervision.’’ Also, every drug listed in provide an oral or written of California issued an unpublished Schedule I of the CSA lacks approval for ‘‘recommendation,’’ ‘‘approval,’’ or opinion that reached a different
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conclusion than the court in Pearson. In (4) Compliance with applicable state, evidenced by marijuana and drug Conant v. McCaffrey, 2000 WL 1281174 federal, or local laws relating to paraphernalia found during the search (N.D. Cal. 2000), the court observed that controlled substances. warrant of the Greenwood residence) (i) the CSA authorizes the Attorney (5) Such other conduct which may and engaging in the sale of dangerous General to revoke the DEA registration threaten the public health or safety. drugs based upon monetary of a physician who engages in ‘‘[s]uch These factors are to be considered in considerations. Such conduct is other conduct which may threaten the the disjunctive; the Deputy descriptive of unlawful distribution of a public health and safety’’ and (ii) Administrator may rely on any one or a Schedule I controlled substance, in because marijuana is a ‘‘prohibited combination of factors and may give violation of 21 U.S.C. 841(a) and substance,’’ ‘‘recommending’’ it to a each factor the weight he deems conspiracy to commit such offense in patient ‘‘might arguably fall within such appropriate in determining whether a violation of 21 U.S.C. 846. DEA has ‘other conduct.’’’ Despite reaching this registration should be revoked or an previously found that similar criminal conclusion, and without declaring the application for registration denied. See conduct provided a basis for revocation CSA unconstitutional, the Conant court Henry J. Schwartz, Jr., M.D., 54 FR of a DEA Certificate of Registration and ruled that to enforce the CSA’s 16,422 (1989). denial of an application for such revocation provisions with respect to a The continued registration of Dr. Fry registration under subsections (2), (4), California physician who recommends is inconsistent with the public interest and (5) of section 823(f). See, e.g., marijuana based on a ‘‘sincere medical and the activity that she seeks to engage Eugene Tapia, M.d., FR 26, 837 (1991); judgment’’ would violate the First in under that registration is Geoffrey A.W. DiBella 52 FR 5844 Amendment because a doctor who fundamentally incompatible with the (1987). Such conduct is particularly engages in such conduct is engaging in CSA. The Deputy Administrator finds egregious where the registrant is a form of free speech. Therefore, the that Dr. Fry allowed her husband to trafficking in illicit (Schedule I) Conant court issued an injunction that provide client consultations related to controlled substances. Here, the volume (i) prohibits DEA from revoking the DEA the medical use of marijuana. These of marijuana trafficking and related client ‘‘consultations’’ were oftentimes registration of any California physician criminal conduct is staggering for an of short duration and consisted of legal ‘‘merely because the doctor individual entrusted with a DEA advice and not that of a medical nature. recommends medical marijuana to a registration. These clients, who dealt primarily with patient based on a ‘‘sincere medical In addition, on several occasions Mr. Schafer, were advised on the proper judgment’’ and (ii) prohibits DEA ‘‘from when they had no marijuana to sell, Dr. conduct during arrests and/or how to initiating any investigation solely on Fry and Mr. Schafer referred patients to avoid law enforcement entanglements. that ground.’’ other marijuana dealers, and the couple In addition, clients of Dr. Fry routinely sold marijuana-growing equipment to On October 29, 2002, the United received marijuana recommendation patients. These acts constitute aiding States Court of Appeals for the Ninth certificates despite the lack of a medical and abetting the illegal manufacture and Circuit affirmed the Conant injunction. examination or a review of medical distribution of controlled substances. 18 The Department of Justice is currently records. This practice was corroborated U.S.C. 2. At this time, Dr. Fry has not reviewing the case to determine whether by an undercover visit to Dr. Fry’s been indicted for conduct relative to her to petition the Supreme Court for medical office by a law enforcement handling of marijuana. Nevertheless, it certiorari. DEA has abided by the agent, where the agent received a bears mentioning that the CSA provides injunction since its inception and will written recommendation for marijuana that the revocation of a DEA Certificate continue to do so for as long as it from Dr. Fry’s physician assistant of Registration is independent of, and remains in effect. Accordingly, the despite receiving only a cursory not in lieu of, criminal prosecutions. 21 Deputy Administrator’s determination examination and without medical U.S.C. 824(c). regarding the continued registration of records. Although Dr. Fry provided her clients Dr. Fry is being made in compliance Moreover, Mr. Schafer engaged in the with marijuana recommendations on with the dictates of Conant, as sale of marijuana and requested that many occasions, the revocation of Dr. explained in detail in this Final Order. others sell the drug for him. Mr. Schafer Fry’s revocation announced here Pursuant to 21 U.S.C. 823(f) and also exchanged with an individual, complies fully with the Conant 824(a)(4), the Deputy Administrator may marijuana plants for drug paraphernalia. injunction. The Deputy Administrator revoke a DEA Certificate of Registration Without evidence to the contrary, the arrives at this conclusion based on the and deny any pending applications for Deputy Administrator is led to the following: (i) DEA is not revoking Dr. renewal of such registration, if he conclusion that such sales were Fry’s registration ‘‘merely because’’ she determines that the continued motivated by profit. This conclusion is recommended marijuana to a patient registration would be inconsistent with supported in part by Dr. Fry’s admission ‘‘based on a sincere medical judgment’’; the public interest. Section 823(f) to an undercover agent that she and her and (ii) DEA did not initiate the requires that the following factors be husband were in the business of selling investigation of Dr. Fry ‘‘solely on that considered in determining the public marijuana growing kits and her ground.’’ As supported by the above interest: complaint regarding the non- findings, the Deputy Administrator’s (1) The recommendation of the profitability of that business. Finally, action in this regard is based primarily appropriate state licensing board or Dr. Fry and Mr. Schafer possessed on the facts that Dr. Fry distributed professional disciplinary authority. marijuana and drug paraphernalia at marijuana and marijuana growing their residential location, and not at Dr. equipment directly to patients, aided (2) The applicant’s experience in Fry’s office where patients purportedly and abetted the distribution of dispensing, or conducting research with received medical treatment. marijuana (by referring patients to respect to controlled substances. The conduct of Dr. Fry and Mr. marijuana dealers), and engaged in a (3) The applicant’s conviction record Schafer bears no resemblance to a conspiracy to commit these felony under federal or state laws relating to legitimate medical practice. Rather, it is offenses. the manufacture, distribution, or more suggestive of persons obtaining Furthermore, there remain questions dispensing of controlled substances. marijuana for personal use (as as to whether Dr. Fry’s
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recommendations were ‘‘based on a Houba, Inc. (Houba), for registration as apparently not engaged in the import or sincere medical judgment.’’ As alluded an importer of the Schedule II bulk manufacture of narcotic raw to above, the evidence suggests that Dr. controlled substances raw opium, materials or controlled substances since Fry and her husband gave out opium poppy, and poppy straw withdrawing a previous application to recommendations solely as a concentrate is published pursuant to 21 manufacture the Schedule II controlled moneymaking venture without CFR 1301.34(a). On September 6, 2001, substance methylphenidate in 1994, and conducting anything resembling a notice was published in the Federal that existing manufacturers of bulk medical evaluation of the clients. Register, 66 FR 46653 (DEA 2001), narcotic substances are producing an Because Dr. Fry’s recommendations stating that Houba has applied to be adequate and uninterrupted supply were not ‘‘based on a sincere medical registered as an importer of raw opium, under adequately competitive judgment,’’ the Conant injunction does opium poppy, and poppy straw conditions. Noramco further asserts that not prohibit the investigation of Dr. Fry concentrate. Houba’s parent corporation, Halsey ‘‘solely on that ground.’’ By filings dated October 9, 2001, Pharmaceutical (Halsey), has previously Even if Dr. Fry’s recommendations Penick Corporation (Penick), Noramco failed to comply with DEA regulations were ‘‘sincere,’’ DEA did not initiate its of Delaware, Inc. (Noramco), and and pled guilty in 1993 to drug investigation of her ‘‘solely on that Mallinckrodt, Inc. (Mallinckrodt), filed manufacturing-related crimes, that five ground.’’ Rather, the investigation was comments and request for hearing on former Halsey employees were indicted initiated because Dr. Fry and Mr. Houba’s application. Notice is hereby as a result, and that a controlled Schafer distributed marijuana through a given that a hearing with respect to substance-related murder occurred at commercial shipping company. When Houba’s application to be registered as Halsey’s premises in 1992. Noramco the shipping company discovered that an importer of raw opium, opium also asserts that that there is significant the packages contained marijuana, it poppy, and poppy straw concentrate evidence that Halsey has serious informed DEA. During the course of the will be conducted pursuant to the financial problems and does not likely investigation, DEA agents learned that provisions of 21 U.S.C. 952(a) and 958 have the financial resources to import the return address labels on the and 21 CFR 1301.34. and process narcotic raw materials. marijuana packages contained an Finally, Noramco asserts that as of the Hearing Date address associated with Dr. Fry and Mr. date of its request for hearing, Schafer. The hearing will begin at 9:30 a.m. on Mallinckrodt and Noramco were Dr. Fry did not respond to the Order February 3, 2003, and will be held at the registered by DEA to import narcotic to Show Cause and consequently did Drug Enforcement Administration raw materials and applications by not refute the Government’s assertions Headquarters, 600 Army Navy Drive, Penick, Chattem Chemicals, Inc. or information contained within the Hearing Room, Room E–2103, (Chattem), and Johnson Matthey, Inc. investigative file. As a result, her DEA Arlington, Virginia. The hearing will be (Johnson Matthey), were pending, and registration must be revoked. closed to any person not involved in the that DEA is statutorily constrained to Accordingly, the Deputy Administrator preparation or presentation of the case. limit the number of approved importers and manufacturers to a number that can of the Drug Enforcement Notice of Appearance Administration, pursuant to the produce an adequate and uninterrupted authority vested in him by 21 U.S.C. 823 Any person entitled to participate in supply of controlled substances for and 824 and 28 CFR 0.100(b) and 0.104, this hearing pursuant to 21 CFR legitimate medical, scientific, research, hereby orders that DEA Certificate of 1301.34, and desiring to do so, may and industrial purposes under registration BM4859178, issued to participate by filing a notice of intention adequately competitive conditions. Marion ‘‘Molly’’ Fry, M.D. be, and it to participate, in triplicate, and in Penick’s Comments accordance with 21 CFR 1301.34, with hereby is, revoked. The Deputy Penick states that based on Administrator further orders that any the Hearing Clerk, Office of Administrative Law Judges, Drug information in the public record, it pending applications for renewal of appears that Houba may not be able to such registration be, and they hereby Enforcement Administration, Washington, DC 20537, within 30 days establish that its registration to import are, denied. This order is effective narcotic raw materials would be in the January 21, 2003. of the date of publication of this notice in the Federal Register. Each notice of public interest, that in light of the Dated: December 13, 2002. appearance must be in the form applications for registration to import John B. Brown, III, prescribed in 21 CFR 1316.48. Houba, that were pending at the time Penick Deputy Administrator. Penick, Noramco, Mallinckrodt, and the filed its comments a determination of [FR Doc. 02–32008 Filed 12–19–02; 8:45 am] Drug Enforcement Administration the adequacy of competition among importers could not be made; that BILLING CODE 4410–09–M (DEA) Office of Chief Counsel need not file a notice of intention to participate. although it is not possible to determine Houba’s capabilities to process narcotic FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF JUSTICE raw materials in its manufacturing Helen D. Farmer, Hearing Clerk, Drug facilities, it appears that Houba has Drug Enforcement Administration Enforcement Administration, Office of never been registered to manufacture a Administrative Law Judges, product produced from these [Docket No. 02–6] Washington, DC 20537; Telephone (202) substances; and that Penick is not aware 307–8188. Houba, Inc., Culver, IN; Notice of whether Houba has ever held DEA Administrative Hearing, Summary of Summary of Comments and Objections registration as a researcher that would allow it to develop methods and Comments and Objections; Notice of Noramco’s Comments Hearing procedures for processing narcotic raw Noramco asserts that Houba bears the materials. Penick further asserts that This Notice of Administrative burden of providing that its registration additional information is necessary Hearing, Summary of Comments and to import would be consistent with the about Houba’s experience in processing Objections, regarding the application of public interest, that Houba has narcotic raw materials and
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manufacturing opiate active wastage of narcotic raw materials. of the Trade Act of 1974 (‘‘the Act’’) and pharmaceutical ingredients; about Mallinckrodt further asserts that DEA is are identified in the Appendix to this Houba’s knowledge of and experience required to limit the number of notice. Upon receipt of these petitions, with the international marketplace, importers and that the existing the Director of the Division of Trade customs and practices associated with registrants provide an adequate supply Adjustment Assistance, Employment purchases of narcotic raw materials, and under adequately competitive and Training Administration, has control of possible diversion of those conditions. In addition, Mallinckrodt instituted investigations pursuant to materials; and about whether Houba’s asserts that Houba should be required to Section 221(a) of the Act. manufacturing facility complies with demonstrate that, if registered, it would The purpose of each of the DEA’s security requirements, including produce opiates from both opium and those pertaining to the transport of poppy straw concentrate, because investigations is to determine whether narcotic raw materials from their port of failing to do so would violate DEA’s the workers are eligible to apply for entry in the United States to Houba’s ‘‘eighty-twenty-rule’’ and DEA’s policy adjustment assistance under Title II, facility. Finally, Penick asserts that against permitting manufacturers to Chapter 2, of the Act. The investigations Halsey has suffered serious financial hold registrations and no use them, and will further relate, as appropriate, to the difficulties and may be seeking an because failing to do so would increase determination of the date on which total importer registration in order to attract the instability of supply of narcotic raw or partial separations began or potential investors and funding, and materials. Finally, Mallinckrodt asserts threatened to begin and the subdivision that Halsey has encountered various that Halsey admits that it is in a of the firm involved. regulatory problems. precarious financial position, that The petitioners or any other persons Halsey is in a position to control Mallinckrodt’s Comments showing a substantial interest in the Houba’s management and operations, subject matter of the investigations may Mallinckrodt asserts that Houba bears and that Halsey had a poor history of request a public hearing, provided such but cannot meet the burden of providing compliance with regulatory request is filed in writing with the that its application satisfies applicable requirements throughout the 1990s; that Director, Division of Trade Adjustment legal standards; that DEA, pursuant to it is uncertain whether Houba has the Assistance, at the address shown below, its ‘‘eighty-twenty rule’’ (21 CFR technical capability to process opium not later than December 30, 2002. 1312.13(f), requires importers of and poppy straw concentrate; and that narcotic raw material to purchase eighty Mallinckrodt has no knowledge that Interested persons are invited to percent of these substances from India Houba has any experience in importing submit written comments regarding the and/or Turkey and the remaining or extracting narcotic raw materials. subject matter of the investigations to twenty percent from Yugoslavia, France, the Director, Division of Trade Dated: December 13, 2002. Poland, Hungary, and/or Australia, Adjustment Assistance, at the address which provides insurmountable cost John B. Brown III, shown below, not later than December advantages to foreign producers; that in Deputy Administrator. 30, 2002. [FR Doc. 02–32007 Filed 12–19–02; 8:45 am] order to demonstrate that its application The petitions filed in this case are is in the public interest, Houba must BILLING CODE 4410–09–M available for inspection at the Office of demonstrate not only that it has the Director, Division of Trade adequate physical security at its facility, Adjustment Assistance, Employment DEPARTMENT OF LABOR but also that it has a proven technology and Training Administration, U.S. for processing narcotic raw materials Department of Labor, Room C–5311, 200 that meets federal regulatory Employment and Training Administration Constitution Avenue, NW., Washington, requirements, a detailed marketing and DC 20210. business plan, plans and firm capital Investigations Regarding Certifications commitments for construction of the Signed at Washington, DC this 6th day of of Eligibility To Apply for Worker December, 2002. facility in which it will process narcotic Adjustment Assistance raw materials, and personnel with Edward A. Tomchick, experience and expertise to implement Petitions have been filed with the Director, Division of Trade Adjustment the proven technology with minimal Secretary of Labor under Section 221(a) Assistance.
APPENDIX [Petitions instituted between 11/25/2002 and 11/29/2002]
Subject Firm Date of Date of TA–W (petitioners) Location institution petition
50,174 ...... Burgess Norton Foundry (Comp) ...... Muskegon, MI ...... 11/25/2002 11/09/2002 50,175 ...... T.L. Diamond and Company, Inc. (Comp) ...... New York, NY ...... 11/25/2002 11/22/2002 50,176 ...... Idaho Circuit Technology Corp. (Comp) ...... Glenns Ferry, ID ...... 11/25/2002 11/22/2002 50,177 ...... Carptenter Technology Corp. (Wkrs) ...... McBee, SC ...... 11/25/2002 11/22/2002 50,178 ...... Evanite Fiber Corporation (Comp) ...... Corvallis, OR ...... 11/25/2002 11/22/2002 50,179 ...... SMT, Inc. (UAW) ...... Hanover, MI ...... 11/25/2002 11/18/2002 50,180 ...... Dallco Industries, Inc. (Comp) ...... York, PA ...... 11/25/2002 11/22/2002 50,181 ...... Eagle Zinc Company (Comp) ...... Hillsboro, IL ...... 11/25/2002 11/22/2002 50,182 ...... TSCO/Tube Specialties Co., Inc. (Wkrs) ...... Troutdale, OR ...... 11/26/2002 11/20/2002 50,183 ...... Donaldson Company, Inc. (Comp) ...... Port Huron, MI ...... 11/26/2002 11/19/2002 50,184 ...... Corning Cable Systems (Wkrs) ...... Hickory, NC ...... 11/26/2002 11/13/2002 50,185 ...... Smurfit-Stond (PACE) ...... Milwaukee, WI ...... 11/26/2002 11/22/2002 50,186 ...... Don Shapiro Industries (Comp) ...... El Paso, TX ...... 11/26/2002 11/06/2002 50,187 ...... Crown Casting, Inc. (NJ) ...... Midland Park, NJ ...... 11/26/2002 11/19/2002
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APPENDIX—Continued [Petitions instituted between 11/25/2002 and 11/29/2002]
Subject Firm Date of Date of TA–W (petitioners) Location institution petition
50,188 ...... JDS Uniphase (NJ) ...... West Trenton, NJ ...... 11/26/2002 11/14/2002 50,189 ...... Temco Fireplace Products (Wkrs) ...... Manchester, TN ...... 11/26/2002 11/21/2002 50,190 ...... Powdertech Corp. (Comp) ...... Valparaiso, IN ...... 11/26/2002 11/20/2002 50,191 ...... Alfred Dunner, Inc. (NJ) ...... Parsippany, NJ ...... 11/26/2002 11/14/2002 50,192 ...... Smith and Wesson Corp. (Comp) ...... Springfield, MA ...... 11/26/2002 11/22/2002 50,193 ...... Dan River, Inc. (Wkrs) ...... Greenville, SC ...... 11/26/2002 11/06/2002 50,194 ...... Allen-Edmonds Shoe Corp. (Wkrs) ...... Lewiston, ME ...... 11/26/2002 11/18/2002 50,195 ...... ZSML Corp. (Comp) ...... San Fernando, CA ...... 11/26/2002 11/14/2002 50,196 ...... Rockford Company (The) (Comp) ...... Rockford, IL ...... 11/26/2002 11/26/2002 50,197 ...... Williamsport Wirerope Works (USWA) ...... Williamsport, PA ...... 11/27/2002 11/22/2002 50,198 ...... Vaagen Brothers Lumber, Inc. (Comp) ...... Republic, WA ...... 11/27/2002 11/25/2002 50,199 ...... J Dreier Enterprises LTD (Comp) ...... New Brighton, MN ...... 11/27/2002 11/19/2002 50,200 ...... Wabash Alloys LLC (Comp) ...... Benton, AR ...... 11/27/2002 11/25/2002 50,201 ...... Aerostar International, Inc. (Wkrs) ...... Parkston, SD ...... 11/27/2002 11/19/2002 50,202 ...... General Electric Company (USWA) ...... Bridgeville, PA ...... 11/27/2002 11/19/2002 50,203 ...... SMS Eumuco, Inc. (Comp) ...... Pittsburgh, PA ...... 11/27/2002 11/21/2002 50,204 ...... Kokusai Semiconductor Equipment Corp. (Co N. Billerica, MA ...... 11/27/2002 11/16/2002 50,205 ...... McInnes Rolled Rings (Wkrs) ...... Erie, PA ...... 11/27/2002 11/26/2002 50,206 ...... Inland production Company (Wkrs) ...... Myton, UT ...... 11/27/2002 11/25/2002 50,207 ...... Dana Corporation (Wkrs) ...... Morganton, NC ...... 11/27/2002 11/19/2002 50,208 ...... Marshall Erdman Techline (UBCJA ...... Waunakee, WI ...... 11/27/2002 11/26/2002 50,209 ...... Facemate Corp. (Wkrs) ...... Greenwood, SC ...... 11/27/2002 11/18/2002 50,210 ...... Convereys (Wkrs) ...... Jacksonville, FL ...... 11/27/2002 11/11/2002 50,211 ...... Trigon Engineering (AR) ...... Lt. Rock, AR ...... 11/27/2002 11/27/2002 50,212 ...... Lakeside Machine, Inc. (IBT) ...... Gladstone, MI ...... 11/27/2002 11/27/2002 50,213 ...... Fishercast, Inc. (Comp) ...... Watertown, NY ...... 11/27/2002 11/20/2002 50,214 ...... Arvin/Meritor Automotive (UAW) ...... Oshkosh, WI ...... 11/29/2002 11/27/2002 50,215 ...... Greystone, Inc. (Comp) ...... Providence, RI ...... 11/29/2002 11/26/2002 50,216 ...... Carney Products Company, LTD (Comp) ...... Saint Maries, ID ...... 11/29/2002 11/13/2002 50,217 ...... Emerald Creek Garnet (Comp) ...... Fernwood, ID ...... 11/29/2002 11/27/2002 50,218 ...... United Sewing (Comp) ...... Etowah, TN ...... 11/29/2002 11/27/2002 50,219 ...... Maytag NLP (UAW) ...... Newton, IA ...... 11/29/2002 11/27/2002 50,220 ...... Trus Joist, A Weyerhaeuser Business (Wkrs) Stayton, OR ...... 11/29/2002 11/26/2002 50,221 ...... Ericsson Wireless Communications (Comp) .. San Diego, CA ...... 11/29/2002 11/21/2002 50,222 ...... Great Northern Tool and Die, Inc. (Comp) ..... Chesterfield, MI ...... 11/29/2002 11/22/2002
[FR Doc. 02–32097 Filed 12–19–02; 8:45 am] instituted investigations pursuant to Interested persons are invited to BILLING CODE 4510–30–M Section 221(a) of the Act. submit written comments regarding the The purpose of each of the subject matter of the investigations to investigations is to determine whether the Director, Division of Trade DEPARTMENT OF LABOR the workers are eligible to apply for Adjustment Assistance, at the address adjustment assistance under Title II, shown below, not later than December Employment and training Chapter 2, of the Act. The investigations 30, 2002. Administration will further relate, as appropriate, to the The petitions filed in this case are available for inspection at the Office of Investigations Regarding Certifications determination of the date on which total the Director, Division of Trade of Eligibility To Apply for Worker or partial separations began or Adjustment Assistance, Employment Adjustment Assistance threatened to begin and the subdivision of the firm involved. and Training Administration, U.S. Petitions have been filed with the The petitioners or any other person Department of Labor, Room C–5311, 200 Secretary of labor under Section 221(a) showing a substantial interest in the Constitution Avenue, NW., Washington, of the trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may DC 20210. are identified in the Appendix to this request a public hearing, provided such Signed at Washington, DC this 29the day notice. Upon receipt of these petitions, request is filed in writing with the of November, 2002. the Director of the Division of Trade Director, Division of Trade Adjustment Edward A. Tomchick, Adjustment Assistance, Employment Assistance, at the address shown below, Director, Division of Trade Adjustment and Training Administration, has not later than December 30, 2002. Assistance.
APPENDIX [Petitions instituted between 11/18/2002 and 11/22/2002]
Subject Firm Date of Date of TA–W (petitioners) Location institution petition
50,107 ...... Optek Technology, Inc. (Wkrs) ...... Carrollton, TX ...... 11/18/2002 11/15/2002
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APPENDIX—Continued [Petitions instituted between 11/18/2002 and 11/22/2002]
Subject Firm Date of Date of TA–W (petitioners) Location institution petition
50,108A ...... Ericsson, Inc. (Comp) ...... Richardson, TX ...... 11/18/2002 11/15/2002 50,108 ...... Ericsson, Inc. (Comp) ...... Plano, TX ...... 11/18/2002 11/15/2002 50,109 ...... Creative Mold Co., LLC (Comp) ...... Auburn, ME ...... 11/18/2002 11/15/2002 50,110 ...... Emerson Motor Company (Comp) ...... Sturgeon Bay, WI ...... 11/18/2002 11/12/2002 50,111 ...... Osram Sylvania Products, Inc. (Comp) ...... Bangor, ME ...... 11/18/2002 11/15/2002 50,112 ...... California Manufacturing Co. (Comp) ...... Pelahatchie, MS ...... 11/18/2002 11/05/2002 50,113 ...... Fleming Lumber Co. (Comp) ...... Milligan, FL ...... 11/18/2002 11/18/2002 50,114 ...... Cadmus Mack (Wkrs) ...... E. Stroudsburg, PA ...... 11/18/2002 11/18/2002 50,115 ...... Intel Corp. (Wkrs) ...... Chandler, AZ ...... 11/18/2002 11/11/2002 50,116 ...... J-Star Bodco, Inc. (Comp) ...... Ft. Atkinson, WI ...... 11/18/2002 11/16/2002 50,117 ...... Flextronics International (Wkrs) ...... Longmont, CO ...... 11/19/2002 11/12/2002 50,118 ...... Volex, Inc. (Comp) ...... Clinton, AR ...... 11/19/2002 11/07/2002 50,119 ...... U.S. Repeating Arms Company (Comp) ...... New Haven, CT ...... 11/19/2002 11/08/2002 50,120 ...... TIMET (USWA) ...... Henderson, NV ...... 11/19/2002 11/12/2002 50,121 ...... VMV Enterprises, Inc. (IAMAW) ...... Paducah, KY ...... 11/19/2002 11/18/2002 50,122 ...... FCI USA, Inc. (Wkrs) ...... Etters, PA ...... 11/19/2002 11/14/2002 50,123 ...... Garden State Tanning, Inc. (UNITE) ...... Fleetwood, PA ...... 11/19/2002 11/04/2002 50,124 ...... Thomson Multimedia, Inc. (Wkrs) ...... Lancaster, PA ...... 11/19/2002 11/08/2002 50,125 ...... Ovalstrapping, Inc. (Wkrs) ...... Hoquiam, WA ...... 11/19/2002 11/13/2002 50,126 ...... Johnson Controls, Inc. (UAW) ...... Fullerton, CA ...... 11/19/2002 11/13/2002 50,127 ...... Orgreen Corp. (Wkrs) ...... Bend, OR ...... 11/19/2002 11/15/2002 50,128 ...... GE Gas Turbines (Wkrs) ...... Greenville, SC ...... 11/19/2002 11/15/2002 50,129 ...... IBM (Wkrs) ...... Piscataway, NJ ...... 11/19/2002 11/13/2002 50,130 ...... Lakeview Forge Company (USWA) ...... Erie, PA ...... 11/19/2002 11/18/2002 50,131 ...... Lear Corporation (UNITE) ...... Carlisle, PA ...... 11/19/2002 11/11/2002 50,132 ...... Ceramic Cooling Technologies (Comp) ...... Fort Worth, TX ...... 11/19/2002 11/07/2002 50,133 ...... Phelps Dodge Wire and Cable (Wkrs) ...... W. Caldwell, NJ ...... 11/19/2002 11/14/2002 50,134 ...... Zierick Manufacturing Corp. (Wkrs) ...... Yatesboro, PA ...... 11/19/2002 11/14/2002 50,135 ...... Punch Components (Wkrs) ...... Lima, OH ...... 11/19/2002 11/12/2002 50,136 ...... Bissell Homecare, Inc. (Comp) ...... Walker, MI ...... 11/19/2002 11/11/2002 50,137 ...... SL Outer Banks, LLC (Comp) ...... Lumberton, NC ...... 11/19/2002 11/18/2002 50,138 ...... BBA Nonwovens (AWPPW) ...... Washougal, WA ...... 11/20/2002 11/19/2002 50,139 ...... Lau Industries (Wkrs) ...... Fridley, MN ...... 11/20/2002 11/15/2002 50,140 ...... Basler Electric Company (Comp) ...... Corning, AR ...... 11/20/2002 11/18/2002 50,141 ...... Tecumseh (IAM) ...... New Holstein, WI ...... 11/20/2002 11/19/2002 50,142 ...... Midas International Corporation (PACE) ...... Hartford, WI ...... 11/20/2002 11/19/2002 50,143 ...... True North Enterprises (Wkrs) ...... La Feria, TX ...... 11/20/2002 11/19/2002 50,144 ...... Saint-Gobain Abrasives (Comp) ...... Flowery Branch, GA ...... 11/20/2002 11/12/2002 50,145 ...... Ardco Holdings, Inc. (Comp) ...... Scottsboro, AL ...... 11/20/2002 11/19/2002 50,146 ...... Tetra Tool Company (Wkrs) ...... Erie, PA ...... 11/20/2002 11/12/2002 50,147 ...... Sanmina-SCI Corporation (Comp) ...... Word Hill, MA ...... 11/20/2002 11/14/2002 50,148 ...... Newark Atlantic Paper Board (PACE) ...... Lawrence, MA ...... 11/20/2002 11/18/2002 50,149 ...... New Roan Corp. (Comp) ...... Hialeah, FL ...... 11/21/2002 11/05/2002 50,150 ...... Thomasville Furniture Industries, Inc. (Comp) Thomasville, NC ...... 11/21/2002 11/20/2002 50,151 ...... Sig Doboy (Wkrs) ...... New Richmond, WI ...... 11/21/2002 11/20/2002 50,152 ...... Kennecott Rawhide Mining Company (Comp) Fallon, NV ...... 11/21/2002 11/20/2002 50,153 ...... Triangle Apparel, Inc. (Comp) ...... Parsons, TN ...... 11/21/2002 11/20/2002 50,154 ...... Aurafin OroAmerica (Wkrs) ...... Burbank, CA ...... 11/21/2002 11/12/2002 50,155 ...... PCC Airfoils (Wkrs) ...... Douglas, GA ...... 11/21/2002 11/18/2002 50,156 ...... ITT Industries—Jabsco (UAW) ...... Costa Mesa, CA ...... 11/21/2002 11/19/2002 50,157 ...... Durango-Georgia Paper Col (Comp) ...... St. Marys, GA ...... 11/21/2002 11/14/2002 50,158 ...... Alcatel USA (Wkrs) ...... Plano, TX ...... 11/21/2002 11/19/2002 50,159 ...... Pliant Solutions (Wkrs) ...... Ft. Edward, NY ...... 11/21/2002 11/13/2002 50,160 ...... Edward Vogt Valve Company (Wkrs) ...... Jeffersonville, IN ...... 11/21/2002 11/18/2002 50,161 ...... Magruder Color Company, Inc. (Comp) ...... Elizabeth, NJ ...... 11/21/2002 11/06/2002 50,162 ...... Magnivision (Wkrs) ...... Miramar, FL ...... 11/21/2002 11/14/2002 50,163 ...... Seadrift Coke, L.P. (Comp) ...... Port Lavaca, TX ...... 11/22/2002 11/21/2002 50,164 ...... Sunbeam Products Inc. (Comp) ...... Neosho, MO ...... 11/22/2002 11/08/2002 50,165 ...... Weyerhaeuser Company (Comp) ...... Johnsonburg, PA ...... 11/22/2002 11/15/2002 50,166 ...... L. Chessler, Inc. (UNITE) ...... Philadelphia, PA ...... 11/22/2002 11/21/2002 50,167 ...... Bike Athletic Company (UNITE) ...... Knoxville, TN ...... 11/22/2002 11/21/2002 50,168 ...... Square D Company (Comp) ...... Knightdale, NC ...... 11/22/2002 11/20/2002 50,169 ...... Solectron Corporation (Comp) ...... Fremont, CA ...... 11/22/2002 11/21/2002 50,170 ...... Erasteel, Inc. (Wkrs) ...... McKeesport, PA ...... 11/22/2002 11/15/2002 50,171 ...... JK Tool and Die, Inc. (Comp) ...... Apollo, PA ...... 11/22/2002 11/22/2002 50,172 ...... Applied Films Corp. (Wkrs) ...... Longmont, CO ...... 11/22/2002 11/19/2002 50,173 ...... Twyford Int’l, Inc. (Comp) ...... Sebring, FL ...... 11/22/2002 11/15/2002
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[FR Doc. 02–32098 Filed 12–19–02; 8:45 am] Bristol Bay Native Association on behalf DEPARTMENT OF LABOR BILLING CODE 4510–30–M of Bristol Bay salmon fishermen, State of Alaska Commercial Fisheries Entry Employment and Training Commission Permit # 60008B, Administration DEPARTMENT OF LABOR Dillingham, Alaska. [NAFTA–6710] Employment and Training The petitioner has requested that the Administration petition be withdrawn. Consequently, State of Alaska Commercial Fisheries further investigation in this case would Entry Commission Permit #57738S, Workforce Investment Act of 1998: serve no purpose, and the investigation Dillingham, AK; Notice of Termination Proposed Collection: Notice of Intent has been terminated. of Investigation To Reinstate the Unified State Planning Pursuant to Title V of the North Guidance; Correction Signed in Washington, DC this 29th day of November, 2002. American Free Trade Agreement AGENCY: Employment and Training Linda G. Poole, Implementation Act (Pub. L. 103–182) Administration, USDOL. Certifying Officer, Division of Trade concerning transitional adjustment ACTION: Correction. Adjustment Assistance. assistance, hereinafter called NAFTA– [FR Doc. 02–32100 Filed 12–19–02; 8:45 am] TAA and in accordance with Section SUMMARY: In notice document 02–31560 250(a), Subchapter D, Chapter 2, Title II, beginning on page 76758 in the issue of BILLING CODE 4510–30–P of the Trade Act of 1974, as amended Friday, December 13, 2002, make the (19 U.S.C. 2273), an investigation was following correction: In the first initiated on September 5, 2002 in DEPARTMENT OF LABOR column, following the category for response to a petition filed by the SUMMARY, please insert the following Employment and Training Bristol Bay Native Association on behalf text: Administration of Bristol Bay salmon fishermen, State DATES: Written comments must be of Alaska Commercial Fisheries Entry Commission Permit #57738S, submitted to the office listed in the [NAFTA–6708] addressee’s section below on or before Dillingham, Alaska. The petitioner has requested that the February 18, 2003. State of Alaska Commercial Fisheries petition be withdrawn. Consequently, ADDRESSES: Maria Flynn, Office of One- Entry Commission Permit # 57190O, Stop Operations/ATTN: Dolores Hall- further investigation in this case would Dillingham, AK; Notice of Termination serve no purpose, and the investigation Beran, U.S. Department of Labor, 200 of Investigation Constitution Avenue, NW., Room S– has been terminated. 4231, Washington, DC 20210: (202) 693– Pursuant to Title V of the North Signed in Washington, DC, this 29th day of 3045 (phone) (this is not a toll-free American Free Trade Agreement November, 2002. number); (202) 693–3015 (fax); or e- Implementation Act (Pub. L. 103–182) Linda G. Poole, mail: [email protected]. concerning transitional adjustment Certifying Officer, Division of Trade Signed at Washington, DC this 16th day of assistance, hereinafter called NAFTA– Adjustment Assistance. December, 2002. TAA and in accordance with Section [FR Doc. 02–32102 Filed 12–19–02; 8:45 am] Grace A. Kilbane, 250(a), Subchapter D, Chapter 2, Title II, BILLING CODE 4510–30–P Administrator, Office of Workforce of the Trade Act of 1974, as amended Investment, Employment and Training (19 U.S.C. 2273), an investigation was DEPARTMENT OF LABOR Administration. initiated on September 5, 2002 in [FR Doc. 02–32096 Filed 12–19–02; 8:45 am] response to a petition filed by the Employment and Training BILLING CODE 4510–30–P Bristol Bay Native Association on behalf Administration of Bristol Bay salmon fishermen, State of Alaska Commercial Fisheries Entry NAFTA–6711 DEPARTMENT OF LABOR Commission Permit # 57190O, State of Alaska Commercial Fisheries Employment and Training Dillingham, Alaska. Entry Commission Permit #66298R, Administration The petitioner has requested that the Dillingham, AK; Notice of Termination [NAFTA–6707] petition be withdrawn. Consequently, of Investigation further investigation in this case would State of Alaska Commercial Fisheries serve no purpose, and the investigation Pursuant to Title V of the North American Free Trade Agreement Entry Commission Permit # 60008B, has been terminated. Implementation Act (Pub. L. 103–182) Dillingham, AK; Notice of Termination Signed in Washington, DC this 29th day of of Investigation concerning transitional adjustment November, 2002. assistance, hereinafter called NAFTA– Pursuant to Title V of the North Linda G. Poole, TAA and in accordance with section American Free Trade Agreement Certifying Officer, Division of Trade 250(a), Subchapter D, Chapter 2, Title II, Implementation Act (Pub. L. 103–182) Adjustment Assistance. of the Trade Act of 1974, as amended concerning transitional adjustment [FR Doc. 02–32101 Filed 12–19–02; 8:45 am] (19 U.S.C. 2273), an investigation was assistance, hereinafter called NAFTA– BILLING CODE 4510–30–P initiated on September 5, 2002 in TAA and in accordance with Section response to a petition filed by the 250(a), Subchapter D, Chapter 2, Title II, Bristol Bay Native Association on behalf of the Trade Act of 1974, as amended of Bristol Bay salmon fishermen, State (19 U.S.C. 2273), an investigation was of Alaska Commercial Fisheries Entry initiated on September 5, 2002 in Commission Permit # 66298R, response to a petition filed by the Dillingham, Alaska.
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The petitioner has requested that the Implementation Act (Pub. L. 103–182) DEPARTMENT OF LABOR petition be withdrawn. Consequently, concerning transitional adjustment further investigation in this case would assistance, hereinafter called NAFTA– Employment and Training serve no purpose, and the investigation TAA and in accordance with section Administration has been terminated. 250(a), Subchapter D, Chapter 2, Title II, [NAFTA–6764] Signed in Washington, DC this 29th day of of the Trade Act of 1974, as amended November, 2002. (19 U.S.C. 2273), an investigation was State of Alaska Commercial Fisheries Linda G. Poole, initiated on September 5, 2002 in Entry Commission Permit #57815F, Certifying Officer, Division of Trade response to a petition filed by the Igiugig, AK; Notice of Termination of Adjustment Assistance. Bristol Bay Native Association on behalf Investigation [FR Doc. 02–32103 Filed 12–19–02; 8:45 am] of Bristol Bay salmon fishermen, State of Alaska Commercial Fisheries Entry Pursuant to Title V of the North BILLING CODE 4510–30–P Commission Permit # 58886G, Igiugig, American Free Trade Agreement Alaska. Implementation Act (Pub. L. 103–182) DEPARTMENT OF LABOR The petitioner has requested that the concerning transitional adjustment petition be withdrawn. Consequently, assistance, hereinafter called NAFTA– Employment and Training further investigation in this case would TAA and in accordance with section Administration serve no purpose, and the investigation 250(a), Subchapter D, Chapter 2, Title II, has been terminated. of the Trade Act of 1974, as amended [NAFTA–6761] Signed in Washington, DC this 29th day of (19 U.S.C. 2273), an investigation was initiated on September 5, 2002 in State of Alaska Commercial Fisheries November, 2002. response to a petition filed by the Entry Commission Permit # 67323E, Linda G. Poole, Bristol Bay Native Association on behalf Goodnews Bay, AL; Notice of Certifying Officer, Division of Trade of Bristol Bay salmon fishermen, State Termination of Investigation Adjustment Assistance. [FR Doc. 02–32105 Filed 12–19–02; 8:45 am] of Alaska Commercial Fisheries Entry Commission Permit #57815F, Igiugig, Pursuant to Title V of the North BILLING CODE 4510–30–P American Free Trade Agreement Alaska. Implementation Act (Pub. L. 103–182) The petitioner has requested that the concerning transitional adjustment DEPARTMENT OF LABOR petition be withdrawn. Consequently, assistance, hereinafter called NAFTA– further investigation in this case would TAA and in accordance with section Employment and Training serve no purpose, and the investigation 250(a), Subchapter D, Chapter 2, Title II, Administration has been terminated. of the Trade Act of 1974, as amended Signed in Washington, DC this 29th day of (19 U.S.C. 2273), an investigation was [NAFTA–6763] November, 2002. initiated on September 5, 2002 in Linda G. Poole, response to a petition filed by the State of Alaska Commercial Fisheries Certifying Officer, Division of Trade Bristol Bay Native Association on behalf Entry Commission Permit #55961K, Adjustment Assistance. of Bristol Bay salmon fishermen, State Igiugig, AK; Notice of Termination of [FR Doc. 02–32107 Filed 12–19–02; 8:45 am] Investigation of Alaska Commercial Fisheries Entry BILLING CODE 4510–30–P Commission Permit # 67323E, Goodnews Bay, Alaska. Pursuant to Title V of the North American Free Trade Agreement The petitioner has requested that the DEPARTMENT OF LABOR petition be withdrawn. Consequently, Implementation Act (Pub. L. 103–182) further investigation in this case would concerning transitional adjustment Employment and Training serve no purpose, and the investigation assistance, hereinafter called NAFTA– Administration has been terminated. TAA and in accordance with section 250(a), Subchapter D, Chapter 2, Title II, [NAFTA–6765] Signed in Washington, DC this 29th day of of the Trade Act of 1974, as amended November, 2002. (19 U.S.C. 2273), an investigation was State of Alaska Commercial Fisheries Linda G. Poole, initiated on September 5, 2002 in Entry Commission Permit # 64881C, Certifying Officer, Division of Trade response to a petition filed by the Igiugig, AK; Notice of Termination of Adjustment Assistance. Bristol Bay Native Association on behalf Investigation [FR Doc. 02–32104 Filed 12–19–02; 8:45 am] of Bristol Bay salmon fishermen, State Pursuant to Title V of the North BILLING CODE 4510–30–P of Alaska Commercial Fisheries Entry American Free Trade Agreement Commission Permit # 55961K, Igiugig, Implementation Act (Pub. L. 103–182) Alaska. concerning transitional adjustment DEPARTMENT OF LABOR The petitioner has requested that the assistance, hereinafter called NAFTA– petition be withdrawn. Consequently, Employment and Training TAA and in accordance with section further investigation in this case would Administration 250(a), Subchapter D, Chapter 2, Title II, serve no purpose, and the investigation of the Trade Act of 1974, as amended has been terminated. [NAFTA–6762] (19 U.S.C. 2273), an investigation was Signed in Washington, DC this 29th day of initiated on September 5, 2002 in State of Alaska Commercial Fisheries November, 2002. Entry Commission Permit # 58886G, response to a petition filed by the Linda G. Poole, Igiugig, AK; Notice of Termination of Bristol Bay Native Association on behalf Investigation Certifying Officer, Division of Trade of Bristol Bay salmon fishermen, State Adjustment Assistance. of Alaska Commercial Fisheries Entry Pursuant to Title V of the North [FR Doc. 02–32106 Filed 12–19–02; 8:45 am] Commission Permit # 64881C, Igiugig, American Free Trade Agreement BILLING CODE 4510–30–P Alaska.
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The petitioner has requested that the Implementation Act (Pub. L. 103–182) DEPARTMENT OF LABOR petition be withdrawn. Consequently, concerning transitional adjustment further investigation in this case would assistance, hereinafter called NAFTA– Employment and Training serve no purpose, and the investigation TAA and in accordance with section Administration has been terminated. 250(a), Subchapter D, Chapter 2, Title II, [NAFTA–6776] Signed in Washington, DC this 29th day of of the Trade Act of 1974, as amended November, 2002. (19 U.S.C. 2273), an investigation was State of Alaska Commercial Fisheries Linda G. Poole, initiated on September 5, 2002 in Entry Commission Permit #58538A, Certifying Officer, Division of Trade response to a petition filed by the Iliamna, AK; Notice of Termination of Adjustment Assistance. Bristol Bay Native Association on behalf Investigation [FR Doc. 02–32108 Filed 12–19–02; 8:45 am] of Bristol Bay salmon fishermen, State of Alaska Commercial Fisheries Entry Pursuant to Title V of the North BILLING CODE 4510–30–P Commission Permit #65113P, Iliamna, American Free Trade Agreement Alaska. Implementation Act (Pub. L. 103–182) DEPARTMENT OF LABOR The petitioner has requested that the concerning transitional adjustment petition be withdrawn. Consequently, assistance, hereinafter called NAFTA– Employment and Training further investigation in this case would TAA and in accordance with section Administration serve no purpose, and the investigation 250(a), Subchapter D, Chapter 2, Title II, has been terminated. of the Trade Act of 1974, as amended [NAFTA–6766] Signed in Washington, DC this 29th day of (19 U.S.C. 2273), an investigation was initiated on September 5, 2002 in State of Alaska Commercial Fisheries November, 2002. response to a petition filed by the Entry Commission Permit # 67340W, Linda G. Poole, Bristol Bay Native Association on behalf Igiugig, AK; Notice of Termination of Certifying Officer, Division of Trade of Bristol Bay salmon fishermen, State Investigation Adjustment Assistance. [FR Doc. 02–32110 Filed 12–19–02; 8:45 am] of Alaska Commercial Fisheries Entry Commission Permit #58538A, Iliamna, Pursuant to Title V of the North BILLING CODE 4510–30–P American Free Trade Agreement Alaska. Implementation Act (Pub. L. 103–182) The petitioner has requested that the concerning transitional adjustment DEPARTMENT OF LABOR petition be withdrawn. Consequently, assistance, hereinafter called NAFTA– further investigation in this case would TAA and in accordance with section Employment and Training serve no purpose, and the investigation 250(a), Subchapter D, Chapter 2, Title II, Administration has been terminated. of the Trade Act of 1974, as amended Signed in Washington, DC this 29th day of (19 U.S.C. 2273), an investigation was [NAFTA–6769] November, 2002. initiated on September 5, 2002 in Linda G. Poole, response to a petition filed by the State of Alaska Commercial Fisheries Certifying Officer, Division of Trade Bristol Bay Native Association on behalf Entry Commission Permit #59760V, Adjustment Assistance. of Bristol Bay salmon fishermen, State Iliamna, AK; Notice of Termination of [FR Doc. 02–32112 Filed 12–19–02; 8:45 am] Investigation of Alaska Commercial Fisheries Entry BILLING CODE 4510–30–P Commission Permit # 67340W, Igiugig, Alaska. Pursuant to Title V of the North American Free Trade Agreement The petitioner has requested that the DEPARTMENT OF LABOR petition be withdrawn. Consequently, Implementation Act (Pub. L. 103–182) further investigation in this case would concerning transitional adjustment Employment and Training serve no purpose, and the investigation assistance, hereinafter called NAFTA– Administration has been terminated. TAA and in accordance with section 250(a), Subchapter D, Chapter 2, Title II, [NAFTA–6770] Signed in Washington, DC this 29th day of of the Trade Act of 1974, as amended November, 2002. (19 U.S.C. 2273), an investigation was State of Alaska Commercial Fisheries Linda G. Poole, initiated on September 5, 2002 in Entry Commission Permit # 65910I, Certifying Officer, Division of Trade response to a petition filed by the Iliamna, AK; Notice of Termination of Adjustment Assistance. Bristol Bay Native Association on behalf Investigation [FR Doc. 02–32109 Filed 12–19–02; 8:45 am] of Bristol Bay salmon fishermen, State Pursuant to Title V of the North BILLING CODE 4510–30–P of Alaska Commercial Fisheries Entry American Free Trade Agreement Commission Permit #59760V, Iliamna, Implementation Act (Pub. L. 103–182) Alaska. concerning transitional adjustment DEPARTMENT OF LABOR The petitioner has requested that the assistance, hereinafter called NAFTA– petition be withdrawn. Consequently, Employment and Training TAA and in accordance with section further investigation in this case would Administration 250(a), Subchapter D, Chapter 2, Title II, serve no purpose, and the investigation of the Trade Act of 1974, as amended has been terminated. [NAFTA–6767] (19 U.S.C. 2273), an investigation was Signed in Washington, DC this 29th day of initiated on September 5, 2002 in State of Alaska Commercial Fisheries November, 2002. Entry Commission Permit #65113P, response to a petition filed by the Linda G. Poole, Iliamna, AK; Notice of Termination of Bristol Bay Native Association on behalf Investigation Certifying Officer, Division of Trade of Bristol Bay salmon fishermen, State Adjustment Assistance. of Alaska Commercial Fisheries Entry Pursuant to Title V of the North [FR Doc. 02–32111 Filed 12–19–02; 8:45 am] Commission Permit # 65910I, Iliamna, American Free Trade Agreement BILLING CODE 4510–30–P Alaska.
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The petitioner has requested that the Implementation Act (Pub. L. 103–182) DEPARTMENT OF LABOR petition be withdrawn. Consequently, concerning transitional adjustment further investigation in this case would assistance, hereinafter called NAFTA– Employment and Training serve no purpose, and the investigation TAA and in accordance with section Administration has been terminated. 250(a), Subchapter D, Chapter 2, Title II, [NAFTA–6777] Signed in Washington, DC this 29th day of of the Trade Act of 1974, as amended November, 2002. (19 U.S.C. 2273), an investigation was State of Alaska Commercial Fisheries Linda G. Poole, initiated on September 5, 2002 in Entry Commission Permit # 61946K, Certifying Officer, Division of Trade response to a petition filed by the Iliamna, AK; Notice of Termination of Adjustment Assistance. Bristol Bay Native Association on behalf Investigation [FR Doc. 02–32113 Filed 12–19–02; 8:45 am] of Bristol Bay salmon fishermen, State of Alaska Commercial Fisheries Entry Pursuant to Title V of the North BILLING CODE 4510–30–P Commission Permit # 61725F, Iliamna, American Free Trade Agreement Alaska. Implementation Act (Pub. L. 103–182) DEPARTMENT OF LABOR The petitioner has requested that the concerning transitional adjustment petition be withdrawn. Consequently, assistance, hereinafter called NAFTA– Employment and Training further investigation in this case would TAA and in accordance with section Administration serve no purpose, and the investigation 250(a), Subchapter D, Chapter 2, Title II, has been terminated. of the Trade Act of 1974, as amended [NAFTA–6772] Signed in Washington, DC this 29th day of (19 U.S.C. 2273), an investigation was initiated on September 5, 2002 in State of Alaska Commercial Fisheries November, 2002. response to a petition filed by the Entry Commission Permit # 61725F, Linda G. Poole, Bristol Bay Native Association on behalf Iliamna, AL; Notice of Termination of Certifying Officer, Division of Trade of Bristol Bay salmon fishermen, State Investigation Adjustment Assistance. [FR Doc. 02–32115 Filed 12–19–02; 8:45 am] of Alaska Commercial Fisheries Entry Commission Permit # 61946K, Iliamna, Pursuant to Title V of the North BILLING CODE 4510–30–P American Free Trade Agreement Alaska. Implementation Act (Pub. L. 103–182) The petitioner has requested that the concerning transitional adjustment DEPARTMENT OF LABOR petition be withdrawn. Consequently, assistance, hereinafter called NAFTA– further investigation in this case would TAA and in accordance with section Employment and Training serve no purpose, and the investigation 250(a), Subchapter D, Chapter 2, Title II, Administration has been terminated. of the Trade Act of 1974, as amended Signed in Washington, DC this 29th day of (19 U.S.C. 2273), an investigation was [NAFTA–6774] November, 2002. initiated on September 5, 2002 in Linda G. Poole, response to a petition filed by the State of Alaska Commercial Fisheries Certifying Officer, Division of Trade Bristol Bay Native Association on behalf Entry Commission Permit # 61512M, Adjustment Assistance. of Bristol Bay salmon fishermen, State Iliamna, Alaska; Notice of Termination [FR Doc. 02–32117 Filed 12–19–02; 8:45 am] of Investigation of Alaska Commercial Fisheries Entry BILLING CODE 4510–30–P Commission Permit # 61725F, Iliamna, Alaska. Pursuant to Title V of the North American Free Trade Agreement The petitioner has requested that the DEPARTMENT OF LABOR petition be withdrawn. Consequently, Implementation Act (Pub. L. 103–182) further investigation in this case would concerning transitional adjustment Employment and Training serve no purpose, and the investigation assistance, hereinafter called NAFTA– Administration has been terminated. TAA and in accordance with section 250(a), Subchapter D, Chapter 2, Title II, [NAFTA–6778] Signed in Washington, DC this 29th day of of the Trade Act of 1974, as amended November, 2002. (19 U.S.C. 2273), an investigation was State of Alaska Commercial Fisheries Linda G. Poole, initiated on September 5, 2002 in Entry Commission Permit # 56840M; Certifying Officer, Division of Trade response to a petition filed by the Iliamna, AK; Notice of Termination of Adjustment Assistance. Bristol Bay Native Association on behalf Investigation [FR Doc. 02–32114 Filed 12–19–02; 8:45 am] of Bristol Bay salmon fishermen, State Pursuant to Title V of the North BILLING CODE 4510–30–P of Alaska Commercial Fisheries Entry American Free Trade Agreement Commission Permit # 61512M, Iliamna, Implementation Act (Pub. L. 103–182) Alaska. concerning transitional adjustment DEPARTMENT OF LABOR The petitioner has requested that the assistance, hereinafter called NAFTA– petition be withdrawn. Consequently, Employment and Training TAA and in accordance with Section further investigation in this case would Administration 250(a), Subchapter D, Chapter 2, Title II, serve no purpose, and the investigation of the Trade Act of 1974, as amended has been terminated. [NAFTA–6773] (19 U.S.C. 2273), an investigation was Signed in Washington, DC this 29th day of initiated on September 5, 2002 in State of Alaska Commercial Fisheries November, 2002. Entry Commission Permit # 61725F, response to a petition filed by the Linda G. Poole, Iiamna, AK; Notice of Termination of Bristol Bay Native Association on behalf Investigation Certifying Officer, Division of Trade of Bristol Bay salmon fishermen, State Adjustment Assistance. of Alaska Commercial Fisheries Entry Pursuant to Title V of the North [FR Doc. 02–32116 Filed 12–19–02; 8:45 am] Commission Permit # 56840M, Iliamna, American Free Trade Agreement BILLING CODE 4510–30–P Alaska.
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The petitioner has requested that the and Federal agencies with an • Evaluate the accuracy of the petition be withdrawn. Consequently, opportunity to comment on proposed agency’s estimate of the burden of the further investigation in this case would and/or continuing collections of proposed collection of information, serve no purpose, and the investigation information in accordance with the including the validity of the has been terminated. Paperwork Reduction Act of 1995 methodology and assumptions used; (PRA95) (44 U.S.C. 3506(c)(2)(A)). This Signed in Washington, DC this 29th day of • Enhance the quality, utility and program helps to ensure that requested November, 2002. clarity of the information to be Linda G. Poole, data can be provided in the desired format, reporting burden (time and collected; and Certifying Officer, Division of Trade • Adjustment Assistance. financial resources) is minimized, Minimize the burden of the collection of information on those who [FR Doc. 02–32118 Filed 12–19–02; 8:45 am] collection instruments are clearly understood, and the impact of collection are to respond, including through the BILLING CODE 4510–30–P requirements on respondents can be use of appropriate automated, properly assessed. Currently, the electronic, mechanical, or other DEPARTMENT OF LABOR Employment Standards Administration technological collection techniques or is soliciting comments concerning the other forms of information technology, Employment and Training proposed collection: Request for e.g., permitting electronic submissions Administration Earnings Information (LS–426). A copy of responses. of the proposed information collection [NAFTA–6779] request can be obtained by contacting III. Current Actions the office listed below in the addresses State of Alaska Commercial Fisheries The Department of Labor seeks the section of this Notice. Entry Commission Permit # 56614V extension of approval to collect this DATES: King Salmon, AK; Notice of Written comments must be information in order to carry out its submitted to the office listed in the Termination of Investigation responsibility to assure payment of addresses section below on or before compensation benefits to injured Pursuant to Title V of the North February 18, 2003. workers at the proper rate. There is no American Free Trade Agreement ADDRESSES: Ms. Patricia A. Forkel, U.S. change in the substance or method of Implementation Act (Pub. L. 103–182) Department of Labor, 200 Constitution collection since the last OMB approval. concerning transitional adjustment Ave., NW., Room S–3201, Washington, assistance, hereinafter called NAFTA– DC 20210, telephone (202) 693–0339, Type of Review: Extension. TAA and in accordance with section fax (202) 693–1451, Email Agency: Employment Standards 250(a), Subchapter D, Chapter 2, Title II, [email protected]–esa.gov. Please use Administration. of the Trade Act of 1974, as amended only one method of transmission for Title: Request for Earnings (19 U.S.C. 2273), an investigation was comments (mail, fax, or Email). initiated on September 5, 2002 in Information. SUPPLEMENTARY INFORMATION: response to a petition filed by the OMB Number: 1215–0112. Bristol Bay Native Association on behalf I. Background of Bristol Bay salmon fishermen, State Agency Number: LS–426. The Office of Workers’ Compensation of Alaska Commercial Fisheries Entry Affected Public: Individuals or Programs (OWCP) administers the Commission Permit # 56614V, King households. Longshore and Harbor Workers’ Salmon, Alaska. Compensation Act (LHWCA). The Act Total Respondents/Responses: 1,600. The petitioner has requested that the provides benefits to workers injured in petition be withdrawn. Consequently, Frequency: On occasion. maritime employment on the navigable further investigation in this case would Average Burden per Response: 15 waters of the United States or in an serve no purpose, and the investigation minutes. adjoining area customarily used by an has been terminated. employee in loading, unloading, Estimated Total Burden Hours: 400. Signed in Washington, DC, this 29th day of repairing, or building a vessel. Pursuant Total Burden Cost (capital/startup): November, 2002. to the LHWCA, injured employees shall $0. Linda G. Poole, receive compensation in an amount Total Burden Cost (operating/ Certifying Officer, Division of Trade equal to 662⁄3 per centum of their maintenance): $640. Comments Adjustment Assistance. average weekly wage. Forms LS–426 is submitted in response to this notice will [FR Doc. 02–32119 Filed 12–19–02; 8:45 am] used to verify the average weekly wage be summarized and/or included in the BILLING CODE 4510–30–P of an injured employee to determine if the correct compensation rate is being request for Office of Management and paid. This information collection is Budget approval of the information DEPARTMENT OF LABOR currently approved for use through June collection request; they will also 30, 2003. become a matter of public record. Employment Standards Administration II. Review Focus Dated: December 16, 2002. Proposed Collection; Comment Margaret J. Sherrill, The Department of Labor is Request particularly interested in comments Chief, Branch of Management Review and which: Internal Control, Division of Financial ACTION: Notice. Management, Office of Management, • Evaluate whether the proposed Administration and Planning, Employment SUMMARY: The Department of Labor, as collection of information is necessary Standards Administration. part of its continuing effort to reduce for the proper performance of the [FR Doc. 02–32099 Filed 12–19–02; 8:45 am] paperwork and respondent burden, functions of the agency, including conducts a preclearance consultation whether the information will have BILLING CODE 4510–CF–P program to provide the general public practical utility;
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DEPARTMENT OF LABOR CFR parts 1 and 5. Accordingly, the MI020008 (Mar. 1, 2002) applicable decision, together with any MI020010 (Mar. 1, 2002) Employment Standards Administration modifications issued, must be made a MI020011 (Mar. 1, 2002) Wage and Hour Division part of every contract for performance of MI020012 (Mar. 1, 2002) MI020013 (Mar. 1, 2002) the described work within the MI020015 (Mar. 1, 2002) Minimum Wages for Federal and geographic area indicated as required by Federally Assisted Construction; MI020016 (Mar. 1, 2002) an applicable Federal prevailing wage MI020017 (Mar. 1, 2002) General Wage Determination Decisions law and 29 CFR part 5. The wage rates MI020019 (Mar. 1, 2002) General wage determination decisions and fringe benefits, notice of which is MI020020 (Mar. 1, 2002) of the Secretary of Labor are issued in published herein, and which are MI020021 (Mar. 1, 2002) MI020023 (Mar. 1, 2002) accordance with applicable law and are contained in the Government Printing Office (GPO) document entitled MI020027 (Mar. 1, 2002) based on the information obtained by MI020030 (Mar. 1, 2002) the Department of Labor from its study ‘‘General Wage Determinations Issued MI020031 (Mar. 1, 2002) of local wage conditions and data made Under The Davis-Bacon And Related MI020035 (Mar. 1, 2002) available from other sources. They Acts,’’ shall be the minimum paid by MI020036 (Mar. 1, 2002) specify the basic hourly wage rates and contractors and subcontractors to MI020046 (Mar. 1, 2002) fringe benefits which are determined to laborers and mechanics. MI020047 (Mar. 1, 2002) be prevailing for the described classes of Any person, organization, or MI020050 (Mar. 1, 2002) laborers and mechanics employed on governmental agency having an interest MI020060 (Mar. 1, 2002) MI020062 (Mar. 1, 2002) construction projects of a similar in the rates determined as prevailing is encouraged to submit wage rate and MI020063 (Mar. 1, 2002) character and in the localities specified MI020064 (Mar. 1, 2002) therein. fringe benefit information for MI020066 (Mar. 1, 2002) The determinations in these decisions consideration by the Department. MI020067 (Mar. 1, 2002) of prevailing rates and fringe benefits Further information and self- MI020068 (Mar. 1, 2002) have been made in accordance with 29 explanatory forms for the purpose of MI020069 (Mar. 1, 2002) CFR Part 1, by authority of the Secretary submitting this data may be obtained by MI020070 (Mar. 1, 2002) of Labor pursuant to the provisions of writing to the U.S. Department of Labor, MI020071 (Mar. 1, 2002) the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, MI020072 (Mar. 1, 2002) MI020073 (Mar. 1, 2002) as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of Wage Determinations, 200 Constitution MI020074 (Mar. 1, 2002) 40 U.S.C. 276a) and of other Federal MI020075 (Mar. 1, 2002) statutes referred to in 29 CFR part 1, Avenue, NW., Room S–3014, MI020076 (Mar. 1, 2002) Appendix, as well as such additional Washington, DC 20210. MI020077 (Mar. 1, 2002) statutes as may from time to time be Modification to General Wage MI020078 (Mar. 1, 2002) enacted containing provisions for the Determination Decisions MI020079 (Mar. 1, 2002) payment of wages determined to be MI020080 (Mar. 1, 2002) prevailing by the Secretary of Labor in The number of the decisions list to MI020081 (Mar. 1, 2002) accordance with the Davis-Bacon Act. the Government Printing Office MI020082 (Mar. 1, 2002) document entitled ‘‘General Wage MI020083 (Mar. 1, 2002) The prevailing rates and fringe benefits MI020084 (Mar. 1, 2002) determined in these decisions shall, in Determinations Issued Under the Davis- Bacon and related Acts’’ being modified MI020085 (Mar. 1, 2002) accordance with the provisions of the MI020087 (Mar. 1, 2002) foregoing statutes, constitute the are listed by Volume and State. Dates of MI020089 (Mar. 1, 2002) minimum wages payable on Federal and publication in the Federal Register are MI020090 (Mar. 1, 2002) federally assisted construction projects in parentheses following the decisions MI020091 (Mar. 1, 2002) to laborers and mechanics of the being modified. MI020092 (Mar. 1, 2002) specified classes engaged on contract MI020093 (Mar. 1, 2002) Volume I work of the character and in the MI020094 (Mar. 1, 2002) Maine MI020095 (Mar. 1, 2002) localities described therein. MI020096 (Mar. 1, 2002) Good cause is hereby found for not ME020002 (Mar. 1, 2002) ME020005 (Mar. 1, 2002) MI020097 (Mar. 1, 2002) utilizing notice and public comment ME020007 (Mar. 1, 2002) MI020105 (Mar. 1, 2002) procedure thereon prior to the issuance ME020007 (Mar. 1, 2002) Wisconsin of these determinations as prescribed in ME020009 (Mar. 1, 2002) WI020003 (Mar. 1, 2002) 5 U.S.C. 553 and not providing for delay ME020010 (Mar. 1, 2002) WI020004 (Mar. 1, 2002) in the effective date as prescribed in that WI020005 (Mar. 1, 2002) Volume II section, because the necessity to issue WI020006 (Mar. 1, 2002) current construction industry wage Delaware WI020008 (Mar. 1, 2002) DE020002 (Mar. 1, 2002) WI020009 (Mar. 1, 2002) determinations frequently and in large WI020010 (Mar. 1, 2002) volume causes procedures to be Volume III WI020011 (Mar. 1, 2002) impractical and contrary to the public Florida WI020013 (Mar. 1, 2002) interest. FL020017 (Mar. 1, 2002) WI020016 (Mar. 1, 2002) General wage determination FL020032 (Mar. 1, 2002) WI020017 (Mar. 1, 2002) WI020019 (Mar. 1, 2002) decisions, and modifications and Volume IV supersedes decisions thereto, contain no WI020020 (Mar. 1, 2002) expiration dates and are effective from Michigan WI020025 (Mar. 1, 2002) MI020001 (Mar. 1, 2002) their date of notice in the Federal WI020030 (Mar. 1, 2002) MI020002 (Mar. 1, 2002) WI020046 (Mar. 1, 2002) Register, or on the date written notice MI020003 (Mar. 1, 2002) WI020047 (Mar. 1, 2002) is received by the agency, whichever is MI020004 (Mar. 1, 2002) earlier. These decisions are to be used MI020005 (Mar. 1, 2002) Volume V in accordance with the provisions of 29 MI020007 (Mar. 1, 2002) Iowa
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IA020001 (Mar. 1, 2002) Acts, including those noted above, may amendment of NRC Source Material IA020002 (Mar. 1, 2002) be found in the Government Printing License SUA–672 to authorize the IA020003 (Mar. 1, 2002) Office (GPO) document entitled licensee, Pathfinder Mines Corporation IA020004 (Mar. 1, 2002) ‘‘General Wage Determinations Issued IA020005 (Mar. 1, 2002) (PMC) to apply Alternate Concentration IA020006 (Mar. 1, 2002) Under the Davis-Bacon And Related Limits (ACLs) to licensed constituents IA020008 (Mar. 1, 2002) Acts’’. This publication is available at of ground water at the Lucky Mc IA020010 (Mar. 1, 2002) each of the 50 Regional Government uranium mill tailings site in the Gas IA020012 (Mar. 1, 2002) Depository Libraries and many of the Hills region (south central) of Wyoming. IA020013 (Mar. 1, 2002) 1,400 Government Depository Libraries PMC submitted, by letter dated IA020014 (Mar. 1, 2002) across the country. December 21, 2000, a license IA020016 (Mar. 1, 2002) General wage determinations issued amendment application requesting IA020017 (Mar. 1, 2002) under the Davis-Bacon and Related Acts IA020024 (Mar. 1, 2002) ALCs for six ground water constituents IA020025 (Mar. 1, 2002) are available electronically at no cost on at their Lucky Mc site. Hills region of IA020028 (Mar. 1, 2002) the Government Printing Office site at The NRC staff submitted a request for IA020029 (Mar. 1, 2002) www.access.gpo.gov/davisbacon. They additional information by letter dated IA020031 (Mar. 1, 2002) are also available electronically by October 26, 2001, and PMC responded IA020054 (Mar. 1, 2002) subscription to the Davis-Bacon Online January 11, and November 4, 2002, with IA020056 (Mar. 1, 2002) Service (http:// application page changes. IA020059 (Mar. 1, 2002) davisbacon.fedworld.gov) of the An Environmental Assessment (EA) IA020060 (Mar. 1, 2002) National Technical Information Service Kansas was performed by the NRC staff in KS020007 (Mar. 1, 2002) (NTIS) of the U.S. Department of support of its review of PMC’s license KS020013 (Mar. 1, 2002) Commerce at 1–800–363–2068. This amendment request, in accordance with KS020018 (Mar. 1, 2002) subscription offers value-added features the requirements of 10 CFR Part 51. The KS020019 (Mar. 1, 2002) such as electronic delivery of modified conclusion of the Environmental KS020020 (Mar. 1, 2002) wage decisions directly to the user’s Assessment is a Finding of No KS020021 (Mar. 1, 2002) desktop, the ability to access prior wage Significant Impact (FONSI) for the KS020023 (Mar. 1, 2002) decisions issued during the year, proposed licensing action. KS020026 (Mar. 1, 2002) extensive Help Desk Support, etc. Missouri II. Supplementary Information MO020001 (Mar. 1, 2002) Hard-copy subscriptions may be MO020003 (Mar. 1, 2002) purchased from: Superintendent of Background Documents, U.S. Government Printing MO020010 (Mar. 1, 2002) The PMC Lucky Mc former uranium MO020013 (Mar. 1, 2002) Office, Washington, DC 20402, (202) MO020016 (Mar. 1, 2002) 512–1800. mill site (now a mill tailings site) is MO020041 (Mar. 1, 2002) When ordering hard-copy licensed by the U.S. Nuclear Regulatory MO020042 (Mar. 1, 2002) subscription(s), be sure to specify the Commission (NRC) under Source MO020043 (Mar. 1, 2002) State(s) of interest, since subscriptions Materials License SUA–672 to possess MO020046 (Mar. 1, 2002) byproduct material in the form of MO020047 (Mar. 1, 2002) may be ordered for any or all of the six separate Volumes, arranged by State. uranium processing waste, such as mill MO020051 (Mar. 1, 2002) tailings, generated by past uranium MO020053 (Mar. 1, 2002) Subscriptions include an annual edition MO020054 (Mar. 1, 2002) (issued in January or February) which processing operations. The PMC Lucky MO020055 (Mar. 1, 2002) includes all current general wage Mc site is located in the Gas Hills region MO020056 (Mar. 1, 2002) determinations for the States covered by of Freemont County, Wyoming, MO020057 (Mar. 1, 2002) each volume. Throughout the remainder approximately 72 kilometers (45 miles) MO020058 (Mar. 1, 2002) east of Riverton, Wyoming. The mill MO020059 (Mar. 1, 2002) of the year, regular weekly updates will be distributed to subscribers. operated from 1958 to 1988 and has Nebraska been dismantled and disposed of. The NE020021 (Mar. 1, 2002) Signed at Washington, DC this 12th day of site contains three disposal areas December 2002. Volume VI (tailings impoundments) and three Carl J. Poleskey, Alaska tailings solution ponds. The license AK020001 (Mar. 1, 2002) Chief, Branch of Construction Wage establishes a ground water protection AK020002 (Mar. 1, 2002) Determinations. standard at one Point of Compliance AK020003 (Mar. 1, 2002) [FR Doc. 02–31785 Filed 12–19–02; 8:45 am] (POC) well near the disposal area. This AK020006 (Mar. 1, 2002) BILLING CODE 4510–27–M well is used to monitor water quality AK020008 (Mar. 1, 2002) because hazardous constituents have Colorado leached from the milling waste into the CO020015 (Mar. 1, 2002) NUCLEAR REGULATORY South Dakota upper aquifer. SD020005 (Mar. 1, 2002) COMMISSION The ACL application requests that SD020009 (Mar. 1, 2002) [Docket No. 40–2259] site-specific concentration limits for six hazardous constituents in ground water Volume VII Final Finding of No Significant Impact be granted for the PMC site in place of Nevada for the Proposed Use of Alternate the current concentration values in the NV020003 (Mar. 1, 2002) NV020004 (Mar. 1, 2002) Concentration Limits for Ground Water license. The licensee has indicated that NV020005 (Mar. 1, 2002) at Pathfinder Mines Corporation’s the concentration limits required to be NV020009 (Mar. 1, 2002) Lucky MC Site, Gas Hills Region of met under the licensed corrective action Wyoming program are not attainable due to the General Wage Determination high cost and the influence of mining- Publication I. Introduction impacted water. The ground water at the General wage determinations issued The U.S. Nuclear Regulatory PMC site and surrounding areas is under the Davis-Bacon and Related Commission (NRC) is considering an impacted by open-pit uranium mines
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having the same constituents as those Additionally, the staff has performed a Rockville, MD 20852. Any questions resulting from the tailings seepage. safety review of the licensee’s proposal with respect to this action should be PMC also is proposing that the site’s with respect to the ground water criteria referred to Elaine Brummett, Fuel Cycle Point of Exposure (POE) be established specified in 10 CFR 40, Appendix A, Facilities Branch, Division of Fuel Cycle at the long-term care boundary. This and is preparing a TER for this review. Safety and Safeguards, Office of Nuclear boundary encompasses all the land that Material Safety and Safeguards, U.S. Conclusions will be transferred to the U.S. Nuclear Regulatory Commission, Mail Department of Energy (DOE) for The NRC staff has examined actual Stop T8–A33, Washington, DC 20555– perpetual care of the disposal site when and potential impacts associated with 0001. Telephone: (301) 415–6606; Fax: the PMC license is terminated. The POE implementation of the proposed ACLs, (301) 415–5390. and has determined that the requested is the location nearest the site where the For the U.S. Nuclear Regulatory public or environment might be exposed amendment of Source Material License Commission. to milling impacted ground water, even SUA–672, authorizing the ACLs, will: Dated at Rockville, Maryland, this 13th day though such exposure is highly (1) Be consistent with requirements of of December, 2002. unlikely. 10 CFR Part 40, Appendix A; (2) not be Daniel M. Gillen, inimical to the public health and safety; Chief, Fuel Cycle Facilities Branch, Division Summary of the Environmental and (3) not have long-term detrimental Assessment of Fuel Cycle Safety and Safeguards, Office impacts on the environment. The of Nuclear Material Safety and Safeguards. The NRC staff performed an appraisal following statements summarize the [FR Doc. 02–32079 Filed 12–19–02; 8:45 am] of the environmental impacts associated conclusions resulting from the staff’s BILLING CODE 7590–01–P with the application of ACLs, in environmental assessment, and support accordance with 10 CFR Part 51, the FONSI: Environmental Protection Regulations 1. An acceptable long-term ground NUCLEAR REGULATORY for Domestic Licensing and Related water monitoring program will monitor COMMISSION Regulatory Functions. The license contaminants to detect if applicable amendment would authorize PMC to regulatory limits are exceeded. Each of Notice of Availability of the Final apply ACLs to the specified constituents the licensed constituents should remain Supplement 1 to the Generic as measured at the POC. The technical within the range of background values Environmental Impact Statement on aspects of the ACL application are to be for 1000 years at the POE. Decommissioning of Nuclear Facilities, discussed separately in a Technical 2. Present and potential health risks to NUREG–0586 Evaluation Report (TER) that will the public and risks of environmental Notice is hereby given that the U.S. accompany the agency’s final licensing damage from the proposed application Nuclear Regulatory Commission (NRC) action. of ACLs were assessed. Given the has published Final Supplement 1 to The results of the staff’s appraisal of remote location, the expected future NUREG–0586, ‘‘Generic Environmental potential environmental impacts are land use, the perpetual control by the Impact Statement (GEIS) on documented in an EA placed in the Federal government of land within the Decommissioning of Nuclear Facilities,’’ Publicly Available Records (PARS) long-term boundary, and the high value regarding the decommissioning of component of NRC’s document system of some of the constituents in background ground water due to past nuclear power reactors. (ADAMS). Based on its review, the NRC Final Supplement 1 to the GEIS is uranium mining in the area, the staff staff has concluded that there are no available for public inspection in the determined that the risk factors for significant environmental impacts NRC’s Public Document Room (PDR), health and environmental hazards due associated with the proposed action. located at One White Flint North, 11555 to the proposed licensing action are Rockville Pike (first floor), Rockville, Alternatives to the Proposed Action insignificant. The proposed action is to amend NRC Maryland, or from the Publicly Source Material License SUA–672, to III. Finding of No Significant Impact Available Records (PARS) component of allow application of ACLs to licensed The NRC staff has prepared an EA for NRC’s Agencywide Documents Access constituents in ground water at the PMC the proposed amendment of NRC and Management System (ADAMS). Lucky Mc site. The principal Source Material License SUA–672. On ADAMS is accessible from the NRC Web alternatives available to the NRC are to: the basis of this assessment, the NRC site at http://www.nrc.gov/reading- 1. Approve the license amendment staff has concluded that the rm.html (the Public Reading Room). request as submitted; or environmental impacts that may result Persons who do not have access to 2. Amend the license with such from the proposed action would not be ADAMS or who encounter problems in additional conditions as are considered significant, and therefore, preparation of accessing the documents located in necessary or appropriate to protect an Environmental Impact Statement is ADAMS, should contact the NRC’s PDR public health and safety and the not warranted. Accordingly, a Finding reference staff by telephone at 1–800– environment; or of No Significant Impact is appropriate. 397–4209 or 301–415–4737, or by e-mail 3. Deny the amendment request. to [email protected]. Based on its review, the NRC staff has IV. Other Information FOR FURTHER INFORMATION CONTACT: Dr. concluded that the environmental The Environmental Assessment to Michael T. Masnik, Senior Project impacts associated with the proposed this proposed action is available for Manager, License Renewal and action do not warrant either the limiting inspection at NRC’s Public Document Environmental Impacts Program, of PMC’s plans necessary for license Reading Room at http://www.nrc.gov/ Division of Regulatory Improvement termination (site is in final stages of reading-rm/adams.html (ADAMS Programs, Office of Nuclear Reactor decommissioning) or the denial of the Accession Number: ML023470321). Regulation, U.S. Nuclear Regulatory license amendment. Therefore, from an Documents may also be examined and/ Commission, Washington, DC 20555. environmental impact standpoint, the or copied for a fee, at the NRC’s Public Dr. Masnik may be contacted at (301) staff would consider Alternative 1 to be Document Room, located at One White 415–1191 or by writing to: Michael T. the appropriate alternative for selection. Flint North, 11555 Rockville Pike, Masnik, U.S. Nuclear Regulatory
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Commission, MS O–12D3, Washington, received two comment letters on the exchange, the exchange that was first in DC 20555–0001. proposed OPRA Plan amendment.5 On time to quote that bid or offer for that Dated at Rockville, Maryland, this 13th day May 30, 2002, OPRA submitted number of contracts would be identified of December, 2002. Amendment No. 1 to the proposal.6 On as the BBO. Thus, OPRA would For the Nuclear Regulatory Commission. June 13, 2002, OPRA submitted a letter prioritize the BBO on the basis of price, 7 Pao-Tsin Kuo, in response to the comments. On size, and time. October 4, 2002, OPRA submitted The proposed BBO Guidelines Program Director, License Renewal and 8 Environmental Impacts, Division of Amendment No. 2 to the proposal. This provide that the minimum price Regulatory Improvement Programs, Office of order approves the proposal as modified increment for purposes of the BBO Nuclear Reactor Regulation. by Amendments No. 1 and 2 for 120 would be no less than five cents,11 and [FR Doc. 02–32080 Filed 12–19–02; 8:45 am] days, and solicits comment on that, absent a change in the price of the 9 BBO, the minimum size increment for BILLING CODE 7590–01–P Amendments No. 1 and 2. purposes of the BBO would be no fewer II. Description and Purpose of the than ten contracts. In other words, to Amendment displace the current BBO by improving SECURITIES AND EXCHANGE Under the proposed Plan amendment, the price at which an options series is COMMISSION OPRA proposes to add a consolidated quoted, the price improvement must be [Release No. 34–46992; File No. SR–OPRA– BBO service that would disseminate the at least five cents per contract and, to 2002–01] best bid and offer, subject to certain displace the current BBO by increasing exceptions, for each options series.10 the number of contracts covered by a Options Price Reporting Authority; The BBO for any series of options would quote at the same price as the current Notice of Filing and Order Approving be the highest priced bid and the lowest BBO, the new bid or offer must be for for 120 Days an Amendment to the priced offer currently being quoted on at least ten contracts more than the Options Price Reporting Authority Plan any of OPRA’s participant exchanges. current BBO. This would not preclude To Establish a Best Bid and Offer Subject to the price and size increments markets from disseminating bids and Market Data Service discussed below, if the same best priced offers that improve the current BBO by December 13, 2002. bid or offer is quoted on more than one less than five cents (to the extent such exchange, the exchange that is quoting quotes may be permitted under I. Introduction at that price for the largest number of applicable exchange rules) or that On February 26, 2002, the Options options contracts would be identified by increase the size at a given quotation by Price Reporting Authority (‘‘OPRA’’) OPRA as the market that is quoting the fewer than ten contracts. Such price or submitted to the Securities and best bid or offer. If the same best bid or size improvements, however, would not Exchange Commission (‘‘SEC’’ or offer for the same number of options be reflected in the BBO disseminated by ‘‘Commission’’), pursuant to section contracts is quoted on more than one OPRA. Thus, the BBO, as provided by 11A of the Securities Exchange Act of OPRA, could include an approximation 1934 (‘‘Act’’) 1 and rule 11Aa3–2 5 See letters from Devin Wenig, President, of the size associated with the best bid thereunder,2 an amendment to the Plan Investment Banking and Brokerage, Reuters and offer actually available.12 for Reporting of Consolidated Options America Inc., dated April 19, 2002 (‘‘Reuters Currently, vendors are required to Letter’’), and George W. Mann, Jr., Executive Vice include the best bid and offer from each Last Sale Reports and Quotation President and General Counsel, Boston Stock Information (‘‘OPRA Plan’’ or ‘‘Plan’’).3 Exchange Inc., dated May 1, 2002 (‘‘BSE Letter’’), market and last sale reports for any The proposed amendment would add to to Jonathan G. Katz, Secretary, Commission. series included in the market data the Plan terms governing the provision 6 See letter from Joseph P. Corrigan, Executive service they provide. Under the Director, OPRA, to John Roeser, Special Counsel, proposal, OPRA vendors would have by OPRA of a best bid and offer (‘‘BBO’’) Division of Market Regulation (‘‘Division’’), for each of the options series included Commission, dated May 29, 2002 (‘‘Amendment the option to disseminate to customers in OPRA’s market data service, and No. 1’’). In Amendment No. 1, OPRA proposes to the consolidated BBO together with last governing the use of the BBO by complete the modifications to its system necessary sale reports for any series of options. In vendors. Notice of the proposal was to enable the system to provide the BBO service no addition to the BBO service, OPRA later than March 31, 2003. In addition, OPRA published in the Federal Register on proposes a technical correction to clarify that the would be obligated to continue to offer March 15, 2002.4 The Commission Plan would still require the options exchanges to to vendors its full market data service, use the OPRA system as the exclusive means of which includes the disseminated best 1 15 U.S.C. 78k–1. disseminating options market information. Finally, bid and offer from each of OPRA’s OPRA proposes to provide examples under the BBO 2 17 CFR 240.11Aa3–2. participant exchanges. The proposed Guidelines to describe how OPRA would calculate 3 OPRA is a National Market System Plan the BBO. amendment also would permit OPRA to approved by the Commission pursuant to section 7 contract with vendors separately for: (i) 11A of the Act and rule 11Aa3–2 thereunder. See See letter from Joseph P. Corrigan, Executive Securities Exchange Act Release No. 17638 (March Director, OPRA, to John Roeser, Special Counsel, The last sale reports and the BBO; (ii) 18, 1981). Division, Commission, dated June 12, 2002 (‘‘OPRA or for the last sale reports, the BBO, and The OPRA Plan provides for the collection and Letter’’). quotation information from each market. 8 See letter from Joseph P. Corrigan, Executive dissemination of last sale and quotation information OPRA also could contract separately on options that are traded on the participant Director, OPRA, to John Roeser, Special Counsel, exchanges. The five participants to the OPRA Plan Division, Commission, dated October 2, 2002 with vendors for the full market data that operate an options market are the American (‘‘Amendment No. 2’’). In Amendment No. 2, OPRA service that it currently offers. Stock Exchange LLC (’’Amex’’), the Chicago Board proposes to eliminate the proposed ten contract In a separate proposal, OPRA Options Exchange, Inc. (‘‘CBOE’’), the International minimum such that the disseminated BBO would proposes changes to its vendor Securities Exchange, Inc., the Pacific Exchange, include the actual size of the best bid and offer at Inc., and the Philadelphia Stock Exchange, Inc. The the time each new price is disseminated. agreement which, if approved, would New York Stock Exchange, Inc. is a signatory to the 9 See Exchange Act rule 11Aa3–2(c)(4). OPRA Plan, but sold its options business to the 10 OPRA represents that the BBO Service would 11 The minimum price variation for option quotes CBOE in 1997. See Securities Exchange Act Release be implemented no later than the end of the first under the rules of OPRA’s participant exchanges is No. 38542 (April 23, 1997), 62 FR 23521 (April 30, quarter of 2003. This would be accomplished by currently five cents for options trading under $3.00 1997). providing dual feeds to vendors during a phase-in per share per option contract. See, e.g., Amex rule 4 See Securities Exchange Act Release No. 45532 period, one with BBO information and one without 952. (March 11, 2002), 67 FR 11727 (‘‘Notice’’). it. See Amendment No. 1, supra note 6. 12 See Amendment No. 1, supra note 6.
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affect the manner in which vendors Amendments No. 1 and 2, is consistent technological and financial constraints disseminate information to end users.13 with the requirements of the Act and the are in doing so. Specifically, under OPRA’s vendor rules and regulations thereunder.14 The Commission concurs with agreement proposal, vendors could Specifically, the Commission believes Reuters’ general concerns regarding the choose to disseminate only the BBO and that the proposed OPRA Plan growth in options market data message last sale information. Moreover, the amendment, which would permit OPRA traffic. The Commission, however, does proposal would permit vendors to to provide a best bid and offer market not believe that these concerns mean exclude from the BBO the quotation data service to vendors, is consistent that the Commission should delay size, or the market identifier associated with section 11A of the Act 15 and rule approval of a new service that will be with a BBO, or both, so long as in 11Aa3–216 thereunder in that it is optional to vendors. As OPRA noted, it excluding this information the vendor appropriate in the public interest, for intends that the BBO service would would not discriminate on the basis of the protection of investors and the enable vendors to offer ‘‘a useful market the market in which quotations are maintenance of fair and orderly markets, data service to those customers who do entered. In addition, if a vendor to remove impediments to, and perfect not need the full OPRA service without excludes the market identifier the mechanisms of, a national market having to develop and maintain the associated with the BBO, it would have system. Further, the Commission finds, large-capacity systems necessary to to make that information available to as described further below, that it is transmit the full options market data recipients of the service through an appropriate to approve summarily the service to those customers.’’21 OPRA inquiry service provided without proposed OPRA Plan amendment as does not claim that the BBO service additional cost. Further, the proposed amended upon publication of this would be a panacea for all capacity- vendor agreement would require any notice on a temporary basis for 120 related concerns, and recognizes that, vendor that includes size in its BBO days. The Commission believes such working with vendors and the service to disclose to its customers that action is necessary or appropriate in the Commission, it will continue to have to the included size is an approximation of public interest, for the protection of address this issue.22 In addition, OPRA the actual size, and that the actual size investors or the maintenance of fair and believes that, although no one can is available on OPRA’s full quotation orderly markets, to remove impediments predict the potential capacity savings to service. to, and perfect mechanisms of, a vendors associated with the BBO service national market system or otherwise in in comparison to OPRA’s full service, III. Solicitation of Comments furtherance of the purposes of the Act.17 such savings would be significant Interested persons are invited to The Commission received two because every quotation change submit written data, views, and comment letters regarding the proposed disseminated over OPRA’s full service arguments concerning Amendments No. OPRA Plan amendment.18 The two would likely not result in a 1 and 2 to the proposed Plan commenters generally did not oppose corresponding change to OPRA’s BBO amendment, including whether OPRA’s initiative to establish a BBO for quotation. Further, OPRA suggests that Amendments No. 1 and 2 are consistent the options markets, but did express the capacity saving would be greatest if with the Act. Persons making written specific concerns regarding the terms of vendors were permitted to disseminate submissions should file six copies OPRA’s proposed Plan amendment. only the price of the BBO without the thereof with the Secretary, Securities In particular, without opposing the size or market identifier, as proposed in and Exchange Commission, 450 Fifth dissemination of a BBO in the options the Vendor Agreement Proposal.23 Street, NW., Washington, DC 20549– markets, Reuters America Inc. Finally, OPRA emphasizes that its 0609. Copies of the submission, all (‘‘Reuters’’) stated that a BBO would not proposed BBO service is an alternative, subsequent amendments, and all written solve the problems caused by not in addition, to its current full statements with respect to Amendments exponential growth in options data over service. No. 1 and 2 to the proposed plan the last ten years.19 Reuters’ comment The Commission agrees that the amendment that are filed with the letter principally focuses on the growth proposal would provide an appropriate Commission, and all written in options market data, which it alternative to OPRA’s full service for communications relating to concludes is ‘‘out of proportion to the vendors and subscribers that do not Amendments No. 1 and 2 to the economic value of the data and require the full service, and that, proposed Plan amendment between the threatens to overwhelm customer although the size disseminated with the Commission and any person, other than systems and adversely impact market BBO service could be an approximation those withheld from the public in transparency.’’20 Reuters urges the of the actual size, the Commission accordance with the provisions of 5 Commission to undertake a study prior believes this approximate size is a U.S.C. 552, will be available for to approving OPRA’s proposal to reasonable alternative for certain market inspection and copying in the determine what options information end participants. More exact size Commission’s Public Reference Room. users want, alternatives available for information will still be available to Copies of the filing will also be available providing information, and what the market participants through OPRA’s full at the principal offices of OPRA. All service. Therefore, the Commission submissions should refer to File No. 14 In approving this proposed OPRA Plan believes that the proposal is consistent SR–OPRA–2002–01 and should be amendment, the Commission has considered its with the Act.24 Moreover, although the submitted by January 10, 2003. impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 21 See OPRA letter, note 7. 15 IV. Discussion 15 U.S.C. 78k–1. 22 See OPRA letter, note 7. 16 After careful review, the Commission 17 CFR 240.11Aa3–2. 23 See OPRA letter, note 7. See also Vendor 17 See Exchange Act rule 11Aa3–2(c)(4). finds that the proposed OPRA Plan Agreement Proposal, supra note 13. 18 See BSE letter and Reuters letter, supra note 5. 24 Under the proposed revisions to the vendor amendment, as amended by 19 Reuters is a vendor of options market data. agreement, a vendor would have to disclose to its Reuters is an indirect wholly-owned subsidiary of customers that the included size is an 13 See Securities Exchange Act Release No. 46839 Reuters Group PLC. See Reuters Letter, supra note approximation of the actual size, and that the actual (November 14, 2002) (File No. SR–OPRA–2002–03) 5. size is available on OPRA’s full quotation service. (‘‘Vendor Agreement Proposal’’). 20 See Reuters letter, supra note 5. See Vendor Agreement Proposal, supra note 13.
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Commission agrees that the BBO service or the size of a quote, or both. Further, The Commission believes that it is would not resolve all capacity issues the Commission notes that most appropriate to approve the proposal related to options market data, it disseminated quotations in the options summarily upon publication of notice of believes that the BBO service is a first market are updated automatically in Amendments No. 1 and 2 to permit step in addressing these concerns. direct response to changes in the price OPRA to complete the system Finally, the Commission notes that this of the underlying security. Thus, the modifications necessary to offer the service is an alternative to the current Commission believes that in many BBO service to vendors and subscribers, OPRA full service. Accordingly, for any instances a better quote results not from along with the anticipated capacity options series that a vendor chooses to a market maker’s incentive to be first in savings, which the BBO service should disseminate market data, the vendor time to establish the best bid or offer provide, at the soonest practicable time. could disseminate last sale information but, rather, from a price change in the together with (i) the best bid and offer underlying security. For this reason, the V. Conclusion from each market, as the vendor Commission is not persuaded by the It is therefore ordered, pursuant to agreement currently requires, or (ii) the BSE’s argument that OPRA’s proposal to section 11A of the Act,28 and rule BBO. The Commission believes that calculate the best bid or offer in the 11Aa3–2(c)(4) thereunder,29 that the OPRA’s proposal to permit vendors to options market on the basis of price and proposed OPRA Plan amendment, as disseminate last sale information and a then size priority. modified by Amendments No. 1 and 2, BBO is consistent with the purposes of BSE also suggested that the method (SR–OPRA–2002–01) is approved until Section 11A of the Act because the BBO proposed to calculate the BBO was April 12, 2003. unclear under the guidelines. The would include the essential pricing For the Commission, by the Division of information market participants need to Commission believes that the changes to Market Regulation, pursuant to delegated make informed investment decisions. the proposal in Amendments No. 1 and authority.30 Moreover, the BBO would not impede 2 provide adequate clarification as to Margaret H. McFarland, market competition because all markets how the BBO would be calculated.26 Deputy Secretary. have an equal opportunity to be Finally, the Commission also believes represented in the BBO. The that the proposal is consistent with the [FR Doc. 02–32072 Filed 12–19–02; 8:45 am] Commission believes that OPRA’s Commission’s position in its letter BILLING CODE 8010–01–U proposed BBO service would make it submitted as amicus curiae in an easier for vendors to disseminate this arbitration proceeding between OPRA SECURITIES AND EXCHANGE minimum essential market information and Reuters.27 In this arbitration, OPRA COMMISSION as an alternative to the full quotation challenged the validity of Reuters’ information or in addition to such limited service under which it provides information. only the last sale and quotation [Release No. 34–46994; File No. SR–NASD– The Boston Stock Exchange, Inc. information for each options class 2002–66] (‘‘BSE’’) offered support for the proposal generated by the ‘‘primary market,’’ Self-Regulatory Organizations; Order in general but criticized the priority defined as the market with the greatest Granting Approval of Proposed Rule volume for the prior month. The used to determine the market Change by the National Association of 25 Commission submitted its views on identifier. Specifically, the BSE Securities Dealers, Inc., and Notice of whether Reuters’ dissemination to suggested that the proposal could Filing and Order Granting Accelerated customers of options prices only from discourage competition by creating a Approval of Amendment No. 1 to the exchange with the highest volume is disincentive for market makers to Proposed Rule Change Relating to consistent with the OPRA Plan and the improve the price of their quotations. In Limit Order Protection and the Act, particularly the goals of fostering particular, BSE argued that because the Facilitation of Other Customer Orders market identifier for the BBO could transparency and competition. The on a Riskless Principal Basis change based solely on an increase to Commission concluded it was not. the size of the BBO, OPRA’s service Specifically, the Commission took the December 13, 2002. would likely identify only those position that the dissemination by exchanges that disseminate quotations securities information vendors of I. Introduction with large size. As a result, BSE timely, accurate, and complete options On May 28, 2002, the National suggested that order flow providers quotation and transaction information to Association of Securities Dealers, Inc. would direct their orders to exchanges market participants, including public (’’NASD’’ or ‘‘Association’’), through its that improve the size but merely match investors, is a critical component of the subsidiary, the Nasdaq Stock Market, the price of the BBO, thereby creating a national market system as it relates to Inc. (‘‘Nasdaq’’), filed with the disincentive for an exchange to offer a options. Accordingly, as the Securities and Exchange Commission better price as means of attracting order Commission urged in its amicus letter, (’’Commission’’), pursuant to section flow. this means that the market information 19(b)(1) of the Securities Exchange Act The Commission is not persuaded by disseminated by a vendor must include, of 1934 (Act) 1 and Rule 19b–4 BSE’s arguments. An exchange would at a minimum, for each series of options thereunder,2 a proposed rule change have its market identifier associated included in its service, the last sale that would modify NASD Interpretative with the BBO by improving the price. information generated by all exchanges Material 2110–2 to establish a riskless Therefore, the Commission believes that and the best bid and offer currently principal customer facilitation the proposal would give market makers available in the marketplace. exemption. Notice of the proposed rule an incentive to improve either the price change appeared in the Federal Register 26 See Amendments No. 1 and 2, supra notes 1 25 The BSE also raised concerns regarding firm and 2. See also, OPRA letter, supra note 7. 28 15 U.S.C. 78k–1. quote obligations in the options markets generally. 27 See letter to Tamara B. Young, Case 29 The Commission believes that these obligations are Administrator, American Arbitration Association, 17 CFR 240.11Aa3–2(c)(4). outside the scope of OPRA’s function and are not from Annette L. Nazareth, Director, Division, 30 17 CFR 200.30–3(a)(29). relevant to the proposed amendment to the OPRA Commission, and David M. Becker, General 1 15 U.S.C. 78s(b)(1). Plan. Counsel, Commission, dated February 5, 2001. 2 17 CFR 240.19b–4.
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on June 7, 2002.3 The Commission improvement standard in a decimal requirements of Exchange Act Rule 10b– received two comment letters in environment. 10.8 As such, Nasdaq will not consider response to the proposed rule change.4 To ensure that market maker riskless principal trades meeting the On November 26, 2002, Nasdaq transactions that will not trigger requirements of the exemption as submitted Amendment No. 1 to the Manning obligations are being done for triggering trades for the market maker’s proposed rule change.5 For the reasons the ultimate benefit of other customers, own market-making account for discussed below, the Commission is the customer facilitation exemption will purposes of Manning. This view rests approving the proposed rule change and be strictly construed. As such, only primarily on the requirement that only granting accelerated approval to those market maker trades meeting all of trades where a market maker gives the Amendment No 1. the following requirements would be customer a trade price that reflects the market maker’s actual cost in acquiring II. Description of the Proposed Rule eligible for an exemption from Manning: the stock be eligible for the exemption. Change (1) The handling and execution of the facilitated order must satisfy the definition of This obligation to trade ‘flat’ effectively The proposed rule change seeks a ‘‘riskless’’ principal transaction, as that removes concerns about a member Commission approval of Nasdaq’s term is defined in NASD Rules 4632(d)(3)(B), breaching its fiduciary duty to customer proposal to establish a riskless principal 4642(d)(3)(B) and 4652(d)(3)(B); limit orders that it holds that underlie customer facilitation exemption to (2) A member that relies on this exemption the Manning protections in other NASD Interpretative Material 2110–2– to this interpretation must give the facilitated trading contexts. Nasdaq believes that Trading Ahead of Customer Limit Order order the same per-share price at which the the above exemption draws an (‘‘Manning Interpretation’’ or member accumulated or sold shares to satisfy appropriate balance between the ‘‘Manning’’). NASD’s current Manning the facilitated order, exclusive of any markup important customer protections afforded or markdown, commission equivalent or Interpretation prohibits market makers by Manning and the practical needs of from trading at prices equal or superior other fee; (3) A member must submit, market participants to assist other to customer limit orders they hold contemporaneously with the execution of the customers. without executing those limit orders.6 facilitated order, a report as defined in NASD III. Comment Letters Nasdaq has determined to adopt a Rules 4632(d)(3)(B)(ii), 4642(d)(3)(B)(ii) and customer facilitation exemption to 4652(d)(3)(B)(ii) to the Automated The Commission received two Manning that would exempt from Confirmation Transaction Service; comment letters in response to the Manning single-priced riskless principal (4) Members must have written policies proposed rule change. Knight Trading transactions done by market makers and procedures to assure that riskless Group, Inc. (‘‘Knight’’) supported the who are buying or selling securities to principal transactions relied upon for this proposed rule change but expressed satisfy the order(s) of other customers. exemption comply with NASD Rules concern about the conditions included In these situations, since the true 4632(d)(3)(B), 4642(d)(3)(B) and in the exemption. In particular, Knight beneficiary of the market maker’s 4652(d)(3)(B). At a minimum these policies and procedures must require that the objected to the requirements that an activity is another customer, and not the customer order was received prior to the offsetting riskless principal transaction firm’s proprietary account, Manning offsetting transactions, and that the offsetting must be allocated within 60 seconds of will be interpreted to exempt such transactions are allocated to a riskless execution and that the transaction be trading from being considered triggering principal or customer account within 60 allocated to a separate ‘‘allocation trades obligating the market maker to seconds of execution. Members must have account.’’ Knight contended that these protect other held customer limit supervisory systems in place that produce requirements were redundant in light of orders.7 Additionally, this proposed records that enable the member and NASD the proposed condition that members exemption is intended to addresses Regulation to accurately and readily must have systems in place that enable some of the consequences created by reconstruct, in a time-sequenced manner, all orders on which a member relies in claiming a member to accurately and readily Manning’s minimum price this exemption. reconstruct, in a time sequenced manner, all orders upon which a 3 See Securities Exchange Act Release No. 46006 Non-agency trades not meeting all of member relies in claiming the (May 30, 2002), 67 FR 39455 (June 7, 2002). these standards would remain subject to exemption. 4 Letters from Michael T. Dorsey, Senior Vice Manning and require, upon execution, Another commenter, Schwab Capital President, Director of Legislative and Regulatory the protection and execution of Affairs, Knight Trading Group, Inc. (June 28, 2002); Markets L.P. (‘‘Schwab’’), expressed a Michael Corrao, Vice President and Chief appropriate limit orders in full broader concern about the application of Compliance officer, Schwab Capital Markets L.P. conformity with the Interpretation. This the Manning Interpretation in a (July 9, 2002). exemption would apply only to the decimals environment where subpenny 5 See Letter from Thomas P. Moran, Associate actual number of shares executed by the General Counsel, Nasdaq (November 26, 2002). quotes are rounded to the nearest NASD’s Amendment seeks to add the language ‘‘or member necessary to fill the customer penny. Schwab stated that under certain customer account’’ to the proposed rule language order(s). market conditions, a member may for subparagraph (c) (4) of Interpretative Material In Nasdaq’s view, a transaction attempt to execute a trade at least $0.01 2110–2 as an alternative account to which a riskless meeting these requirements is closely principal offsetting transaction may be allocated in ahead of a customer limit order it holds addition to the ‘‘riskless principal account’’ akin to an agency trade and does not pursuant to Manning but because a referenced in the original rule filing. materially implicate a market maker’s quote was rounded to the nearest penny 6 In addition, Nasdaq has adopted price- proprietary trading. Nasdaq notes that the execution may trigger a fill of a improvement standards that obligate market makers the Commission in its release customer limit order held by the to execute held customer limit orders unless the concerning the availability of the market maker either buys at a price sufficiently member. Schwab suggested several higher than a customer’s buy order, or sells at a section 28(e) safe harbor also solutions to the problem, including price sufficiently lower than a customer’s sell order. highlighted the similarities in requiring an asterisk identifier to a 7 In this sense, the exemption is similar in compensation transparency provided by rounded quote and the elimination of a purpose and effect to the treatment of agency agency and riskless principal trade executions in IM–2110–2. Specifically, if a broker- penny price improvement standard dealer executes a customer order on an agency reporting pursuant to NASD Rules basis, the firm is not required to protect (execute) 4632(d)(3)(B), 4642(d)(3)(B), and 8 See Securities Exchange Act Release No. 45194 other customer limit orders. 6420(d)(3)(B), coupled with the (January 2, 2002), 67 FR 6 (January 2, 2002).
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where the spread in a security is a particular, the Commission finds that an V. Conclusion penny. exemption from Manning for single- For the above reasons, the Nasdaq submitted Amendment No. 1 priced riskless principal transactions Commission finds that the proposed in response to one of the concerns done by market makers who are buying rule change is consistent with the raised by Knight. As discussed, or selling securities to satisfy the provisions of the Act, in general, and Amendment No. 1 seeks to provide an order(s) of other customers is consistent with section 15A(b)(6),13 in particular. alternative allocation account for those with the goals of Manning since the true It is therefore ordered, pursuant to members for whom it may be beneficiary of the market maker’s section 19(b)(2) of the Act,14 that the cumbersome to establish a separate activity is another customer and not the proposed rule change (SR–NASD–2002– ‘‘riskless principal account.’’ With firm’s proprietary account. 66), as amended, be and hereby is regards to Knight’s concern about the Additionally, we believe the proposed approved. requirement that an offsetting exemption will appropriately address For the Commission, by the Division of transaction be allocated to either a some of the concerns raised by members riskless principal or customer account Market Regulation, pursuant to delegated regarding the consequences created by authority.15 within 60 seconds, Nasdaq has not Manning’s minimum price sought to make any changes to the Margaret H. McFarland, improvement standard in a decimal proposed rule in response to this Deputy Secretary. concern as this condition is consistent environment. [FR Doc. 02–32073 Filed 12–19–02; 8:45 am] with previously stated Nasdaq policy The Commission also finds good BILLING CODE 8010–01–P regarding the handling of mixed cause for approving proposed capacity trades and compliance with the Amendment No. 1 prior to the 30th day Manning Interpretation.9 after the date of publication of notice of DEPARTMENT OF STATE Further, Nasdaq has not sought any the filing in the Federal Register. The [Public Notice 4234] changes to the rule proposal in response Amendment provides an alternative to the concerns raised by Schwab. The allocation account, other than a riskless Culturally Significant Objects Imported issues raised by Schwab largely relate to principal account, as a more efficient for Exhibition Determinations: ‘‘The the operation of Manning relative to the means of complying with the conditions Devonshire Inheritance: Five Centuries rounding of quotes to the nearest penny of the exemption for some members for of Collecting at Chatsworth’’ due to subpenny trading that are beyond whom establishing a separate riskless AGENCY: Department of State. the scope of the proposed rule change. principal account may be cumbersome. ACTION: Notice. IV. Discussion Approving the Amendment on an The Commission has reviewed accelerated basis will allow some SUMMARY: Notice is hereby given of the carefully the proposed rule change and members to implement the exemption following determinations: Pursuant to the two comment letters and finds that without having to unnecessarily the authority vested in me by the Act of the proposed rule change is consistent establish a separate riskless principal October 19, 1965 (79 Stat. 985; 22 U.S.C. with the Act and the rules and account. For this reason, the 2459), Executive Order 12047 of March regulations promulgated thereunder.10 Commission finds good cause for 27, 1978, the Foreign Affairs Reform and Specifically, the Commission finds that accelerating approval of the proposed Restructuring Act of 1998 (112 Stat. approval of the proposed rule change is rule change, as amended. 2681, et seq.; 22 U.S.C. 6501 note, et consistent with section 15A(b)(6) of the Interested persons are invited to seq.), Delegation of Authority No. 234 of Act.11 submit written data, views, and October 1, 1999, and Delegation of The Commission finds that proposed arguments concerning Amendment No. Authority No. 236 of October 19, 1999, rule change is consistent with section 1, including whether the Amendment is as amended, I hereby determine that the 15A(b)(6) of the Act 12 in that it is consistent with the Act. Persons making objects to be included in the exhibition designed to prevent fraudulent and written submissions should file six ‘‘The Devonshire Inheritance: Five manipulative acts and practices, to copies thereof with the Secretary, Centuries of Collecting at Chatsworth,’’ promote just and equitable principles of Securities and Exchange Commission, imported from abroad for temporary trade, and to remove impediments to 450 Fifth Street, NW., Washington, DC exhibition within the United States, are and perfect the mechanism of a free and 20549–0609. Copies of the submission, of cultural significance. The objects are open market and a national market all subsequent amendments, all written imported pursuant to loan agreements system, and, in general, to protect statements with respect to the proposed with the foreign owners. I also investors and the public interest. The rule change that are filed with the determine that the exhibition or display of the exhibit objects at Dixon Gallery Commission finds the proposed rule Commission, and all written and Gardens, Memphis, TN from on or change promotes the just and equitable communications relating to the about April 24, 2003, to on or about principles of trade by continuing to proposed rule change between the August 17, 2003, at Bard Graduate provide protection to customer limit Commission and any person, other than Center for Studies in the Decorative orders while removing possible those that may be withheld from the impediments to filling customer orders Arts, New York, NY from on or about public in accordance with the on a riskless principal basis. In March 10, 2004 to on or about June 20, provisions of 5 U.S.C. 552, will be 2004, at Peabody Essex Museum, Salem, available for inspection and copying in 9 See NASD Notice to Members 01–85, at MA from on or about August 14, 2004 Question 7 and Notice to Members 95–67, at the Commission’s Public Reference to on or about November 7, 2004, at the Question 5. Room. Copies of such filing will also be Society of the Four Arts, Palm Beach, FL 10 In approving this proposal, the Commission has available for inspection and copying at from on or about December 7, 2004 to considered the proposed rule’s impact on the principal office of Nasdaq. All efficiency, competition and capital formation. 15 U.S.C. 78c(f). submissions should refer to file number 13 15 U.S.C. 78o–3(b)(6). 11 15 U.S.C. 78o–3(b)(6). SR–NASD–2002–66 and should be 14 15 U.S.C. 78s(b)(2). 12 Id. submitted by January 10, 2003. 15 17 CFR 200.30–3(a)(12).
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on or about January 16, 2005, at Tyler the address is United States Department Under the Agreement, the Museum of Art, Tyler, TX from on or of State, SA–44, Room 700, 301 4th Governments assigned the International about July 16, 2005 to on or about Street, SW., Washington, DC 20547– Joint Commission the responsibility of October 8, 2005, and at possible 0001. inviting comments on each progress additional venues yet to be determined, Dated: December 12, 2002. report of the Air Quality Committee. is in the national interest. Public Notice Miller Crouch, The International Joint Commission of these Determinations is ordered to be invites comment on any aspect of the Acting Assistant Secretary for Educational published in the Federal Register. and Cultural Affairs, Department of State. 2002 Progress Report. Please send comments in writing by February 28, FOR FURTHER INFORMATION CONTACT: For [FR Doc. 02–32123 Filed 12–19–02; 8:45 am] further information, including a list of 2003, to either address below, or contact BILLING CODE 4710–08–P the exhibit objects, contact Office of the us if you have any questions about the Legal Adviser, U.S. Department of State, comment process. (telephone: 202/619–6982). The address DEPARTMENT OF STATE International Joint Commission, United is U.S. Department of State, SA–44, 301 States Section, 1250 23rd Street, NW., 4th Street, SW., Room 700, Washington, [Public Notice 4235] Suite 100, Washington, DC 20440. D.C. 20547–0001. Telephone: (202) 736–9000. Fax: (202) An Invitation To Comment on the 2002 736–9015, E-mail: Dated: December 5, 2002. Progress Report on the Canada-United [email protected] Patricia S. Harrison, States Air Quality Agreement International Joint Commission, Assistant Secretary for Educational and Cultural Affairs, Department of State. The International Joint Commission Canadian Section, 234 Laurier Ave., invites public comment on progress by W., 22nd Floor, Ottawa, ON K1P 6K6. [FR Doc. 02–32124 Filed 12–19–02; 8:45 am] the United States and Canada in Telephone: (613) 995–2984. Fax: (613) BILLING CODE 4710–08–P reducing transboundary air pollution 993–5583. [email protected] under the 1991 Canada-United States Dated: December 16, 2002. DEPARTMENT OF STATE Agreement on Air Quality. The 2002 Gerry Galloway, Progress Report provides updates on [Public Notice 4233] Secretary, United States Section, acid rain control programs, ground-level International Joint Commission. ozone controls, cooperative efforts on [FR Doc. 02–32125 Filed 12–19–02; 8:45 am] Culturally Significant Objects Imported particulate matter, data measurement for Exhibition Determinations: and analysis, notification of sources of BILLING CODE 4710–14–P ‘‘Matisse Picasso’’ transboundary air pollution, and the AGENCY: Department of State. results of the second five-year review of DEPARTMENT OF TRANSPORTATION ACTION: Notice. the agreement, among other issues. The Commission will provide a synthesis of Office of the Secretary SUMMARY: Notice is hereby given of the comments received to the two following determinations: Pursuant to governments and the public as directed Review Under 49 U.S.C. 41720 of Delta/ the authority vested in me by the Act of by the Agreement. Northwest/Continental Agreements October 19, 1965 (79 Stat. 985; 22 U.S.C. The Governments of the United States 2459), Executive Order 12047 of March and Canada signed an Agreement on Air AGENCY: Office of the Secretary, 27, 1978, the Foreign Affairs Reform and Quality on March 13, 1991. The purpose Department of Transportation. Restructuring Act of 1998 (112 Stat. of the Agreement was to establish a ACTION: Extension of waiting period. 2681, et seq.; 22 U.S.C. 6501 note, et practical and effective instrument to seq.), Delegation of Authority No. 234 of address shared concerns on SUMMARY: As required by 49 U.S.C. October 1, 1999 (64 FR 56014), and transboundary air pollution. 41720, Delta Air Lines, Northwest Delegation of Authority No. 236 of Under the terms of the Agreement, the Airlines, and Continental Airlines have October 19, 1999 (64 FR 57920), as Governments’ bilateral Air Quality submitted code-sharing and frequent- amended, I hereby determine that the Committee reviews progress made in the flyer program reciprocity agreements to objects to be included in the exhibition, implementation of the Agreement, the Department for review. That statute ‘‘Matisse Picasso,’’ imported from prepares and submits periodic progress requires the submission of such abroad for temporary exhibition within reports to the Governments, and refers agreements between major U.S. the United States, are of cultural each progress report to the International passenger airlines at least thirty days significance. These objects are imported Joint Commission for solicitation of before the agreements’ proposed pursuant to loan agreements with public input. The 2002 Progress Report effective date. The statute empowers the foreign lenders. I also determine that the of the Committee is now available and Department to extend the waiting period exhibition or display of the exhibit may be obtained from: for these agreements at the end of the objects at the Museum of Modern Art, Clean Air Markets Division, U.S. thirty-day period. The Department has New York, New York, from on or about Environmental Protection Agency, determined to extend the waiting period February 12, 2003, to on or about May 1200 Pennsylvania Avenue, NW. for the Delta/Northwest/Continental 19, 2003, and at possible additional (6204N), Washington, DC 20460. Acid code-share agreements for an additional venues yet to be determined, is in the Rain Hotline: (202) 564–9620 30 days, from December 21, 2002, to national interest. Public Notice of these Environment Canada, Inquiry Centre, January 20, 2003. determinations is ordered to be 351 St. Joseph Blvd., Hull, Quebec, FOR FURTHER INFORMATION CONTACT: published in the Federal Register. K1A 0H3, (800) 668–6767. Thomas Ray, Office of the General FOR FURTHER INFORMATION CONTACT: For The full report is also available at the Counsel, 400 Seventh St., SW., further information, including a list of following sites on the World Wide Web: Washington, DC 20590, (202) 366–4731. exhibit objects, contact Paul W. http://www.epa.gov/airmarkets/usca/ SUPPLEMENTARY INFORMATION: On August Manning, Attorney-Adviser, Office of 2002report.html http://www.ec.gc.ca/ 23, Delta, Northwest, and Continental the Legal Adviser, 202/619–5997, and air/qual/2002/index_e.html submitted code-sharing and frequent-
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flyer program reciprocity agreements to conduct in the recent past. We have met DATES: The minimum random drug us for review under 49 U.S.C. 41720. with Delta, Continental, and Northwest, testing rate is effective January 1, 2003 That statute requires such agreements and with other interested parties. In through December 31, 2003. You must between major U.S. airlines to be their written comments, a number of submit your 2002 MIS reports no later submitted to us more than 30 days parties have requested that we extend than March 15, 2003. before their planned implementation. the waiting period to allow additional We may extend that waiting period by time for consideration. See, e.g., the ADDRESSES: You must mail your annual up to 150 days for code-sharing November 15, 2002, letter from AirTran, MIS report to Commandant (G–MOA), agreements and 60 days for other types America West, Frontier, JetBlue, U.S. Coast Guard Headquarters, 2100 of agreements. We have previously Midwest Express, Southwest, and Spirit; Second Street SW., Room 2404, extended the waiting period for the the November 12, 2002, letter from Tom Washington, DC 20593–0001. code-sharing agreement for a total of 90 Miller, the Attorney General of Iowa, FOR FURTHER INFORMATION CONTACT: For days, and we extended the waiting written on behalf of himself and the questions about this notice, please period for the frequent flyer agreement Attorneys General of Connecticut, the contact Mr. Robert C. Schoening, Drug for 60 days, the maximum period District of Columbia, Florida, Maine, and Alcohol Program Manager, Office of authorized by the statute. 67 FR 59328 Minnesota, New York, and Vermont; the Investigations and Analysis (G–MOA), (September 20, 2002); 67 FR 64960 November 13, 2002, letter from Senator (October 22, 2002); 67 FR 69804 U.S. Coast Guard Headquarters, John Ensign; the November 4, 2002, telephone 202–267–0684. If you have (November 19, 2002). We have letter from Senator James M. Inhofe; and questions on viewing the docket, call determined to extend the waiting period the October 29, 2002, letter from Senator Dorothy Beard, Chief, Dockets, for the code-sharing agreement for an Russell D. Feingold. Department of Transportation, additional 30 days to give us time to While we have not made any final telephone 202–366–5149. complete our review of the Delta/ decision, we have advised the three Continental/Northwest agreements. airlines that we believe the agreements SUPPLEMENTARY INFORMATION: Under 46 As we have stated earlier, the purpose as presented to us raise competitive CFR 16.230, the Coast Guard requires of our review of the agreements is to see issues. We have discussed our concerns marine employers to establish random whether they may reduce competition. in detail with the three airlines. Because drug testing programs for covered Our governing statute specifically we need additional time to complete our crewmembers on inspected and requires us to consider, in the public review of the agreements and to uninspected vessels. All marine interest, the objectives of ‘‘avoiding complete further discussions with employers are required to collect and unreasonable industry concentration, interested parties, we are extending the maintain a record of drug testing excessive market domination, monopoly waiting period to January 20, 2003. powers, and other conditions that program data for each calendar year, would tend to allow at least one air Issued in Washington, DC on December 16, January 1 through December 31. You carrier * * * unreasonably to increase 2002. must submit this data by 15 March of prices, reduce services, or exclude Read C. Van de Water, the following year to the Coast Guard in competition in air transportation.’’ 49 Assistant Secretary for Aviation and an annual MIS report (Form CG–5573 U.S.C. 40101(a)(10). If we were to International Affairs. found in Appendix B of 46 CFR 16). determine that, separately or in [FR Doc. 02–32195 Filed 12–19–02; 8:45 am] You may either submit your own MIS combination, aspects of the agreements BILLING CODE 4910–62–P report or have a consortium or other constitute unfair methods of employer representative submit the data competition under 49 U.S.C. 41712, we in a consolidated MIS report. The could bar the airlines from DEPARTMENT OF TRANSPORTATION chemical drug testing data is essential to implementing them. Unfair methods of Coast Guard analyze our current approach for competition are airline agreements and deterring and detecting illegal drug other practices that violate the antitrust [USCG–2002–13978] abuse in the maritime industry. laws or antitrust principles. See United Since 2001 MIS data indicates that the Air Lines v. CAB, 766 F.2d 1101 (7th Random Drug Testing Rate for positive random testing rate is greater Cir. 1985). The purpose of our current Covered Crewmembers review is to determine whether we than one percent industry-wide (1.63 should institute a formal proceeding to AGENCY: Coast Guard, DOT. percent), the Coast Guard announces determine whether the agreements and ACTION: Notice of minimum random that the minimum random drug testing the three airlines’ proposed relationship drug testing rate. rate is set at 50 percent of covered violate section 41712. employees for the period of January 1, We have informally reviewed the SUMMARY: The Coast Guard has set the 2003 through December 31, 2003 in agreements submitted by Delta, calendar year 2003 minimum random accordance with 46 CFR 16.230(e). Each Continental, and Northwest, discussed drug testing rate at 50 percent of year we will publish a notice reporting the competitive issues with the Justice covered crewmembers. An evaluation of the results of the previous calendar Department, and given outside parties the 2001 Management Information year’s MIS data, and the minimum the opportunity to review unredacted System (MIS) data collection forms annual percentage rate for random drug copies of the agreements and to submit submitted by marine employers testing for the next calendar year. comments based on that review and determined that random drug testing on Dated: December 13, 2002. other information available to such covered crewmembers for the calendar commenters. 67 FR 69804. We have year 2001 resulted in positive test L.L. Hereth, received comments on the proposed results 1.63 percent of the time. Based Acting Assistant Commandant for Marine agreements from interested parties as on this percentage, we will maintain the Safety, Security and Environmental recently as today. We have also received minimum random drug testing rate at 50 Protection. complaints that the three airlines have percent of covered crewmembers for the [FR Doc. 02–32142 Filed 12–19–02; 8:45 am] allegedly engaged in anti-competitive calendar year 2003. BILLING CODE 4910–15–P
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DEPARTMENT OF TRANSPORTATION At the close of the comment period, DEPARTMENT OF TRANSPORTATION NHTSA decides, on the basis of the National Highway Traffic Safety petition and any comments that it has Surface Transportation Board Administration received, whether the vehicle is eligible [STB Finance Docket No. 34267] [Docket No. NHTSA–2002–13332; Notice 2] for importation. The agency then publishes this decision in the Federal Morristown & Erie Railway, Inc.— Decision That Nonconforming 1993 Register. Operation Exemption—Somerset Mercedes Benz S Series Passenger Terminal Railroad Corporation Sunshine Car Import L.C. of Cape Cars Are Eligible for Importation Coral, Florida (Registered Importer 01– Morristown & Erie Railway, Inc. AGENCY: National Highway Traffic 289) petitioned NHTSA to decide (M&E), a Class III rail carrier, has filed Safety Administration (NHTSA), DOT. whether 1993 Mercedes Benz S Series an amended verified notice of 1 ACTION: Notice of decision by NHTSA passenger cars are eligible for exemption under 49 CFR 1150.41 to that nonconforming 1993 Mercedes importation into the United States. operate over approximately 1.25 miles Benz S Series passenger cars are eligible NHTSA published notice of the petition of rail line located in the Township of for importation. on September 23, 2002 (67 FR 59594) to Bridgewater and the Borough of afford an opportunity for public Manville, Somerset County, NJ, that is SUMMARY: This notice announces the comment. The reader is referred to that part of a rail line known as the Reading Company New York Branch (also decision by NHTSA that 1993 Mercedes notice for a thorough description of the known as the Raritan Valley Connecting Benz S Series passenger cars not petition. No comments were received in Track), and identified as Line Code originally manufactured to comply with response to the notice of the petition. all applicable Federal motor vehicle 0326, between milepost 57.25 at Based on its review of the information safety standards are eligible for Manville Yard and milepost 58.50 at a submitted by the petitioner, NHTSA has importation into the United States junction with New Jersey Transit’s because they are substantially similar to decided to grant the petition. commuter line. In the amended notice, vehicles originally manufactured for Vehicle Eligibility Number for Subject M&E states that it proposes to obtain importation into and sale in the United Vehicles rights from Somerset Terminal Railroad States and certified by their Corporation (STRC), a Class III rail manufacturer as complying with the The importer of a vehicle admissible carrier, to operate over this line of safety standards (the U.S. certified under any final decision must indicate railroad that is owned by Joseph C. version of the 1993 Mercedes Benz S on the form HS–7 accompanying entry Horner.2 Series), and they are capable of being the appropriate vehicle eligibility M&E states that, as provided in an readily altered to conform to the number indicating that the vehicle is assignment of contracts agreement dated standards. eligible for entry. VSP–395 is the October 1, 2002, between M&E and STRC, STRC proposes to assign M&E vehicle eligibility number assigned to DATES: This decision is effective as of rights which will permit M&E to operate vehicles admissible under this notice of the date of its publication in the Federal the line.3 By letters filed on October 17, Register. final decision. 2002, November 20, 2002, and FOR FURTHER INFORMATION CONTACT: Final Decision November 26, 2002, Standard Terminal Luke Loy, Office of Vehicle Safety Railroad of New Jersey, Incorporated Compliance, NHTSA (202–366–5308). Accordingly, on the basis of the (Standard), alleged that STRC does not SUPPLEMENTARY INFORMATION: foregoing, NHTSA hereby decides that actually possess the rights it seeks to 2003 Mercedes Benz S Series passenger assign to M&E and requested that the Background cars that were not originally exemption be stayed. By decision served Under 49 U.S.C. 30141(a)(1)(A), a manufactured to comply with all on November 27, 2002, in this motor vehicle that was not originally applicable Federal motor vehicle safety proceeding, the request for stay was manufactured to conform to all standards are substantially similar to denied. applicable Federal motor vehicle safety 2003 Mercedes Benz S Series passenger Publication of this notice and standards shall be refused admission cars originally manufactured for effectiveness of the exemption does not into the United States unless NHTSA importation into and sale in the United has decided that the motor vehicle is 1 M&E originally tendered a notice of exemption States and certified under 49 U.S.C. for filing on October 7, 2002, but additional and substantially similar to a motor vehicle 30115, and are capable of being readily corrected information was subsequently filed on originally manufactured for importation altered to conform to all applicable November 20, 2002. 2 into and sale in the United States, Federal motor vehicle safety standards. In Somerset Terminal Railroad Corporation— certified under 49 U.S.C. 30115, and of Operation Exemption—A Line of Railroad Owned Authority: 49 U.S.C. 30141(a)(1)(A) and by Joseph C. Horner, STB Finance Docket No. 33999 the same model year as the model of the (STB served Feb. 13, 2001), STRC, then a motor vehicle to be compared, and is (b)(1); 49 CFR 593.8; delegations of authority noncarrier, was granted an exemption under 49 CFR capable of being readily altered to at 49 CFR 1.50 and 501.8. 1150.31 to operate the line pursuant to a perpetual, irrevocable, exclusive and assignable easement. conform to all applicable Federal motor Issued on: December 17, 2002. 3 In addition, STRC will assign the right for M&E vehicle safety standards. Marilynne Jacobs, to operate over a railroad bridge that crosses the Petitions for eligibility decisions may Director, Office of Vehicle Safety Compliance. Raritan River, which connects the properties on be submitted by either manufacturers or which STRC has its easement. STRC is a party to importers who have registered with [FR Doc. 02–32143 Filed 12–19–02; 8:45 am] a Land Use Agreement with Mr. Horner, dated May BILLING CODE 4910–59–P 1, 2000, and holds an easement to operate over the NHTSA pursuant to 49 CFR Part 592. As properties of Mr. Horner. Pursuant to the specified in 49 CFR 593.7, NHTSA assignment of contracts agreement, M&E’s operating publishes notice in the Federal Register rights will be for a term of 15 years, subject to of each petition that it receives, and renewal, extension, and termination. M&E proposes to operate the line to connect with CSX affords interested persons an Transportation, Inc., and Norfolk Southern Railway opportunity to comment on the petition. Company.
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constitute any finding by the Board DEPARTMENT OF TRANSPORTATION involves the control of one Class II rail concerning the ownership of the carrier and one or more Class III rail property involved. The exemption Surface Transportation Board carriers, the transaction will be made merely permits M&E and STRC to [STB Finance Docket No. 34283] subject to the employee protective consummate the described transaction if conditions described in Wisconsin and when they, in fact, have the legal RailAmerica, Inc. et al.—Corporate Central Ltd.—Acquisition Exem.— capacity to do so. The question of Family Reorganization Exemption— Union Pac. RR, 2 S.T.B. 218 (1997). whether or not STRC possesses the Western Illinois Railway Company If the verified notice contains false or rights it wishes to assign is currently misleading information, the exemption RailAmerica, Inc. (RailAmerica), a is void ab initio. Petitions to revoke the pending in the United States noncarrier holding company, and its Bankruptcy Court. In the Matter of exemption under 49 U.S.C. 10502(d) noncarrier subsidiary, Palm Beach Rail may be filed at any time. The filing of Bridgewater Resources, Inc., No. 00– Holdings, Inc. (PBRH), filed a verified 60057 (WHG) (D.N.J.). a petition to revoke will not stay the notice of exemption under the Board’s transaction. M&E certifies that its annual revenues class exemption procedures at 49 CFR An original and 10 copies of all will not exceed those that would qualify 1180.2(d)(3) for them to continue in pleadings, referring to STB Finance it as a Class III rail carrier and that its control of the Western Illinois Railway Docket No. 34283, must be filed with annual freight revenues are not Company (WIRC), when it becomes a the Surface Transportation Board, 1925 projected to exceed $5 million. rail carrier. K Street, NW., Washington, DC 20423– The transaction was expected to be M&E states that operations will not 0001. In addition, a copy of each consummated on or shortly after commence until all of the contingencies pleading must be served on: Louis E. November 27, 2002. Gitomer, Ball Janik LLP, 1455 F Street, contained in the assignment of contracts In a related matter, Western Illinois 4 NW., Suite 225, Washington, DC 20005. agreement are met. The earliest the Railway Company—Acquisition Board decisions and notices are exemption could have been Exemption—Toledo, Peoria & Western available on our Web site at consummated was November 27, 2002, Railway Company, STB Finance Docket WWW.STB.DOT.GOV. the effective date of the exemption (7 No. 34282, WIRC filed a notice of days after the amended exemption was exemption to acquire from the Toledo, Decided: December 16, 2002. filed). Peoria & Western Railway Corporation By the Board, David M. Konschnik, This transaction is exempt under 49 (TP&W) the rail, ties, and certain Director, Office of Proceedings. CFR 1150.41(c).5 If the notice contains improvements on a 71.5-mile rail line in Vernon A. Williams, false or misleading information, the Hancock, McDonough, Fulton, and Secretary. exemption is void ab initio. Petitions to Peoria Counties, IL.1 [FR Doc. 02–32075 Filed 12–19–02; 8:45 am] revoke the exemption under 49 U.S.C. RailAmerica controls one Class II and BILLING CODE 4915–00–P 10502(d) may be filed at any time. The 31 Class III railroads that operate in the filing of a petition to revoke will not States of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, automatically stay the transaction. DEPARTMENT OF TRANSPORTATION Florida, Illinois, Indiana, Kansas, An original and 10 copies of all Massachusetts, Michigan, Minnesota, Surface Transportation Board pleadings, referring to STB Finance Missouri, Nebraska, New Hampshire, [Finance Docket No. 34079] Docket No. 34267, must be filed with New Mexico, North Carolina, Ohio, the Surface Transportation Board, 1925 Oklahoma, Oregon, South Carolina, San Jacinto Rail Limited— K Street, NW., Washington, DC 20423– Texas, Vermont, Virginia, and Construction Exemption—And The 0001. In addition, one copy of each Washington. Burlington Northern and Santa Fe pleading must be served on John K. Applicants state that there will not be Railway Company—Operation Fiorilla, 390 George Street, P.O. Box substantial lessening of competition, Exemption—Build-Out to the Bayport 1185, New Brunswick, NJ 08903. creation of a monopoly, or restraint of Loop Near Houston, Harris County, TX Board decisions and notices are trade in freight surface transportation in any region of the United States. AGENCIES: Lead: Surface Transportation available on our Web site at Applicant also states that the Board. Cooperating: U.S. Coast Guard, WWW.STB.DOT.GOV. transaction will not result in any Federal Aviation Administration, Decided: December 16, 2002. adverse change in service levels, National Aeronautics and Space By the Board, David M. Konschnik, significant operational changes, or a Administration. Director, Office of Proceedings. change in the competitive balance with ACTION: Extension of comment period Vernon A. Williams, carriers outside the corporate family. for the Draft Environmental Impact Secretary. The purpose of this transaction is to Statement. improve the financial viability of the [FR Doc. 02–32076 Filed 12–19–02; 8:45 am] applicants. SUMMARY: Comments on the Draft BILLING CODE 4915–00–P Under 49 U.S.C. 10502(g), the Board Environmental Impact Statement (Draft may not use its exemption authority to EIS) issued by the Surface 4 These contingencies include a court’s relieve a rail carrier of its statutory Transportation Board’s Section of determination that STRC possesses the rights it obligation to protect the interests of its Environmental Analysis (SEA) and the intends to assign to M&E and the consent of Mr. Horner. employees. Because the transaction three cooperating agencies on December 5 In order to qualify for a change in operators 6, 2002 in this proceeding were to be exemption, an applicant must give notice to 1 On November 26, 2002, RailAmerica, PBRH, and submitted by January 27, 2003. In shippers on the line. See 49 CFR 1150.42(b). To WIRC jointly filed a motion to dismiss both the response to a number of written requests ensure that shippers are informed of the change of continuance in control in this case and the operators on the line, M&E is directed to provide acquisition in STB Finance Docket No. 34282 for for an extension of the comment period, notice of the change to any shippers on the line and lack of Board jurisdiction. The motion will be SEA is advising all interested persons to certify to the Board that it has done so. handled in a separate decision. that the comment period will be
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extended for an additional twenty-five same format and agenda; it is not improvements on a 71.5-mile rail line, days. The comment period will now end necessary to attend both meetings. between milepost 194.5 at La Harpe and February 21, 2003. Persons wanting to speak at a public milepost 123.0 at Peoria, in Hancock, Most of the extension requests sought meeting are strongly urged to pre- McDonough, Fulton, and Peoria an additional forty-five days to submit register by calling the toll-free number Counties, IL (the La Harpe Line or comments on the Draft EIS. To balance at 1–888–229–7857 (TDD for the hearing Line).1 TP&W will retain the common these requests for an extension with the impaired 1–800–877–8339) and leaving carrier obligation and the permanent need to move the environmental review their name, telephone number, the name and exclusive right to operate the Line, process forward without undue delay, of any group, business, or agency the right to maintain and renew the SEA believes that a twenty-five day affiliation, if applicable, and the date of Line, and the right to require WIRC to extension to and including February 21, the meeting at which they wish to transfer the Line’s physical assets in the 2003 is appropriate. In order to issue the speak. The deadline for pre-registration event TP&W agrees or is required to sell Final EIS in a timely manner, no further for all meetings is January 7, 2003. the Line under an offer of financial extensions will be granted absent Persons will be called to speak at each assistance pursuant to 49 U.S.C. 10904.2 compelling, unforeseen circumstances. meeting in the order in which they pre- The transaction was expected to be Written comments on the Draft EIS registered. Those wishing to speak who consummated on or after November 27, must be postmarked or faxed by the did not pre-register will be 2002. February 21, 2003 due date. SEA accommodated at each meeting as time In a related matter, RailAmerica, Inc. encourages written comments by all allows. Those wishing to speak at more (RailAmerica) and Palm Beach Rail interested parties and agencies and than one meeting will also be Holdings, Inc. (PBRH), a noncarrier members of the general public on all accommodated as time allows and after subsidiary of RailAmerica, filed a notice aspects of this Draft EIS. SEA will all others have had an opportunity to of exemption in RailAmerica, Inc. et consider all timely comments in participate. As SEA would like as many al.—Corporate Family Reorganization preparing the Final EIS, and the Final persons as possible to participate and Exemption—Western Illinois Railway EIS will respond to all timely given that there will be a limited Company, STB Finance Docket No. substantive comments. When amount of time at each meeting, all 34283, for PBRH to continue in control 3 submitting comments on the Draft EIS, speakers are strongly encouraged to of WIRC when it becomes a rail carrier. please be as specific as possible and prepare summary oral comments, and If the notice contains false or substantiate your concerns and submit detailed comments in writing. misleading information, the exemption is void ab initio. Petitions to revoke the recommendations. Please mail written SEA also encourages groups of exemption under 49 U.S.C. 10502(d) comments to: Surface Transportation individuals with similar comments to may be filed at any time. The filing of Board, 1925 K Street, NW., Washington, designate a representative to speak for a petition to revoke will not DC 20423–0001. them. A translator will be available at To ensure proper handling of your automatically stay the transaction. both meetings for Spanish-speakers comments, please mark your An original and 10 copies of all wishing to speak. submission: Attention: Dana White, pleadings, referring to STB Finance Section of Environmental Analysis, FOR FURTHER INFORMATION CONTACT: Ms. Docket No. 34282, must be filed with Environmental Filing FD No. 34079. Dana White, Section of Environmental the Surface Transportation Board, 1925 Due to delays in the delivery of mail Analysis, Surface Transportation Board, K Street, NW., Washington, DC 20423– currently being experienced by Federal 1925 K Street, NW., Washington, DC 0001. In addition, a copy of each agencies in Washington, DC, SEA 20423–0001, or SEA’s toll-free number pleading must be served on Louis E. encourages that comments be faxed to for this project at 1–888–229–7857 (TDD Gitomer, Ball Janik LLP, 1455 F Street, 1–866–293–4979. Faxed comments will for the hearing impaired 1–800–877– NW., Suite 225, Washington, DC 20005. be given the same weight as mailed 8339). The website for the Surface comments; therefore, persons Transportation Board is http:// 1 In SF&L Railway, Inc.—Acquisition and submitting comments by fax do not have www.stb.dot.gov. Operation Exemption—Toledo, Peoria and Western Railway Corporation Between La Harpe and Peoria, to also send comments by mail. Further By the Board, Victoria J. Rutson, Chief, IL, STB Finance Docket No. 33995 et al. (STB information about the project can be Section of Environmental Analysis. served Oct. 17, 2002), the Board ordered SF&L obtained by calling SEA’s toll-free Vernon A. Williams, Railway, Inc. (SF&L), to reconvey to TP&W the number at 1–888–229–7857 (TDD for operating easement over, and the rail, ties and Secretary. certain improvements on the 71.5-mile rail line the hearing impaired 1–800–877–8339). [FR Doc. 02–32078 Filed 12–19–02; 8:45 am] acquired under the class exemption in that As stated in our December 6, 2002 proceeding that was served and published in the BILLING CODE 4915–00–P Notice of Availability, and in the Draft Federal Register at 66 FR 9411 on February 7, 2001. EIS, SEA will host two public meetings A petition for reconsideration was filed by SF&L on on the Draft EIS in January 2003. At December 13, 2002. DEPARTMENT OF TRANSPORTATION 2 On September 3, 2002, SF&L filed a petition for each meeting, SEA will give a brief exemption to abandon the La Harpe Line. See SF&L presentation and interested parties will Surface Transportation Board Railway, Inc.—Abandonment Exemption—in be invited to make oral comments. SEA Hancock, McDonough, Fulton, and Peoria Counties, [STB Finance Docket No. 34282] IL, STB Docket No. AB–448 (Sub-No. 2X) (STB will have a transcriber present to record served Sept. 23, 2002). Notice was served and the oral comments in either English or Western Illinois Railway Company— published in the Federal Register at 67 FR 59596 Spanish. Written comments may also be Acquisition Exemption—Toledo, on September 23, 2002. TP&W, on October 30, submitted at the meetings. Meetings will 2002, filed a motion for permission to substitute for Peoria & Western Railway Corporation SF&L in STB Docket No. AB–448 (Sub-No. 2X). A be held at the following locations, dates, decision on the motion will be issued in the near and times: Pasadena Convention Center, The Western Illinois Railway future. 7902 Fairmont Parkway, Pasadena, TX, Company (WIRC), a noncarrier, filed a 3 On November 26, 2002, RailAmerica, PBRH, and January 14, 2003, 7–9 pm, Cesar E. notice of exemption under 49 CFR WIRC jointly filed a motion to dismiss both the acquisition in this case and the continuance in Chavez High School, 8501 Howard 1150.31 to acquire from the Toledo, control in STB Finance Docket No. 34283 for lack Drive, Houston, TX, January 15, 2003, Peoria & Western Railway Corporation of Board jurisdiction. The motion will be handled 7–9 pm. Both meetings will follow the (TP&W) the rail, ties, and certain in a separate decision.
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Board decisions and notices are are to respond, including through the Issued in Washington, DC, on December available on our Web site at use of appropriate automated, 16, 2002. WWW.STB.DOT.GOV. electronic, mechanical, or other Susan T. Tracey, Decided: December 16, 2002. technological collection techniques or Deputy Chief Administrative Officer. By the Board, David M. Konschnik, other forms of information technology. [FR Doc. 02–32139 Filed 12–19–02; 8:45 am] Director, Office of Proceedings. 1. 2110–0005; Indirect Air Carrier BILLING CODE 4910–62–P Vernon A. Williams, Security. Section 44903(b) of Title 49 Secretary. U.S.C. directed the Federal Aviation DEPARTMENT OF VETERANS [FR Doc. 02–32077 Filed 12–19–02; 8:45 am] Administration (FAA) to prescribe AFFAIRS BILLING CODE 4915–00–P regulations (14 CFR part 109), to protect passengers and property on an aircraft [OMB Control No. 2900–0051] operating in air transportation or DEPARTMENT OF TRANSPORTATION intrastate air transportation against acts Proposed Information Collection Activity: Proposed Collection; of criminal violence and aircraft piracy, Transportation Security Administration Comment Request and the public interest in the promotion Notice of Intent to Request Renewal of air transportation and intrastate air AGENCY: Veterans Benefits From the Office of Management and transportation. On November 19, 2001, Administration, Department of Veterans Budget (OMB) of Two Current Public the Aviation and Transportation Affairs. Collections of Information Security Act, Public Law 107–71, ACTION: Notice. transferred this responsibility to TSA. SUMMARY: AGENCY: Transportation Security These standards were developed and The Veterans Benefits Administration (VBA), Department of Administration (TSA), DOT. implemented in 49 CFR part 1548. With ACTION: Notice. Veterans Affairs (VA), is announcing an the transfer of these responsibilities to opportunity for public comment on the SUMMARY: TSA invites public comment TSA, the corresponding collection of proposed collection of certain on two currently approved information information was also transferred from information by the agency. Under the collection requirements abstracted FAA to TSA. The previous OMB Paperwork Reduction Act (PRA) of below that will be submitted to OMB for clearance number for FAA was OMB 1995, Federal agencies are required to renewal in compliance with the 2120–0505. The TSA number is now publish notice in the Federal Register Paperwork Reduction Act. OMB 2110–0005. The current estimated concerning each proposed collection of DATES: Send your comments by annual reporting burden is 664 hours. information, including each proposed February 18, 2003. 2. 2110–0010; Explosives Detection extension of a currently approved ADDRESSES: Comments may be mailed System Certification Testing. Section collection and allow 60 days for public or delivered to A. Lawan Jackson, Office 108 of the Aviation Security comment in response to the notice. This of Finance and Administration, Office of Improvement Act of 1990, Public Law notice solicits comments on the Records Management, TSA-14, Room 101–604, provides in pertinent part that information needed to accurately 4616, Transportation Security no deployment or purchase of any reimburse State Approving Agencies Administration, 400 Seventh Street, explosive detection equipment pursuant (SAA) for expenses incurred in the SW., Washington, DC 20590–0001. to sections 108.7(b)(8) and 108.20 of approval and supervision of education and training programs. FOR FURTHER INFORMATION CONTACT: A. Title 14, Code of Federal Regulations, or Lawan Jackson at the above address or any similar rule, shall be required after DATES: Written comments and by telephone (202) 385–1644; facsimile the date of the enactment of this section, recommendations on the proposed collection of information should be (202) 493–1731; e-mail unless the FAA Administrator certifies received on or before February 18, 2003. [email protected]. that, based on the results of tests ADDRESSES: Submit written comments SUPPLEMENTARY INFORMATION: In conducted pursuant to protocols on the collection of information to accordance with the Paperwork developed in consultation with expert Nancy J. Kessinger, Veterans Benefits Reduction Act of 1995, (44 U.S.C. 3501 scientists from outside the FAA such Administration (20S52), Department of et seq.), an agency may not conduct or equipment alone or as part of an Veterans Affairs, 810 Vermont Avenue, sponsor, and a person is not required to integrated system can detect under NW., Washington, DC 20420 or e-mail: respond to a collection of information, realistic air carrier operating conditions [email protected]. Please refer to unless it displays a valid OMB control the amounts, configurations, and types ‘‘OMB Control No. 2900–0051’’ in any number. Therefore, in preparation for of explosive material, which would be correspondence. submission to renew clearance of the likely to be used to cause catastrophic FOR FURTHER INFORMATION CONTACT: following information collections, TSA damage to commercial aircraft. On Nancy J. Kessinger at (202) 273–7079 or solicits comments in order to— November 19, 2001, the Aviation and FAX (202) 275–5947. (1) evaluate whether the proposed Transportation Security Act, Public Law SUPPLEMENTARY INFORMATION: Under the information requirement is necessary for 107–71, transferred this responsibility to the proper performance of the functions PRA of 1995 (Pub. L. 104–13; 44 U.S.C., TSA. With the transfer of this of the agency, including whether the 3501–3520), Federal agencies must responsibility to TSA, the information will have practical utility; obtain approval from the Office of (2) evaluate the accuracy of the corresponding collection of information Management and Budget (OMB) for each agency’s estimate of the burden; was also transferred from FAA to TSA. collection of information they conduct (3) enhance the quality, utility, and The previous OMB clearance number or sponsor. This request for comment is clarity of the information to be for FAA was OMB 2120–0577. The TSA being made pursuant to Section collected; and number is now OMB 2110–0010. The 3506(c)(2)(A) of the PRA. (4) minimize the burden of the current estimated annual reporting With respect to the following collection of information on those who burden is 775 hours. collection of information, VBA invites
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comments on: (1) Whether the proposed SUMMARY: The Veterans Benefits Type of Review: Extension of a collection of information is necessary Administration (VBA), Department of currently approved collection. for the proper performance of VBA’s Veterans Affairs (VA), is announcing an Abstract: Title 38, U.S.C., Section functions, including whether the opportunity for public comment on the 3713(a) provides that when a veteran information will have practical utility; proposed collection of certain disposes of his or her interest in the (2) the accuracy of VBA’s estimate of the information by the agency. Under the property securing the loan, VA may, burden of the proposed collection of Paperwork Reduction Act (PRA) of upon request, release the original information; (3) ways to enhance the 1995, Federal agencies are required to veteran-borrower from personal liability quality, utility, and clarity of the publish notice in the Federal Register to the Government only if three information to be collected; and (4) concerning each proposed collection of requirements are fulfilled. First, the loan ways to minimize the burden of the information, including each proposed must be current. Second, the purchaser collection of information on extension of a currently approved must assume all of the veteran’s liability respondents, including through the use collection, and allow 60 days for public to the Government and the mortgage of automated collection techniques or comment in response to the notice. This holder on the guaranteed loan. Third, the use of other forms of information notice solicits comments for information the purchaser must qualify from a credit technology. in determining a release of liability and and income standpoint, to the same Title: Quarterly Report of State substitution of entitlement of veteran- extent as if he or she were a veteran Approving Agency Activities, VA Form sellers to the Government on GI or applying for a VA-guaranteed loan in 22–7398. direct loans. the same amount as the loan being OMB Control Number: 2900–0051. DATES: Written comments and assumed. Veterans who are selling their Type of Review: Extension of a recommendations on the proposed homes by assumption rather than currently approved collection. requiring purchasers to obtain their own Abstract: VA has the authority to collection of information should be received on or before February 18, 2003. financing to pay off the loan must reimburse SAAs for necessary salary, complete this form. The information ADDRESSES: Submit written comments and fringe and travel expenses incurred furnished is essential to determinations on the collection of information to in the approval and supervision of for assumption approval, release of Nancy J. Kessinger, Veterans Benefits education and training programs. VA liability, and substitution of entitlement. Administration (20S52), Department of makes the reimbursement Affected Public: Individuals or Veterans Affairs, 810 Vermont Avenue, retrospectively on a monthly or households, business or other for profit. NW., Washington, DC 20420 or quarterly basis after receiving an Estimated Annual Burden: 596 hours. mailto:[email protected]. Please itemized invoice from SAA supported Estimated Average Burden Per refer to ‘‘OMB Control No. 2900–0110’’ by visit reports and program documents. Respondent: 10 minutes. in any correspondence. VA Form 22–7398 serves as the form for Frequency of Response: On occasion. SAAs to request reimbursement. The FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: information is used to ensure that the Nancy J. Kessinger at (202) 273–7079 or 3,575. reimbursements are proper and FAX (202) 275–5947. accurate. Without the report, VA would Dated: December 10, 2002. SUPPLEMENTARY INFORMATION: Under the By direction of the Secretary. have no means to compare the PRA of 1995 (Pub. L. 104–13; 44 U.S.C., efficiency and effectiveness of SAAs. Ernesto Castro, 3501–3520), Federal agencies must Director, Records Management Service. Affected Public: State, Local or Tribal obtain approval from the Office of [FR Doc. 02–32092 Filed 12–19–02; 8:45 am] Governments, and Federal Government. Management and Budget (OMB) for each Estimated Annual Burden: 228 hours. BILLING CODE 8320–01–P Estimated Average Burden Per collection of information they conduct Respondent: 60 minutes. or sponsor. This request for comment is Frequency of Response: Quarterly. being made pursuant to Section DEPARTMENT OF VETERANS Estimate Annual Reponses: 228. 3506(c)(2)(A) of the PRA. AFFAIRS Estimated Number of Respondents: With respect to the following 57. collection of information, VBA invites [OMB Control No. 2900–0262] comments on: (1) Whether the proposed Dated: December 10, 2002. Proposed Information Collection collection of information is necessary By direction of the Secretary. Activity: Proposed Collection; for the proper performance of VBA’s Comment Request Ernesto Castro, functions, including whether the Director, Records Management Service. information will have practical utility; AGENCY: Veterans Benefits [FR Doc. 02–32091 Filed 12–19–02; 8:45 am] (2) the accuracy of VBA’s estimate of the Administration, Department of Veterans BILLING CODE 8320–01–P burden of the proposed collection of Affair. information; (3) ways to enhance the ACTION: Notice. quality, utility, and clarity of the DEPARTMENT OF VETERANS information to be collected; and (4) SUMMARY: The Veterans Benefits AFFAIRS ways to minimize the burden of the Administration (VBA), Department of [OMB Control No. 2900–0110] collection of information on Veterans Affairs (VA), is announcing an respondents, including through the use opportunity for public comment on the Proposed Information Collection of automated collection techniques or proposed collection of certain Activity: Proposed Collection; the use of other forms of information information by the agency. Under the Comment Request technology. Paperwork Reduction Act (PRA) of AGENCY: Veterans Benefits Title: Application for Assumption 1995, Federal agencies are required to Administration, Department of Veterans Approval and/or Release from Personal publish notice in the Federal Register Affairs. Liability to the Government on a Home concerning each proposed collection of Loan, VA Form 26–6381. information, including each proposed ACTION: Notice. OMB Control Number: 2900–0110. extension of a currently approved
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collection, and allow 60 days for public respondents, including through the use ACTION: Notice of government owned comment in response to the notice. This of automated collection techniques or invention available for licensing. notice solicits comments for information the use of other forms of information needed to identify persons authorized to technology. SUMMARY: The invention listed below is certify reports on behalf of an Title: Designation of Certifying owned by the U.S. Government as educational institution or job training Official(s), VA Form 22–8794. represented by the Department of establishment. OMB Control Number: 2900–0262. Type of Review: Extension of a Veterans Affairs, and is available for DATES: Written comments and currently approved collection. licensing in accordance with 35 U.S.C. recommendations on the proposed Abstract: The law requires specific 207 and 37 CFR part 404 to achieve collection of information should be certifications from an educational expeditious commercialization of received on or before February 18, 2003. institution or job training establishment results of federally funded research and ADDRESSES: Submit written comments that provides approved training for development. Foreign patents are filed on the collection of information to veterans and other eligible persons. VA on selected inventions to extend market Nancy J. Kessinger, Veterans Benefits Form 22–8794 serves as the report from coverage for U.S. companies and may Administration (20S52), Department of the school or job training establishment also be available for licensing. Veterans Affairs, 810 Vermont Avenue, as to those persons authorized to submit FOR FURTHER INFORMATION CONTACT: NW., Washington, DC 20420 or e-mail: these certifications. The information is [email protected]. Please refer to used to ensure that educational benefits Technical and licensing information on ‘‘OMB Control No. 2900–0262’’ in any are not made improperly based on a the invention may be obtained by correspondence. report from someone other than a writing to: Mindy Aisen, MD, Department of Veterans Affairs, Director FOR FURTHER INFORMATION CONTACT: designated certifying official. Technology Transfer Program, Research Nancy J. Kessinger at (202) 273–7079 or Affected Public: State, Local or Tribal FAX (202) 275–5947. Government, business or other for- and Development Office, 810 Vermont profit, and not for-profit institutions. Avenue NW, Washington, DC 20420; SUPPLEMENTARY INFORMATION: Under the Estimated Annual Burden: 333 hours. fax: 202–275–7228; e-mail at PRA of 1995 (Pub. L. 104–13; 44 U.S.C., Estimated Average Burden Per [email protected]. Any request 3501—3520), Federal agencies must Respondent: 10 minutes. obtain approval from the Office of for information should include the Frequency of Response: On occasion. Number and Title for the relevant Management and Budget (OMB) for each Estimated Number of Respondents: invention as indicated below. Issued collection of information they conduct 2,000. patents may be obtained from the or sponsor. This request for comment is Dated: December 10, 2002. being made pursuant to Section Commissioner of Patents, U.S. Patent By direction of the Secretary. 3506(c)(2)(A) of the PRA. and Trademark Office, Washington, DC With respect to the following Ernesto Castro, 20231. collection of information, VBA invites Director, Records Management Service. SUPPLEMENTARY INFORMATION: The comments on: (1) Whether the proposed [FR Doc. 02–32093 Filed 12–19–02; 8:45 am] invention available for licensing is: 10/ collection of information is necessary BILLING CODE 8320–01–P 230,393 ‘‘Microstimulator Neural for the proper performance of VBA’s Prosthesis’’. functions, including whether the information will have practical utility; DEPARTMENT OF VETERANS Dated: December 13, 2002. AFFAIRS (2) the accuracy of VBA’s estimate of the Anthony J. Principi, burden of the proposed collection of Research and Development Office; Secretary, Department of Veterans Affairs. information; (3) ways to enhance the Government Owned Invention [FR Doc. 02–32090 Filed 12–19–02; 8:45 am] quality, utility, and clarity of the Available for Licensing information to be collected; and (4) BILLING CODE 8320–01–P ways to minimize the burden of the AGENCY: Research and Development collection of information on Office, Department of Veterans Affairs.
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Corrections Federal Register Vol. 67, No. 245
Friday, December 20, 2002
This section of the FEDERAL REGISTER 1. On page 76730, in the first column, DEPARTMENT OF LABOR contains editorial corrections of previously in section (b)3., ‘‘Armburuster’’ should published Presidential, Rule, Proposed Rule, read ‘‘Armbruster’’. Mine Safety and Health Administration and Notice documents. These corrections are 2. On the same page, in the second prepared by the Office of the Federal 30 CFR Part 75 Register. Agency prepared corrections are column, in section (b)21., ‘‘Judity’’ issued as signed documents and appear in should read ‘‘Judith’’. RIN 1219–AB33 the appropriate document categories 3. On the same page, in the same elsewhere in the issue. Emergency Evacuations; Emergency cloumn, in section (b)30., ‘‘Kelley’’ Temporary Standard should read ‘‘Kelly’’. Correction DEPARTMENT OF DEFENSE [FR Doc. C2–31454 Filed 12–19–02; 8:45 am] BILLING CODE 1505–01–D In rule document 02–31358 beginning Department of the Army on page 76658 in the issue of Thursday, December 12, 2002 make the following Performance Review Boards correction: Membership §75.1502 [Corrected] Correction On page 76665, in the third column, in §75.1502, in paragraph (c)(2), in the In notice document 02–31454 sixth line, ‘‘(a)(1)’’ should read, ‘‘(a)(1) beginning on page 76729 in the issue of through (4)’’. Friday, December 13, 2002, make the following corrections: [FR Doc. C2–31358 Filed 12–19–02; 8:45 am] BILLING CODE 1505–01–D
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Part II
Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants; Proposed Rule
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ENVIRONMENTAL PROTECTION cause adverse health effects such as facility complex in Research Triangle AGENCY cancer; irritation of the lung, skin, and Park, NC. mucus membranes; effects on the FOR FURTHER INFORMATION CONTACT: 40 CFR Part 63 central nervous system; and kidney damage. The proposed standards would General and technical information. [Docket ID No. OAR–2002–0052; Joseph P. Wood, P.E., Minerals and FRL–7418–1] require all major sources subject to the rule to meet HAP emission standards Inorganic Chemicals Group, Emissions RIN 2060–AG72 reflecting the application of maximum Standards Division (C504–05), U.S. achievable control technology (MACT). EPA, Research Triangle Park, North National Emission Standards for Implementation of the standards as Carolina 27711, telephone number (919) Hazardous Air Pollutants for Lime proposed would reduce non-volatile 541–5446, electronic mail (e-mail) Manufacturing Plants metal HAP emissions from the lime address [email protected]. AGENCY: Environmental Protection manufacturing industry source category Methods, sampling, and monitoring Agency (EPA). by approximately 21 megagrams per information. Michael Toney, Source year (Mg/yr) (23 tons per year (tons/yr)) ACTION: Proposed rule. Measurement Technology Group, and would reduce emissions of Emission Monitoring and Analysis SUMMARY: This action proposes national particulate matter (PM) by 14,000 Mg/yr Division (D205–02), U.S. EPA, Research emission standards for hazardous air (16,000 tons/yr). Triangle Park, North Carolina 27711, pollutants (NESHAP) for the lime DATES: Comments. Submit comments on telephone number (919) 541–5247, manufacturing source category. The or before February 18, 2003. e-mail address [email protected]. lime manufacturing emission units Public Hearing. If anyone contacts the Economic impacts analysis. Eric regulated would include lime kilns, EPA requesting to speak at a public Crump, Innovative Strategies and lime coolers, and various types of hearing by January 9, 2003, a public Economics Group, Air Quality Strategies hearing will be held on January 21, materials processing operations (MPO). and Standards Division (C339–01), U.S. 2003. The EPA has identified the lime EPA, Research Triangle Park, North manufacturing industry as a major ADDRESSES: Comments. Comments may Carolina 27711, telephone number (919) source of hazardous air pollutant (HAP) be submitted electronically, by mail, by 541–4719, e-mail address emissions including, but not limited to, facsimile, or through hand delivery/ [email protected]. hydrogen chloride (HCl), antimony, courier. Follow the detailed instructions arsenic, beryllium, cadmium, as provided in the SUPPLEMENTARY SUPPLEMENTARY INFORMATION: Regulated chromium, lead, manganese, mercury, INFORMATION section. Entities. Categories and entities nickel, and selenium. Exposure to these Public Hearing. If a public hearing is potentially regulated by this action substances has been demonstrated to held, it will be held at the new EPA include:
Category NAICS Examples of regulated entities
32741 ...... Commercial lime manufacturing plants. 33111 ...... Captive lime manufacturing plants at iron and steel mills. 3314 ...... Captive lime manufacturing plants at nonferrous metal production facilities. 327125 ..... Producers of dead-burned dolomite (Non-clay refractory manufacturing).
This table is not intended to be Friday, excluding legal holidays. The business information (CBI) and other exhaustive, but rather provides a guide telephone number for the Reading Room information whose disclosure is for readers regarding entities likely to be is (202) 566–1744, and the telephone restricted by statute, which is not regulated by this action. To determine number for the Air Docket is (202) 566– included in the official public docket, whether your facility is regulated by this 1742. will not be available for public viewing action, you should examine the Electronic Access. You may access in EPA’s electronic public docket. EPA’s applicability criteria in § 63.7081 of the this Federal Register document policy is that copyrighted material will proposed rule. If you have any questions electronically through the EPA Internet not be placed in EPA’s electronic public regarding the applicability of this action under the Federal Register listings at docket but will be available only in to a particular entity, consult the http://www.epa.gov/fedrgstr/. An printed, paper form in the official public technical contact person listed in the electronic version of the public docket docket. Although not all docket preceding FOR FURTHER INFORMATION is available through EPA’s electronic materials may be available CONTACT section. public docket and comment system, electronically, you may still access any Docket. The EPA has established an EPA Dockets. You may use EPA Dockets of the publicly available docket official public docket for this action at http://www.epa.gov/edocket/ to materials through the docket facility under Docket ID No. OAR–2002–0052. submit or review public comments, identified in this document. The official public docket is the access the index of the contents of the For public commenters, it is collection of materials that is available official public docket, and to access important to note that EPA’s policy is for public viewing at the Air and those documents in the public docket that public comments, whether Radiation Docket and Information that are available electronically. Once in submitted electronically or in paper, Center (Air Docket) in the EPA Docket the system, select ‘‘search,’’ then key in will be made available for public Center, (EPA/DC) EPA West, Room the appropriate docket identification viewing in EPA’s electronic public B102, 1301 Constitution Ave., NW., number. docket as EPA receives them and Washington, DC. The Docket Center Certain types of information will not without change, unless the comment Public Reading Room is open from 8:30 be placed in the EPA dockets. contains copyrighted material, CBI, or a.m. to 4:30 p.m., Monday through Information claimed as confidential other information whose disclosure is
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restricted by statute. When EPA instructions for submitting comments. of the disk or CD ROM as CBI and then identifies a comment containing Once in the system, select ‘‘search’’ and identify electronically within the disk or copyrighted material, EPA will provide then key in Docket ID No. OAR–2002– CD ROM the specific information that is a reference to that material in the 0052. The system is an ‘‘anonymous CBI). Information so marked will not be version of the comment that is placed in access’’ system, which means EPA will disclosed except in accordance with EPA’s electronic public docket. The not know your identity, e-mail address, procedures set forth in 40 CFR part 2. entire printed comment, including the or other contact information unless you Public Hearing. Persons interested in copyrighted material, will be available provide it in the body of your comment. presenting oral testimony or inquiring in the public docket. Comments may be sent by electronic as to whether a hearing is to be held Public comments submitted on mail (e-mail) to [email protected], should contact Mr. Joseph Wood, computer disks that are mailed or Attention Docket ID No. OAR–2002– Minerals and Inorganic Chemicals delivered to the docket will be 0052. In contrast to EPA’s electronic Group, Emission Standards Division transferred to EPA’s electronic public public docket, EPA’s e-mail system is (C504–05), Research Triangle Park, NC docket. Public comments that are not an ‘‘anonymous access’’ system. If 27711, telephone number (919) 541– mailed or delivered to the docket will be you send an e-mail comment directly to 5446, at least 2 days in advance of the scanned and placed in EPA’s electronic the Docket without going through EPA’s public hearing. Persons interested in public docket. Where practical, physical electronic public docket, EPA’s e-mail attending the public hearing must also objects will be photographed, and the system automatically captures your call Mr. Joseph Wood to verify the time, photograph will be placed in EPA’s e-mail address. E-mail addresses that are date, and location of the hearing. The electronic public docket along with a automatically captured by EPA’s e-mail public hearing will provide interested brief description written by the docket system are included as part of the parties the opportunity to present data, staff. comment that is placed in the official Comments. You may submit public docket and made available in views, or arguments concerning these comments electronically, by mail, by EPA’s electronic public docket. proposed emission standards. facsimile, or through hand delivery/ You may submit comments on a disk Worldwide Web (WWW). In addition courier. To ensure proper receipt by or CD ROM that you mail to the mailing to being available in the docket, an EPA, identify the appropriate docket address identified in this document. electronic copy of today’s proposal will identification number in the subject line These electronic submissions will be also be available on the WWW through on the first page of your comment. accepted in Wordperfect or ASCII file the Technology Transfer Network Please ensure that your comments are format. Avoid the use of special (TTN). Following signature, a copy of submitted within the specified comment characters and any form of encryption. this action will be posted on the TTN’s period. Comments submitted after the Comments Submitted By Mail. Send policy and guidance page for newly close of the comment period will be your comments (in duplicate, if proposed rules at http://www.epa.gov/ marked ‘‘late.’’ EPA is not required to possible) to: Lime Manufacturing ttn/oarpg. The TTN provides consider these late comments. NESHAP Docket, EPA Docket Center information and technology exchange in Comments Submitted Electronically. (Air Docket), U.S. EPA West, Mail Code various areas of air pollution control. If If you submit an electronic comment as 6102T, Room B108, 1200 Pennsylvania more information regarding the TTN is prescribed below, EPA recommends that Avenue, NW., Washington, DC 20460, needed, call the TTN HELP line at (919) you include your name, mailing Attention Docket ID No. OAR–2002– 541–5384. address, and an e-mail address or other 0052. Outline. The information presented in contact information in the body of your Comments Submitted By Hand this preamble is organized as follows: comment. Also include this contact Delivery or Courier. Deliver your information on the outside of any disk comments (in duplicate, if possible) to: I. Introduction or CD ROM you submit and in any cover EPA Docket Center, U.S. EPA West, A. What Is the Purpose of the Proposed letter accompanying the disk or CD Mail Code 6102T, Room B108, 1301 Rule? B. What Is the Source of Authority for ROM. This ensures that you can be Constitution Avenue, NW., Washington, Development of NESHAP? identified as the submitter of the DC 20004, Attention Docket ID No. C. What Criteria Are Used in the comment and allows EPA to contact you OAR–2002–0052. Such deliveries are Development of NESHAP? in case EPA cannot read your comment only accepted during the Docket D. How Was the Proposed Rule Developed? due to technical difficulties or needs Center’s normal hours of operation as E. What Are the Health Effects of the HAP further information on the substance of identified in this document. Emitted From the Lime Manufacturing your comment. EPA’s policy is that EPA Comments Submitted By Facsimile. Industry? will not edit your comment, and any Fax your comments to: (202) 566–1741, F. What Are Some Lime Manufacturing identifying or contact information Attention Lime Manufacturing NESHAP Industry Characteristics? G. What Are the Processes and Their provided in the body of a comment will Docket, Docket ID No. OAR–2002–0052. Emissions at a Lime Manufacturing be included as part of the comment that CBI. Do not submit information that Plant? is placed in the official public docket you consider to be CBI through EPA’s II. Summary of Proposed Rule and made available in EPA’s electronic electronic public docket or by e-mail. A. What Lime Manufacturing Plants Are public docket. If EPA cannot read your Send or deliver information identified Subject to the Proposed Rule? comment due to technical difficulties as CBI only to the following address: B. What Emission Units at a Lime and cannot contact you for clarification, OAQPS Document Control Officer Manufacturing Plant Are Included Under EPA may not be able to consider your (C404–02), U.S. EPA, 109 TW Alexander the Definition of Affected Source? comment. Drive, Research Triangle Park, NC C. What Pollutants Are Regulated By the Your use of EPA’s electronic public 27709, Attention Joseph Wood, Docket Proposed Rule? D. What Are the Emission Limits and docket to submit comments to EPA ID No. OAR–2002–0052. You may claim Operating Limits? electronically is EPA’s preferred method information that you submit to EPA as E. When Must I Comply With the Proposed for receiving comments. Go directly to CBI by marking any part or all of that Rule? EPA Dockets at http://www.epa.gov/ information as CBI (if you submit CBI F. How Do I Demonstrate Initial edocket and follow the online on disk or CD ROM, mark the outside Compliance With the Proposed Rule?
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G. How Do I Continuously or Periodically Lime Manufacturing category of major United States Geological Survey) and Demonstrate Compliance with the sources covered by today’s proposed emission control and emissions Proposed Rule? NESHAP was listed on July 16, 1992 (57 measurement device vendors in H. How Do I Determine if My Lime FR 31576). Major sources of HAP are Manufacturing Plant Is a Major Source developing the proposed rule. We also and Thus Subject to the Proposed Rule? those that have the potential to emit conducted an extensive emissions test III. Rationale for Proposed Rule greater than 10 tons/yr of any one HAP program. Industry representatives A. How Did We Determine the Source or 25 tons/yr of any combination of provided emissions test data, arranged Category to Regulate? HAP. site surveys of lime manufacturing B. How Did We Determine the Affected plants, participated in the emissions test Source? C. What Criteria Are Used in the C. How Did We Determine Which Development of NESHAP? program, reviewed draft questionnaires, Pollutants to Regulate? Section 112 of the CAA requires that provided information about their D. How Did We Determine the MACT Floor we establish NESHAP for the control of manufacturing processes and air for Emission Units at Existing Lime HAP from both new and existing major pollution control technologies, and Manufacturing Plants? sources. The CAA requires the NESHAP identified technical and regulatory E. How Did We Determine the MACT Floor issues. State representatives provided For Emission Units at New Lime to reflect the maximum degree of Manufacturing Plants? reduction in emissions of HAP that is existing emissions test data, copies of F. What Control Options Beyond the achievable. This level of control is permits and other information. MACT Floor Did We Consider? commonly referred to as the maximum E. What Are the Health Effects of the G. How Did We Select the Format of the achievable control technology (MACT). HAP Emitted From the Lime Proposed Rule? The MACT floor is the minimum Manufacturing Industry? H. How Did We Select the Test Methods control level allowed for NESHAP and and Monitoring Requirements for is defined under section 112(d)(3) of the Determining Compliance With This The HAP emitted by lime Proposed Rule? CAA. In essence, the MACT floor manufacturing facilities include, but are IV. Summary of Environmental, Energy and ensures that the standard is set at a level not limited to, HCl, antimony, arsenic, Economic Impacts that assures that all major sources beryllium, cadmium, chromium, lead, A. How Many Facilities Are Subject To the achieve the level of control at least as manganese, mercury, nickel, and Proposed Rule? stringent as that already achieved by the selenium. Exposure to these compounds B. What Are the Air Quality Impacts? better-controlled and lower-emitting has been demonstrated to cause adverse C. What Are the Water Impacts? sources in each source category or D. What Are the Solid Waste Impacts? health effects when present in subcategory. For new sources, the concentrations higher than those E. What Are the Energy Impacts? MACT floor cannot be less stringent typically found in ambient air. F. What Are the Cost Impacts? than the emission control that is G. What Are the Economic Impacts? achieved in practice by the best- We do not have the type of current V. Administrative Requirements controlled similar source. The MACT detailed data on each of the facilities A. Executive Order 12866, Regulatory standards for existing sources can be that would be covered by the proposed Planning and Review less stringent than standards for new NESHAP, and the people living around B. Executive Order 13132, Federalism sources, but they cannot be less the facilities, that would be necessary to C. Executive Order 13084, Consultation conduct an analysis to determine the and Coordination with Indian Tribal stringent than the average emission Governments limitation achieved by the best- actual population exposures to the HAP D. Executive Order 13045, Protection of performing 12 percent of existing emitted from these facilities and the Children from Environmental Health sources in the category or subcategory potential for resultant health effects. Risks and Safety Risks (or the best-performing 5 sources for Therefore, we do not know the extent to E. Unfunded Mandates Reform Act of 1995 categories or subcategories with fewer which the adverse health effects F. Regulatory Flexibility Act (RFA), as than 30 sources). described below occur in the Amended by the Small Business In developing MACT, we also populations surrounding these facilities. Regulatory Enforcement Fairness Act consider control options that are more (SBREFA) of 1996, 5 U.S.C. 601 et seq. However, to the extent the adverse G. Paperwork Reduction Act stringent than the floor. We may effects do occur, the proposed rule H. National Technology Transfer and establish standards more stringent than would reduce emissions and subsequent Advancement Act of 1995 the floor based on the consideration of exposures. We also note one exception I. Executive Order 13211, Actions cost of achieving the emissions to this statement, namely that human Concerning Regulations That reductions, any health and exposures to ambient levels of HCl Significantly Affect Energy Supply, environmental impacts, and energy resulting from lime manufacturing Distribution or Use requirements. facilities’ emissions were estimated by I. Introduction D. How Was the Proposed Rule industry as part of the risk assessment A. What Is the Purpose of the Proposed Developed? they conducted for purposes of Rule? We used several resources to develop demonstrating, pursuant to section the proposed rule, including 112(d)(4) of the CAA, that HCl The purpose of the proposed rule is emissions from lime kilns are below the to protect the public health by reducing questionnaire responses from industry, emissions test data, site surveys of lime threshold level of adverse effects, with emissions of HAP from lime an ample margin of safety. manufacturing plants. manufacturing facilities, operating and new source review permits, and permit The HAP that would be controlled B. What Is the Source of Authority for applications. We researched the relevant with the proposed rule are associated Development of NESHAP? technical literature and existing State with a variety of adverse health effects, Section 112 of the CAA requires us to and Federal regulations and consulted including chronic health disorders (e.g., list categories and subcategories of and met with representatives of the lime irritation of the lung, skin, and mucus major sources and area sources of HAP manufacturing industry, State and local membranes; effects on the central and to establish NESHAP for the listed representatives of air pollution agencies, nervous system; cancer; and damage to source categories and subcategories. The Federal agency representatives (e.g., the kidneys), and acute health disorders
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(e.g., lung irritation and congestion, further in this preamble, additional II. Summary of Proposed Rule alimentary effects such as nausea and energy efficiency is obtained by routing A. What Lime Manufacturing Plants Are vomiting, and effects on the kidney and exhaust from the lime cooler to the kiln, Subject to the Proposed Rule? central nervous system). We have a common practice. Emissions from classified three of the HAP—arsenic, lime kilns include, but are not limited The proposed rule would regulate chromium, and nickel—as human to, metallic HAP, HCl, PM, sulfur HAP emissions from all new and carcinogens and three others— dioxide, nitrogen oxides, and carbon existing lime manufacturing plants that beryllium, cadmium, and lead—as dioxide. These emissions predominately are major sources, co-located with major probable human carcinogens. originate from compounds in the sources, or are part of major sources. limestone feed material and fuels (e.g., However, lime manufacturing plants F. What Are Some Lime Manufacturing located at pulp and paper mills or at metals, sulfur, chlorine) and are formed Industry Characteristics? beet sugar factories would not be subject from the combustion of fuels and the There are approximately 70 to the proposed rule. Other captive lime heating of feed material in the kiln. commercial and 40 captive lime manufacturing plants, such as (but not manufacturing plants in the U.S., not All types of kilns use external limited to) those at steel mills and including captive lime manufacturing equipment to cool the lime product, magnesia production facilities, would operations at pulp and paper production except vertical (including double-shaft) be subject to the proposed rule. We facilities. About 30 of the captive plants kilns, where the cooling zone is part of define a lime manufacturing plant as in the U.S. produce lime that is used in the kiln. Ambient air is most often used any plant which uses a lime kiln to the beet sugar manufacturing process, to cool the lime (although a few use produce lime product from limestone or but captive lime manufacturing plants water as the heat transfer medium), and other calcareous material by calcination. are also found at steel, other metals, and typically all of the heated air stream Lime product means the product of the magnesia production facilities. Lime is exiting the cooler goes to the kiln to be lime kiln calcination process including produced in about 35 States and Puerto used as combustion air for the kiln. The calcitic lime, dolomitic lime, and dead- Rico by about 47 companies, which exception to this is the grate cooler, burned dolomite. include commercial and captive where more airflow is generated than is B. What Emission Units at a Lime producers (except for lime needed for kiln combustion, and Manufacturing Plant Are Included manufacturing plants at pulp and paper consequently a portion (about 40 Under the Definition of Affected production facilities), and those plants percent) of the grate cooler exhaust is Source? which produce lime hydrate only. vented to the atmosphere. We estimate The proposed rule would include the that there are about five to ten kilns in G. What Are the Processes and Their following emission units under the the U.S. that use grate coolers. The Emissions at a Lime Manufacturing definition of affected source: Lime kilns emissions from grate coolers include the Plant? and coolers, and MPO associated with lime dust (PM) and the trace metallic There are many synonyms for lime, limestone feed preparation (beginning the main ones being quicklime and its HAP found in the lime dust. with the raw material storage bin). The chemical name, calcium oxide. High Lime manufacturing plants may also individual types of MPO that would be calcium lime consists primarily of produce hydrated lime (also called included under the definition of calcium oxide, and dolomitic lime calcium hydroxide) from some of the affected source are grinding mills, raw consists of both calcium and magnesium calcium oxide (or dolomitic lime) material storage bins, conveying system oxides. Lime is produced via the produced. Hydrated lime is produced in transfer points, bulk loading or calcination of high calcium limestone a hydrator via the chemical reaction of unloading systems, screening (calcium carbonate) or other highly calcium oxide (or magnesium oxide) operations, bucket elevators, and belt calcareous materials such as aragonite, and water. The hydration process is conveyors—if they follow the raw chalk, coral, marble, and shell; or the exothermic, and part of the water in the material storage bin in the sequence of calcination of dolomitic limestone. reaction chamber is converted to steam. MPO. The MPO associated with lime Calcination occurs in a high A wet scrubber is integrated with the products (such as quicklime and temperature furnace called a kiln, where hydrator to capture the lime (calcium hydrated lime), lime kiln dust handling, lime is produced by heating the oxide and calcium hydroxide) particles quarry or mining operations, and fuels ° limestone to about 2000 F, driving off carried in the gas steam, with the would not be subject to today’s carbon dioxide in the process. Dead- scrubber water recycled back to the proposed rule. The MPO are further burned dolomite is a type of dolomitic hydration chamber. The emissions from distinguished in the proposed rule as lime produced to obtain refractory the hydrator are the PM comprised of follows: (1) Whether their emissions are characteristics in the lime. lime and hydrated lime. vented through a stack, (2) whether their The kiln is the heart of the lime emissions are fugitive emissions, (3) Operations that prepare the feed manufacturing plant, where various whether their emissions are vented fossil fuels (such as coal, petroleum materials and fuels for the kiln and through a stack with some fugitive coke, natural gas, and fuel oil) are process the lime product for shipment emissions from the partial enclosure, combusted to produce the heat needed or further on-site use are found and/or (4) whether the source is for calcination. There are five different throughout a lime manufacturing plant. enclosed in a building. Finally, lime types of kilns: rotary, vertical, double- The equipment includes grinding mills, hydrators would not be included under shaft vertical, rotary hearth, and crushers, storage bins, conveying the definition of affected source under fluidized bed. The most popular is the systems (such as bucket elevator, belt the proposed NESHAP. rotary kiln, but the double-shaft vertical conveyors), bagging systems, bulk kiln is an emerging new kiln technology loading or unloading systems, and C. What Pollutants Are Regulated by the gaining in acceptance because of its screening operations. The emissions Proposed Rule? energy efficiency. Rotary kilns may also from these operations include limestone The proposed rule would establish have preheaters associated with them to and lime dust (PM) and the trace PM emission limits for lime kilns, improve energy efficiency. As discussed metallic HAP found in the dust. coolers, and MPO with stacks.
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Particulate matter would be measured from a vent, and the building’s vent exhaust at or below 15 percent for each solely as a surrogate for the non-volatile emissions must not exceed 0.05 grams 6-minute block period. and semi-volatile metal HAP. PM per dry standard cubic meter and 7 For MPO subject to a PM emission (Particulate matter of course is not itself percent opacity. We are proposing that limit and controlled by a wet scrubber, a HAP, but is a typical and permissible for each fabric filter (FF) that controls you would be required to collect and surrogate for HAP metals. See National emissions from only an individual, record the exhaust gas stream pressure Lime Ass’n v. EPA, 233 F. 3d 625, 637– enclosed storage bin, the opacity drop across the scrubber and the 40 (D.C. Cir., 2000).) The proposed rule emissions must not exceed 7 percent. scrubber liquid flow rate during the PM also would regulate opacity or visible For each set of multiple storage bins performance test. You would be emissions from most of the MPO, with with combined stack emissions, required to maintain the 3-hour rolling opacity also serving as a surrogate for emissions must not exceed 0.05 grams average gas stream pressure drop across non-volatile and semi-volatile HAP PM per dry standard cubic meter and 7 the scrubber and the 3-hour rolling metals. percent opacity. average scrubber liquid flow rate equal to or above the levels for the parameters D. What Are the Emission Limits and 2. Operating Limits that were established during the PM Operating Limits? For lime kilns that use a wet scrubber performance test. 1. Emission Limits PM control device, you would be You would be required to prepare a required to maintain the 3-hour rolling written operations, maintenance, and The PM emission limit for all of the average gas stream pressure drop across kilns and coolers at an existing lime monitoring plan to cover all affected the scrubber and the 3-hour rolling emission units. The plan would include manufacturing plant would be 0.12 average scrubber liquid flow rate equal pounds (lb) PM per ton (0.06 kilogram procedures for proper operation and to or above the levels for the parameters maintenance of each emission unit and (kg) per Mg) of stone feed. The PM that were established during the PM emission limit for all of the kilns and its air pollution control device(s); performance test. procedures for monitoring and proper lime coolers at a new lime For lime kilns that use a FF PM manufacturing plant would be 0.10 lb/ operation of monitoring systems in control device, you would be required order to meet the emission limits and ton of stone feed. These emission limits to maintain and operate the FF such that would apply to the combined emissions operating limits; and standard the bag leak detection system (BLDS) procedures for the use of a BLDS and of all the kilns and coolers (assuming alarm is not activated and alarm PM detector, and any corrective actions the cooler(s) has a separate exhaust vent condition does not exist for more than to be taken when operating limits are to the atmosphere) at the lime 5 percent of the operating time in each deviated from, or when required in manufacturing plant. In other words, the 6-month period. The BLDS must be using a PM detector or BLDS. sum of the PM emission rates from all certified by the manufacturer to be of the kilns and coolers at the existing capable of detecting PM emissions at E. When Must I Comply With the lime manufacturing plant, divided by concentrations of 10 milligrams per Proposed Rule? the sum of the production rates of the actual cubic meter (0.0044 grains per The compliance date for existing lime kilns at the existing lime manufacturing actual cubic foot) or less. manufacturing plants would be [Date 3 plant, would be used to determine For lime kilns that use an electrostatic years from the date a final rule is compliance with the emission limit for precipitator (ESP) PM control device, published in the Federal Register]. kilns and coolers at an existing lime you would be required to maintain the (Three years may be needed to install manufacturing plant. Similarly, the sum 3-hour rolling average current and new, or retrofit existing, air pollution of the PM emission rates from all of the voltage input to each electrical field of control equipment.) The date the final kilns and coolers, divided by the sum of the ESP equal to or above the operating rule is published in the Federal Register the production of the kilns at a new limits for these parameters that were is called the effective date of the rule. plant, would be used to determine established during the PM performance We are proposing that emission units at compliance with the emission limit for test. In lieu of complying with these ESP a new lime manufacturing plant (i.e., kilns and coolers at a new lime operating parameters, we are giving emission units for which construction manufacturing plant. sources the option of monitoring PM or reconstruction commences after Emissions from MPO that are vented levels with a PM detector in a manner today’s date) must be in compliance through a stack would be subject to a similar to the procedures for monitoring upon initial startup or the effective date standard of 0.05 grams PM per dry PM from a FF using a BLDS. You would of the rule, whichever is later. standard cubic meter (g/dscm) and 7 need to maintain and operate the ESP percent opacity. Stack emissions from such that the PM detector alarm is not F. How Do I Demonstrate Initial MPO that are controlled by wet activated, and alarm condition does not Compliance With the Proposed Rule? scrubbers would be subject to the 0.05 exist for more than 5 percent of the 1. Kiln and Coolers grams PM per dry standard cubic meter operating time in each 6-month period. PM limit but not subject to the opacity In lieu of using a bag leak detector, For the kiln and cooler PM emission limit. Fugitive emissions from MPO PM detector, or monitoring ESP limit, we are proposing that you must would be subject to a 10 percent opacity operating parameters for lime kilns with conduct a PM emissions test on the limit. a FF or ESP control device, we are exhaust of each kiln at the lime We are proposing that for each providing the option of monitoring manufacturing plant and measure the building enclosing any materials opacity (as an operating limit) with a stone feed rate to each kiln during the processing operation, each of the continuous opacity monitoring system test. The sum of the emissions from all affected MPO in the building would (COMS). Sources that choose to use a the kilns at the existing lime have to comply individually with the COMS would be required to install and manufacturing plant, divided by the applicable PM and opacity emission operate the COMS in accordance with sum of the average stone feed rates to limitations discussed above. Otherwise, Performance Specification 1 (PS–1), 40 each kiln at the existing lime we propose that there must be no visible CFR part 60, Appendix B, and maintain manufacturing plant, must not exceed emissions from the building, except the opacity level of the lime kiln the emission limit of 0.12 lb PM/ton
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stone feed; similarly, the sum of the G. How Do I Continuously or detector in lieu of monitoring ESP emissions from all the kilns at a new Periodically Demonstrate Compliance parameters or opacity would be required lime manufacturing plant, divided by With the Proposed Rule? to maintain and operate the ESP such the sum of the average stone feed rates 1. General that the PM detector alarm is not to each kiln at the new lime activated, and alarm condition does not manufacturing plant, must not exceed You would be required to install, exist for more than 5 percent of the the emission limit of 0.10 lb PM/ton operate, and maintain each required operating time in a 6-month period. continuous parameter monitoring stone feed. If you have a lime cooler(s) Each time the alarm sounds and the system (CPMS) such that the CPMS that has a separate exhaust to the owner or operator initiates corrective completes a minimum of one cycle of atmosphere, you would be required to actions (per the operations and operation for each successive 15-minute maintenance plan) within 1 hour of the conduct a PM test on the cooler’s period. The CPMS would be required to alarm, 1 hour of alarm time will be exhaust concurrently with the kiln PM have valid data from at least three of counted. If inspection of the ESP test. Then the sum of the emissions from four equally spaced data values for that all the kilns and coolers at the existing hour from a CPMS that is not out of demonstrates that no corrective actions lime manufacturing plant, divided by control according to your operation, are necessary, no alarm time will be the sum of the average stone feed rates maintenance, and monitoring plan. To counted. The sensor on the PM to each kiln at the existing plant, must calculate the average for each 3-hour detection system would provide an not exceed the emission limit of 0.12 lb averaging period, you must have at least output of relative PM emissions. The PM/ton stone feed (or 0.10 lb/ton of two of three of the hourly averages for PM detection system would have an stone feed for kilns/coolers at new lime that period using only hourly average alarm that would sound automatically manufacturing plants). For kilns with an values that are based on valid data (i.e., when it detects an increase in relative ESP or wet scrubber, you would be not from out-of-control periods). The 3- PM emissions greater than a preset required to collect and record the hour rolling average value for each level. The PM detection systems would applicable operating parameters during operating parameter would be be required to be installed, operated, the PM performance test and then calculated as the average of each set of adjusted, and maintained so that they establish the operating limits based on three successive 1-hour average values. follow the manufacturer’s written those data. The 3-hour rolling average would be specifications and recommendations. updated each hour. Thus the 3-hour For kilns and lime coolers (if the 2. Materials Processing Operations average rolls at 1-hour increments, i.e., cooler has a separate exhaust to the For the MPO with stacks and subject once a 1-hour average has been atmosphere) controlled by a FF and determined based on at least four to PM emission limits, you would be monitored with a BLDS, you would be successive available 15-minute averages, required to conduct a PM emissions test required to maintain and operate the FF a new 1-hour average would be on each stack exhaust, and the stack such that the BLDS alarm is not determined based on the next four activated, and alarm condition does not emissions must not exceed the emission successive available 15-minute averages. limit of 0.05 g/dscm. For the MPO with exist for more than 5 percent of the You would be required to develop operating time in a 6-month period. stack opacity limits, you would be and implement a written startup, required to conduct a 3-hour Method 9 Each time the alarm sounds and the shutdown, and malfunction plan owner or operator initiates corrective test on the exhaust, and each of the 30 (SSMP) according to the general consecutive, 6-minute opacity averages actions (per the operations, provisions in 40 CFR 63.6(e)(3). maintenance, and monitoring plan) must not exceed 7 percent. The MPO within 1 hour of the alarm, 1 hour of that are controlled by wet scrubbers 2. Kilns and Coolers alarm time will be counted. If would not have an opacity limit, but For kilns controlled by a wet inspection of the FF demonstrates that you would be required to collect and scrubber, you would be required to no corrective actions are necessary, no record the wet scrubber operating maintain the 3-hour rolling average of alarm time will be counted. The sensor parameters during the PM performance the exhaust gas stream pressure drop on the BLDS would be required to test and then establish the applicable across the wet scrubber greater than or provide an output of relative PM operating limits based on those data. equal to the pressure drop operating limit established during the most recent emissions. The BLDS would be required For MPO with fugitive emissions, you PM performance test. You would be to have an alarm that will sound would be required to conduct a Method required to also maintain the 3-hour automatically when it detects an 9 test, and each of the consecutive 6- rolling average of the scrubbing liquid increase in relative PM emissions minute opacity averages must not flow rate greater than or equal to the greater than a preset level. The BLDS exceed the applicable opacity limit. flow rate operating limit established would be required to be installed, These Method 9 tests are for 3 hours, during the most recent performance test. operated, adjusted, and maintained so but the test duration may be reduced to For kilns controlled by an ESP, if you that they follow the manufacturer’s 1 hour if certain criteria are met. Lastly, choose to monitor ESP operating written specifications and Method 9 tests or visible emissions parameters rather than use a PM recommendations. Standard operating checks may be performed on MPO detector or a COMS, you would be procedures for the BLDS and PM inside of buildings, but additional required to maintain the 3-hour rolling detection systems would need to be lighting, improved access to equipment, average current and voltage input to incorporated into the operations, and temporary installation of each electrical field of the ESP greater maintenance, and monitoring plan. We contrasting backgrounds may be needed. than or equal to the average current and recommend that for electrodynamic (or For additional guidance, see page 116 voltage input to each field of the ESP other similar technology) BLDS, the from the ‘‘Regulatory and Inspection established during the most recent standard operating procedures include Manual for Nonmetallic Minerals performance test. concepts from EPA’s ‘‘Fabric Filter Bag Processing Plants,’’ EPA report 305–B– Sources opting to monitor PM Leak Detection Guidance’’ (EPA–454/R– 97–008, November 1997. emissions from an ESP with a PM 98–015, September 1997). This
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document may be found on the world emissions checks for MPO, such as the known problems with EPA Method wide web at www.epa.gov/ttn/emc. going from monthly to quarterly, and 26 (which may have positive biases For kilns and lime coolers monitored then continuing with semiannual attributable to chloride salts rather than with a COMS, you would be required to checks. to HCl, and negative biases due to maintain each 6-minute block average condensation and removal of HCl on the H. How Do I Determine if My Lime opacity level at or below 15 percent filter and/or in the sampling probe), we Manufacturing Plant Is a Major Source opacity. The COMS must be installed have decided that Methods 26 and 26A and Thus Subject to the Proposed Rule? and operated in accordance with may not be used to measure HCl in the Performance Specification 1 (PS–1), 40 The proposed rule would apply to determination whether the source is an CFR part 60, Appendix B. lime manufacturing plants that are area source. We, in fact, adopted this major sources, co-located with major 3. Materials Processing Operations same approach in the final NESHAP for sources, or are part of major sources. the portland cement industry. See 40 For stack emissions from MPO which Each lime facility owner/operator would CFR part 63, subpart LLL, and 64 FR are controlled by a wet scrubber, you need to determine whether its plant is 31907 and 31920 (June 14, 1998). would be required to maintain the 3- a major or area source, since this In addition, we worked with the hour rolling average exhaust gas stream determines whether the lime American Society of Testing and pressure drop across the wet scrubber manufacturing plant would be an Materials (ASTM), in conjunction with greater than or equal to the pressure affected source under the proposed rule. the National Lime Association (NLA), to drop operating limit established during Section 112 of the CAA defines a major develop an impinger-based method for the most recent PM performance test. source as a ‘‘stationary source or group the measurement of HCl based on You would be required to also maintain of stationary sources located within a Method 26 but which includes changes the 3-hour rolling average scrubbing contiguous area and under common to the method to overcome the liquid flow rate greater than or equal to control that emits or has the potential to aforementioned biases. This ASTM HCl the flow rate operating limit established emit considering controls, in the impinger-based method has been during the most recent performance test. aggregate, 10 tons/yr or more of any demonstrated on lime kilns and has For MPO subject to opacity HAP or 25 tons/yr or more of any been designated as ASTM Test Method limitations and which do not use a wet combination of HAP.’’ This definition D 6735–01. We approve of this method, scrubber control device, you would be may be interpreted to imply that the and we propose to allow owners/ required to periodically demonstrate CAA requires an estimate of the operators to use it to measure HCl from compliance as follows. You would be facility’s potential to emit all HAP from lime kilns to determine whether their required to conduct a monthly 1-minute all emission sources in making a lime manufacturing plant is a major or visible emissions check of each determination of whether the source is area source. But because it is very emissions unit under the affected source major or area. However, based on our important to obtain an accurate definition. If no visible emissions are data analysis, HCl is most likely the measurement of HCl emissions, we are observed in six consecutive monthly HAP that would account for the largest proposing to require the paired-train tests for any emission unit, you may quantity of HAP emissions from a lime option under section 11.2.6 of the decrease the frequency of testing from manufacturing plant. Although lime method, and we are also proposing to monthly to semiannually for that manufacturing plants emit HAP metals require the post-test analyte spike emissions unit. If visible emissions are from most of the emission units at the option under section 11.2.7 of the observed during any semiannual test, plant site and organic HAP from the method. Although we believe these you would be required to resume testing kiln, our analysis indicates that most additional quality assurance procedures of that emissions unit on a monthly likely the metal and organic HAP are critical to obtain an accurate basis and maintain that schedule until emissions would each be below the 10/ measurement of HCl, we seek comment no visible emissions are observed in six 25 tons/yr criteria. One potential on the appropriateness of requiring consecutive monthly tests. If no visible approach to estimating HAP metals them. emissions are observed during the emissions from a lime manufacturing We attempted to utilize proposed EPA semiannual test for any emissions unit, plant is to require measurement of the Method 322 (based on gas filter you may decrease the frequency of PM emissions from all of the emission correlation infrared spectroscopy) to testing from semiannually to annually units at the plant and then allow the use gather HCl data from lime kilns and for that emissions unit. If visible of a ratio (which we would specify in encountered technical problems. These emissions are observed during any the final rule) of HAP metals to PM to problems included inadequate data annual test, you would be required to calculate the metals emissions. We availability, spike recovery, and resume visible emissions testing of that request comment on this approach to response time, which led to our emissions unit on a monthly basis and estimating HAP metals emissions. And decision in the promulgation of the maintain that schedule until no visible although we are not proposing to NESHAP for the portland cement emissions are observed in six require sources to test for all HAP to industry to not finalize EPA Method consecutive monthly tests. make a determination of whether the 322. Today, we are affirming that If visible emissions are observed lime manufacturing plant is a major or decision and propose that Method 322 during any visible emissions check, you area source, we do request comment on may not be used to measure HCl in the would be required to conduct a 6- whether emissions testing of metal and/ determination whether a lime minute test of opacity in accordance or organic HAP should be required for manufacturing plant is an area source. with Method 9 of appendix A to part 60 an owner or operator to claim that its Based on the aforementioned of this chapter. The Method 9 test lime manufacturing plant is an area difficulties with Method 26 and would be required to begin within 1 source. proposed Method 322, we propose that hour of any observation of visible We are proposing, however, to require the test methods based on fourier emissions, and the 6-minute opacity that a source measure HCl emissions transform infrared (FTIR) spectroscopy, reading would be required to not exceed from the kiln(s) in order for it to claim EPA Methods 320 and 321, will be the applicable opacity limit. We request it is an area source (provided HCl is acceptable for measuring HCl from lime comment on using more frequent visible emitted at less than 10 tons/yr). Due to kilns if the owner/operator wishes to
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claim its lime manufacturing facility is conducted in the development of the A new lime manufacturing plant is not a major source. These FTIR methods proposed rule indicate that many lime defined as the collection of any were finalized along with the portland manufacturing plants may be major limestone MPO, beginning with the raw cement industry NESHAP, and this sources of HCl. Hydrogen chloride material storage bin, and any lime kiln requirement would be consistent with emissions from these lime kiln tests or cooler for which construction or those NESHAP. (As mentioned above, using EPA Method 320 ranged from reconstruction begins after December we are also proposing to allow sources 0.007 to 2.0 lbs HCl per ton of lime 20, 2002. Thus, it is possible for an to use ASTM Test Method D 6735–01 produced. Assuming an average HCl existing lime manufacturing plant and a for the measurement of HCl to emission factor of 0.4 lb/ton, a lime new lime manufacturing plant to be determine whether their lime manufacturing plant would only have to located at the same site. This definition manufacturing plant is a major or area produce 50,000 tons of lime per year of new affected source includes the source.) (which is a small lime manufacturing same emission units as the existing However, we acknowledge the NLA’s plant) for it to be a major source (for this affected source, except that the new concerns about the use of FTIR during reason alone). affected source only includes those the lime kiln test program. In letters the The proposed rule would regulate emission units for which construction NLA sent to us, they suggested that in HAP emissions from all new and or reconstruction begins after December light of the alleged problems existing lime manufacturing plants that 20, 2002. The definitions are different experienced by our test contractors in are major sources, co-located with major because the MACT PM emission limit using FTIR, we should allow the use of sources, or are part of major sources for kilns and coolers at a new lime Method 26 for measurement of HCl (e.g., steel production facilities). One manufacturing plant is more stringent emissions from lime kilns. However, we exception to this is that lime than for those at an existing lime do not completely agree with their manufacturing operations located at manufacturing plant. assessment of the asserted difficulties pulp and paper mills would not be In general, the emission units which we experienced with FTIR. Our subject to the proposed rule. Lime are included in the definition of new or response to NLA’s concerns about FTIR manufacturing operations at pulp and existing affected source were selected may be found in the docket to the paper mills would be subject to the based on regulatory history (e.g., the proposed rule. And despite any alleged NESHAP for combustion sources at applicability of NSPS and the problems with FTIR, we do not consider kraft, soda, and sulfite pulp and paper information included in the initial source category listing) and to be them to justify the use of Method 26 mills. See 66 FR 3180, January 12, 2001. consistent with other MACT standards until the aforementioned problems with Lime manufacturing operations at Method 26 can be resolved. (e.g., the MACT standards for the beet sugar processing plants would also portland cement industry). III. Rationale for Proposed Rule not be subject to the NESHAP. Both the Although lime coolers were not lime product and carbon dioxide in the among the list of emission units in the A. How Did We Determine the Source beet sugar lime kiln exhaust are used in Category To Regulate? background document for the initial the beet sugar manufacturing process. source category listing for lime Section 112(c) of the CAA directs the Beet sugar lime kiln exhaust is typically manufacturing, lime coolers would be Agency to list each category of major routed through a series of gas washers an emission unit under the definition of sources that emits one or more of the to clean the exhaust gas prior to process affected source in the proposed rule. All HAP listed in section 112(b) of the CAA. use. The clean, cooled gas is then added lime coolers are integrated with their We published an initial list of source to one or more carbonation units (which associated kiln such that most coolers categories on July 16, 1992 (57 FR contain a mixture of beet juice, lime, vent all of their exhaust (if there is an 31576). ‘‘Lime Manufacturing’’ is one of and water) to provide the carbon exhaust stream) to the kiln, although a the 174 categories of major sources on dioxide necessary for carbonation and few lime coolers (e.g., grate coolers) also the initial list. As defined in our report, precipitation of lime, which purifies the vent a portion of their exhaust ‘‘Documentation for Developing the beet sugar juice. Although the separately to the atmosphere. Initial Source Category List’’ (EPA–450/ carbonation units are part of the sugar The specific MPO which are included 3–91–030, July 1992), the lime manufacturing process, they would in the affected source definition include manufacturing source category includes provide additional cleaning of the lime the following emission units: all of the any facility engaged in the production of kiln exhaust. Beet sugar plants typically grinding mills, raw material storage high calcium lime, dolomitic lime, and operate only seasonally, and our bins, conveying system transfer points, dead-burned dolomite. These are the analysis indicates that beet sugar plants bulk loading or unloading systems, same applicable lime products as are not major sources of HAP. screening operations, bucket elevators, defined in the new source performance B. How Did We Determine the Affected and belt conveyors, beginning with the standard (NSPS) for lime manufacturing Source? raw material storage bin and up to the plants (40 CFR part 60, subpart HH) and kiln. We define MPO to include these in the proposed rule. The proposed rule would define the emission units under the proposed According to the background affected source as the lime subpart because these units are also document for the initial source category manufacturing plant, and would include subject to the NSPS for Nonmetallic listing, the listing of lime manufacturing all of the limestone MPO at a lime Minerals Processing Plants (referred to as a major source category was based on manufacturing plant, beginning with the in this preamble as the NSPS subpart the Administrator’s determination that raw material storage bin, and all of the OOO). We specifically solicit comment some lime manufacturing plants would lime kilns and coolers at the lime on whether raw material storage piles be major sources of chlorine and metal manufacturing plant. This definition of should be included in the affected HAP including, but not limited to, affected source conforms with the source definition. compounds of arsenic, cadmium, General Provisions 40 CFR 63.2 In today’s proposed rule, the first chromium, lead, manganese, mercury, definition, which essentially states that emission unit in the sequence of MPO nickel, and selenium. In addition, the all emission units at a plant are to be which is included in the definition of results of emissions testing we considered as one affected source. affected source would be the raw
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material storage bin. Furthermore, the of emissions testing and monitoring that the exposure distribution. The upper first conveyor transfer point included would be required to demonstrate end of the exposure distribution is under the affected source definition compliance with the otherwise calculated using the ‘‘high end exposure would be the transfer point associated numerous standards that would apply to estimate,’’ defined as a plausible with the conveyor transferring material individual HAP metals. In addition, estimate of individual exposure for from the raw material storage bin. This several other NESHAP have been those persons at the upper end of the demarcation in the sequence of MPO promulgated which use PM as a exposure distribution, conceptually which defines the first emission unit surrogate for non-volatile and semi- above the 90th percentile, but not higher under the affected source definition is volatile HAP metals for the same than the individual in the population consistent with the applicability reason—it is a technically sound who has the highest exposure. We requirements under the NESHAP for the surrogate since HAP metals are believe that assuring protection to portland cement industry, 40 CFR part necessarily contained in PM, are persons at the upper end of the 63, subpart LLL. controlled by PM control devices to exposure distribution is consistent with The MPO emission units that would roughly the same efficiency, and there the ‘‘ample margin of safety’’ be excluded from the affected source are significant associated cost savings requirement in section 112(d)(4). definition are described as follows. Any due to monitoring for one parameter We emphasize that the use of section MPO which precedes the raw material instead of many. 112(d)(4) authority is wholly storage bin, such as those in quarry or The proposed rule would limit discretionary. As the legislative history mine operations, is not included in the opacity or visible emissions from certain indicates, cases may arise in which definition of affected source. Any MPO emission units. Opacity serves as other considerations dictate that we operations that process only lime a surrogate for the non-volatile and should not invoke this authority to product, lime kiln dust, or fuel would semi-volatile HAP metals. Opacity is establish less stringent standards, be excluded from the definition. Truck indicative of PM emission levels and, despite the existence of a health effects dumping into any screening operation, thus, for the same reasons that PM is a threshold that is not jeopardized. For feed hopper, or crusher would not be surrogate for the particulate HAP instance, we do not anticipate that we included among the emission units metals, opacity would also be a would set less stringent standards where considered under the affected source surrogate for the PM HAP metals. evidence indicates a threat of significant definition. (These exclusions are Further, opacity levels are reduced by or widespread environmental effects consistent with the NSPS subpart OOO). reducing PM emissions, which would taking into consideration cost, energy Finally, lime hydrators would not be also reduce the metal HAP in the safety and other relevant factors, included as an emission unit under the particulate phase, i.e., the non-volatile although it may be shown that affected source definition since all and semi-volatile HAP. emissions from a particular source hydrators are controlled by integrated We are proposing not to regulate HCl category do not approach or exceed a wet scrubbers, which capture the lime emissions from lime kilns. Under the level requisite to protect public health PM (and associated trace metallic HAP) authority of section 112(d)(4) of the with an ample margin of safety. We may and recycle the scrubber water. CAA, we have determined that no also elect not to set less stringent Additionally, this is consistent with the further control is necessary because HCl standards where the estimated health NSPS subpart HH, which does not apply is a ‘‘health threshold pollutant,’’ and threshold for a contaminant is subject to to lime hydrators. HCl levels emitted from lime kilns are large uncertainty. Thus, in considering below the threshold value within an appropriate uses of our discretionary C. How Did We Determine Which ample margin of safety. The following authority under section 112(d)(4), we Pollutants To Regulate? explains the statutory basis for consider other factors in addition to The proposed rule would reduce considering health thresholds when health thresholds, including uncertainty emissions of non-volatile and semi- establishing standards, and the basis for and potential ‘‘adverse environmental volatile metal HAP by limiting today’s proposed decision, including a effects,’’ as that phrase is defined in emissions of PM from the kiln and discussion of the risk assessment section 112(a)(7) of the CAA. cooler, and certain MPO emission units. conducted to support the ample margin We are proposing in today’s notice Particulate matter is a surrogate for the of safety decision. not to develop standards for HCl from non-volatile and semi-volatile metal Section 112 of the CAA includes lime kilns. This decision is based on the HAP that are always a subset of PM. exceptions to the general statutory following. First, we consider HCl to be Controlling PM emissions will control requirement to establish emission a threshold pollutant. Second, we have the non-volatile and semi-volatile metal standards based on MACT. Of relevance defined threshold values in the form of HAP, since these compounds are here, section 112(d)(4) allows us to an Inhalation Reference Concentration associated with the PM, i.e., they are by develop risk-based standards for HAP (RfC) and acute exposure guideline level definition in the particulate phase (as ‘‘for which a health threshold has been (AEGL). Third, HCl is emitted from lime opposed to the gaseous form). The established’’ provided that the standards kilns in quantities that result in human available air pollution controls for the achieve an ‘‘ample margin of safety.’’ exposure in the ambient air at levels particulate HAP metals at lime Therefore, we believe we have the well below the threshold values with an manufacturing plants are the PM discretion under section 112(d)(4) to ample margin of safety. Finally, there controls used at lime manufacturing develop standards which may be less are no adverse environmental effects plants, i.e., FF, ESP, and wet scrubbers. stringent than the corresponding floor- associated with HCl. The bases and These at-the-stack controls capture non- based MACT standards for some supporting rationale for these volatile and semi-volatile HAP metals categories emitting threshold pollutants. conclusions are as follows. non-preferentially along with other PM, In deciding standards for this source For the purposes of section 112(d)(4), thus showing why PM is a permissible category, we seek to assure that several factors are considered in our indicator for these HAP metals. See emissions from every source in the decision on whether a pollutant should National Lime Ass’n v. EPA, 233 F. 3d category result in exposures less than be categorized as a health threshold at 639. Also, using PM as a surrogate for the threshold level even for an pollutant. These factors include the HAP metals would reduce the cost individual exposed at the upper end of evidence and classification of
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carcinogenic risk and evidence of due to a single exposure lasting 8 hours methodology. (See the U.S. EPA report noncarcinogenic effects. For a detailed or less. The confidence in the AEGL (a ‘‘Screening Procedures for Estimating discussion of factors that we consider in qualitative rating or either low, medium, the Air Quality Impact of Stationary deciding whether a pollutant should be or high) is based on the number of Sources (revised)’’, report number EPA– categorized as a health threshold studies available and the quality of the 454/R–92–019 (1992).) The approach for pollutant, please see the April 15, 1998 data. Consensus toxicity values for each of the facilities involved four steps: Federal Register document (63 FR effects of acute exposures have been Step 1 was the modeling of HCl 18766). developed by several different concentrations at the point of maximum In the April 15, 1998 action cited organizations, and we are beginning to concentration, whether occurring on- above, we determined that HCl, a Group develop such values. A national site or off-site, using SCREEN3, a D pollutant, is a health threshold advisory committee organized by the screening-level air dispersion model. pollutant for the purpose of section EPA has developed AEGL for priority Step 2 was the same as Step 1, but 112(d)(4) of the CAA (63 FR 18753). chemicals for 30-minute, 1-hour, 4-hour, modeling was performed at or beyond The NLA conducted a risk assessment and 8-hour airborne exposures. They the fence line. Step 3 was the same as to determine whether the emissions of have also determined the levels of these Step 1, but modeling was performed at HCl from lime kilns at the current chemicals at each exposure duration the nearest off-site residence or business baseline levels resulted in exposures that will protect against discomfort location. Step 4 was the modeling of below the threshold values for HCl. We (AEGL1), serious effects (AEGL2), and HCl concentrations at the nearest reviewed the risk assessment report life-threatening effects or death residence or business location using the prepared by the NLA and believe that it (AEGL3). The NLA used the AEGL1 ISC–PRIME model. (ISC–PRIME is a uses a reasonable and conservative value as the threshold value for steady-state Gaussian plume model methodology, is consistent with EPA assessing the inhalation health effects of based on the ISC3 dispersion model, methodology and practice, and reaches short-term exposures to HCl. with the Plume RIse Model a reasonable conclusion that current The NLA conducted dispersion Enhancements (PRIME) algorithm added levels of HCl emissions from lime kilns modeling for 71 lime plants and nearly for improved treatment of building would be well under the threshold level 200 lime kilns, representing all downwash. The model can account for of concern for human receptors. The operating captive and commercial lime settling and dry deposition; building summary of the NLA’s assessment is plants in the U.S. that would potentially downwash; area, line, and volume organized as follows: (1) Hazard be subject to the proposed rule. The sources; plume rise as a function of identification and dose-response analyses performed assumed worst case downwind distance; building assessment, (2) emissions and release operating scenarios, such as maximum dimensions and stack placement information, and (3) exposure production rate and 24 hours per day, relative to a building; separation of assessment. 365 days per year operation. Hydrogen point sources; and limited terrain It is important to note that the risk chloride emission rates were based on adjustment.) Note that each succeeding assessment methodology applied here either measured data or default HCl step involves more refined site-specific by NLA should not be interpreted as a stack concentrations. For plants having data and less conservative assumptions. standardized approach that sets a HCl measurement data, only HCl data The analyses performed under each of precedent for how EPA will analyze collected using FTIR were used. For the above steps assumed worst case application of section 112(d)(4) in other plants where no emissions data were operating scenarios, such as maximum cases. The approach presented here, available, the following HCl emission production rate, and in Steps 1 through including assumptions and models, was levels were assumed for the analyses: 10 3 worst case meteorology. Local terrain selected to meet the unique needs of parts per million by volume (ppmv) for and building downwash effects were this particular case, to provide the kilns with either scrubbers or also considered, and meteorological appropriate level of detail and margin of preheaters, 18 ppmv for kilns at data were taken from the nearest safety given the data availability, Riverton Corporation, 26 ppmv for gas- National Weather Service chemicals, and emissions particular to fired kilns, and 85 ppmv for all other meteorological station. Maximum one this category. kilns. (The Riverton emission level was hour averages were converted to annual The RfC is a ‘‘long-term’’ threshold, derived by multiplying its stack test averages using a conversion factor of defined as an estimate of a daily results obtained using EPA Method 26 0.08, consistent with EPA inhalation exposure that, over a lifetime, by a sampling method bias factor of 25. recommendations. would not likely result in the Method 26 may understate actual HCl The NLA generated estimates of both occurrence of significant noncancer emissions by a factor of between 2 and chronic (annual average) and acute (one- health effects in humans. We have 25.) The HCl emission levels were hour) concentrations for comparison to determined that the RfC for HCl of 20 converted to stack emission rates using the relevant health reference values or micrograms per cubic meter (µg/m3) is the stack gas volumetric flow rate. threshold levels. Acute and chronic an appropriate threshold value for The release characteristics used for exposures were compared to the AEGL1 assessing risk to humans associated the dispersion model included stack of 2,700 µg/m3 for one-hour exposures with exposure to HCl through inhalation height, stack diameter, exit temperature, and the RfC of 20 µg/m3 for long-term (63 FR 18766, April 15, 1998). and exit velocity. Using its own continuous exposure, respectively. Therefore, the NLA used this RfC as the questionnaire, the NLA collected the Noncancer risk assessments typically threshold value in their exposure necessary release information from all use a metric called the Hazard Quotient assessment for HCl emitted from lime 71 plants. The exposure assessment was (HQ) to assess risks of exposures to kilns. conducted for HCl emissions from all noncarcinogens. The HQ is the ratio of In addition to the effects of long-term lime plants in the source category. As exposure (or modeled concentration) to inhalation of HCl, the NLA, at our discussed above, the emissions data and the health reference value or threshold request, also considered thresholds for release characteristics were used as level (i.e., RfC or AEGL). HQ values less short-term exposure to HCl in this inputs to the assessment. The approach than ‘‘1’’ indicate that exposures are assessment. The AEGL toxicity values taken by NLA was found to be below the health reference value or are estimates of adverse health effects consistent with the EPA’s tiered threshold level and are likely to be
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without appreciable risk of adverse using ISC–PRIME. Concentrations were The standards for emissions must also effects in the exposed population. HQ predicted at geographically-weighted protect against significant and values above ‘‘1’’ do not necessarily centers of census blocks. Emissions widespread adverse environmental imply that adverse effects will occur, were assumed to originate from a single effects to wildlife, aquatic life, and other but that the potential for risk of such stack using the lowest effective stack natural resources. The NLA did not effects increases as HQ values exceed height reported at each facility. Six of conduct a formal ecological risk ‘‘1.’’ In addition, when information on the kilns modeled showed values well assessment. However, we have reviewed background levels of pollutants is not below the RfC, the highest having an HQ publications in the literature to available, EPA has in some cases = 0.11. The seventh indicated an HQ of determine if there would be reasonable considered a HQ of 0.2 or below to be 0.96. The seventh kiln was re-simulated expectation for serious or widespread acceptable. using site-specific emissions and stack adverse effects to natural resources. For the NLA assessment, if the HQ data, resulting in an HQ = 0.21. Overall, We consider the following aspects of was found to be less than 0.5 for any of we believe that the NLA has taken a pollutant exposure and effects: Toxicity the first three steps using conservative reasonably conservative approach in effects from acute and chronic defaults and modeling assumptions, the estimating risk due to HCl exposure. exposures to expected concentrations analysis concluded with that step. On This approach is consistent with the around the source (as measured or the other hand, if the HQ exceeded 0.5, methodology and assumptions EPA modeled), persistence in the work proceeded to subsequent steps. would have used if the study had been environment, local and long-range There were no facilities where Step 4 done in-house, and in several instances transport, and tendency for bio- (i.e., the most refined step) yielded an NLA’s approach is even more magnification with toxic effects HQ above 0.5. (Steps 1, 2, and 3 are conservative. Furthermore, EPA manifest at higher trophic levels. considered ‘‘Tier 2’’ analyses under conducted a parallel confirmatory No research has been identified for EPA’s tiered modeling approach, analysis and found results consistent effects on terrestrial animal species whereas Step 4 is considered a ‘‘Tier 3’’ with those of the NLA assessment. beyond that cited in the development of analysis.) At this point, it should be noted that the HCl RfC. Modeling calculations To help confirm that NLA’s approach the potential for effects depends on an indicate that there is little likelihood of was reasonable, we decided to individual’s total exposure to that chronic or widespread exposure to HCl reproduce several of NLA’s modeling chemical. As a result, exposure from all at concentrations above the threshold analyses by performing our own sources, not just the one in question, around lime manufacturing plants. analyses for selected facilities having must be evaluated. Where possible, Based on these considerations, we the highest potential for health risk to other exposures must be accounted for, believe that the RfC can reasonably be the surrounding community. Generally, either explicitly through monitoring or expected to protect against widespread these were facilities having the highest modeling, or by apportioning a portion adverse effects in other animal species emission rates or facilities where Tier 3 of the health threshold level available to as well. modeling was performed for actual off- any individual source. To estimate the Plants also respond to airborne HCl site receptor locations. Fourteen kilns potential exposure from other sources, levels. Chronic exposure to about 600 with emission rates greater than 5.0 the NLA reviewed the ambient HCl µg/m3 can be expected to result in grams/second were evaluated using the concentration estimates derived by the discernible effects, depending on the SCREEN3 air dispersion model. For the air component of EPA’s Cumulative plant species. Plants respond differently analyses, plant-specific parameters were Exposure Project (CEP). They found that to HCl as an anhydrous gas than to HCl used for source type, emission rate, the mean national HCl concentration aerosols. Relative humidity is important stack height, stack inner diameter exit corresponded to an HQ of 0.06 and the in plant response; there appears to be a velocity, gas exit temperature, and 95th percentile national HCl threshold of relative humidity above location (urban versus rural). concentration corresponded to an HQ of which plants will incur twice as much Assumptions about flat terrain, 0.2, and they concluded that damage at a given dose. Effects include meteorology, and building dimensions background HCl exposures were leaf injury and decrease in chlorophyll were made, as appropriate. For plants unlikely to exceed an HQ of 0.2. (These levels in various species given acute, 20- with multiple stacks, emissions were HQ helped confirm that the total HQ for minute exposures of 6,500 to 27,000 µg/ considered to emanate from one co- a facility, including contributions from m3. A field study reports different located emission point. Then, in order other sources (‘‘background’’), would sensitivity to damage of foliage in 50 to maintain a conservative approach, the not be expected to exceed ‘‘1.’’ species growing in the vicinity of an lowest effective stack height parameters However, these background HQ were anhydrous aluminum chloride were utilized for all emissions. The not actually added into a facility’s final manufacturer. American elm, bur oak, model was run, and maximum HQ estimate. eastern white pine, basswood, red ash concentrations for distances ranging Thus, we are comfortable with NLA’s and several bean species were observed from 100 to 5,000 meters were obtained. calculations and feel confident that to be most sensitive. Concentrations of To evaluate acute exposure, the HQ exposures to HCl emissions from the HCl in the air were not reported. was determined by comparing the facilities in question are unlikely to ever Chloride ion in whole leaves was 0.2 to maximum concentrations to the HCl exceed an HQ of 0.2. Therefore, we 0.5 percent of dry weight; sensitive acute threshold level of 2,700 µg/m3. believe that the predicted exposures species showed damage at the lower Maximum concentrations were then from these facilities should provide an value, but tolerant species displayed no converted into annual concentrations, ample margin of safety to ensure that injury at the higher value. Injury and the HQ was determined by total exposures for nearby residents declined with distance from the source comparing these concentrations to the should not exceed the short-term or with no effects observed beyond 300 HCl chronic health reference value of 20 long-term health based threshold levels meters. Maximum modeled long-term µg/m3. or health reference values, even when HCl concentrations (less than 10 µg/m3) We then used the Human Exposure considering the possible contributions are well below the 600 µg/m3 chronic Model (HEM) to examine seven of the of other sources of HCl or similar threshold, and the maximum short-term kilns that were modeled by the NLA respiratory irritants. HCl concentration (540 µg/m3) is far
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below the 6,500 µg/m3 acute exposure not expected to result in adverse two of the most common. First, threshold. Therefore, no adverse toxicity effects. Hydrogen chloride is ‘‘average’’ could be interpreted as the exposure effects are anticipated. not persistent in the environment. arithmetic mean. The arithmetic mean Prevailing meteorology strongly Effects of HCl on ponds and soils are of a set of measurements is the sum of determines the fate of HCl in the likely to be local rather than the measurements divided by the atmosphere. However, HCl is not widespread. Finally, HCl is not believed number of measurements in the set. The considered a strongly persistent to result in biomagnification or word ‘‘average’’ could also be pollutant, or one where long range bioaccumulation in the environment. interpreted as the median of the transport is important in predicting its Therefore, we do not anticipate any emission limitation values. The median ecological effects. In the atmosphere, adverse ecological effects from HCl. is the value in a set of measurements HCl can be expected to be absorbed into The results of the exposure below and above which there are an aqueous aerosols, due to its great assessment showed that exposure levels equal number of values (when the affinity for water, and removed from the to baseline HCl emissions from lime measurements are arranged in order of troposphere by rainfall. In addition, HCl production facilities are well below the magnitude). This approach identifies will react with hydroxy ions to yield health threshold value. Additionally, the emission limitation achieved by water plus chloride ions. However, the the threshold values, for which the RfC those sources within the top 12 percent, concentration of hydroxy ions in the and AEGL values were determined to be arranges those emissions limitations troposphere is low, so HCl may have a appropriate values, were not exceeded achieved in order of magnitude, and the relatively long residence time in areas of when considering conservative control level achieved by, and low humidity. No studies are reported estimates of exposure resulting from achievable by, the median source is of HCl levels in ponds or other small lime kiln emissions as well as selected. Either of these two approaches water bodies or soils near major sources considering background exposures to could be used in developing MACT of HCl emissions. Toxic effects of HCl HCl and therefore, represent an ample standards for different source categories. to aquatic organisms would likely be margin of safety. Furthermore, no We obtained PM data for 47 lime kilns due to the hydronium ion, or acidity. significant or widespread adverse over the course of developing the Aquatic organisms in their natural environmental effects from HCl is proposed rule. The most comprehensive environments often exhibit a broad anticipated. Therefore, under authority body of data, and we believe the one range of pH tolerance. Effects of HCl of section 112(d)(4), we have that most accurately approximates the deposition to small water bodies and to determined that further control of HCl performance achieved by, and soils will primarily depend on the emissions from lime manufacturing achievable by, the average of the best 12 extent of neutralizing by carbonates or plants is not necessary. percent of existing sources for which the other buffering compounds. Chloride We considered establishing a limit for Agency has emission data, are PM ions are essentially ubiquitous in mercury emissions from lime kilns, but limitations contained in State and local natural waters and soils so minor there is no MACT floor for mercury— agency permits for these sources. We increases due to deposition of dissolved that is, we know of no way to establish used the permit limitations for the kilns HCl will have much less effect than the an achievable floor standard for mercury (along with the supporting PM deposited hydronium ions. Deleterious beyond selecting an arbitrarily high emissions data) in our MACT floor effects of HCl on ponds and soils, where emission limit that any source could analysis because the permit limitations such effects might be found near a major achieve under any circumstance since were indicative of the variability in the source emitting to the atmosphere, no source controls mercury emissions long-term performance of the emission likely will be local rather than using a means of control that can be controls. We examined multiple sets of widespread, as observed in plant duplicated by other sources. We also PM emissions data obtained from the foliage. have initially determined that an individual kilns during compliance Effects of HCl on tissues are generally emission limit for mercury based on a testing to assure that the permit restricted to those immediately affected beyond-the-MACT-floor option is not limitations do not underestimate the and are essentially acidic effects. The considered cost effective at this time; pollution control capabilities of these rapid solubility of HCl in aqueous nor is a beyond-the-floor standard sources (i.e., that actual performance is media releases hydronium ions, which justified for mercury after otherwise not superior to the permit limits, in can be corrosive to tissue when above a taking into account cost, non-air quality which case the MACT floor would need threshold concentration. The chloride environmental and health impacts, and to be based on that superior ions may be concentrated in some plant energy considerations. performance; see Sierra Club v. EPA, tissues, but may be distributed 167 F. 3d 658, 661–62 (D.C. Cir. 1999)). throughout the organism, as most D. How Did We Determine the MACT Simply taking the average or mean of organisms have chloride ions in their Floor for Emission Units at Existing the lowest 12 percent of the emissions fluids. Leaves or other tissues exposed Lime Manufacturing Plants? data (without considering permit to HCl may show some concentration limitations, i.e., achievability of the above that of their immediate 1. PM From the Kiln and Cooler technology over the long-term) would environment; that is, some degree of In establishing the MACT floor, not account for the inherent variability bioconcentration can occur. However, section 112(d)(3)(A) of the CAA directs of performance of well-designed and long-term storage in specific organs and us to set standards for existing sources operated emission controls, since biomagnification of concentrations of that are no less stringent than the individual emissions tests are based on HCl in trophic levels of a food chain average emission limitation achieved in short durations of sampling, typically 3 would not be expected. Thus, the practice by the best performing 12 hour tests (because of the absence of PM chemical nature of HCl results in percent of existing sources (for which continuous emissions monitors) and, deleterious effects, that when present, there are emissions data) where there thus, we would be required to are local rather than widespread. are more than 30 sources in the category extrapolate these ‘‘snapshot’’ data to In conclusion, acute and chronic or subcategory. Among the possible ascertain long-term achievable exposures to expected HCl meanings for the word ‘‘average’’ as the performance. Additionally, we obtained concentrations around the source are term is used in the CAA, we considered multiple compliance test data for the
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top performing kilns (where available); with a separate exhaust to the latter approach would result in some of the kilns’ data vary over two atmosphere. Thus, the kiln PM emission increases in SO2 emissions from these orders of magnitude and vary up to their limit applies to the emissions from both kilns. Therefore, we request comment permit limit. Further, these multiple the kiln and cooler. For the 96 percent on establishing a subcategory because of data sets indicate that some of these top of the kilns with no separate cooler the potential increase in SO2 and HCl performing kilns would not be able to exhaust, this would have no effect; that emissions and other negative meet an emission limit based on a is, the coolers’ emissions are already environmental impacts (discussed strictly arithmetic average of the top combined with the kiln prior to venting further below) that may result in performing kilns’ emissions data (the to the atmosphere. For the few kilns complying with the proposed PM result being a standard not achieved by with grate coolers that separately vent a standard. We note, however, that the the average of the best performing portion of the cooler exhaust to the risk analysis showed that HCl levels sources, and hence impermissible). atmosphere, the sum of the emissions emitted from lime kilns (including the We arrayed the data by permit from the kiln(s) and the grate cooler increased HCl levels from kilns with limitation, from lowest to highest, in exhaust(s) at the existing lime wet scrubbers that are replaced with FF) units of lbs PM/ton of limestone feed, manufacturing plant would be subject to are below the threshold value within an along with the associated PM emissions the kiln and cooler emission limit of ample margin of safety. test data. The best performing 12 0.12 lb PM/ton limestone feed. With this Although subcategorization normally percent of the 47 kilns are the best approach, the emissions from the kiln is based on differences in manufacturing performing six kilns, with the third and and cooler are subject to one emission process, emission characteristics, or fourth best performing kilns being the limit, regardless of whether the kiln and technical feasibility, and is not justified median. The six best performing kilns’ cooler emissions are combined prior to by the sole fact that a different type of permit limits for PM are 0.10, 0.12, 0.12, release to the atmosphere. This reflects air pollution control equipment is 0.12, 0.21, and 0.21 lb/ton limestone the performance achieved by, and utilized, EPA solicits comment on the feed and are equipped with either a FF achievable by (taking operating possibility of establishing a subcategory or ESP. The emission test data variability into account), the median of for existing lime kilns using wet associated with these kilns indicate that the 12 percent best performing kilns for scrubbers in order to avoid potentially these kilns have indeed achieved the which the Agency has emissions data. environmentally counterproductive limits in their State permits. The test Further, since we have defined the effects due to increased emissions of data for the kilns permitted at or below affected source to include all kilns and acid gases and increased water and 0.12 lb PM/ton limestone vary from coolers at a lime manufacturing plant, energy use. (Such a subcategory would 0.0091 to 0.0925 lb PM/ton limestone. the kiln and cooler PM emission limit also significantly reduce the cost impact We do not believe that these kilns could applies to the combined emissions of on industry.) In addition, we request consistently achieve standards which PM from all of the kilns and coolers at comment on what the MACT floor PM are lower than the permit limitation of the existing lime manufacturing plant. limit would be for this possible 0.12 lb PM/ton limestone level, due to subcategory. If we based the MACT floor the probable long-term variability. During the review of a draft of this for this possible subcategory on an Therefore, we are proposing a MACT proposal by the Small Business inspection of the permit limit floor PM emission limit of 0.12 lb PM/ Advocacy Review (SBAR) Panel, an information available to us, we would ton limestone for lime kilns at existing issue was raised about the potential for initially conclude that a PM emission lime plants, using the median approach increases in sulfur dioxide (SO2) and limit of 0.6 lb PM/ton limestone feed of the permit limits, which the HCl emissions that may occur if sources may be appropriate. We note, however, associated emissions data show to be opt to remove existing PM wet scrubbers that in order to use permit limits as a achievable and show as well to be a and replace them with dry PM control basis for a MACT floor determination, reasonable approximation of the devices (such as FF or ESP) in order to those permit limits must accurately achievable performance of the average meet the proposed kiln PM standard. reflect the actual performance of the of the best performing 12 percent of About 20 percent of the lime produced sources used as the basis for the MACT kilns for which we have emissions data, in the U.S. is from kilns equipped with floor determination (considering both taking into consideration long-term wet scrubbers, and about 90 percent of emission levels and operating variability variability in performance. the wet scrubbers on lime kilns at major when designed and operated properly). Most lime coolers (approximately 96 source lime plants would not meet the We, therefore, solicit information both percent) in the lime manufacturing proposed PM limit. And although the on PM permit limits for wet scrubber industry use ambient air for cooling and proposed rule would not dictate how equipped kilns and on the actual are integrated with the kiln such that all the lime kiln PM standard would have emissions from those kilns. Lastly, at the cooler exhaust goes directly to the to be met, and our limited information the recommendation of the SBAR Panel, kiln for use as combustion air, or else indicates that one or two lime kilns with we specifically request comment on any the cooling of the lime takes place wet scrubbers may already meet the operational, process, product, or other within the kiln itself (e.g., in vertical proposed PM standard (this may be technical and/or spatial constraints that kilns). Thus, for 96 percent of the lime because they burn natural gas as their would preclude installation of a FF or kilns, their emissions are actually the primary fuel source), some sources may ESP at an existing lime manufacturing kiln and cooler emissions combined. elect to upgrade their existing wet plant. The kiln PM emission limit of 0.12 lb/ scrubber with a new venturi wet We note, however, that following the ton limestone is based on kiln permit scrubber to meet the PM standard, while SBAR panel, the NLA brought to our limits and associated emissions data other existing sources that would not attention the fact that if sources replace where the kiln and cooler emissions are meet the proposed PM emission limit their wet scrubbers with FF to comply combined. That is, based on our review with a wet scrubber may opt to replace with the kiln PM standard, they would of the questionnaire responses, the wet scrubber with a FF. But because most likely also need to take steps to discussions with plant personnel, and wet scrubbers are more effective than a cool the exhaust gas stream entering the State permit information, none of the FF or ESP at removing SO2 (and HCl), FF, since the operating temperature of a best performing kilns has a lime cooler the SBAR Panel was concerned that the FF may be 400° less than a wet scrubber.
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Cooling the gas stream as such may be unless the control project qualified for duplicate a ‘‘low mercury’’ source’s done using various techniques, all with a Pollution Control Project Exclusion. performance, even assuming there was a varying environmental and cost The EPA is currently revising the NSR low mercury source of feed material. In impacts. In light of this new information rules. Finally, no change in SO2 or HCl addition, we are aware of no data or presented by NLA, we analyzed the emissions would be expected for information indicating that a certain costs of three PM control options sources that replace existing wet type of limestone or source of limestone available to sources with wet scrubbers scrubbers with new venturi wet has a lower concentration of mercury, that do not currently meet the proposed scrubbers. With no resultant SO2 and although such deposits may exist, PM limit. Sources could elect to replace emissions increases, it would be we do not believe such deposits of the existing wet scrubber with a new FF unlikely that sources would seek an limestone exist sufficiently throughout and cool the entering exhaust gas stream NSR exclusion. the U.S. to supply the industry. Further, using either a water spray system or We also acknowledge there would be assuming there was a widespread source alternatively a kiln preheater. Or additional negative environmental of limestone with a lower level of sources may elect to replace the existing impacts if all kilns with wet scrubbers mercury (which is highly unlikely), it is wet scrubber with a new venturi wet not meeting the proposed PM limit are unclear that this would lead to lower scrubber and thereby avoid the need for replaced with new venturi wet mercury emissions (or what the gas stream cooling. Based on our review scrubbers. These impacts would include reductions of mercury emissions would of the technical performance of venturi an increase in national water be), since mercury emissions from lime scrubbers, we believe that a new, high consumption by about 4.2 billion kilns also originate from the fuel. efficiency venturi wet scrubber with a gallons per year from current levels, and A floor standard based on substitution gas stream pressure drop of 35 inches an increase in electricity consumption of so-called clean mercury fossil fuels is water guage or more could meet the by about 7.2 million kilowatt-hours/yr. likewise not achievable due to proposed lime kiln PM emission limit. (Industry estimates that along with this unavailability of this means of control. After reviewing the cost impacts of additional electricity consumption, an The floor for existing sources would these control options, we chose the additional 8,000 tons/yr of carbon have to be based on either coal or venturi wet scrubber as the basis for dioxide would be emitted from fossil natural gas substitution since there are estimating the proposed rule’s impacts fuel fired electrical power generating enough sources using coal or natural gas (for kilns with wet scrubbers not stations.) These increases result from to constitute a MACT floor for existing meeting the proposed PM limit) the new venturi wet scrubbers requiring kilns. However, there are simply because, in general, this option was the a higher water flow rate and larger fans inadequate amounts of ‘‘low mercury’’ least expensive in terms of capital cost to handle the increased gas pressure coal and natural gas available to power and, in some cases, annual cost as well. drop. We note, however, that with a this industry. Thus, we see no feasible We request comment on our cost higher PM limit for a possible wet way for the lime industry to function if analyses of these control options (the scrubber subcategory, national PM it can only use the 6 percent ‘‘cleanest’’ details of which may be found in the emissions from lime kilns would be fuels to make its product. See H.R. Rep. docket) and on our determination to approximately 1,000 tons/yr greater No. 101–490, 101st Cong. 2d sess. 328 base the impacts estimates of the than if there were no subcategory. (‘‘MACT is not intended * * * to drive proposed rule on this venturi scrubber sources to the brink of shutdown’’). 2. Mercury From the Kiln control option. We also acknowledge Nor do we see any evidence that ‘‘low that the NLA’s cost estimates lead them Mercury emitted from lime kilns mercury’’ coal exists. Our analysis to conclude that it may be less originates from the raw materials and shows that the average mercury levels expensive for sources to install a FF fuels fed to the kiln. In considering a for the various coal types—bituminous, with gas stream cooling rather than potential floor for mercury from these subbituminous, and lignite coals—are install new venturi wet scrubbers. emission units, we considered both at- nearly the same at around 0.1 part per In addition, there would be different the-stack controls and substitution of million by weight. These data show that emission and environmental impacts feed and fuels as a potential basis for a there is not a certain type of coal that depending on the control option standard. Since no sources are has a lower mercury level. selected by sources with existing wet controlling the mercury emissions from Also, based on the data in the EPA scrubbers not meeting the proposed PM their lime kilns using at-the-stack Utility Study and Report to Congress, limit. For the control option of a wet controls, such control cannot be the emissions of other HAP metals would or scrubber being replaced with a new FF, basis for a floor standard. could increase if coal or oil were to be we estimate that national HCl emissions Switching of raw material feed or fuel substituted to try and achieve lower would increase by about 1,000 tons/yr, is also not a basis for establishing a floor mercury emissions. These data indicate and national SO2 emissions would standard because these means of control that levels of HAP metals in coal are so increase by about 15,000 tons/yr. The are not available, leading to variable that decreases in emissions of NLA commented during the SBAR unachievable standards. Nor is there one HAP metal are offset by increases in Panel that the resulting SO2 increases any indication that feed or fuel others when different coals are used as under this option could cause a lime substitution would control mercury fuel. These data also show that if fuel oil plant to become subject to new source emissions from these sources. The is substituted for coal, nickel emissions review (NSR) rule requirements, and the reasons for these conclusions are set out will increase because fuel oil typically source would, thus, incur additional below. contains more nickel than coal. Thus, costs associated with this review. Substitution of raw materials, i.e., based on these data, we believe that fuel Sources utilizing this control option feedstock substitution, is not an switching among coal and oil is not an may or may not be excluded from NSR available means of control. First, raw effective means of controlling HAP if it is a pollution control project. Under materials are proprietary. No kiln can metal emissions (including mercury), the current NSR rules and guidance, a use another’s raw materials. Thus, a even if this were an available means of net emissions increase of 40 tons/yr SO2 standard based on feed control is not control. would trigger NSR even if this increase achievable because it is not even For new as well as existing kilns, we was due to a pollution control project, available. No second kiln could considered basing the floor for mercury
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on the use of natural gas, although the (particulate matter with an aerodynamic determination. Therefore, the MACT few mercury emissions data we have diameter less than or equal to 10 floor for MPO is equivalent to the NSPS cannot allow us to definitively state microns), since presumably these areas subpart OOO. what effect fuel type has on emissions. of the U.S. would be the most likely to E. How Did We Determine the MACT However, we do not regard natural gas have more stringent PM emission Floor for Emission Units at New Lime fuel substitution as an available limitations. We found seven lime Manufacturing Plants? technology for new sources. Natural gas manufacturing plants located in PM10 is not readily available throughout the nonattainment areas. The information The CAA requires the MACT floor for U.S., i.e., the infrastructure for its available to us on these plants indicated new sources to be based on the degree delivery (pipelines, pumping stations, that no MPO were subject to standards of emissions reductions achieved in etc.) is not available for all locations more stringent than the NSPS subpart practice by the best-controlled similar where lime manufacturing plants exist OOO or otherwise performing better. We source. and is not expected to be economically believe that the NSPS subpart OOO For HAP metals emissions from MPO available to build such infrastructure standards reasonably reflect the level of at new lime manufacturing plants, the throughout the U.S. Although U.S. performance achieved by, and floor is the NSPS subpart OOO (the natural gas reserves may be considered achievable by, the average of the best same as for MPO at existing lime plentiful, the gas still needs to be performing 12 percent of sources. manufacturing plants). As discussed extracted through drilling and the The basis for the MACT floor for these previously, we investigated whether construction of wells. Thus, for plants emission units is the NSPS subpart there were any MPO subject to located far from a natural gas pipeline, OOO as it has been applied to lime standards more stringent than the NSPS natural gas is not a reasonable manufacturing plants, which serves as a subpart OOO, or were emitting at lower alternative. Additionally, although the reasonable measure of the performance rates without being subject to some type infrastructure (pipelines, wells, storage of the average of the best performing of regulatory standards, that would facilities) can be built, the delivery sources. The NSPS subpart OOO sets serve as a basis for MACT for new capacity will likely not be available to PM, opacity, and visible emission limits sources. The information available to us accommodate a fuel switch to natural for limestone MPO that were indicates that no MPO are subject to gas within the time frame by which new constructed, reconstructed, or modified standards more stringent than the NSPS kilns would have to comply. after August 31, 1983. We investigated subpart OOO or otherwise performing We note further that the amounts of whether enough of these MPO are better. Therefore, the floor is the NSPS mercury emitted by these kilns is small, located at lime manufacturing plants subpart OOO. roughly one pound per plant per year. subject to the NSPS subpart OOO to For HAP metals emissions from kilns Although the floor provisions of the make a MACT floor determination. and coolers, the floor for those at new CAA do not provide a de minimis Using the median approach to lime manufacturing plants is defined by exception to establishing floors, see determining MACT floors, at least 6 the permit limits and emissions data for National Lime v. EPA, 233 F. 3d at 640, percent would need to be subject to the PM, where PM is a surrogate for non- the small amounts of mercury emitted NSPS subpart OOO. mercury HAP metals. As previously reinforce the Agency’s technical In one approach to estimating the described in this preamble, the MACT determinations that control via number of MPO at lime manufacturing floor PM emission limit for lime kilns substitutions of feed or fuel are neither plants that are subject to the NSPS and coolers at existing lime feasible nor likely to be effective since subpart OOO, we estimate that there are manufacturing plants would be 0.12 lb random variability in these feed and 104 lime manufacturing plants in the PM/ton limestone. This determination fuels will likely result in equal amounts U.S., and that at least seven of these was based on the median approach, i.e., of mercury being emitted in any case. were built after August 31, 1983. All of on the third best kiln permit limit of Indeed, it is the Agency’s view that not the MPO associated with these new, 0.12 lb PM/ton limestone. For kilns at even a single source could reliably greenfield lime manufacturing plants new lime manufacturing plants, MACT duplicate its own performance for that were built after August 31, 1983, is based on the best controlled similar mercury due to the small amounts would be subject to the NSPS subpart source, which is the kiln permitted at emitted and the random variability of OOO. Therefore, at least 6.7 percent (7/ the lowest emission limit (i.e., 0.10 lb fuels and feed. 104) of the MPO are subject to the NSPS PM/ton limestone). Test data for this subpart OOO, enough for the NSPS kiln indicated that the emission level 3. PM and Opacity From MPO subpart OOO to serve as a basis for the was 0.0925 lb PM/ton, demonstrating There are numerous types of MPO MACT floor. that this permit limit is indeed such as grinding mills, storage bins, In another approach to estimating the achievable, and that the permit level conveying systems (such as bucket percentage of lime manufacturing plant reasonably approximates the level of elevators and belt conveyors), transfer MPO that are subject to the NSPS performance that is consistently points, and screening operations at each subpart OOO, our information shows achievable by this kiln (so that a lower lime manufacturing plant. We that at least 31 lime kilns were floor level would not be technically investigated whether there were any constructed after August 31, 1983, out of justified). Therefore, the emission limit MPO subject to standards more stringent a total of about 257 lime kilns in the for kilns and coolers at a new lime than the NSPS subpart OOO, or U.S. Assuming that the MPO associated manufacturing plant is 0.10 lb/ton stone otherwise performing with consistently with these new lime kilns are also new, feed. As with the existing sources, this lower emissions than required by the we estimate that 12.1 percent (31/257) emission limit applies to the combined NSPS (i.e., performing at a lower level of the MPO are subject to the NSPS emissions from all of the kilns and without being subject to a regulatory subpart OOO. coolers at a new lime manufacturing limit), that would serve as a basis for a Thus, with either approach to plant. MACT floor. To this end, we reviewed estimating the number of MPO at lime As previously described and for the the applicable requirements for lime manufacturing plants that are subject to same reasons that there is no MACT manufacturing plants located in the NSPS subpart OOO, there are floor for mercury for kilns at existing nonattainment areas for PM10 enough to support a MACT floor lime manufacturing plants, and the
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beyond-the-MACT-floor options mercury-bearing waste stream to be to coal), may result in lower lime kiln considered for kilns at existing lime disposed of.) The few mercury metals emissions. However, there are manufacturing plants are not justified, emissions data available (four data insufficient data available to quantify there is no MACT for mercury for kilns points) range from 0.7 to 2.5 what the emissions reductions would at new sources. micrograms/dry standard cubic meter be, since as we described above, lime (referenced to 7 percent oxygen). These F. What Control Options Beyond the kiln metals emissions also originate uncontrolled levels are 10 to 100 times MACT Floor Did We Consider? from the limestone feed material. lower than the mercury emission Further, natural gas is not readily Raw material feed or fuel switching standards established for various types available throughout the U.S. (i.e., the may be considered potential beyond- of waste combustors and translate to an infrastructure for its delivery (pipelines, the-floor options for mercury, but as average annual emission rate of pumping stations, etc.)) and may not be previously stated, no data or approximately 1 lb/year per lime kiln. available for all locations where lime information is available indicating that Thus, this beyond-the-floor-control manufacturing plants exist. Further, the a certain type of limestone or source of option would not be cost-effective cost of using natural gas may be limestone has a lower concentration of because of the low emissions reductions prohibitively expensive as the cost of mercury or is generally available expected and the high cost of control. natural gas continues to rise as the throughout the country. In addition, Further, use of activated carbon growing demand for it rises as well. We even if deposits of limestone with low generates an additional waste to be do not regard this as an available means levels of mercury were to be found, it disposed of, and there are increases in of control for this source category. See is unlikely that the limestone would be energy use associated with the also the discussion above as to why the in close proximity to the majority of technology. After considering cost, use of natural gas is not a viable control lime manufacturing plants in the U.S. energy, and non-air human health and option for mercury; this rationale also and, thus, the cost of transporting the environmental impacts, our initial applies to the use of natural gas as a limestone to lime manufacturing plants conclusion is that basing beyond-the- beyond-the-floor option for PM and would be prohibitively expensive. floor standards for mercury on use of non-mercury HAP metals. (There would also be increased energy activated carbon is not warranted. Consequently, we are not proposing any use associated with this option in the For HAP metal (PM) emissions from beyond-the-floor standard for HAP form of increased fuel use to transport the kiln and MPO, no technologies were metal control based on requiring the use raw materials.) Most, if not all, lime identified that would perform better of natural gas rather than other fossil manufacturing plants are sited and than the technologies representative of fuels. located adjacent to or in close proximity the MACT floors that were determined. to their source of limestone (usually a Raw material feed or fuel switching is Therefore, the Agency is proposing quarry or mine) to avoid the high cost not a beyond-the-MACT-floor option for that the floor standard for mercury of transporting the material. PM control from lime kilns, for reasons reflect no existing reduction and after Regarding fuel switching as a possible similar as to why it is not an option for considering the factors set out in CAA mercury MACT floor or beyond-the- mercury control. Regarding feed section 112 (d)(2), that no beyond-the- MACT-floor option for existing or new material switching, no data or floor alternatives are achievable. kilns, using a fuel with a lower level of information is available indicating that G. How Did We Select the Format of the mercury, such as natural gas (instead of using a certain type or source of Proposed Rule? coal), may result in lower lime kiln limestone would have a lower HAP mercury emissions. However, there are metals content or would lead to reduced The formats selected for the proposed no data available to quantify what the PM emissions. We do not believe that emission limits vary according to the emissions reductions would be since such deposits of limestone exist or that emission source, pollutant, and the our analysis indicates that most mercury use of a certain type of limestone would MACT basis for the limits. The formats emissions originate from the limestone consistently result in lower PM or selected include a production-based feed material (compared with coal), and metals emissions. Further, assuming emission limit, pollutant concentration so the emissions reductions that would there was a widespread source of limits, and opacity limits. be achieved via switching from coal to limestone with a lower HAP metals For the kiln PM standard, the ‘‘lb PM/ natural gas are uncertain. content (which is highly unlikely), it is ton limestone’’ format was selected to be Further, as explained above, natural unclear that this would lead to lower consistent with the NSPS for lime gas is not readily available throughout HAP metals emissions (or what the manufacturing plants, 40 CFR 60, the U.S. (i.e., the infrastructure for its reductions of the HAP metals emissions subpart HH. This format also encourages delivery (pipelines, pumping stations, would be) since HAP metals emissions kiln energy efficiency. A more energy etc.)), is not available for all locations from lime kilns would also originate where lime manufacturing plants exist, from the fuel. In addition, even if efficient kiln emits less exhaust gas per and is not expected to be economically deposits of limestone with low levels of ton of limestone processed, which available to build such infrastructure HAP metals or a lower PM-producing results in a higher gas concentration of throughout the U.S. limestone were to be found, the cost of PM compared to a less energy efficient We considered another beyond-the- transporting the limestone to lime kiln for the same amount of lime MACT-floor option based on activated manufacturing plants would be produced and PM emitted. A carbon injection—a mercury control prohibitively expensive. In addition, as concentration format (e.g., grains PM/ technology currently used on various noted earlier, there would be increased dry standard cubic foot) would penalize types of waste combustors. However, energy usage associated with the more energy efficient kilns. based on the already relatively low transport of large amounts of raw For the PM and opacity standards for levels of mercury emissions from lime materials. MPO, a concentration format for PM and kilns, we expect that relatively low Regarding fuel switching as a possible the opacity limit requirements were emissions reductions would be achieved beyond-the-MACT-floor option for HAP selected to be consistent with the NSPS from this technology. (Use of activated metals, using a fuel with a lower level for nonmetallic minerals processing, 40 carbon injection also generates a of metals, such a natural gas (compared CFR part 60, subpart OOO.
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H. How Did We Select the Test Methods drop and flow rate are the scrubber the available data for lime kilns, and and Monitoring Requirements for operating parameters most often any additional emissions reductions Determining Compliance With the monitored and provide an indication of that could be expected as a result of Proposed Rule? the scrubber’s performance and using a PM CEMS. consequently PM emissions as well. For We have continued to learn about the 1. PM From the Kiln and Cooler continuous compliance demonstrations, capabilities and performance of PM Today’s proposed rule would require you would be required to maintain the CEMS through performing and you to conduct a PM performance test 3-hour rolling average pressure drop witnessing field evaluations and and concurrently measure the stone feed and flow rate greater than or equal to the through discussions with our European rate to the kiln during the test. If you operating limit established for these counterparts. We believe there is sound operate a lime cooler associated with parameters during the performance test. evidence that PM CEMS should work on the kiln being tested that has a separate You would be required to collect and lime kilns. See the revisions we made to exhaust to the atmosphere, you would reduce the data as previously described. the performance specification for PM be required to conduct a Method 5 (40 For kilns and lime coolers (if the CEMS (Performance Specification 11 CFR part 60, appendix A–3) test on the cooler has a separate exhaust to the (PS–11), 40 CFR part 60, appendix B, cooler’s exhaust concurrently with the atmosphere) controlled by a FF, if you and Procedure 2, 40 CFR part 60, kiln Method 5 test. Method 5 is the choose not to use a COMS, you would appendix F) at 66 FR 64176, December long-standing EPA method for be required to install a BLDS. These 12, 2001. measuring PM emissions from systems are usually based on either During the review of a draft of the stationary sources. triboelectric, electrodynamic, or light proposed rule by the SBAR Panel, small For each kiln with an ESP, if you scattering technology and provide an entity representatives and some Panel choose to monitor ESP operating indication of relative changes in particle members requested that we consider parameters in lieu of using a PM mass loading. Leaks in filter bags or allowing COMS in lieu of requiring detector or a COMS, you would be similar failures can be detected early BLDS and other monitoring required to collect and record the input enough to warn if additional inspection requirements for PM. The proposed rule voltage and current to each electrical and preventative maintenance are would allow the use of COMS as an field of the ESP during the PM needed to avoid major FF failures and alternative to BLDS, PM detectors, or performance test, and then determine excessive emissions. When the system the monitoring of ESP operating the 3-hour operating limit for each detects an increase in relative PM parameters. However, we request parameter for each electrical field based emissions greater than a preset level, an summary data on lime kiln opacity on these data. We expect that most lime alarm sounds automatically. The FF levels measured with a COMS, and we manufacturing plants with ESP already would be required to then be inspected request information on the applicability, monitor the electrical current and to determine if corrective action is advantages, and disadvantages of using voltage, which provides an indication of necessary. We believe that the COMS and BLDS (such as each the ESP performance and consequently monitoring of PM via BLDS is more method’s sensitivity or lack of PM emissions as well. For continuous appropriate, i.e., a better technique, than sensitivity, availability and quality of compliance demonstrations, you would monitoring FF operating parameters promulgated or approved specifications be required to maintain the 3-hour such as pressure drop. Some other and procedures to verify initial rolling average current and voltage MACT standards require the use of performance, potential interferences or input to each electrical field of the ESP these types of monitors. other quality assurance problems, greater than or equal to the average It should be noted that BLDS would inapplicability to certain APCD designs current and voltage input to each field also be required on positive pressure FF, or configurations, cost, and precision of the ESP as established during the which typically have multiple stacks. and accuracy relative to the operating performance test. You would be We specifically seek comment on the system to be monitored and the required to collect and reduce the data feasibility, practicality, and cost of using standards to be proposed). as previously described. A 3-hour BLDS for these types of FF; and on The proposed rule would allow rolling average was selected to be alternative monitoring options for sources with FF or ESP to comply with consistent with the usual 3-hour time positive pressure FF that will provide a a 15 percent opacity operating limit, as required for the PM test (three test runs continuous indication of a kiln or an alternative to using a BLDS, a PM of at least 1 hour). cooler’s compliance status with regard detector, or the use of ESP operating You would also have the option of to PM. We also seek comment on parameters. We request comment on monitoring PM emissions from an ESP whether EPA Method 9, 40 CFR part 60, using a COMS to monitor opacity as an with a PM detector, in lieu of appendix A–4 (manual observation of emission limit (which would act as a monitoring ESP parameters. Sources opacity) should be allowed in lieu of surrogate for HAP metals emissions), may determine that this would allow BLDS for positive pressure FF. rather than as an operating limit, and them greater operational flexibility. We are soliciting comment on what an appropriate MACT floor These devices would be similar to the requiring the application of PM opacity limit would be. The range of BLDS for FF, which are discussed continuous emission monitoring opacity levels under consideration as below, but they are based on light systems (CEMS) as a method to assure the MACT floor opacity limit for lime scattering technology (and not the continuous compliance with the kilns would be between 10 and 15 triboelectric technology). proposed PM emission limits for lime percent. Sensitivity for COMS is For each kiln with a wet scrubber, you kilns and coolers. Specifically, we are dependent on the path length that the would be required to collect and record soliciting comment on the cost of PM light beam measures; the longer the path the exhaust gas stream pressure drop CEMS, and the relation of a PM CEMS length, the more sensitive the across the scrubber and the scrubber requirement to the PM emission limits measurement. Performance liquid flow rate during the PM that are proposed today. This includes Specification 1 (PS–1), 40 CFR part 60, performance test, and then establish the the level and averaging time of a CEMS- Appendix B, gives the performance 3-hour operating limit for each of these based PM emission limit, the criteria for COMS used to measure parameters based on the data. Pressure methodology for deriving the limit from opacity for opacity limitation standards
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but we recognize that there are potential way (i.e., similar to how a BLDS would may be more suitable, such as measurement errors associated with be used). However, we solicit comment provisions from proposed EPA Methods monitoring opacity in stacks, especially on this option, specifically including 203A, 203B, and/or 203C, 58 FR 61640, for emission units subject to opacity comments regarding the opacity levels January 6, 1994. limits less than 10 percent. The expected from a kiln in compliance with For MPO subject to a PM emission uncertainties in measurement accuracy the proposed PM limit and the limit and controlled by a wet scrubber, result from the following: (1) The sensitivity of COMS at those levels. unavailability of calibration attenuators In accordance with the SBAR Panel’s you would be required to collect and for opacity levels below 6 percent; (2) recommendations, we request comment record the exhaust gas stream pressure the error associated with the calibration on whether the proposed rule should drop across the scrubber and the error allowances, the zero and upscale specify separate, longer averaging time scrubber liquid flow rate during the PM drift specifications, the mandatory drift periods (or greater frequencies of performance test and then establish the adjustment levels, and the imprecision occurrence) for demonstrating 3-hour operating limit for each of these associated with the allowed compliance with operating parameter parameters based on the data. Pressure compensation for dirt accumulation; limits, or other alternative approaches drop and flow rate provide an and (3) the minimum full scale range of for demonstrating compliance with indication of the scrubber’s performance 80 percent required of COMS in PS–1. operating parameter limits. For and consequently PM emissions as well. Because of these aforementioned example, the Panel recommended that For MPO subject to opacity we request comment on an approach for limitations, COMS are generally limitations which do not use a wet considered good ‘‘catastrophic’’ control demonstrating compliance involving scrubber control device, you would be equipment indicators using opacity two tiers of standards for monitoring required to conduct a 1-minute visible generally above levels greater than 10 operating parameters whereby, if the percent opacity. conditions of the first monitoring tier emissions check of each emission unit A 15 percent opacity level is the are exceeded, the facility operator similar to the requirements under opacity limit under the NSPS for lime would be required to implement Method 22, 40 CFR part 60, appendix kilns (40 CFR part 60, subpart HH) and corrective actions specified in an A7. The frequency of these checks is based on a preliminary analysis, may established plan to bring the operating monthly but diminishes for the also be the median opacity permit limit parameter levels back to established emission unit if no visible emissions are for the six top performing lime kilns. In levels and, if the conditions of the observed. If visible emissions are addition, the NLA provided information second tier are exceeded, the observed during any visible emissions indicating that the opacity level of one exceedance would constitute a violation check, you would be required to of the top performing lime kilns (in of the standard in question. conduct a 6-minute test of opacity in terms of PM emissions and permit limit) The SBAR Panel recommended that accordance with Method 9 of appendix often varies between 10 and 15 percent. we take comment about the suitability A to part 60 of this chapter. The Method Finally, we acknowledge that other of other PM control device operating 9 test would be required to begin within MACT standards, such as the Petroleum parameters that could be monitored to 1 hour of any observation of visible Refinery MACT (67 FR 17761) and the demonstrate compliance with the PM emissions and the 6-minute opacity emission limits in lieu of or in addition Secondary Aluminum MACT (65 FR reading would be required to not exceed 15690), have allowed the use of COMS. to the parameters proposed in today’s the applicable opacity limit. Due to the In the Petroleum Refinery MACT, the rule. For example, small entity many MPO at each lime manufacturing rule allows sources the option to representatives suggested that for comply with the NSPS (40 CFR part 60, scrubber-equipped kilns, we should plant, this type of periodic monitoring subpart J) emission limitations (which consider allowing the monitoring of for opacity was selected. This periodic includes various opacity limits for parameters such as wet scrubber water approach to monitoring rewards sources certain emission units) in order to pump amperage and wet scrubber that have no visible emissions by comply with the MACT standard. exhaust gas outlet temperature in lieu of allowing the frequency of testing to be Another approach to using a COMS scrubber liquid flow rate. In addition, reduced. Finally, this monitoring that was raised by some SBAR Panel sources may request approval of approach (visual observations of opacity members was to use it in a way similar alternative monitoring methods instead of continuous opacity to how a BLDS would be used to according to section 40 CFR 63.8(f). monitoring systems) is similar to the indicate the need for inspection and 2. PM From MPO monitoring regime used in the NSPS maintenance of the PM control device. subpart OOO, which is the basis for Under this approach, we would specify Since the MACT basis for these MACT. Although we are not compelled a time period over which a significant emission units is the NSPS subpart to use identical monitoring regimes, we increase in opacity level would trigger OOO, the performance test requirements believe it is appropriate to do so here inspection of the PM control device for for PM, opacity, and visible emissions because it will ‘‘reasonably ensure are based in part on those in the NSPS leaks or other malfunctions and compliance with the standard.’’ See subpart OOO, with additional maintenance (if needed). We recognize National Lime, 233 F. 3d at 635. that the COMS currently being used in requirements as well. Further, as is the lime manufacturing industry have a required under the NSPS subpart OOO, 3. Other General Requirements potential for error at opacities below 10 the proposed rule would require the percent, and that the relevant range of performance test measurement of The operations, maintenance, and opacities for the aforementioned opacity from certain MPO, including monitoring plan would be required to application would be below 10 percent. fugitive emission units, using EPA ensure effective performance of the air If COMS were allowed under the final Method 9, 40 CFR part 60, appendix A. pollution control devices, monitoring rule, we would prefer to set an opacity We request comment on the suitability equipment (including bag leak and PM limit because of the COMS’ ability to of using Method 9 for fugitive emission detection equipment), and to minimize directly measure opacity, instead of units, and whether other visual opacity malfunctions. using the COMS in the aforementioned measurement methods or techniques
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IV. Summary of Environmental, Energy B. What Are the Air Quality Impacts? proposed standards would reduce PM and Economic Impacts emissions by about 14,000 Mg/yr We estimate that all sources (not (16,000 tons/yr) from a baseline level of A. How Many Facilities Are Subject to including lime manufacturing plants at 29,000 Mg/yr (32,000 tons/yr), and the the Proposed Rule? beet sugar factories) in the lime proposed standards would reduce SO2 There are approximately 110 lime manufacturing source category emissions by about 3,400 Mg/yr (3,700 manufacturing plants in the U.S., not collectively emit approximately 9,700 tons/yr) from a baseline of 128,000 Mg/ including lime production facilities at Mg/yr (10,700 tons/yr) of HAP. These yr (141,000 tons/yr). The roughly 2 pulp and paper mills. About 30 of these HAP estimates include emissions of HCl percent decrease in HCl and SO2 110 plants are located at beet sugar and HAP metals from existing sources emissions is the projected result of manufacturing facilities which would and projected new sources over the next uncontrolled sources installing not be subject to the proposed rule. We 5 years. We estimate that the proposed baghouses to comply with the proposed estimate that 70 percent of the standards would reduce HAP metals PM standards. remaining 80 lime manufacturing plants emissions from the lime manufacturing Tables 1 and 2 summarize the would be major sources, co-located with source category by about 21 Mg/yr (23 baseline emissions and emissions major sources, or part of major sources, tons/yr), and would reduce HCl reductions (or increases, in parentheses) and, thus, 56 lime manufacturing plants emissions by about 213 Mg/yr (235 tons/ estimates, in English and Metric units, would be subject to this proposed rule. yr). In addition, we estimate that the respectively.
TABLE 1.—TOTAL NATIONAL BASELINE EMISSIONS AND EMISSIONS REDUCTIONS FOR BOTH NEW AND EXISTING LIME MANUFACTURING PLANTS [English Units]
Emissions PM HAP metals HCl SO2 (tons/yr) (tons/yr) (tons/yr) (tons/yr)
Baseline emissions—existing sources ...... 24,352 31.5 8,541 112,198 Baseline emissions—new sources ...... 7,508 10.1 2,161 28,779 Total baseline emissions ...... 31,861 41.6 10,702 140,977 Emissions reductions— existing sources ...... 12,407 17.7 235 3,700 Emissions reductions—new sources ...... 3,154 5.4 0 0 Total emissions reductions ...... 15,561 23 235 3,700
TABLE 2.—TOTAL NATIONAL BASELINE EMISSIONS AND EMISSIONS REDUCTIONS FOR BOTH NEW AND EXISTING LIME MANUFACTURING PLANTS [Metric Units]
Emissions PM HAP metals HCl SO2 (Mg/yr) (Mg/yr) (Mg/yr) (Mg/yr)
Baseline emissions—existing sources ...... 22,093 28.6 7,748 101,787 Baseline emissions—new sources ...... 6,811 9.2 1,961 26,108 Total baseline emissions ...... 28,904 38 9,709 127,895 Emissions reductions—existing sources ...... 11,256 16 213 3,356 Emissions reductions—new sources ...... 2,861 4.9 0 0 Total emissions reductions ...... 14,117 21 213 3,356
C. What Are the Water Impacts? 16,000 tons/yr of additional solid waste is associated with complying with the We expect overall water consumption would be generated as a result of today’s PM standards for new sources. proposed rule. This estimate does not for existing sources to increase by about F. What Are the Cost Impacts? 4,200 million gallons per year from include consideration that some of this current levels as a result of the proposed would most likely be recycled directly The estimated total national capital rule. This estimate is based on the to the lime kiln as feedstock or sold as cost of today’s proposed rule is $24.2 assumption that sources will replace byproduct material (agricultural lime). million (for large businesses) plus $11.9 existing wet scrubbers with new, more E. What Are the Energy Impacts? million for small businesses for a total efficient venturi wet scrubbers (that of $36.1 million. This capital cost require more water flow rate) to comply We expect electricity demand from applies to projected new and existing with the PM standards. For new existing sources to increase by about 7.2 sources and includes the cost to sources, we expect no additional water million kilowatt-hours/yr (kWh/yr) as a purchase and install emissions control consumption as we do not expect new result of the proposed rule. This equipment (e.g., existing PM control sources to install wet scrubbers for PM estimate is based on the assumption that equipment upgrades), monitoring control. sources will replace existing wet equipment (the cost of the rule is scrubbers with new, more efficient estimated assuming bag leak and PM D. What Are the Solid Waste Impacts? venturi wet scrubbers (that require more detectors would be installed on all lime As a result of the proposed rule, solid electricity). For new sources, we expect kilns located at major sources, although waste would be generated as additional an increase in electricity usage of about other monitoring options are available, PM is collected in complying with the 0.1 million kWh/yr as a result of the such as COMS), the costs of initial PM standards. We estimate that about proposed rule. This electricity demand performance tests, and emissions tests
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to measure HCl to determine whether a (2) Create a serious inconsistency or to which the concerns of State and local source is a major source and hence otherwise interfere with an action taken officials have been met. Also, when we subject to the standards. or planned by another agency; transmit a draft final rule with The estimated annualized costs of the (3) Materially alter the budgetary federalism implications to OMB for proposed standards are $22.4 million. impact of entitlements, grants, user fees, review pursuant to Executive Order The annualized costs account for the or loan programs, or the rights and 12866, we would be required to include annualized capital costs of the control obligation of recipients thereof; or a certification from the Agency’s and monitoring equipment, operation (4) Raise novel legal or policy issues Federalism Official stating that we have and maintenance costs, periodic arising out of legal mandates, the met the requirements of Executive Order monitoring of materials handling President’s priorities, or the principles 13132 in a meaningful and timely operations, and annualized costs of the set forth in the Executive Order. manner. Pursuant to the terms of Executive initial emissions testing. The proposed rule does not have Order 12866, OMB has notified EPA federalism implications. It will not have G. What Are the Economic Impacts? that it considers this a ‘‘significant substantial direct effects on the States, regulatory action’’ within the meaning The results of our economic impact on the relationship between the national of the Executive Order. The EPA has analysis indicate the average price per government and the States, or on the submitted the action to OMB for review. ton for lime would increase by 2.1 distribution of power and Changes made in response to OMB percent (or $1.17 per metric ton) as a responsibilities among the various suggestions or recommendations will be result of the proposed standard for lime levels of government, as specified in documented in the docket (see manufacturers. Overall lime production Executive Order 13132. The proposed ADDRESSEES section of this preamble). is projected to decrease by 1.8 percent rule would not impose directly as a result of the proposed standard. B. Executive Order 13132, Federalism enforceable requirements on States, nor Because of the uncertainty of control Executive Order 13132, entitled would it preempt them from adopting cost information for large firms, we ‘‘Federalism’’ (64 FR 43255, August 10, their own more stringent programs to accounted for these firms as a single 1999), requires us to develop an control emissions from lime aggregate firm in the economic model, accountable process to ensure manufacturing facilities. Moreover, so it is not plausible to estimate closures ‘‘meaningful and timely input by State States are not required under the CAA for large firms. However, among the 19 and local officials in the development of to take delegation of federal NESHAP small firms in this industry, we project regulatory policies that have federalism and bear their implementation costs, that two firms are at risk for closure. implications.’’ ‘‘Policies that have although States are encouraged and Based on the market analysis, we federalism implications’’ is defined in often choose to do so. Thus, Executive project the annual social costs of the the Executive Order to include Order 13132 does not apply to the proposed rule to be $20.2 million. As a regulations that have ‘‘substantial direct proposed rule. Although it does not result of higher prices and lower effects on the States, on the relationship apply to the proposed rule, we have consumption levels, we project the between the national government and coordinated with State and local consumers of lime (both domestic and the States, or on the distribution of officials in the development of the foreign) would lose $19.7 million power and responsibilities among the proposed rule and we are providing annually, while domestic producer various levels of government.’’ them an opportunity for comment. A surplus would decline by $0.8 million. Under Section 6 of Executive Order summary of the concerns raised during Foreign producers would gain as a 13132, we may not issue a regulation the notice and comment process and our result of the proposed regulation with that has federalism implications, that response to those concerns will be profit increasing by $0.2 million. For imposes substantial direct compliance provided in the final rulemaking notice. more information regarding the costs, and that is not required by statute, In the spirit of Executive Order 13132, economic impacts, consult the unless the Federal government provides and consistent with EPA policy to economic impact analysis in the docket the funds necessary to pay the direct promote communications between EPA for this rule. compliance costs incurred by State and and State and local governments, EPA V. Administrative Requirements local governments, or we consult with specifically solicits comment on the State and local officials early in the proposed rule from State and local A. Executive Order 12866, Regulatory process of developing the proposed officials. Planning and Review regulation. We also may not issue a C. Executive Order 13175, Consultation Under Executive Order 12866 (58 FR regulation that has federalism and Coordination With Indian Tribal 51735, October 4, 1993), we would be implications and that preempts State Governments required to determine whether the law unless the Agency consults with regulatory action is ‘‘significant’’ and State and local officials early in the Executive Order 13175, entitled therefore subject to review by the Office process of developing the proposed ‘‘Consultation and Coordination with of Management and Budget (OMB) and regulation. Indian Tribal Governments’’ (65 FR the requirements of the Executive Order. If we comply by consulting, Executive 67249, November 9, 2000), requires EPA The Executive Order defines Order 13132 requires us to provide to to develop an accountable process to ‘‘significant regulatory action’’ as one OMB, in a separately identified section ensure ‘‘meaningful and timely input by that is likely to result in a rule that may: of the preamble to the rule, a federalism tribal officials in the development of (1) Have an annual effect on the summary impact statement (FSIS). The regulatory policies that have tribal economy of $100 million or more or FSIS would be required to include a implications.’’ This proposed rule does adversely affect in a material way the description of the extent of our prior not have tribal implications, as specified economy, a sector of the economy, consultation with State and local in Executive Order 13175. There are no productivity, competition, jobs, the officials, a summary of the nature of lime manufacturing plants located on environment, public health or safety, or their concerns and the agency’s position tribal land. Thus Executive Order 13175 State, local, or tribal governments or supporting the need to issue the does not apply to the proposed rule. The communities; regulation, and a statement of the extent EPA specifically solicits additional
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comment on the proposed rule from rule an explanation why that alternative After considering the economic tribal officials. was not adopted. Before we establish impacts of today’s proposed rule on any regulatory requirements that may small entities, I certify that this action D. Executive Order 13045, Protection of significantly or uniquely affect small will not have a significant economic Children From Environmental Health governments, including tribal impact on a substantial number of small Risks and Safety Risks governments, we would be required to entities. Despite the determination that Executive Order 13045 (62 FR 19885, have developed under section 203 of the the proposed rule would have no April 23, 1997) applies to any rule that: UMRA a small government agency plan. significant impact on a substantial (1) Is determined to be ‘‘economically The plan would be required to provide number of small entities, EPA prepared significant’’ as defined under Executive for notifying potentially affected small a Small Business Flexibility Analysis Order 12866, and (2) concerns an governments, enabling officials of that has all the components of an initial environmental health or safety risk that affected small governments to have regulatory flexibility analysis (IRFA). we have reason to believe may have a meaningful and timely input in the An IRFA examines the impact of the disproportionate effect on children. If development of our regulatory proposals proposed rule on small entities along the regulatory action meets both criteria, with significant Federal with regulatory alternatives that could we would be required to evaluate the intergovernmental mandates, and reduce that impact. The Small Business environmental health or safety effects of informing, educating, and advising Flexibility Analysis (which is included the planned rule on children, and small governments on compliance with in the economic impact analysis) is explain why the planned regulation is the regulatory requirements. available for review in the docket, and preferable to other potentially effective We have determined that the is summarized below. and reasonably feasible alternatives proposed rule does not contain a Based on SBA’s size definitions for considered by us. Federal mandate that may result in the affected industries and reported We interpret Executive Order 13045 expenditures of $100 million or more by sales and employment data, EPA as applying only to those regulatory State, local, and tribal governments, in identified 19 of the 45 companies actions that are based on health or safety the aggregate, or the private sector in owning potentially affected facilities as risks, such that the analysis required any 1 year. The total cost to the private small businesses. Eight of these 45 under section 5–501 of the Executive sector is approximately $22.4 million companies manufacture beet sugar Order has the potential to influence the per year. The proposed rule contains no (which would not be subject to this regulation. The proposed rule is not mandates affecting State, local, or tribal proposed rule), three of which are small subject to Executive Order 13045 governments. Thus, today’s proposed firms. Further, an additional 3 of the 19 because it is based on technology rule is not subject to the requirements small companies would not be subject performance and not on health or safety of sections 202 and 205 of the UMRA. to the proposed rule because they do not risks. Additionally, the proposed rule is We have determined that the manufacture lime in a kiln (e.g., they are not economically significant as defined proposed rule contains no regulatory only depot or hydration facilities), and/ by Executive Order 12866. requirements that might significantly or or we do not expect them to be major E. Unfunded Mandates Reform Act of uniquely affect small governments sources. It is therefore expected that 13 1995 because it contains no requirements that small businesses would be subject to apply to such governments or impose this proposed rule. Although small Title II of the Unfunded Mandates obligations upon them. businesses represent 40 percent of the Reform Act of 1995 (UMRA), Public companies within the source category, Law 104–4, establishes requirements for F. Regulatory Flexibility Act (RFA), as Amended by the Small Business they are expected to incur 30 percent of Federal agencies to assess the effects of the total industry annual compliance their regulatory actions on State, local, Regulatory Enforcement Fairness Act (SBREFA) of 1996, 5 U.S.C. 601 et seq. costs of $22.4 million. and tribal governments and the private The economic impact analysis we sector. Under section 202 of the UMRA, The RFA generally requires an agency prepared for this proposed rule includes we generally would be required to to prepare a regulatory flexibility an estimate of the changes in product prepare a written statement, including a analysis of any rule subject to notice price and production quantities for the cost-benefit analysis, for proposed and and comment rulemaking requirements firms that this proposed rule would final rules with ‘‘Federal mandates’’ that under the Administrative Procedure Act affect. The analysis shows that of the may result in expenditures by State, or any other statute unless the agency facilities owned by potentially affected local, and tribal governments, in certifies that the rule will not have a small firms, two may shut down rather aggregate, or by the private sector, of significant economic impact on a than incur the cost of compliance with $100 million or more in any 1 year. substantial number of small entities. the proposed rule. Because of the nature Before promulgating an EPA rule for Small entities include small businesses, of their production processes and which a written statement is needed, small organizations, and small existing controls, we expect these two section 205 of the UMRA generally governmental jurisdictions. For firms will incur significantly higher requires us to identify and consider a purposes of assessing the impacts of compliance costs than the other small reasonable number of regulatory today’s proposed rule on small entities, firms. alternatives and adopt the least-costly, a small entity is defined as (1) A small Although any facility closure is cause most cost-effective, or least-burdensome business as a lime manufacturing for concern, it should be noted that in alternative that achieves the objectives company with less than 500 employees; general, the burden on most small firms of the rule. The provisions of section (2) a small governmental jurisdiction is low when compared to that of large 205 do not apply when they are that is a government of a city, county, firms. The average annual compliance inconsistent with applicable law. town, school district or special district costs for all small firms is $358,000, Moreover, section 205 allows us to with a population of less than 50,000; compared to $592,000 per year for large adopt an alternative other than the least- and (3) a small organization that is any firms. If the two small firms expected to costly, most cost-effective, or least- not-for-profit enterprise which is incur significantly higher control costs burdensome alternative if the independently owned and operated and are excluded, the average annual Administrator publishes with the final is not dominant in its field. compliance cost for the remaining firms
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would be $205,000, which is much less The Panel considered numerous Response: Today’s preamble includes than the average control costs for large regulatory flexibility options in this language. firms. response to concerns raised by the SER. • Recommend that we solicit The EPA’s efforts to minimize small The major concerns included the comment on providing the option of business impacts have materially affordability and technical feasibility of using COMS in place of BLDS; improved today’s proposal. Economic add-on controls. recommend that we solicit comment on analysis of provisions under earlier These are the Panel recommendations various approaches to using COMS; and consideration for inclusion in this and EPA’s responses: recommend soliciting comment on what proposed rule indicated greater impacts • Recommend that the proposed rule an appropriate opacity limit would be. on small businesses than those should not include the HCl work Response: The preamble solicits proposed today. For the small practice standard, invoking section comment on these issues. companies expected to incur 112(d)(4) of CAA. • Recommend that EPA take compliance costs, the average total Response: The proposal does not comment on other monitoring options annual compliance cost would have include an emission standard for HCl. or approaches, including the following: • been roughly $567,000 per small Recommend that in the proposed using longer averaging time periods (or company (compared with $358,000 in rule, the MPO in the quarry should not greater frequencies of occurrence) for today’s proposal). About 85 percent (11 be considered as emission units under demonstrating compliance with firms) of those small businesses the definition of affected source. parameter limits; demonstrating expected to incur compliance costs Response: The MPO in the quarry are compliance with operating parameter would have experienced an impact excluded from the definition of affected limits using a two-tier approach; and the greater than 1 percent of sales source. • suitability of other PM control device (compared with 69 percent of those Recommend that the proposed rule operating parameters that can be small businesses in today’s proposal). allow for the ‘‘bubbling’’ of PM monitored to demonstrate compliance And 77 percent (10 firms) of those small emissions from all of the lime kilns and with the PM emission limits, in lieu of businesses expected to incur coolers at a lime plant, such that the or in addition to the parameters compliance costs would have sum of all kilns’ and coolers’ PM currently required in the draft rule. experienced impacts greater than 3 emissions at a lime plant would be Response: Today’s preamble solicits percent of sales (compared with 31 subject to the PM emission limit, rather comment on these issues. than each individual kiln and cooler. percent of those small businesses in • Recommend that the incorporation today’s proposal). Response: The proposed rule defines by reference of Chapters 3 and 5 of the Before concluding that the Agency the affected source as including all kilns American Conference of Governmental could properly certify today’s rule and coolers (among other listed Industrial Hygienists (ACGIH) Industrial under the terms of the RFA, EPA emission units) at the lime Ventilation manual be removed from the conducted outreach to small entities manufacturing plant. This would allow proposed rule. and convened a Panel as required by the source to average emissions from the Response: Today’s proposed rule does section 609(b) of the RFA to obtain the kilns and coolers for compliance not include this requirement. advice and recommendations from determination. • representatives of the small entities that • Recommend that we request Recommend that EPA reevaluate potentially would be subject to the comment on establishing a subcategory the assumptions used in modeling the economic impacts of the standards and proposed rule requirements. The Panel because of the potential increase in SO2 convened on January 22, 2002, and was and HCl emissions that may result in conduct a sensitivity analysis using comprised of representatives from OMB, complying with the PM standard. different price and supply elasticities the SBA Office of Advocacy, the EPA Response: We are requesting comment reflective of the industry’s claims that Small Business Advocacy Chair, and the on this issue. there is little ability to pass on control Emission Standards Division of the • Recommend that we undertake an costs to their customers, and there is Office of Air Quality Planning and analysis of the costs and emissions considerable opportunity for product Standards of EPA. The Panel solicited impacts of replacing scrubbers with dry substitution in a number of the lime advice from eight small entity APCD and present the results of that industry’s markets. representatives (SER), including the analysis in the preamble; and that we Response: The EIA does include the NLA and member companies and non- request comment on any operational, aforementioned considerations and member companies of the NLA. On process, product, or other technical and/ analyses. January 30, 2002, the Panel distributed or spatial constraints that would In summary, to better understand the a package of descriptive and technical preclude installation of a dry APCD. implications of the proposed rule from materials explaining the rule-in-progress Response: We are requesting comment the industries’ perspective, we engaged to the SER. On February 19, 2002, the on these issues and have presented said with the lime manufacturing companies Panel met with the SER to hear their analysis. in an exchange of information, comments on preliminary options for • Recommend that the proposed rule including small entities, during the regulatory flexibility and related allow a source to use the ASTM HCl overall rule development. Prior to information. The Panel also received manual method for the measurement of convening the Panel, we had worked written comments from the SER in HCl for area source determinations. aggressively to minimize the impact of response to both the outreach materials Response: Today’s proposal includes the proposed rule on small entities, and the discussions at the meeting. this provision. consistent with our obligations under Consistent with RFA/SBREFA • Recommend that we clarify in the the CAA, and these pre-Panel efforts requirements, the Panel evaluated the preamble to the proposed rule that we have been discussed previously in this assembled materials and small-entity are not specifically requiring sources to preamble. These are summarized below. comments on issues related to the test for all HAP to make a determination 1. Lime manufacturing operations at elements of the initial RFA. A copy of of whether the lime plant is a major or beet sugar plants, of which three are the Panel report is included in the area source, and that we solicit public small businesses, would not be affected docket for the proposed rule. comment on related issues. sources.
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2. Lime manufacturing plants that EPA pursuant to the recordkeeping and consider the paperwork burden imposed produce hydrated lime only would not reporting requirements for which a by any information collection request in be affected sources as well. claim of confidentiality is made is a proposed or final rule. 3. We are proposing PM emission safeguarded according to Agency Comments are requested on the limits which allow the affected source, policies set forth in 40 CFR part 2, Agency’s need for this information, the including small entities, flexibility in subpart B. accuracy of the provided burden choosing how they will meet the The proposed rule would require estimates, and any suggested methods emission limit. And in general, the development and implementation of an for minimizing respondent burden, emission limitations selected are all operations, maintenance, and including through the use of automated based on the MACT floor, as opposed to monitoring plan, which would include collection techniques. By U.S. Postal more costly beyond-the-MACT-floor inspections of the control devices but Service, send comments on the ICR to options that we considered. An would not require any notifications or the Director, Collection Strategies emission limit for mercury was rejected reports beyond those required by the Division, U.S. EPA (2822T), 1200 since it would have been based on a NESHAP General Provisions (40 CFR Pennsylvania Avenue, NW., Washington beyond-the-MACT-floor control option. part 63, subpart A). The recordkeeping DC 20460; or by courier, send comments 4. We are proposing that compliance requirements require only the specific on the ICR to the Director, Collection demonstrations for MPO be conducted information needed to determine Strategies Division, U.S. EPA (2822T), monthly rather than on a daily basis. We compliance. 1301 Constitution Avenue, NW., Room believe this will reduce the amount of The annual monitoring, reporting, and 6143, Washington DC 20460 ((202) 566– records needed to demonstrate recordkeeping burden for this collection 1700); and to the Office of Information compliance with the rule when (averaged over the first 3 years after the and Regulatory Affairs, OMB, 725 17th implemented. effective date of the rule) is estimated to Street, NW., Washington, DC 20503, 5. Furthermore, we are proposing the be 7,766 labor hours per year, at a total marked ‘‘Attention: Desk Officer for minimum performance testing annual cost of $621,673. This estimate EPA.’’ Include the ICR number in any frequency (every 5 years), monitoring, includes notifications that facilities are correspondence. Since OMB is required recordkeeping, and reporting subject to the rule; notifications of to make a decision concerning the ICR requirements specified in the general performance tests; notifications of between 30 and 60 days after December provisions (40 CFR part 63, subpart A). compliance status, including the results 20, 2002, a comment to OMB is best 6. Finally, many lime manufacturing of performance tests and other initial assured of having its full effect if OMB plants owned by small businesses compliance demonstrations that do not receives it by January 21, 2003. The would not be subject to the proposed include performance tests; startup, final rule will respond to any OMB or standards because they are area sources. shutdown, and malfunction reports; public comments on the information We continue to be interested in the semiannual compliance reports; and collection requirements contained in the potential impacts of the proposed rule recordkeeping. Total capital/startup proposal. on small entities and welcome costs associated with the testing, comments on issues related to such monitoring, reporting, and H. National Technology Transfer and impacts. recordkeeping requirements over the 3- Advancement Act year period of the ICR are estimated to Section 12(d) of the National G. Paperwork Reduction Act be $1,000,000, with annualized costs of Technology Transfer and Advancement The information collection $377,933. Act (NTTAA) of 1995 (Public Law No. requirements in the proposed rule have Burden means the total time, effort, or 104–113; 15 U.S.C. 272 note) directs the been submitted for approval to the financial resources expended by persons EPA to use voluntary consensus Office of Management and Budget under to generate, maintain, retain, or disclose standards in their regulatory and the Paperwork Reduction Act, 44 U.S.C. or provide information to or for a procurement activities unless to do so 3501 et seq. We have prepared an Federal agency. This includes the time would be inconsistent with applicable Information Collection Request (ICR) needed to: (1) Review instructions; (2) law or otherwise impractical. Voluntary document (2072.01), and a copy may be develop, acquire, install, and utilize consensus standards are technical obtained from Susan Auby by mail at technology and systems for the purposes standards (e.g., materials specifications, U.S. EPA, Office of Environmental of collecting, validating, and verifying test methods, sampling procedures, Information, Collection Strategies information, processing and business practices) developed or Division (2822T), 1200 Pennsylvania maintaining information, and disclosing adopted by one or more voluntary Avenue, NW., Washington DC 20460, by and providing information; (3) adjust consensus bodies. The NTTAA directs email at [email protected], or by the existing ways to comply with any EPA to provide Congress, through calling (202) 566–1672. You may also previously applicable instructions and annual reports to the OMB, with download a copy off the Internet at requirements; (4) train personnel to be explanations when an agency does not http://www.epa.gov/icr. The information able to respond to a collection of use available and applicable voluntary requirements are not effective until information; (5) search data sources; (6) consensus standards. OMB approves them. complete and review the collection of The proposed rule involves technical The information requirements are information; and (7) transmit or standards. The EPA cites the following based on notification, recordkeeping, otherwise disclose the information. standards in the proposed rule: EPA and reporting requirements in the An agency may not conduct or Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, NESHAP General Provisions (40 CFR sponsor, and a person is not required to 3, 3A, 3B, 4, 5, 5D, 9, 17, 18, 22, 320, part 63, subpart A), which are respond to, a collection of information 321. Consistent with the NTTAA, EPA mandatory for all operators subject to unless it displays a currently valid OMB conducted searches to identify national emission standards. These control number. The OMB control voluntary consensus standards in recordkeeping and reporting numbers for our regulations are listed in addition to these EPA methods. No requirements are specifically authorized 40 CFR part 9 and 48 CFR chapter 15. applicable voluntary consensus by section 114 of the CAA (42 U.S.C. Under the Paperwork Reduction Act, standards were identified for EPA 7414). All information submitted to the 44 U.S.C. 3501, et seq., the EPA must Methods 1A, 2A, 2D, 2F, 2G, 5D, 9, 22,
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and 321. The search and review results EPA will also cite Method 18 as a GC for permission to use alternative test have been documented and are placed option in addition to ASTM D6420–99. methods or alternative monitoring in the docket (A–95–41) for the This will allow the continued use of GC requirements in place of any of the EPA proposed rule. configurations other than GC/MS. testing methods, performance The three voluntary consensus The voluntary consensus standard specifications, or procedures. standards described below were ASTM D6735–01, ‘‘Standard Test identified as acceptable alternatives to Method for Measurement of Gaseous I. Executive Order 13211, Actions EPA test methods for the purposes of Chlorides and Fluorides from Mineral Concerning Regulations That the proposed rule. Calcining Exhaust Sources—Impinger Significantly Affect Energy Supply, The voluntary consensus standard Method,’’ is an acceptable alternative to Distribution or Use ASME PTC 19–10–1981-Part 10, ‘‘Flue EPA Method 320 for the purposes of the The proposed rule is not a and Exhaust Gas Analyses,’’ is cited in proposed rule provided that the ‘‘significant energy action’’ as defined in the proposed rule for its manual method additional requirements described in Executive Order 13211, ‘‘Actions for measuring the oxygen, carbon Section 63.7142 of the proposed rule are Concerning Regulations that dioxide, and carbon monoxide content also addressed in the methodology. Significantly Affect Energy Supply, of exhaust gas. This part of ASME PTC In addition to the voluntary Distribution, or Use’’ (66 FR 28355, May 19–10–1981-Part 10 is an acceptable consensus standards EPA uses in the 22, 2001) because it is not likely to have alternative to Method 3B. proposed rule, the search for emissions a significant adverse effect on the The voluntary consensus standard measurement procedures identified 15 supply, distribution, or use of energy. ASTM D6420–99, ‘‘Standard Test other voluntary consensus standards. Although compliance with the proposed Method for Determination of Gaseous The EPA determined that 12 of these 15 rule could possibly lead to increased Organic Compounds by Direct Interface standards identified for measuring electricity consumption as sources may Gas Chromatography-Mass emissions of the HAP or surrogates replace existing wet scrubbers with Spectrometry (GC/MS),’’ is appropriate subject to emission standards in the in the cases described below for proposed rule were impractical venturi wet scrubbers that require more inclusion in the proposed rule in alternatives to EPA test methods for the electricity, the proposed rule would not addition to EPA Method 18 codified at purposes of this rule. Therefore, EPA require that venturi scrubbers be 40 CFR part 60, appendix A, for the does not intend to adopt these standards installed, and in fact, there are some measurement of organic HAP from lime for this purpose. The reasons for this alternatives that may decrease electrical kilns. The standard ASTM D6420–99 determination can be found in the demand. Further, the proposed rule will be incorporated by reference in docket for the proposed rule. would have no effect on the supply or § 63.14. Three of the 15 voluntary consensus distribution of energy. Although we Similar to EPA’s performance-based standards identified in this search were considered certain fuels as potential Method 18, ASTM D6420–99 is also a not available at the time the review was bases for MACT, none of our proposed performance-based method for conducted for the purposes of the MACT determinations are based on measurement of gaseous organic proposed rule because they are under fuels. Finally, we acknowledge that an compounds. However, ASTM D6420–99 development by a voluntary consensus interpretation limiting fuel use to the was written to support the specific use body: ASME/BSR MFC 13M, ‘‘Flow top 6 percent of ‘‘clean HAP’’ fuels (if of highly portable and automated GC/ Measurement by Velocity Traverse,’’ for they existed) could potentially have MS. While offering advantages over the EPA Method 2 (and possibly 1); ASME/ adverse implications on energy supply. traditional Method 18, the ASTM BSR MFC 12M, ‘‘Flow in Closed List of Subjects in 40 CFR Part 63 method does allow some less stringent Conduits Using Multiport Averaging criteria for accepting GC/MS results Pitot Primary Flowmeters,’’ for EPA Administrative practice and than required by Method 18. Therefore, Method 2; and ASTM D6348–98, procedure, Air pollution control, ASTM D6420–99 is a suitable ‘‘Determination of Gaseous Compounds Environmental protection, Hazardous alternative to Method 18 only where the by Extractive Direct Interface Fourier substances, Incorporation by reference, target compound(s) are those listed in Transform (FTIR) Spectroscopy,’’ for Intergovernmental relations, Lime Section 1.1 of ASTM D6420–99, and the EPA Method 320. manufacturing, Reporting and target concentration is between 150 The standard ASTM D6348–98, recordkeeping requirements. parts per billion by volume (ppbv) and ‘‘Determination of Gaseous Compounds Dated: November 26, 2002. by Extractive Direct Interface Fourier 100 ppmv. Christine Todd Whitman, For target compound(s) not listed in Transform (FTIR) Spectroscopy’’ has Section 1.1 of ASTM D6420–99, but been reviewed by the EPA and Administrator. potentially detected by mass comments were sent to ASTM. For the reasons stated in the spectrometry, the proposed rule Currently, the ASTM Subcommittee preamble, title 40, chapter I, part 63 of specifies that the additional system D22–03 is now undertaking a revision of the Code of the Federal Regulations is continuing calibration check after each ASTM D6348–98. Upon successful proposed to be amended as follows: run, as detailed in Section 10.5.3 of the ASTM balloting and demonstration of ASTM method, must be followed, met, technical equivalency with the EPA PART 63—[AMENDED] documented, and submitted with the FTIR methods, the revised ASTM data report even if there is no moisture standard could be incorporated by 1. The authority citation for part 63 condenser used or the compound is not reference for EPA regulatory continues to read as follows: considered water soluble. For target applicability. Authority: 42 U.S.C. 7401, et seq. compound(s) not listed in Section 1.1 of Section 63.7112 and Table 4 to ASTM D6420–99, and not amenable to proposed subpart AAAAA list the EPA Subpart A—[Amended] detection by mass spectrometry, ASTM testing methods included in the D6420–99 does not apply. proposed rule. Under §§ 63.7(f) and 2. Section 63.14 is amended by As a result, EPA will cite ASTM 63.8(f) of subpart A of the General adding paragraphs (b)(27) and (b)(28) to D6420–99 in the proposed rule. The Provisions, a source may apply to EPA read as follows:
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§ 63.14 Incorporation by reference. Other Requirements and Information § 63.7082 What parts of my plant does this * * * * * 63.7140 What parts of the General subpart cover? (b) * * * Provisions apply to me? (a) This subpart applies to each (27) ASTM D6420–99, Standard Test 63.7141 Who implements and enforces this existing, reconstructed, or new LMP that Method for Determination of Gaseous subpart? is located at a major source. Organic Compounds by Direct Interface 63.7142 What are the requirements for (b) The affected source is the Gas Chromatography—Mass claiming area source status? collection of all of the emission units Spectrometry (GC/MS), IBR approved 63.7143 What definitions apply to this listed in paragraph (c) of this section. [date of publication of the final rule in subpart? (c) Emission units are lime kilns, lime the Federal Register] for § 63.7142. Tables to Subpart AAAAA of Part 63 coolers and materials processing operations (MPO) as defined in (28) ASTM D6735–01, Standard Test Table 1 to Subpart AAAAA of Part 63— paragraph (d) of this section. Method for Measurement of Gaseous Emission Limits (d) Materials processing operations Chlorides and Fluorides from Mineral Table 2 to Subpart AAAAA of Part 63— Calcining Exhaust Sources—Impinger Operating Limits are raw material grinding mills, raw Method, IBR approved [date of Table 3 to Subpart AAAAA of Part 63— material storage bins, conveying system publication of the final rule in the Initial Compliance with Emission transfer points, bulk loading or Federal Register] for § 63.7142. Limitations unloading systems, screening operations, bucket elevators and belt * * * * * Table 4 to Subpart AAAAA of Part 63— 3. Part 63 is amended by adding Requirements for Performance Tests conveyors, except as provided by Table 5 to Subpart AAAAA of Part 63— subpart AAAAA to read as follows: paragraphs (e) through (g) of this Continuous Compliance with Operating section. Subpart AAAAA—National Emission Limits (e) Materials processing operations Standards for Hazardous Air Pollutants for Table 6 to Subpart AAAAA of Part 63— that process only lime product or fuel Lime Manufacturing Plants Periodic Monitoring for Compliance with are not subject to this subpart. Opacity and Visible Emissions Limits What This Subpart Covers (f) Truck dumping into any screening Table 7 to Subpart AAAAA of Part 63— operation, feed hopper or crusher is not Sec. Requirements for Reports subject to this subpart. 63.7080 What is the purpose of this Table 8 to Subpart AAAAA of Part 63— subpart? Applicability of General Provisions to (g) The first emission unit in the 63.7081 Am I subject to this subpart? Subpart AAAAA sequence of MPO that is subject to this 63.7082 What parts of my plant does this subpart is the raw material storage bin. subpart cover? What This Subpart Covers Any MPO which precedes the raw 63.7083 When do I have to comply with material storage bin is not subject to this this subpart? § 63.7080 What is the purpose of this subpart? subpart. Furthermore, the first conveyor Emission Limitations transfer point subject to this subpart is This subpart establishes national 63.7090 What emission limitations must I the transfer point associated with the meet? emission standards for hazardous air conveyor transferring material from the pollutants (NESHAP) for lime raw material storage bin to the next General Compliance Requirements manufacturing plants. This subpart also emission unit. 63.7100 What are my general requirements establishes requirements to demonstrate (h) Lime hydrators are not subject to for complying with this subpart? initial and continuous compliance with this subpart. Testing and Initial Compliance the emission limitations. (i) [Reserved] Requirements (j) A new affected source is the § 63.7081 Am I subject to this subpart? 63.7110 By what date must I conduct collection of all emission units listed in performance tests and other initial (a) You are subject to this subpart if paragraph (c) of this section for which compliance demonstrations? you own or operate a lime construction begins after December 20, 63.7111 When must I conduct subsequent manufacturing plant (LMP) that is a 2002, if you met the applicability performance tests? major source, or that is located at, or is criteria in § 63.7081 at the time you 63.7112 What performance tests, design part of, a major source of hazardous air commenced construction. evaluations, and other procedures must (k) An affected source is reconstructed I use? pollutant (HAP) emissions, unless the LMP is located at a kraft pulp mill, soda if it meets the criteria for reconstruction 63.7113 What are my monitoring defined in § 63.2. installation, operation, and maintenance pulp mill or beet sugar manufacturing plant. (l) [Reserved] requirements? (m) An affected source is existing if it 63.7114 How do I demonstrate initial (1) An LMP is an establishment is not new or reconstructed. compliance with the emission engaged in the manufacture of lime limitations standard? product (calcium oxide, calcium oxide § 63.7083 When do I have to comply with Continuous Compliance Requirements with magnesium oxide, or dead burned this subpart? 63.7120 How do I monitor and collect data dolomite) by calcination of limestone, (a) If you have a new or reconstructed to demonstrate continuous compliance? dolomite, shells or other calcareous affected source, you must comply with 63.7121 How do I demonstrate continuous substances. this subpart according to paragraphs compliance with the emission (a)(1) and (2) of this section. limitations standard? (2) A major source of HAP is a plant (1) If you start up your affected source site that emits or has the potential to Notifications, Reports, and Records before the [date of publication of the emit any single HAP at a rate of 9.07 final rule in the Federal Register], you 63.7130 What notifications must I submit megagrams (10 tons) or more per year or must comply with the emission and when? any combination of HAP at a rate of 63.7131 What reports must I submit and limitations no later than [date of 22.68 megagrams (25 tons) or more per publication of the final rule in the when? year from all emission sources at the 63.7132 What records must I keep? Federal Register]. 63.7133 In what form and how long must I plant site. (2) If you start up your affected source keep my records? (b) [Reserved] after [date of publication of the final
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rule in the Federal Register], then you (d) You must prepare and implement (e) You must develop and implement must comply with the emission for each LMP, a written operations, a written startup, shutdown, and limitations for new and reconstructed maintenance, and monitoring (OM&M) malfunction plan (SSMP) according to affected sources upon startup of your plan. You must submit the plan to the the provisions in § 63.6(e)(3). affected source. applicable permitting authority for Testing and Initial Compliance (b) If you have an existing LMP, you review and approval as part of the Requirements must comply with the applicable application for a 40 CFR part 70 or 40 emission limitations for the existing CFR part 71 permit. Any subsequent § 63.7110 By what date must I conduct affected source, and you must have changes to the plan must be submitted performance tests and other initial completed all applicable performance to the applicable permitting authority compliance demonstrations? tests no later than [3 years from the date for review and approval. Pending (a) If you have an existing affected of publication of the final rule in the approval by the applicable permitting source, you must complete all Federal Register]. The compliance date authority of an initial or amended plan, applicable performance tests within 3 is site-specific for existing LMP and is you must comply with the provisions of years after [date of publication of the the day following completion of all the the submitted plan. Each plan must final rule in the Federal Register], performance tests required under contain the following information: according to the provisions in § 63.7110(a). (1) Process and control device §§ 63.7(a)(2) and 63.7114. (c) If you have an area source that parameters to be monitored to (b) If you commenced construction or increases its emissions or its potential to determine compliance, along with reconstruction of an LMP between emit such that it becomes a major source established operating limits or ranges, as December 20, 2002 and [date of of HAP, the deadlines specified in applicable, for each emission unit. publication of the final rule in the paragraphs (c)(1) and (2) of this section (2) A monitoring schedule for each Federal Register], you must apply. emission unit. (1) Any portion of the LMP that is a demonstrate initial compliance with (3) Procedures for the proper either the proposed emission limitation new affected source or a reconstructed operation and maintenance of each affected source must be in compliance or the promulgated emission limitation emission unit and each air pollution no later than 180 calendar days after with this subpart upon startup. control device used to meet the (2) The emission units of the existing [date of publication of the final rule in applicable emission limitations and the Federal Register] or within 180 LMP subject to emission limitations operating limits in Tables 1 and 2 to this under this subpart must be in calendar days after startup of the source, subpart, respectively. whichever is later, according to compliance with this subpart within 3 (4) Procedures for the proper years after the source becomes a major §§ 63.7(a)(2)(ix) and 63.7114. installation, operation, and maintenance (c) If you commenced construction or source of HAP. of monitoring devices or systems used (d) You must meet the notification reconstruction between December 20, to determine compliance, including: 2002 and [date of publication of the requirements in § 63.7130 according to (i) Calibration and certification of final rule in the Federal Register], and the schedule in § 63.7130 and in subpart accuracy of each monitoring device; you chose to comply with the proposed A of this part. Some of the notifications (ii) Performance and equipment emission limitation when demonstrating must be submitted before you are specifications for the sample interface, initial compliance, you must conduct a required to comply with the emission parametric signal analyzer, and the data demonstration of compliance with the limitations in this subpart. collection and reduction systems; promulgated emission limitation within Emission Limitations (iii) Ongoing operation and maintenance procedures in accordance 3 years after [date of publication of the § 63.7090 What emission limitations must I with the general requirements of final rule in the Federal Register] or meet? § 63.8(c)(1), (3), and (4)(ii); and after startup of the source, whichever is (a) You must meet each emission (iv) Ongoing data quality assurance later, according to §§ 63.7(a)(2)(ix) and limitation in Table 1 to this subpart that procedures in accordance with the 63.7114. applies to you. general requirements of § 63.8(d). (d) For each emission limitation in (b) You must meet each operating (5) Procedures for monitoring process Table 3 to this subpart that applies to limit in Table 2 to this subpart that and control device parameters. you where the monitoring averaging applies to you. (6) Corrective actions to be taken period is 3 hours, the 3-hour period for when process or operating parameters or demonstrating continuous compliance General Compliance Requirements add-on control device parameters for emission units within existing § 63.7100 What are my general deviate from the operating limits affected sources at LMP begins at 12:01 requirements for complying with this specified in Table 2 to this subpart, a.m. on the compliance date for existing subpart? including: affected sources, that is, the day (a) You must be in compliance with (i) Procedures to determine and following completion of the initial the emission limitations (including record the cause of a deviation or performance test(s), and ends at 3:01 operating limits) in this subpart at all excursion, and the time the deviation or a.m. on the same day. times, except during periods of startup, excursion began and ended; and (e) For each emission limitation in shutdown, and malfunction. (ii) Procedures for recording the Table 3 to this subpart that applies to (b) You must be in compliance with corrective action taken, the time you where the monitoring averaging the opacity and visible emission limits corrective action was initiated, and the period is 3 hours, the 3-hour period for in this subpart during the times time and date the corrective action was demonstrating continuous compliance specified in § 63.6(h)(1). completed. for emission units within new or (c) You must always operate and (7) A maintenance schedule for each reconstructed affected sources at LMP maintain your affected source, including emission unit and control device that is begins at 12:01 a.m. on the day air pollution control and monitoring consistent with the manufacturer’s following completion of the initial equipment, according to the provisions instructions and recommendations for compliance demonstration tests, as in § 63.6(e)(1)(i). routine and long-term maintenance. required in paragraphs (b) and (c) of this
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section, and ends at 3:01 a.m. on the Where: (1) Continuously record the parameter same day. ET = Emission rate of PM from all kilns during the PM performance test and and coolers at an existing LMP, kg/ include the parameter record(s) in the § 63.7111 When must I conduct performance test report. subsequent performance tests? Mg (lb/ton) of stone feed. E = Emission rate of PM from kiln i, or (2) Determine the average parameter You must conduct a performance test i from kiln/cooler combination i, kg/ value for each 15-minute period of each within 5 years following the initial Mg (lb/ton) of stone feed. test run. performance test and within 5 years Pi = Stone feed rate to kiln i, Mg/hr (ton/ (3) Calculate the test run average for following each subsequent performance hr). the parameter by taking the average of test thereafter. n = Number of existing kilns at the all the 15-minute parameter values for § 63.7112 What performance tests, design existing affected source. the run. evaluations, and other procedures must I (g) The combined particulate emission (4) Calculate the 3-hour operating use? rate from all new or reconstructed kilns limit by taking the average of the three (a) You must conduct each and coolers must be calculated using test run averages. performance test in Table 4 to this Equation 3 of this section: (k) For each building enclosing any subpart that applies to you. MPO that is subject to a visible emission (b) Each performance test must be m m (VE) limit, you must conduct a VE check = conducted according to the EEPPEqTN∑ j j/(.∑ j 3)according to item 18 in Table 4 to this requirements in § 63.7(e)(1) and under j=1 j=1 subpart, and in accordance with the specific conditions specified in Where: paragraphs (k)(1) through (3) of this Table 4 to this subpart. section. ETN = Emission rate of PM from all kilns (c) You may not conduct performance (1) Conduct visual inspections that tests during periods of startup, and coolers at a new or reconstructed LMP, kg/Mg (lb/ton) consist of a visual survey of the building shutdown, or malfunction, as specified over the test period to identify if there in § 63.7(e)(1). of stone feed. Ej = Emission rate of PM from kiln j, or are VE, other than condensed water (d) Except for opacity and visible vapor. emission observations, you must from kiln/cooler combination j, kg/ (2) Select a position at least 15 but not conduct three separate test runs for each Mg (lb/ton) of stone feed. more than 1,320 feet from each side of performance test required in this Pj = Stone feed rate to kiln j, Mg/hr (ton/ the building with the sun or other light section, as specified in § 63.7(e)(3). Each hr). source generally at your back. test run must last at least 1 hour. m = Number of kilns and kiln/cooler (e) The emission rate of particulate combinations within the new or (3) The observer conducting the VE matter (PM) from the lime kiln (and the reconstructed affected source. checks need not be certified to conduct lime cooler if there is a separate exhaust (h) Performance test results must be Method 9 in appendix A to part 60 of to the atmosphere from the lime cooler) documented in complete test reports this chapter, but must meet the training must be computed for each run using that contain the information required by requirements as described in Method 22 Equation 1 of this section: paragraphs (h)(1) through (10) of this in appendix A to part 60 of this chapter. section, as well as all other relevant § 63.7113 What are my monitoring =+ ECQCQPKEq()kk cc/(. 1)information. The plan to be followed installation, operation, and maintenance during testing must be made available to requirements? Where: the Administrator at least 60 days prior E = Emission rate of PM, kg/Mg (lb/ton) (a) You must install, operate, and to testing, if requested. maintain each continuous parameter of stone feed. (1) A brief description of the process Ck = Concentration of PM in the kiln monitoring system (CPMS) according to and the air pollution control system; your OM&M plan required by effluent, g/dscm (grain/dscf). (2) Sampling location description(s); § 63.7100(d) and paragraphs (a)(1) Qk = Volumetric flow rate of kiln (3) A description of sampling and through (5) of this section, and you must effluent gas, dscm/hr (dscf/hr). analytical procedures and any install, operate, and maintain each Cc = Concentration of PM in the cooler modifications to standard procedures; continuous opacity monitoring system effluent, g/dscm (grain/dscf). This (4) Test results, including opacity; value is zero if there is not a (5) Quality assurance procedures and (COMS) as required by 40 CFR part 63, separate cooler exhaust to the results; subpart A, General Provisions and atmosphere. (6) Records of operating conditions according to PS–1 of appendix B to part Qc = Volumetric flow rate of cooler during the test, preparation of 60 of this chapter. effluent gas, dscm/hr (dscf/hr). This standards, and calibration procedures; (1) The CPMS must complete a value is zero if there is not a (7) Raw data sheets for field sampling minimum of one cycle of operation for separate cooler exhaust to the and field and laboratory analyses; each successive 15 minute period. atmosphere. (8) Documentation of calculations; (2) To calculate a valid hourly value, P = Stone feed rate, Mg/hr (ton/hr). (9) All data recorded and used to you must have at least three of four K = Conversion factor, 1000 g/kg (7000 establish operating limits; and equally spaced data values for that hour grains/lb). (10) Any other information required from a CPMS that is not out of control (f) The combined particulate emission by the test method. according to your OM&M plan. rate from all kilns and coolers within an (i) [Reserved] (3) To calculate the average for each existing affected source at an LMP must (j) You must establish any applicable 3-hour averaging period, you must have be calculated using Equation 2 of this 3-hour rolling average operating limit at least two of three of the hourly section: indicated in Table 2 to this subpart averages for that period using only according to the applicable hourly average values that are based on n n requirements in Table 3 to this subpart valid data (i.e., not from out-of-control = EEPPEqTiii∑ /(.∑ 2) and paragraphs (j)(1) through (4) of this periods). The 3-hour rolling average is i=1 i=1 section. updated each hour.
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(4) You must conduct a performance (4) The alarm must be located in an ESP), detectors may share the system evaluation of each CPMS in accordance area where appropriate plant personnel instrumentation and alarm. with your OM&M plan. will be able to hear it. (6) Particulate matter detectors must (5) You must operate and maintain (5) For a positive-pressure fabric filter, be installed, operated, adjusted, and the CPMS in continuous operation each compartment or cell must have a maintained so that they follow the according to the OM&M plan. bag leak detector. For a negative- manufacturer’s written specifications (b) For each flow measurement pressure or induced-air fabric filter, the and recommendations. Standard device, you must meet the requirements bag leak detector must be installed operating procedures must be in paragraphs (a)(1) through (5) and downstream of the fabric filter. If incorporated into the OM&M plan. (b)(1) through (4) of this section. multiple bag leak detectors are required (7) At a minimum, initial adjustment (1) Use a flow sensor with a minimum (for either type of fabric filter), detectors of the system must consist of tolerance of 2 percent of the flow rate. may share the system instrumentation establishing the baseline output in both (2) Reduce swirling flow or abnormal and alarm. of the following ways: velocity distributions due to upstream (6) Bag leak detection systems must be (i) Adjust the range and the averaging and downstream disturbances. installed, operated, adjusted, and period of the device. (ii) Establish the alarm set points and (3) Conduct a flow sensor calibration maintained so that they follow the manufacturer’s written specifications the alarm delay time. check at least semiannually. (8) After initial adjustment, the range, (4) At least monthly, inspect all and recommendations. Standard operating procedures must be averaging period, alarm set points, or components for integrity, all electrical alarm delay time may not be adjusted connections for continuity, and all incorporated into the OM&M plan. (7) At a minimum, initial adjustment except as specified in the OM&M plan mechanical connections for leakage. required by § 63.7100(d). In no event (c) For each pressure measurement of the system must consist of establishing the baseline output in both may the range be increased by more device, you must meet the requirements than 100 percent or decreased by more in paragraphs (a)(1) through (5) and of the following ways: (i) Adjust the range and the averaging than 50 percent over a 365-day period (c)(1) through (7) of this section. unless a responsible official as defined (1) Locate the pressure sensor(s) in or period of the device. (ii) Establish the alarm set points and in § 63.2 certifies in writing to the as close to a position that provides a the alarm delay time. Administrator that the ESP has been representative measurement of the (8) After initial adjustment, the range, inspected and found to be in good pressure. averaging period, alarm set points, or operating condition. (2) Minimize or eliminate pulsating alarm delay time may not be adjusted (f) For each emission unit equipped pressure, vibration, and internal and except as specified in the OM&M plan with an add-on air pollution control external corrosion. required by § 63.7100(d). In no event device, you must inspect each capture/ (3) Use a gauge with a minimum may the range be increased by more collection and closed vent system at tolerance of 0.5 inch of water or a than 100 percent or decreased by more least once each calendar year to ensure transducer with a minimum tolerance of than 50 percent over a 365 day period that each system is operating in 1 percent of the pressure range. unless a responsible official, as defined accordance with the operating (4) Check pressure tap pluggage daily. in § 63.2, certifies in writing to the requirements in item 6 of Table 2 to this (5) Using a manometer, check gauge Administrator that the fabric filter has subpart and record the results of each calibration quarterly and transducer been inspected and found to be in good inspection. (g) For each COMS used to monitor an calibration monthly. operating condition. (6) Conduct calibration checks any (e) For each PM detector, you must add-on air pollution control device, you time the sensor exceeds the meet any applicable requirements in must meet the requirements in manufacturer’s specified maximum paragraphs (a)(1) through (5) and (e)(1) paragraphs (g)(1) and (2) of this section. (1) Install the COMS at the outlet of operating pressure range or install a new through (8) of this section. the control device. pressure sensor. (1) The PM detector must be certified (2) Install, maintain, calibrate, and (7) At least monthly, inspect all by the manufacturer to be capable of components for integrity, all electrical operate the COMS as required by 40 detecting PM emissions at CFR part 63, subpart A, General connections for continuity, and all concentrations of 10 milligrams per mechanical connections for leakage. Provisions and according to PS–1 of actual cubic meter (0.0044 grains per appendix B to part 60 of this chapter. (d) For each bag leak detection actual cubic foot) or less. system, you must meet any applicable (2) The sensor on the PM detector § 63.7114 How do I demonstrate initial requirements in paragraphs (a)(1) must provide output of relative PM compliance with the emission limitations through (5) and (d)(1) through (8) of this emissions. standard? section. (3) The PM detector must have an (a) You must demonstrate initial (1) The bag leak detection system alarm that will sound automatically compliance with each emission must be certified by the manufacturer to when it detects an increase in relative limitation in Table 1 to this subpart that be capable of detecting PM emissions at PM emissions greater than a preset applies to you, according to Table 3 to concentrations of 10 milligrams per level. this subpart. actual cubic meter (0.0044 grains per (4) The alarm must be located in an (b) You must establish each site- actual cubic foot) or less. area where appropriate plant personnel specific operating limit in Table 2 to (2) The sensor on the bag leak will be able to hear it. this subpart that applies to you detection system must provide output of (5) For a positive-pressure according to the requirements in relative PM emissions. electrostatic precipitator (ESP), each § 63.7112(j) and Table 4 to this subpart. (3) The bag leak detection system compartment must have a PM detector. (c) You must submit the Notification must have an alarm that will sound For a negative-pressure or induced-air of Compliance Status containing the automatically when it detects an ESP, the PM detector must be installed results of the initial compliance increase in relative PM emissions downstream of the ESP. If multiple PM demonstration according to the greater than a preset level. detectors are required (for either type of requirements in § 63.7130(e).
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Continuous Compliance Requirements check according to item 1 in Table 6 to test conducted according to the this subpart, and as follows: requirements in Table 4 to this subpart, § 63.7120 How do I monitor and collect (1) Conduct visual inspections that you must submit the Notification of data to demonstrate continuous compliance? consist of a visual survey of each stack Compliance Status, including the or process emission point over the test performance test results, before the (a) You must monitor and collect data period to identify if there are visible close of business on the 60th calendar according to this section. emissions, other than condensed water day following the completion of the (b) Except for monitor malfunctions, vapor. performance test according to associated repairs, and required quality (2) Select a position at least 15 but not § 63.10(d)(2). assurance or control activities more 1,320 feet from the affected (including, as applicable, calibration emission point with the sun or other § 63.7131 What reports must I submit and when? checks and required zero adjustments), light source generally at your back. you must monitor continuously (or (3) The observer conducting the VE (a) You must submit each report in collect data at all required intervals) at checks need not be certified to conduct Table 7 to this subpart that applies to all times that the emission unit is Method 9 in appendix A to part 60 of you. operating. this chapter, but must meet the training (b) Unless the Administrator has (c) You may not use data recorded requirements as described in Method 22 approved a different schedule for during monitoring malfunctions, of appendix A to part 60 of this chapter. submission of reports under § 63.10(a), associated repairs, and required quality you must submit each report by the date assurance or control activities in data Notification, Reports, and Records in Table 7 to this subpart and according averages and calculations used to report to the requirements in paragraphs (b)(1) § 63.7130 What notifications must I submit emission or operating levels, nor may and when? through (5) of this section: such data be used in fulfilling a (1) The first compliance report must minimum data availability requirement, (a) You must submit all of the cover the period beginning on the if applicable. You must use all the data notifications in §§ 63.6(h)(4) and (5), compliance date that is specified for collected during all other periods in 63.7(b) and (c), 63.8(e), (f)(4) and (6), your affected source in § 63.7083 and assessing the operation of the control and 63.9 (a) through (j) that apply to you ending on June 30 or December 31, device and associated control system. by the dates specified. whichever date is the first date (b) As specified in § 63.9(b)(2), if you following the end of the first half § 63.7121 How do I demonstrate start up your affected source before calendar year after the compliance date continuous compliance with the emission [date of publication of the final rule in that is specified for your source in limitations standard? the Federal Register], you must submit § 63.7083. (a) You must demonstrate continuous an Initial Notification not later than 120 (2) The first compliance report must compliance with each emission calendar days after [date of publication be postmarked or delivered no later than limitation in Tables 1 and 2 to this of the final rule in the Federal Register]. July 31 or January 31, whichever date subpart that applies to you according to (c) As specified in § 63.9(b)(3), if you follows the end of the first half calendar the methods specified in Tables 5 and startup your new or reconstructed year after the compliance date that is 6 to this subpart. affected source on or after [date of specified for your affected source in (b) You must report each instance in publication of the final rule in the § 63.7083. which you did not meet each operating Federal Register], you must submit an (3) Each subsequent compliance limit, opacity limit, and VE limit in Initial Notification not later than 120 report must cover the semiannual Tables 2 and 6 to this subpart that calendar days after you startup your reporting period from January 1 through applies to you. This includes periods of affected source. June 30 or the semiannual reporting startup, shutdown, and malfunction. (d) If you are required to conduct a period from July 1 through December These instances are deviations from the performance test, you must submit a 31. emission limitations in this subpart. notification of intent to conduct a (4) Each subsequent compliance These deviations must be reported performance test at least 60 calendar report must be postmarked or delivered according to the requirements in days before the performance test is no later than July 31 or January 31, § 63.7131. scheduled to begin as required in whichever date is the first date (c) During periods of startup, § 63.7(b)(1). following the end of the semiannual shutdown, and malfunction, you must (e) If you are required to conduct a reporting period. operate in accordance with the SSMP. performance test, design evaluation, (5) For each affected source that is (d) Consistent with §§ 63.6(e) and opacity observation, VE observation, or subject to permitting regulations 63.7(e)(1), deviations that occur during other initial compliance demonstration pursuant to part 70 or part 71 of this a period of startup, shutdown, or as specified in Table 3 or 4 to this chapter, if the permitting authority has malfunction are not violations if you subpart, you must submit a Notification established dates for submitting demonstrate to the Administrator’s of Compliance Status according to semiannual reports pursuant to satisfaction that you were operating in § 63.9(h)(2)(ii). § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A) accordance with the SSMP. The (1) For each initial compliance of this chapter, you may submit the first Administrator will determine whether demonstration required in Table 3 to and subsequent compliance reports deviations that occur during a period of this subpart that does not include a according to the dates the permitting startup, shutdown, or malfunction are performance test, you must submit the authority has established instead of violations, according to the provisions Notification of Compliance Status before according to the dates in paragraphs in § 63.6(e). the close of business on the 30th (b)(1) through (4) of this section. (e) For each MPO subject to an calendar day following the completion (c) The compliance report must opacity limitation as specified in Table of the initial compliance demonstration. contain the information specified in 1 to this subpart, and any vents from (2) For each compliance paragraphs (c)(1) through (6) of this buildings subject to an opacity demonstration required in Table 5 to section. limitation, you must conduct a VE this subpart that includes a performance (1) Company name and address.
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(2) Statement by a responsible official whether each deviation occurred during (2) The records in § 63.6(e)(3)(iii) with that official’s name, title, and a period of startup, shutdown, or through (v) related to startup, shutdown, signature, certifying the truth, accuracy, malfunction or during another period. and malfunction. and completeness of the content of the (5) A summary of the total duration of (3) Records of performance tests, report. the deviation during the reporting performance evaluations, and opacity (3) Date of report and beginning and period and the total duration as a and VE observations as required in ending dates of the reporting period. percent of the total source operating § 63.10(b)(2)(viii). (4) If you had a startup, shutdown or time during that reporting period. (b) You must keep the records in malfunction during the reporting period (6) A breakdown of the total duration § 63.6(h)(6) for VE observations. and you took actions consistent with of the deviations during the reporting (c) You must keep the records your SSMP, the compliance report must period into those that are due to startup, required by Tables 5 and 6 to this include the information in shutdown, control equipment problems, subpart to show continuous compliance § 63.10(d)(5)(i). process problems, other known causes, with each emission limitation that (5) If there are no deviations from any and other unknown causes. applies to you. emission limitations (emission limit, (7) A summary of the total duration of (d) You must keep the records which operating limit, opacity limit, and VE CMS downtime during the reporting document the basis for the initial limit) that apply to you, a statement that period and the total duration of CMS applicability determination as required there were no deviations from the downtime as a percent of the total under § 63.7081. emission limitations during the emission unit operating time during that § 63.7133 In what form and how long must reporting period. reporting period. (6) If there were no periods during I keep my records? (8) An identification of each HAP that (a) Your records must be in a form which the operating parameter was monitored at the affected source. monitoring systems was out-of-control suitable and readily available for (9) A brief description of the process as specified in § 63.8(c)(7), a statement expeditious review, according to units. that there were no periods during the § 63.10(b)(1). (10) A brief description of the CMS. which the continuous monitoring (b) As specified in § 63.10(b)(1), you system (CMS) was out-of-control during (11) The date of the latest CMS must keep each record for 5 years the reporting period. certification or audit. following the date of each occurrence, (d) For each deviation from an (12) A description of any changes in measurement, maintenance, corrective emission limitation (emission limit, CMS, processes, or controls since the action, report, or record. operating limit, opacity limit, and VE last reporting period. (c) You must keep each record on site limit) that occurs at an affected source (f) Each facility that has obtained a for at least 2 years after the date of each where you are not using a CMS to title V operating permit pursuant to part occurrence, measurement, maintenance, comply with the emission limitations in 70 or part 71 of this chapter must report corrective action, report, or record, this subpart, the compliance report must all deviations as defined in this subpart according to § 63.10(b)(1). You may contain the information specified in in the semiannual monitoring report keep the records offsite for the paragraphs (c)(1) through (4) and (d)(1) required by § 70.6(a)(3)(iii)(A) or remaining 3 years. § 71.6(a)(3)(iii)(A) of this chapter. If you and (2) of this section. This includes Other Requirements and Information periods of startup, shutdown, and submit a compliance report specified in malfunction. Table 7 to this subpart along with, or as § 63.7140 What parts of the General (1) The total operating time of each part of, the semiannual monitoring Provisions apply to me? emission unit during the reporting report required by § 70.6(a)(3)(iii)(A) or (a) Table 8 to this subpart shows period. § 71.6(a)(3)(iii)(A) of this chapter, and which parts of the General Provisions in (2) Information on the number, the compliance report includes all §§ 63.1 through 63.15 apply to you. duration, and cause of deviations required information concerning When there is overlap between subpart (including unknown cause, if deviations from any emission limitation A and subpart AAAAA, as indicated in applicable), as applicable, and the (including any operating limit), the ‘‘Explanations’’ column in Table 8, corrective action taken. submission of the compliance report subpart AAAAA takes precedence. (e) For each deviation from an shall be deemed to satisfy any obligation (b) [Reserved] emission limitation (emission limit, to report the same deviations in the operating limit, opacity limit, and VE semiannual monitoring report. § 63.7141 Who implements and enforces limit) occurring at an affected source However, submission of a compliance this subpart? where you are using a CMS to comply report shall not otherwise affect any (a) This subpart can be implemented with the emission limitation in this obligation you may have to report and enforced by us, the U.S. EPA, or by subpart, you must include the deviations from permit requirements to a delegated authority such as your State, information specified in paragraphs the permit authority. local, or tribal agency. If the U.S. EPA (c)(1) through (4) and (e)(1) through (12) Administrator has delegated authority to § 63.7132 What records must I keep? of this section. This includes periods of your State, local, or tribal agency, then startup, shutdown, and malfunction. (a) You must keep the records that agency (as well as the U.S. EPA) has (1) The date and time that each specified in paragraphs (a)(1) through the authority to implement and enforce malfunction started and stopped. (3) of this section. this subpart. You should contact your (2) The date and time that each CMS (1) A copy of each notification and U.S. EPA Regional Office to find out if was inoperative, except for zero (low- report that you submitted to comply this subpart is delegated to your State, level) and high-level checks. with this subpart, including all local, or tribal agency. (3) The date, time and duration that documentation supporting any Initial (b) In delegating implementation and each CMS was out-of-control, including Notification or Notification of enforcement authority of this subpart to the information in § 63.8(c)(8). Compliance Status that you submitted, a State, local, or tribal agency under (4) The date and time that each according to the requirements in subpart E of this part, the authorities deviation started and stopped, and § 63.10(b)(2)(xiv). contained in paragraph (c) of this
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section are retained by the (5) Approval of major alternatives to of Gaseous Chlorides and Fluorides Administrator of U.S. EPA and are not monitoring under § 63.8(f) and as from Mineral Calcining Exhaust transferred to the State, local, or tribal defined in § 63.90. Sources—Impinger Method agency. (6) Approval of major alternatives to (incorporated by reference—see § 63.14), (c) The authorities that will not be recordkeeping and reporting under provided that the provisions in delegated to State, local, or tribal § 63.10(f) and as defined in § 63.90. paragraphs (a)(3)(i) through (vi) of this agencies are as specified in paragraphs § 63.7142 What are the requirements for section are followed. (c)(1) through (6) of this section. claiming area source status? (i) A test must include three or more (1) Approval of alternatives to the (a) If you wish to claim that your LMP runs in which a pair of samples is non-opacity emission limitations in is an area source, you must measure the obtained simultaneously for each run § 63.7090(a). emissions of hydrogen chloride from all according to section 11.2.6 of ASTM (2) Approval of alternative opacity lime kilns at your plant using either: emission limitations in § 63.7090(a). Method D6735–01 (incorporated by (1) EPA Method 320 of appendix A to reference—see § 63.14). (3) Approval of alternatives to the this part, operating limits in § 63.7090(b). (2) EPA Method 321 of appendix A to (ii) You must calculate the test run (4) Approval of major alternatives to this part, or standard deviation of each set of paired test methods under § 63.7(e)(2)(ii) and (3) ASTM Method D6735–01, samples to quantify data precision, (f) and as defined in § 63.90. Standard Test Method for Measurement according to Equation 1 of this section:
C1 − C2 RSD = ()100 Absolute Value a a (.Eq 1) a + CC12aa
Where: (2) Method 18 of appendix A to part Bag leak detector means the RSDa = The test run relative standard 60 of this chapter, or monitoring device and system for a deviation of sample pair a, percent. (3) ASTM D6420–99, Standard Test fabric filter that identifies an increase in C1a and C2a = The HCl concentrations, Method for Determination of Gaseous PM emissions resulting from a broken mg/dscm, from the paired samples. Organic Compounds by Direct Interface filter bag or other malfunction and (iii) You must calculate the test Gas Chromatography-Mass sounds an alarm. average relative standard deviation Spectrometry (GC/MS), (incorporated by Belt conveyor means a conveying according to Equation 2 of this section: reference—see § 63.14), provided that device that transports material from one the provisions of paragraphs (b)(3)(i) location to another by means of an p through (iv) of this section are followed: endless belt that is carried on a series of idlers and routed around a pulley at ∑ RSDa (i) The target compound(s) are those each end. RSD = a=1 (Eq . 2) listed in section 1.1 of ASTM D6420–99 TA (incorporated by reference—see § 63.14); Bucket elevator means a material p conveying device consisting of a head (ii) The target concentration is Where: and foot assembly which supports and between 150 parts per billion by volume RSDTA = The test average relative drives an endless single or double and 100 ppmv; standard deviation, percent. strand chain or belt to which buckets RSDa = The test run relative standard (iii) For target compound(s) not listed are attached. deviation for sample pair a. in Table 1.1 of ASTM D6420–99 Building means any frame structure p = The number of test runs, ≥3. (incorporated by reference—see § 63.14), with a roof. (iv) If RSDTA is greater than 20 but potentially detected by mass Capture system means the equipment percent, the data are invalid and the test spectrometry, the additional system (including enclosures, hoods, ducts, must be repeated. continuing calibration check after each fans, dampers, etc.) used to capture and (v) The post-test analyte spike run, as detailed in section 10.5.3 of transport PM generated by one or more procedure of section 11.2.7 of ASTM ASTM D6420–99 (incorporated by process operations to a control device. Method D6735–01 (incorporated by reference—see § 63.14), is conducted, Control device means the air pollution reference—see § 63.14) is conducted, met, documented, and submitted with control equipment used to reduce PM and the percent recovery is calculated the data report, even if there is no emissions released to the atmosphere according to section 12.6 of ASTM moisture condenser used or the from one or more process operations at Method D6735–01 (incorporated by compound is not considered water an LMP. reference—see § 63.14). soluble; and Conveying system means a device for (vi) If the percent recovery is between (iv) For target compound(s) not listed transporting material from one piece of 70 percent and 130 percent, inclusive, in Table 1.1 of ASTM D6420–99 equipment or location to another the test is valid. If the percent recovery (incorporated by reference—see § 63.14), location within a plant. Conveying is outside of this range, the data are and not amenable to detection by mass systems include but are not limited to considered invalid, and the test must be spectrometry, ASTM D6420–99 feeders, belt conveyors, bucket elevators repeated. (incorporated by reference—see § 63.14) and pneumatic systems. (b) If you conduct tests to determine may not be used. Deviation means any instance in the rates of emission of specific organic which an affected source, subject to this HAP from lime kilns at LMP for use in § 63.7143 What definitions apply to this subpart, or an owner or operator of such applicability determinations under subpart? a source: § 63.7081, you may use either: Terms used in this subpart are (1) Fails to meet any requirement or (1) Method 320 of appendix A to this defined in the Clean Air Act, in § 63.2, obligation established by this subpart, part, or and in this section as follows: including but not limited to any
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emission limitation (including any Lime kiln means the device, including Positive pressure fabric filter or ESP operating limit); any associated preheater, used to means a fabric filter or ESP with the (2) Fails to meet any term or condition produce a lime product from stone feed fan(s) on the upstream side of the that is adopted to implement an by calcination. Kiln types include, but control device. applicable requirement in this subpart are not limited to, rotary kiln, vertical Screening operation means a device and that is included in the operating kiln, rotary hearth kiln, double-shaft for separating material according to size permit for any affected source required vertical kiln, and fluidized bed kiln. by passing undersize material through to obtain such a permit; or Lime manufacturing plant (LMP) one or more mesh surfaces (screens) in (3) Fails to meet any emission means any plant which uses a lime kiln series and retaining oversize material on limitation (including any operating to produce lime product from limestone the mesh surfaces (screens). limit) in this subpart during startup, or other calcareous material by Stack emission means the PM that is shutdown, or malfunction, regardless of calcination. released to the atmosphere from a whether or not such failure is permitted Lime product means the product of capture system. by this subpart. the lime kiln calcination process Stone feed means the limestone Emission limitation means any including, calcitic lime, dolomitic lime, feedstock and mill scale or other iron emission limit, opacity limit, operating and dead-burned dolomite. oxide additives that are fed to the lime limit, or VE limit. Limestone means the material kiln. Stone feed does not include the Emission unit means a lime kiln, lime comprised primarily of calcium fuels used in the lime kiln to produce cooler, raw material grinding mill, raw carbonate (referred to sometimes as the heat needed to calcine the limestone material storage bin, conveying system calcitic or high calcium limestone), into the lime product. transfer point, bulk loading or magnesium carbonate, and/or the Storage bin means a facility for unloading operation, bucket elevator or double carbonate of both calcium and storage (including surge bins) of belt conveyor at an LMP. Fugitive emission means PM that is magnesium (referred to sometimes as material prior to further processing or not collected by a capture system. dolomitic limestone or dolomite). loading. Grinding mill means a machine used Material means the raw limestone or Transfer point means a point in a for the wet or dry fine crushing of any stone feed used at an LMP. conveying operation where the material feed material. Grinding mills include, Materials processing operation (MPO) is transferred to or from a belt conveyor but are not limited to, the hammer, means the equipment and transfer (except where the material is being roller, rod, pebble and ball, and fluid points between the equipment used to transferred to a stockpile). energy. The grinding mill includes the prepare, process, or transport limestone, Truck dumping means the unloading air conveying system, air separator, or or stone feed, and includes grinding of material from movable vehicles air classifier, where such systems are mills, raw material storage bins, designed to transport material from one used. conveying system transfer points, bulk location to another. Movable vehicles Hydrator means the device used to loading or unloading systems, screening include but are not limited to trucks, produce hydrated lime or calcium operations, bucket elevators, and belt front end loaders, skip hoists, and hydroxide via the chemical reaction of conveyors. railcars. the lime product and water. Particulate matter (PM) detector Vent means an opening through Lime cooler means the device external means the monitoring device and which there is mechanically induced air to the lime kiln (or part of the lime kiln system for an ESP that identifies relative flow for the purpose of exhausting from itself) used to reduce the temperature of levels in PM emissions and sounds an a building air carrying PM emissions the lime produced by the kiln. alarm at a preset level. from one or more emission units.
Tables to Subpart AAAAA of Part 63
TABLE 1 TO SUBPART AAAAA OF PART 63.—EMISSION LIMITS [You must meet each emission limit in the following table that applies to you, as required in § 63.7090(a)]
For . . . You must meet the following emission limitation . . .
1. All lime kilns and their associated lime coolers at an existing LMP .... The sum of the PM emissions from all of the kilns and associated lime coolers must not exceed 0.06 kilograms per megagram (kg/Mg) (0.12 pounds per ton) of stone feed. 2. All lime kilns and their associated lime coolers at a new or recon- The sum of the PM emissions from all of the kilns and associated lime structed LMP. coolers must not exceed 0.05 kg/Mg (0.10 pounds per ton) of stone feed. 3. Stack emissions from all MPO at a new, reconstructed or existing af- PM emissions must not exceed 0.05 grams per dry standard cubic fected source. meter (g/dscm). 4. Stack emissions from all MPO at a new, reconstructed or existing af- Emissions must not exceed 7 percent opacity. fected source, unless the stack emissions are discharged through a wet scrubber control device. 5. Fugitive emissions from all MPO at a new, reconstructed or existing Emissions must not exceed 10 percent opacity. affected source, except as provided by item 6 of this Table 1. 6. All MPO at a new, reconstructed or existing affected source en- All of the individually affected MPO must comply with the applicable closed in a building. PM and opacity emission limitations in items 3 through 5 of this Table 1, or the building must comply with the following: there must be no visible emissions from the building, except from a vent; and vent emissions must not exceed the stack emissions limitations in items 3 and 4 of this Table 1.
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TABLE 1 TO SUBPART AAAAA OF PART 63.—EMISSION LIMITS—Continued [You must meet each emission limit in the following table that applies to you, as required in § 63.7090(a)]
For . . . You must meet the following emission limitation . . .
7. Each fabric filter that controls emissions from only an individual, en- Emissions must not exceed 7 percent opacity. closed storage bin. 8. Each set of multiple storage bins at a new, reconstructed or existing You must comply with the emission limits in items 3 and 4 of this Table affected source, with combined stack emissions. 1.
TABLE 2 TO SUBPART AAAAA OF PART 63.—OPERATING LIMITS [You must meet each operating limit in the following table that applies to you, as required in § 63.7090(b)]
For . . . You must . . .
1. Each lime kiln and each lime cooler (if there is a separate exhaust to Maintain and operate the fabric filter such that the bag leak detector the atmosphere from the associated lime cooler) equipped with a alarm is not activated and alarm condition does not exist for more fabric filter. than 5 percent of the total operating time in a 6-month period; and comply with the requirements in § 63.7113(d) and (f) and Table 5 to this subpart. In lieu of a bag leak detector, maintain the fabric filter such that the 6-minute average opacity for any 6-minute block period does not exceed 15 percent; and comply with the requirements in § 63.7113(f) and (g) and Table 5 to this subpart. 2. Each lime kiln equipped with a wet scrubber ...... Maintain the 3-hour rolling average exhaust gas stream pressure drop across the wet scrubber greater than or equal to the pressure drop operating limit established during the most recent PM performance test; and maintain the 3-hour rolling average scrubbing liquid flow rate greater than the flow rate operating limit established during the most recent performance test. 3. Each lime kiln equipped with an electrostatic precipitator ...... Maintain the 3-hour rolling average current and voltage input to each electrical field of the ESP greater than or equal to the average cur- rent and voltage input to each field of the ESP established during the most recent performance test; or, in lieu of complying with these ESP parameter operating limits, install a PM detector and maintain and operate the ESP such that the PM detector alarm is not acti- vated and alarm condition does not exist for more than 5 percent of the total operating time in a 6-month period, and comply with § 63.7113(e); or, maintain the ESP such that the 6-minute average opacity for any 6-minute block period does not exceed 15 percent, and comply with the requirements in § 63.7113(g); and comply with the requirements in § 63.7113(f) and Table 5 to this subpart. 4. Each materials processing operation subject to a PM limit which Maintain the 3-hour rolling average exhaust gas stream pressure drop uses a wet scrubber. across the wet scrubber greater than or equal to the pressure drop operating limit established during the PM performance test; and maintain the 3-hour rolling average scrubbing liquid flow rate greater than or equal to the flow rate operating limit established during the performance test. 5. All affected sources ...... Prepare a written OM&M plan; the plan must include the items listed in § 63.7100(d) and the corrective actions to be taken when required in Table 5 to this subpart. 6. Each emission unit equipped with an add-on air pollution control de- (1) Vent captured emissions through a closed system, except that dilu- vice. tion air may be added to emission streams for the purpose of con- trolling temperature at the inlet to a fabric filter. (2) Operate each capture/collection system according to the proce- dures and requirements in the OM&M plan.
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TABLE 3 TO SUBPART AAAAA OF PART 63.—INITIAL COMPLIANCE WITH EMISSION LIMITS [You must demonstrate initial compliance with each emission limitation that applies to you, according to the following table, as required in § 63.7114]
You have demonstrated initial compliance, if after fol- For . . . For the emission limitation . . . lowing the requirements in § 63.7112 . . .
1. All lime kilns and their as- If the lime cooler associated with the kiln has no sepa- The kiln outlet PM emissions (and if applicable, sociated lime coolers at a rate exhaust to the atmosphere, PM emissions from summed with the separate cooler PM emissions), new or reconstructed af- all kilns and coolers at an existing LMP must not ex- based on the PM emissions measured using Method fected source and all lime ceed 0.06 kg PM per Mg of stone feed (0.12 lb PM 5 in appendix A to part 60 of this chapter and the kilns and their associated per ton of stone feed); PM emissions from all kilns stone feed rate measurement, over the period of the lime coolers at an existing and coolers at a new or reconstructed LMP must not initial performance test, do not exceed the emission affected source. exceed 0.05 kg PM per Mg of stone feed (0.10 lb PM limit; if the lime kiln is controlled with an ESP (and per ton of stone feed); if a lime cooler associated you are not opting to monitor PM emissions from the with a kiln has a separate exhaust to the atmos- ESP with a PM detector or COMS) or wet scrubber, phere, the sum of all kiln and cooler PM emissions you have a record of the applicable operating param- must not exceed 0.06 kg/Mg (0.12 pounds per ton) of eters over the 3-hour performance test during which stone feed for existing LMP and 0.05 kg/Mg (0.1 emissions did not exceed the emissions limitation; if pounds per ton) of stone feed for kilns at new or re- the lime kiln is controlled by a fabric filter or ESP and constructed LMP. you are opting to monitor PM emissions from the ESP with a PM detector or you are opting to monitor PM emissions from the fabric filter with a bag leak detector, you have installed and are operating the monitoring device according to the requirements in § 63.7113(d) or (e), respectively; and if the lime kiln is controlled by a fabric filter or ESP and you are opt- ing to monitor PM emissions using a COMS, you have installed and are operating the monitoring de- vice according to the requirements in § 63.7113(g). 2. Stack emissions from all PM emissions must not exceed 0.05 g/dscm ...... The outlet PM emissions, based on Method 5 or Meth- MPO at a new, recon- od 17 in appendix A to part 60 of this chapter, over structed or existing af- the period of the initial performance test do not ex- fected source. ceed 0.05 g/dscm; and if the emission unit is con- trolled with a wet scrubber, you have a record of the scrubber’s pressure drop and liquid flow rate oper- ating parameters over the 3-hour performance test during which emissions did not exceed the emissions limitation. 3. Stack emissions from all Emissions must not exceed 7 percent opacity ...... Each of the thirty 6-minute opacity averages during the MPO at a new, recon- initial compliance period, using Method 9 in appendix structed or existing af- A to part 60 of this chapter, does not exceed the 7 fected source, unless the percent opacity limit. stack emissions are dis- charged through a wet scrubber control device. 4. Fugitive emissions from Emissions must not exceed 10 percent opacity ...... Each of the 6-minute opacity averages during the initial all MPO at a new, recon- compliance period, using Method 9 in appendix A to structed or existing af- part 60 of this chapter, does not exceed the 10 per- fected source. cent opacity limit. 5. All MPO at a new, recon- All of the individually affected MPO must comply with All the MPO enclosed in the building have dem- structed or existing af- the applicable PM and opacity emission limitations onstrated initial compliance according to the applica- fected source, enclosed in for items 2 through 4 of this Table 3, or the building ble requirements for items 2 through 4 of this Table a building. must comply with the following: there must be no 3; or if you are complying with the building emission visible emissions from the building, except from a limitations, there are no visible emissions from the vent, and vent emissions must not exceed the emis- building according to item 18 of Table 4 to this sub- sion limitations in items 2 and 3 of this Table 3. part and § 63.7112(k), and you demonstrate initial compliance with applicable building vent emissions limitations according to the requirements in items 2 and 3 of this Table 3. 6. Each fabric filter that con- Emissions must not exceed 7 percent opacity ...... Each of the ten 6-minute averages during the 1-hour trols emissions from only initial compliance period, using Method 9 in appendix an individual storage bin. A to part 60 of this chapter, does not exceed the 7 percent opacity limit. 7. Each set of multiple stor- You must comply with the emission limitations in items You demonstrate initial compliance according to the re- age bins with combined 2 and 3 of this Table 3. quirements in items 2 and 3 of this Table 3. stack emissions.
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TABLE 4 TO SUBPART AAAAA OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS [You must conduct each performance test in the following table that applies to you, as required in § 63.7112]
According to the following require- For . . . You must . . . Using . . . ments . . .
1. Each lime kiln and each associ- Select the location of the sam- Method 1 or 1A of appendix A to Sampling sites must be located at ated lime cooler, if there is a pling port and the number of part 60 of this chapter; and the outlet of the control de- separate exhaust to the atmos- traverse ports. § 63.7(d)(1)(i). vice(s) and prior to any re- phere from the associated lime leases to the atmosphere. cooler. 2. Each lime kiln and each associ- Determine velocity and volumetric Method 2, 2A, 2C, 2D, 2F, or 2G Not applicable. ated lime cooler, if there is a flow rate. in appendix A to part 60 of this separate exhaust to the atmos- chapter. phere from the associated lime cooler. 3. Each lime kiln and each associ- Conduct gas molecular weight Method 3, 3A, or 3B in appendix Not applicable. ated lime cooler, if there is a analysis. A to part 60 of this chapter. separate exhaust to the atmos- phere from the associated lime cooler. 4. Each lime kiln and each associ- Measure moisture content of the Method 4 in appendix A to part 60 Not applicable. ated lime cooler, if there is a stack gas. of this chapter. separate exhaust to the atmos- phere from the associated limit cooler. 5. Each lime kiln and each associ- Measure PM emissions ...... Method 5 in appendix A to part 60 Conduct the test(s) at the highest ated lime cooler, if there is a of this chapter. production level reasonably ex- separate exhaust to the atmos- pected to occur; the minimum phere from the associated lime sampling volume must be 0.85 cooler, and which uses a nega- dscm (30 dscf); if there is a tive pressure PM control device. separate lime cooler exhaust to the atmosphere, you must con- duct the Method 5 test of the cooler exhaust concurrently with the kiln exhaust test. 6. Each lime kiln and each associ- Measure PM emissions ...... Method 5D in appendix A to part Conduct the test(s) at the highest ated lime cooler, if there is a 60 of this chapter. production level reasonably ex- separate exhaust to the atmos- pected to occur; if there is a phere from the associated lime separate lime cooler exhaust to cooler, and which uses a posi- the atmosphere, you must con- tive pressure fabric filter or ESP. duct the Method 5 test of the separate cooler exhaust con- currently with the kiln exhaust test. 7. Each lime kiln ...... Determine the mass rate of stone Any suitable device ...... Calibrate and maintain the device feed to the kiln during the kiln according to manufacturer’s in- PM emissions test. structions; the measuring de- vice used must be accurate to within ±5 percent of the mass rate over its operating range. 8. Each lime kiln equipped with a Establish the operating limit for Data for the gas stream pressure The continuous pressure drop wet scrubber. the average gas stream pres- drop measurement device dur- measurement device must be sure drop across the wet scrub- ing the kiln PM performance accurate within plus or minus 1 ber. test. percent; you must collect the pressure drop data during the period of the performance test and determine the operating limit according to 63.7112(j). 9. Each lime kiln equipped with a Establish the operating limit for Data from the liquid flow rate The continuous scrubbing liquid wet scrubber. the average liquid flow rate to measurement device during the flow rate measuring device the scrubber. kiln PM performance test. must be accurate within plus or minus 1 percent; you must col- lect the flow rate data during the period of the performance test and determine the oper- ating limit according to 63.7112(j). 10. Each lime kiln equipped with Establish the operating limits for The ESP operating data during You must collect the current and an ESP, except ESP monitored the average current and the av- the kiln PM performance test. voltage data during the period with a PM detector in lieu of erage voltage supplied to each of the performance test and de- monitoring ESP parameters. field of the ESP. termine the operating limits for both parameters according to 63.7112(j).
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TABLE 4 TO SUBPART AAAAA OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [You must conduct each performance test in the following table that applies to you, as required in § 63.7112]
According to the following require- For . . . You must . . . Using . . . ments . . .
11. (a) Each lime kiln equipped Have installed and have operating Standard operating procedures in- According to the requirements in with a fabric filter or ESP that is the bag leak detector or PM de- corporated into the OM&M plan. § 63.7113(d) or (e), respec- monitored with a PM detector. tector, respectively prior to the tively. performance test. 11. (b) Each lime kiln equipped Have installed and have operating Standard operating procedures in- According to the requirements in with a fabric filter or ESP that is the COMS prior to the perform- corporated into the OM&M plan § 63.7113(g). monitored with a COMS. ance test. and as required by 40 CFR part 63, subpart A, General Provi- sions and according to PS–1 of appendix B to part 60 of this chapter. 12. Each stack emission from an Measure PM emissions ...... Method 5 or Method 17 in appen- The sample volume must be at MPO, vent from a building en- dix A to part 60 of this chapter. least 1.70 dscm (60 dscf); for closing an MPO, or set of mul- Method 5, if the gas stream tiple storage bins with combined being sampled is at ambient stack emissions, which is sub- temperature, the sampling ject to a PM emission limit. probe and filter may be oper- ated without heaters; and if the gas stream is above ambient temperature, the sampling probe and filter may be oper- ated at a temperature high enough, but no higher than 121°C (250°F), to prevent water condensation on the filter (Method 17 may be used only with exhaust gas temperatures of not more than 250 °F). 13. Each stack emission from an Conduct opacity observations ...... Method 9 in appendix A to part 60 The test duration must be for at MPO, vent from a building en- of this chapter. least 3 hours and you must ob- closing an MPO, or set of mul- tain at least thirty, 6-minute tiple storage bins with combined averages. stack emissions, which is sub- ject to an opacity limit. 14. Each stack emissions source Establish the average gas stream Data for the gas stream pressure The pressure drop measurement from an MPO subject to a PM or pressure drop across the wet drop measurement device dur- device must be accurate within opacity limit, which uses a wet scrubber. ing the MPO stack PM perform- plus or minus 1 percent; you scrubber. ance test. must collect the pressure drop data during the period of the performance test and determine the average level. 15. Each stack emissions source Establish the operating limit for Data from the liquid flow rate The continuous scrubbing liquid from an MPO subject to a PM or the average liquid flow rate to measurement device during the flow rate measuring device opacity limit, which uses a wet the scrubber. MPO stack PM performance must be accurate within plus or scrubber. test. minus 1 percent; you must col- lect the flow rate data during the period of the performance test and determine the oper- ating limit according to § 63.7112(c). 16. Each fabric filter that controls Conduct opacity observations ...... Method 9 in appendix A to part 60 The test duration must be for at emissions from only an indi- of this chapter. least 1 hour and you must ob- vidual, enclosed, new or existing tain ten 6-minute averages. storage bin. 17. Fugitive emissions from any Conduct opacity observations ...... Method 9 in appendix A to part 60 The test duration must be for at MPO subject to an opacity limit. of this chapter. least 3 hours, but the 3-hour test may be reduced to 1 hour if there are no individual readings greater than 10 percent opacity and there are no more than three readings of 10 percent during the first 1-hour period.
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TABLE 4 TO SUBPART AAAAA OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [You must conduct each performance test in the following table that applies to you, as required in § 63.7112]
According to the following require- For . . . You must . . . Using . . . ments . . .
18. Each building enclosing any Conduct VE check ...... The specifications in § 63.7112(k). The performance test must be MPO, that is subject to a VE conducted while all affected limit. materials processing operations within the building are oper- ating; the performance test for each affected building must be at least 75 minutes, with each side of the building and roof being observed for at least 15 minutes.
TABLE 5 TO SUBPART AAAAA OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS [You must demonstrate continuous compliance with each operating limit that applies to you, according to the following table, as required in § 63.7121]
For . . . For the following operating limit . . . You must demonstrate continuous compliance by . . .
1. Each lime kiln controlled by a wet scrubber .. Maintain the 3-hour rolling average exhaust Collecting the wet scrubber operating accord- gas stream pressure drop across the wet ing to all applicable requirements in scrubber greater than or equal to the pres- § 63.7113 and reducing the data according sure drop operating limit established during to § 63.7113(a); maintaining the 3-hour roll- the PM performance test; and maintain the ing average exhaust gas stream pressure 3-hour rolling average scrubbing liquid flow drop across the wet scrubber greater than rate greater than or equal to the flow rate or equal to the pressure drop operating limit operating limit established during the per- established during the PM performance formance test. test; and maintaining the 3-hour rolling av- erage scrubbing liquid flow rate greater than or equal to the flow rate operating limit established during the performance test (the continuous scrubbing liquid flow rate measuring device must be accurate, within ±1% and the continuous pressure drop measurement hour rolling device must be accurate within ±1%). 2. Each lime kiln or lime cooler equipped with a a. Maintain and operate the fabric filter or (i) Operating the fabric filter or ESP so that fabric filter and using a bag leak detector, ESP such that the bag leak or PM detector the alarm on the bag leak or PM detection and each lime kiln equipped with an ESP alarm, respectively, is not activated and system, respectively, is not activated and using a PM detector in lieu of ESP parameter alarm condition does not exist for more alarm condition does not exist for more monitoring. than 5 percent of the total operating time in than 5 percent of the total operating time in a 6-month period. each 6-month reporting period; and continu- ously recording the output from the bag leak or PM detection system. (ii) Each time the alarm sounds and the owner or operator initiates corrective ac- tions within 1 hour of the alarm, 1 hour of alarm time will be counted (if the owner or operator takes longer than 1 hour to initiate corrective actions, alarm time will be count- ed as the actual amount of time taken by the owner or operator to initiate corrective actions); if inspection of the fabric filter or ESP system demonstrates that no correc- tive actions are necessary, no alarm time will be counted. 3. Each lime kiln equipped with an ESP, except Maintain the 3-hour rolling average current Collecting the ESP operating data according an ESP monitoring PM with a PM detector or and voltage input to each electrical field of to all applicable requirements in § 63.7113 COMS. the ESP greater than or equal to the aver- and reducing the data according to age current and voltage input to each field § 63.7113(a), and maintaining the 3-hour of the ESP established during the perform- rolling average voltage input and current ance test. input to each field greater than or equal to voltage input and current input operating limits for each field established during the performance test.
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TABLE 5 TO SUBPART AAAAA OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued [You must demonstrate continuous compliance with each operating limit that applies to you, according to the following table, as required in § 63.7121]
You must demonstrate continuous compliance For . . . For the following operating limit . . . by . . .
4. Each stack emissions source form a MPO Maintain the 3-hour rolling average exhaust Collecting the wet scrubber operating data ac- subject to an opacity limit, which is controlled gas stream pressure drop across the wet cording to all applicable requirements in by a wet scrubber. scrubber greater than or equal to the pres- § 63.7113 and reducing the data according sure drop operating limit established during to § 63.7113(a); maintaining the 3-hour roll- the PM performance test; and maintain the ing average exhaust gas stream pressure 3-hour rolling average scrubbing liquid flow drop across the wet scrubber greater than rate greater than or equal to the flow rate or equal to the pressure drop operating limit operating limit established during the per- established during the PM performance formance test. test; and maintaining the 3-hour rolling av- erage scrubbing liquid flow rate greater than or equal to the flow rate operating limit established during the performance test (the continuous scrubbing liquid flow rate measuring device must be accurate within ±1% and the continuous pressure drop measurement device must be accurate within ±1%). 5. For each lime kiln or lime cooler equipped a. Maintain and operate the fabric filter or i. Installing, maintaining, calibrating and oper- with a fabric filter or an ESP that uses a ESP such that the average opacity for any ating a COMS as required by 40 CFR part COMS as the monitoring device. 6-minute block period does not exceed 15 63, subpart A, General Provisions and ac- percent. cording to PS–1 of appendix B to part 60 of this chapter. ii. Collecting the COMS data at a frequency of at least once every 15 seconds, deter- mining block averages for each 6-minute period and demonstrating for each 6-minute block period the average opacity does not exceed 15 percent.
TABLE 6 TO SUBPART AAAAA OF PART 63.—PERIODIC MONITORING FOR COMPLIANCE WITH OPACITY AND VISIBLE EMISSIONS LIMITS [You must periodically demonstrate compliance with each opacity and visible emission limit that applies to you, according to the following table, as required in § 63.7121]
You must demonstrate ongoing compliance . . For . . . For the following emission limitation . . . .
1. Each MPO subject to an opacity limitation as a. 7–15 percent opacity, depending on the (i) Conducting a monthly 1-minute VE check required in Table 1 to this subpart, or any materials processing operation, as required of each emission unit in accordance with vents from buildings subject to an opacity in Table 1 to this subpart. § 63.7121(e); the check must be conducted limitation. while the affected source is in operation. (ii) If no VE are observed in 6 consecutive monthly checks for any emission unit, you may decrease the frequency of VE check- ing from monthly to semi-annually for that emission unit; if VE are observed during any semiannual check, you must resume VE checking of that emission unit on a monthly basis and maintain that schedule until no VE are observed in 6 consecutive monthly checks. (iii) If no VE are observed during the semi- annual check for any emission unit, you may decrease the frequency of VE check- ing from semi-annually to annually for that emission unit; if VE are observed during any annual check, you must resume VE checking of that emission unit on a monthly basis and maintain that schedule until no VE are observed in 6 consecutive monthly checks.
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TABLE 6 TO SUBPART AAAAA OF PART 63.—PERIODIC MONITORING FOR COMPLIANCE WITH OPACITY AND VISIBLE EMISSIONS LIMITS—Continued [You must periodically demonstrate compliance with each opacity and visible emission limit that applies to you, according to the following table, as required in § 63.7121]
You must demonstrate ongoing compliance . . For . . . For the following emission limitation . . . .
(iv) If VE are observed during any VE check, you must conduct a 6-minute test of opacity in accordance with Method 9 of appendix A to part 60 of this chapter; you must begin the Method 9 test within 1 hour of any ob- servation of VE and the 6-minute opacity reading must not exceed the applicable opacity limit. 2. Any building subject to a VE limit, according a. No VE ...... (i) Conducting a monthly VE check of the to item 6 of Table 1 to this subpart. building, in accordance with the specifica- tions in § 63.7112(k); the check must be conducted while all the enclosed according MPO are in operation. (ii) The check for each affected building must be at least 5 minutes, with each side of the building and roof being observed for at least 1 minute. (iii) If no VE are observed in 6 consecutive monthly checks of the building, you may decrease the frequency of checking from monthly to semi-annually for that affected source; if VE are observed during any semi-annual check, you must resume checking on a monthly basis and maintain that schedule until no VE are observed in 6 consecutive monthly checks. (iv) If no VE are observed during the semi-an- nual check, you may decrease the fre- quency of checking from semi-annually to annually for that affected source; and if VE are observed during any annual check, you must resume checking of that emission unit on a monthly basis and maintain that schedule until no VE are observed in 6 con- secutive monthly checks (the source is in compliance if no VE are observed during any of these checks).
TABLE 7 TO SUBPART AAAAA OF PART 63.—REQUIREMENTS FOR REPORTS [You must submit each report in this table that applies to you, as required in § 63.7131]
You must submit a . . . The report must contain . . . You must submit the report . . .
1. Compliance report ...... a. If there are no deviations from any emis- Semiannually according to the requirements sion limitations (emission limit, operating in § 63.7131(b). limit, opacity limit, and VE limit) that applies to you, a statement that there were no devi- ations from the emission limitations during the reporting period. b. If there were no periods during which the CMS, including the operating parameter monitoring systems, was out-of-control as specified in § 63.8(c)(7), a statement that there were no periods during which the CMS was out-of-control during the reporting period. c. If you have a deviation from any emission limitation (emission limit, operating limit, opacity limit, and VE) during the reporting period, the report must contain the informa- tion in § 63.7131(c). d. If there were periods during which the CMS, including the operating parameter monitoring systems, was out-of-control, as specified in § 63.8(c)(7), the report must contain the information in § 63.7131(e).
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TABLE 7 TO SUBPART AAAAA OF PART 63.—REQUIREMENTS FOR REPORTS—Continued [You must submit each report in this table that applies to you, as required in § 63.7131]
You must submit a . . . The report must contain . . . You must submit the report . . .
e. If you had a startup, shutdown or malfunc- tion during the reporting period and you took actions consistent with your SSMP, the compliance report must include the informa- tion in § 63.10(d)(5)(i). 2. An immediate startup, shutdown, and mal- Actions taken for the event ...... By fax or telephone within 2 working days function report if you had a startup, shut- after starting actions inconsistent with the down, or malfunction during the reporting pe- SSMP. riod that is not consistent with your SSMP. 3. An immediate startup, shutdown, and mal- The information in § 63.10(d)(5)(ii) ...... By letter within 7 working days after the end function report if you had a startup, shut- of the event unless you have made alter- down, or malfunction during the reporting pe- native arrangements with the permitting au- riod that is not consistent with your SSMP. thority. See § 63.10(d)(5)(ii).
TABLE 8 TO SUBPART AAAAA OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA [You must comply with the applicable General Provisions requirements according to the following table]
Am I subject to Citation Summary of requirement this require- Explanations ment?
63.1(a)(1)–(4) ...... Applicability ...... Yes. 63.1(a)(5) ...... No. 63.1(a)(6) ...... Applicability ...... Yes. 63.1(a)(7)–(a)(9) ...... No. 63.1(a)(10)–(a)(14) ...... Applicability ...... Yes. 63.1(b)(1) ...... Initial Applicability Determination ...... Yes ...... §§ 63.7081 and 63.7142 specify additional ap- plicability determination requirements. 63.1(b)(2) ...... No. 63.1(b)(3) ...... Initial Applicability Determination ...... Yes. 63.1(c)(1) ...... Applicability After Standard Established ...... Yes. 63.1(c)(2) ...... Permit Requirements ...... No ...... Area sources not subject to subpart AAAAA, except all sources must make initial appli- cability determination. 63.1(c)(3) ...... No. 63.1(c)(4)–(5) ...... Extensions, Notifications ...... Yes. 63.1(d) ...... No. 63.1(e) ...... Applicability of Permit Program ...... Yes. 63.2 ...... Definitions ...... Additional definition in § 63.7143. 63.3(a)–(c) ...... Units and Abbreviations ...... Yes. 63.4(a)(1)–(a)(2) ...... Prohibited Activities ...... Yes. 63.4(a)(3)–(a)(5) ...... No. 63.4(b)–(c) ...... Circumvention, Severability ...... Yes. 63.5(a)(1)–(2) ...... Construction/Reconstruction ...... Yes. 63.5(b)(1) ...... Compliance Dates ...... Yes. 63.5(b)(2) ...... No. 63.5(b)(3)–(4) ...... Construction Approval, Applicability ...... Yes. 63.5(b)(5) ...... No. 63.5(b)(6) ...... Applicability ...... Yes. 63.5(c) ...... No. 63.5(d)(1)–(4) ...... Approval of Construction/Reconstruction ...... Yes. 63.5(e) ...... Approval of Construction/Reconstruction ...... Yes. 63.5(f)(1)–(2) ...... Approval of Construction/Reconstruction ...... Yes. 63.6(a) ...... Compliance for Standards and Maintenance .. Yes. 63.6(b)(1)–(5) ...... Compliance Dates ...... Yes. 63.6(b)(6) ...... No. 63.6(b)(7) ...... Compliance Dates ...... Yes. 63.6(c)(1)–(2) ...... Compliance Dates ...... Yes. 63.6(c)(3)–(c)(4) ...... No. 63.6(c)(5) ...... Compliance Dates ...... Yes. 63.6(d) ...... No. 63.6(e)(1) ...... Operation & Maintenance ...... Yes ...... See also § 63.7100 for OM&M requirements. 63.6(e)(2) ...... No. 63.6(e)(3) ...... Startup, Shutdown Malfunction Plan ...... Yes. 63.6(f)(1)–(3) ...... Compliance with Emission Standards ...... Yes. 63.6(g)(1)–(g)(3) ...... Alternative Standard ...... Yes. 63.6(h)(1)–(2) ...... Opacity/VE Standards ...... Yes.. 63.6(h)(3) ...... No.
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TABLE 8 TO SUBPART AAAAA OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued [You must comply with the applicable General Provisions requirements according to the following table]
Am I subject to Citation Summary of requirement this require- Explanations ment?
63.6(h)(4)–(h)(5)(i) ...... Opacity/VE Standards ...... Yes ...... This requirement only applies to opacity and VE performance checks required in Table 4 to subpart AAAAA. 63.6(h)(5)(ii)–(iii) ...... Opacity/VE Standards...... No ...... Test durations are specified in subpart AAAAA; subpart AAAAA takes precedence. 63.6(h)(5)(iv) ...... Opacity/VE Standards ...... No. 63.6(h)(5)(v) ...... Opacity/VE Standards ...... Yes. 63.6(h)(6) ...... Opacity/VE Standards ...... Yes. 63.6(h)(7) ...... COM Use ...... No ...... No COM required under subpart AAAAA. 63.6(h)(8) ...... Compliance with Opacity and VE ...... Yes. 63.6(h)(9) ...... Adjustment of Opacity Limit ...... Yes. 63.6(i)(1)–(i)(14) ...... Extension of Compliance ...... Yes. 63.6(i)(15) ...... No. 63.6(i)(16) ...... Extension of Compliance ...... Yes. 63.6(j) ...... Exemption from Compliance ...... Yes. 63.7(a)(1)–(a)(3) ...... Performance Testing Requirements ...... Yes ...... § 63.7110 specifies deadlines; § 63.7112 has additional specific requirements. 63.7(b) ...... Notification ...... Yes. 63.7(c) ...... Quality Assurance/Test Plan ...... Yes. 63.7(d) ...... Testing Facilities ...... Yes. 63.7(e)(1)–(4) ...... Conduct of Tests ...... Yes. 63.7(f) ...... Alternative Test Method ...... Yes. 63.7(g) ...... Data Analysis ...... Yes. 63.7(h) ...... Waiver of Tests ...... Yes. 63.8(a)(1) ...... Monitoring Requirements ...... Yes ...... See also § 63.7113. 63.8(a)(2) ...... Monitoring ...... Yes. 63.8(a)(3) ...... No. 63.8(a)(4) ...... Monitoring ...... No ...... Flares not applicable. 63.8(b)(1)–(3) ...... Conduct of Monitoring ...... Yes. 63.8(c)(1)–(3) ...... CMS Operation/Maintenance ...... Yes. 63.8(c)(4) ...... CMS Requirements ...... No ...... See § 63.7121. 63.8(c)(4)(i)–(ii) ...... Cycle Time for COM and CEMS ...... No ...... No COM or CEMS are required under subpart AAAAA; see § 63.7113 for CPMS require- ments. 63.8(c)(5) ...... Minimum COM procedures ...... No COM not required. 63.8(c)(6) ...... CMS Requirements ...... No See § 63.7113. 63.8(c)(7)–(8) ...... CMS Requirements ...... Yes. 63.8(d) ...... Quality Control ...... No ...... See § 63.7113. 63.8(e) ...... Performance Evaluation for CMS ...... No. 63.8(f)(1)–(f)(5) ...... Alternative Monitoring Method ...... Yes. 63.8(f)(6) ...... Alternative to Relative Accuracy test ...... No. 63.8(g)(1)–(g)(5) ...... Data Reduction; Data That Cannot Be Used .. No ...... See data reduction requirements in §§ 63.7120 and 63.7121. 63.9(a) ...... Notification Requirements ...... Yes ...... See also § 63.7130 63.9(b) ...... Initial Notifications ...... Yes. 63.9(c) ...... Request for Compliance Extension ...... Yes. 63.9(d) ...... New Source Notification for Special Compli- Yes. ance Requirements. 63.9(e) ...... Notification of Performance Test ...... Yes. 63.9(f) ...... Notification of VE/Opacity Test ...... Yes ...... This requirement only applies to opacity and VE performance tests required in Table 4 to subpart AAAAA. Notification not required for VE/opacity test under Table 6 to subpart AAAAA. 63.9(g) ...... Additional CMS Notifications ...... No ...... Not required for operating parameter moni- toring. 63.9(h)(1)–(h)(3) ...... Notification of Compliance Status ...... Yes. 63.9(h)(4) ...... No.. 63.9(h)(5)–(h)(6) ...... Notification of Compliance Status ...... Yes. 63.9(i) ...... Adjustment of Deadlines ...... Yes. 63.9(j) ...... Change in Previous Information ...... Yes. 63.10(a) ...... Recordkeeping/Reporting General Require- Yes ...... See §§ 63.7131 through 63.7133. ments. 63.10(b)(1)–(b)(2)(xii) ...... Records ...... Yes. 63.10(b)(2)(xiii) ...... Records for Relative Accuracy Test ...... No. 63.10(b)(2)(xiv) ...... Records for Notification ...... Yes. 63.10(b)(3) ...... Applicability Determinations ...... Yes. 63.10(c) ...... Additional CMS Recordkeeping ...... No ...... See § 63.7132. 63.10(d)(1) ...... General Reporting Requirements ...... Yes.
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TABLE 8 TO SUBPART AAAAA OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued [You must comply with the applicable General Provisions requirements according to the following table]
Am I subject to Citation Summary of requirement this require- Explanations ment?
63.10(d)(2) ...... Performance Test Results ...... Yes. 63.10(d)(3) ...... Opacity or VE Observations ...... Yes ...... For the periodic monitoring requirements in Table 6 to subpart AAAAA, report according to § 63.10(d)(3) only if VE observed and subsequent visual opacity test is required. 63.10(d)(4) ...... Progress Reports ...... Yes. 63.10(d)(5) ...... Startup, Shutdown, Malfunction Reports ...... Yes. 63.10(e) ...... Additional CMS Reports ...... No ...... See specific requirements in subpart AAAAA, see § 63.7131. 63.10(f) ...... Waiver for Recordkeeping/Reporting ...... Yes. 63.11(a)–(b) ...... Control Device Requirements ...... No ...... Flares not applicable. 63.12(a)–(c) ...... State Authority and Delegations ...... Yes. 63.13(a)–(c) ...... State/Regional Addresses ...... Yes. 63.14(a)–(b) ...... Incorporation by Reference ...... Yes. ASTM 6420–99 and 6735–01 (see § 63.14). 63.15(a)–(b) ...... Availability of Information ...... Yes.
* * * * * [FR Doc. 02–31233 Filed 12–19–02; 8:45 am] BILLING CODE 6560–50–P
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Part III
Department of Energy Bonneville Power Administration
2004 Transmission Rate Case; Public Hearing and Opportunities for Public Review and Comment; Notice
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DEPARTMENT OF ENERGY 1. Petitions to intervene should be procedures implement the statutory directed to George Schaaf, Hearing section 7(i) requirements. This rate Bonneville Power Administration Clerk—LT–7, Bonneville Power proceeding will be governed by section [BPA File No. TR–04] Administration, 905 NE 11th Ave., 1010.9 of the Procedures providing for Portland, Oregon, 97232. In addition, a a general rate proceeding, as modified 2004 Transmission Rate Case; Public copy of the petition must be served by the Hearing Officer at the pre-hearing Hearing and Opportunities for Public concurrently on BPA’s General Counsel conference. However, BPA will not hold Review and Comment and directed to Barry Bennett—LT–7, any field hearings to provide for non- Office of General Counsel, 905 NE 11th party participant oral comments. AGENCY: Bonneville Power Ave., Portland, Oregon 97232 (see Part Section 1010.7 of the Procedures Administration (BPA), Department of III.A for more information). prohibits ex parte communications. BPA Energy (DOE). 2. Written comments by participants imposed ex parte limitations beginning ACTION: Notice of 2004 Transmission should be submitted to the Manager, December 10, 2003. Rate Case. Corporate Communication—DM–7, The Bonneville Project Act, 16 U.S.C. 832; the Flood Control Act of 1944, 16 SUMMARY: BPA File No. TR–04. BPA Bonneville Power Administration, P.O. U.S.C. 825s; the Federal Columbia River requests that all comments and Box 12999, Portland, Oregon, 97212. Transmission System Act, 16 U.S.C. documents intended to become part of You may also e-mail your comments to: 838; the Northwest Power Act, 16 U.S.C. the Official Record in this proceeding [email protected]. 839; and the Federal Power Act, 16 contain the file number designation TR– 3. The pre-hearing conference will be held in the BPA Rates Hearing Room, U.S.C. 212(i)(1)(B)(ii) provide guidance 04. regarding BPA’s ratemaking. The BPA must establish transmission and 2nd floor, 911 NE 11th Ave., Portland, Northwest Power Act requires BPA to ancillary service rates to be effective Oregon. set rates that are sufficient to recover, in October 1, 2003, when current FOR FURTHER INFORMATION CONTACT: accordance with sound business transmission and ancillary service rates Information may also be obtained from principles, the costs of the acquisition, expire. BPA’s Transmission Business Michael Hansen—DM–7, Public conservation, and transmission of Line (TBL) held a public workshop in Involvement and Information Specialist, electric power, including amortization August 2002 to begin discussing with Bonneville Power Administration, P.O. Box 3621, Portland, Oregon, 97208– of the Federal investment over a interested parties issues associated with reasonable period of years, and the other the upcoming 2004 Transmission Rate 3621; by phone at (503) 230–4328 or toll free at 1–800–622–4519; or via e-mail to costs and expenses incurred by the Case. At the parties’ suggestion, TBL Administrator. The Federal Columbia and the parties met often over the next [email protected]. You may also contact Dennis Metcalf, Transmission System Act requires that two months to negotiate settlement of the costs of the Federal Columbia River the rate case. The resulting Settlement Transmission Rate Case Manager, Bonneville Power Administration, P.O. Transmission System be equitably Agreement includes transmission and allocated between Federal and non- ancillary service rate levels for the Box 491, Vancouver, Washington, 98666. Federal power utilizing the system. In Fiscal Years 2004 and 2005 rate period, addition, rates for Federal Energy and addresses a small set of other SUPPLEMENTARY INFORMATION: Regulatory Commission (Commission) issues. The Settlement Agreement was Table of Contents ordered transmission service shall be set sent to TBL customers and interested to permit the recovery of all costs parties for signature. TBL signed the Part I—Introduction and Procedural incurred in connection with the Settlement Agreement after receiving Background Part II—Purpose and Scope of Hearing transmission service and necessary signed agreements from most TBL associated services. BPA’s proposed customers. TBL’s initial rate proposal Part III—Public Participation Part IV—Major Analyses and Summary of 2004 Transmission and Ancillary reflects the terms of the Settlement Proposal Service Rate Schedules are published in Agreement. Part V—2004 Transmission and Ancillary Part V below. The Settlement By this notice, BPA announces its Service Rate Schedules Agreement, and the rate studies and proposed transmission and ancillary documentation listed in Part IV will be service rates to be effective on October Part I—Introduction and Procedural Background provided to parties at the pre-hearing 1, 2003, and the commencement of the conference to be held on January 13, 2004 Transmission Rate Case. Section 7(i) of the Northwest Power 2003, beginning at 9 a.m., at the BPA DATES: Persons wishing to become Act, 16 U.S.C. 839e(i), requires that Rates Hearing Room, 2nd floor, 911 NE formal parties to the proceeding must BPA’s rates be established according to 11th Ave., Portland, Oregon. notify BPA in writing of their intention certain procedures. These procedures To request a copy of the Settlement to do so by submitting a petition to include, among other things, Agreement or any of the studies by intervene at the address provided publication of notice of the proposed telephone, call BPA’s document request below. Petitions to intervene must be rates in the Federal Register; one or line, (503) 230–4328 or call toll-free 1– received by BPA by 4:30 p.m., Pacific more hearings conducted as 800–622–4519. Please request the Time, on January 8, 2003. Petitions to expeditiously as practicable by a document by its listed title. Also state intervene are discussed further below, Hearing Officer; opportunity for both whether you require the accompanying in Part III.A. oral presentation and written documentation (these can be quite The Rate Case will begin with a pre- submission of views, data, questions, lengthy); otherwise the study alone will hearing conference at 9 a.m. on January and arguments related to the proposed be provided. The Settlement Agreement, 13, 2003, in Portland, Oregon. rates; and a decision by the studies and documentation will also be Written comments by non-party Administrator based on the record. available on BPA’s Web site at http:// participants must be received by March BPA’s rate proceedings are governed by www2.transmission.bpa.gov/ratecase. 21, 2003, to be considered in the Record BPA’s Procedures Governing Bonneville A proposed schedule for the formal of Decision (ROD). Power Administration Rate Hearings, 51 hearing is provided below. A final ADDRESSES: FR 7611 (1986) (Procedures). These schedule will be established by the
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Hearing Officer at the pre-hearing which performs BPA’s wholesale and the signatories to the Settlement conference. merchant functions, and BPA’s Agreement agree not to challenge, the January 13, 2003—Pre-hearing Transmission Business Line (TBL), revised Attachment K. BPA will file the Conference and Filing of BPA which performs BPA’s transmission revised Attachment K as a proposed Direct Case system operations and reliability amendment to BPA’s OATT to be January 16, 2003—Clarification functions. effective as of October 1, 2003. Such January 21, 2003—Objections to Initial Beginning with the 2002 rate case, filing will not be part of this rate Proposal Due BPA has held separate rate proceedings proceeding. January 23, 2003—Scheduling to set power and transmission rates. In The Settlement Agreement recognizes Conference the 2002 Power Rate Case, the PBL the possibility that parties to the 2004 July 28, 2003—Final Record of Decision established power rates to be effective Transmission Rate Case that have not If no objections to the TBL’s Initial through September 30, 2006. In the 2002 signed the Settlement Agreement may Proposal are filed, it will not be Transmission Rate Case the TBL object to the TBL’s Initial Proposal. If necessary to schedule additional dates established transmission rates to be any party objects to the Initial Proposal, for the hearing. In such case, the date for effective through September 30, 2003. TBL may continue to defend the Initial the Final Record of Decision can be The 2004 Transmission Rate Case Proposal or submit a revised proposal. adjusted. If any party objects to the proceeding will establish transmission If TBL submits a revised proposal, Initial Proposal, TBL may continue to rates for the period October 1, 2003, signatories to the Settlement Agreement defend the Initial Proposal or submit a through September 30, 2005. may contest any aspect of the revised proposal. If TBL does not revise its revised proposal. If objections are filed, 2. PBL as a Party to the Rate Case the TBL proposes to meet with the Initial Proposal, and the Administrator parties before the scheduling conference Because BPA has separated its power establishes transmission rates consistent to discuss an appropriate schedule that and transmission functions and sets its with the Initial Proposal, the signatories provides sufficient time for parties that power and transmission rates in have agreed not to challenge approval of have objected to the Initial Proposal to separate proceedings, it is appropriate the rates by FERC, or in any judicial file a direct case, for the TBL to file a that the PBL be a party to the forum. transmission rate proceeding. revised proposal, if it so chooses, and C. Cost Increases for all parties to respond to such revised Accordingly, PBL will be considered a proposal, if any, and to the testimony of party to the Transmission Rate Case for Over the past few years there has been increasing focus on the reliability and the other parties. all purposes under the BPA Procedures. The PBL may file testimony and briefs availability of the transmission system. Part II—Purpose and Scope of Hearing as a party and will be entitled to all In 1996, a major transmission outage other procedural rights of a party. In affected the western United States. From A. Key Components particular, the PBL shall be considered 2000 to 2001, California deregulation, 1. Overview a party for purposes of ex parte drought in California and the BPA is committed to marketing its communications. Northwest, and bottlenecks in the transmission system all focused the power and transmission services B. Settlement Agreement separately in a manner that is modeled region on system reliability and TBL and most of its customers are after the regulatory initiatives to availability and their effect on energy parties to a Settlement Agreement that promote competition in wholesale costs. In order to ensure transmission provides for TBL to submit an initial power markets that were adopted by the system reliability and availability, BPA transmission rate proposal that Commission in 1996. The Commission’s developed an infrastructure plan with incorporates the provisions of the initiatives in Orders 888 1 2 objectives to reinforce the transmission and 889 Settlement Agreement. The Settlement directed public utilities to separate their system to continue compliance with Agreement provides for a 1.5% increase national reliability standards; maintain power merchant functions from their for most transmission and ancillary transmission functions; unbundle and improve the availability of the service rates, and a 2.6% increase for transmission system; and remove transmission and ancillary services from the Network Integration (NT) rate. The constraints that limit electricity trading wholesale power services; and set additional increase in the NT rate is and BPA’s ability to maintain the separate rates for wholesale generation, intended to recover $1 million of system. The TBL capital program transmission, and ancillary services. redispatch costs. The Settlement increase of about 10 percent in the FY Although BPA is not required by statute Agreement also includes the following 2004–2005 period over current levels to follow the Commission’s regulatory additional provisions: a revised rate reflects the need for system additions to directives, to the extent permitted by structure for the Energy Imbalance and remove transmission bottlenecks law BPA has separated its power and Generation Imbalance rates; a reduced resulting from load growth and the transmission operations and unbundled Unauthorized Increase Charge; the changing generation patterns and uses, its rates in a manner consistent with the TBL’s commitment to hold a series of and for replacements of older facilities. directives concerning open access public meetings to address certain TBL On the expense side, increased expenses transmission service. Accordingly, in business practices; TBL’s commitment consist primarily of additional interest 1996 BPA established separate business to implement systems no later than and depreciation associated with the lines: BPA’s Power Business Line (PBL), October 1, 2003, that allow Point-to- increased capital program. TBL will Point Service customers to redirect firm hold increases in operating expenses to 1 Promoting Wholesale Competition Through Open Access Non-Discriminatory Transmission transmission service; and payment by less than the rate of inflation as decided Services by Pubic Utilities; Recovery of Stranded TBL to PBL of $3 million per year for by the Administrator in the Programs in Costs by Public Utilities and Transmitting Utilities, redispatch services described in a Review process. The operating expenses FERC Stats. & Regs. para. 31,036 (1996). revised Attachment K to BPA’s Open include the $3 million per year that the 2 Open Access Same-Time Information System (formerly Real-Time Information Networks) and Access Transmission Tariff (OATT). The TBL will pay PBL for redispatch Standards of Conduct, FERC Stats. & Regs. para. Settlement Agreement provides that services under the OATT, as provided 31,035 (1996). TBL agrees to file with the Commission, in the Settlement Agreement.
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D. Overview of the Public Process decision on transmission program Power Rate Case, the Administrator spending levels. made decisions regarding the following: 1. Transmission Rate Case Customer a methodology for functionalizing Workshops E. Scope of the Transmission Rate generation and transmission costs, Proceeding In preparation for the 2004 including a methodology for Transmission Rate Case, TBL held a Many of the decisions that determine functionalizing corporate overhead costs public workshop for customers and TBL’s costs have been or will be made to the business lines; costs for interested parties on August 14, 2002. in public processes other than the generation inputs for ancillary services, At that workshop, parties recommended transmission rate proceeding. This including operating reserves, regulating that a rate case settlement be explored. section provides guidance to the reserve, and reactive power and voltage During September and October of 2002, Hearing Officer as to those matters that control from generation resources; the the TBL met regularly with customers are within the scope of the transmission generation costs of station service and and interested parties to negotiate a rate proceeding and those that are remedial action schemes; and the settlement of transmission and ancillary outside the scope. allocation of the costs of generation service rate levels and resolution of 1. Spending Levels integration and generator step-up other key issues. transformers to the business lines. The As described above, Programs In Administrator also established costs for 2. Program in Review Workshops Review workshops were held the delivery of Federal power over third throughout the region to clarify, discuss, In summer and fall 2002, TBL party transmission systems pursuant to and provide the public the opportunity provided an opportunity for public General Transfer Agreements. to comment orally and in writing on participation and input on TBL program The Initial Proposal is consistent with BPA’s proposed capital expenditures the results of the Administrator’s cost levels through the Programs and expenses for transmission. After InReview (PIR) process. PIR opened on decision on these and all other issues considering all comments, the decided in the power rate proceeding June 19, 2002, with a widespread Administrator closed out the public notification by mail to about 3000 TBL and will be reflected in all final process by issuing a final decision on decisions made in the transmission rate customers and interested parties. spending levels. That decision serves as Notices were also published on TBL’s proceeding. The Administrator directs the basis for the transmission capital the Hearing Officer to exclude from the external Web site. Five public meetings and expense levels that are reflected in were held around the region during July record all evidence and argument that the transmission rate proposal. In seek in any way to address or revisit 2002. At these public meetings, TBL addition, decisions may be made by discussed issues concerning future final decisions that were made in the Congress during this proceeding 2002 Power Rate Case. capital investments in the transmission regarding spending levels for system and proposed expense levels for transmission investments and expenses. 3. Revised Attachment K transmission system development, Pursuant to section 1010.3(f) of BPA’s The Administrator directs the Hearing operation, maintenance, and reliability Procedures, the Administrator directs Officer to exclude from the record all for FY 2004–2006. A total of 130 entities the Hearing Officer to exclude from the evidence and argument that seek in any attended the regional meetings. TBL record any evidence or arguments that way to address revised Attachment K to also provided informational materials seek in any way to challenge the BPA’s OATT. BPA is not required by through direct mailings, e-mailings, and appropriateness or reasonableness of the law to, and does not, amend its OATT publication on TBL’s external Web site, Administrator’s decision on in a rate proceeding. BPA will be and through making staff available to transmission spending levels, including submitting revised Attachment K to the answer questions. In response to a capital and expense budgets reviewed in Commission for approval. A party may request from customers for additional the Programs in Review public process. raise challenges to revised Attachment information and discussion of specific If any re-examination of spending levels K to the Commission at that time, unless program level issues, a technical is necessary, that re-examination will it has signed the Settlement Agreement meeting was held on September 9, 2002. occur outside of the rate proceeding. and TBL does not revise its Initial The PIR workshops explored However, this direction to the Hearing Proposal. customers’ and interested parties’ views Officer does not cover the following F. National Environmental Policy Act on: (1) Operating and maintaining an matters: sources of capital for Evaluation aging transmission system; (2) building investments, interest rate forecasts, and maintaining a business framework scheduled amortization, forecast BPA is in the process of assessing the in a changing energy industry; (3) depreciation, forecasts of system potential environmental effects of its building a transmission infrastructure to replacements for repayment studies, initial rate proposal, as required by the meet load growth, provide stability for interest expense, expense and revenue National Environmental Policy Act existing contracts, ensure transmission uncertainties, and risks included in the (NEPA). In the Business Plan system reliability, and integrate new risk analysis. Environmental Impact Statement resources; and (4) maintaining a skilled (Business Plan EIS), BPA has previously and trained workforce. TBL accepted 2. Issues Decided in Power Rate evaluated the environmental impacts of written and oral comments on proposed Proceeding a range of business structure alternatives transmission capital spending and A number of issues that affect that included, among other things, expenses through September 16, 2002. transmission and ancillary service rates various rate designs for BPA’s After consideration of the customer have been addressed in BPA’s 2002 transmission products and services. In comments, BPA closed out the PIR Power Rate Case. On June 20, 2001, the August 1995, the BPA Administrator public process by issuing a decision Administrator established wholesale issued a Record of Decision (Business from the Administrator on transmission power rates for the period October 1, Plan ROD) that adopted the Market- spending levels for the proposed rate 2001, through September 30, 2006. The Driven Alternative from the Business period. The Initial Proposal is consistent Commission granted interim approval to Plan Final EIS completed in June 1995. with the results of the Administrator’s the rates on September 28, 2001. In the This alternative was selected because,
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among other reasons, it allows BPA to: writing. Petitioners may designate no approval after issuance of the Record of (1) Recover costs through rates; (2) more than two (2) representatives upon Decision. competitively market BPA’s products whom service of documents will be During the rate proceeding, TBL must and services; (3) develop rates that meet made. Petitions to intervene shall state continue to meet with customers in the customer needs for clarity and the name and address of the person ordinary course of business. To comport simplicity; and (4) continue to meet requesting party status, and the person’s with the prohibition on ex parte BPA’s legal mandates. interest in the hearing. Petitions to communications, TBL will provide Because this initial rate proposal intervene as parties in the rate notice of meetings involving rate would likely assist BPA in proceeding are due to the Hearing proceeding issues to provide an accomplishing these goals, the proposal Officer by 4:30 p.m., Pacific Time, on opportunity for participation by all rate appears consistent with these aspects of January 8, 2003. The petition should be proceeding parties. Parties should be the Market-Driven Alternative. In directed to: George Schaaf, Hearing aware, however, that such meetings may addition, this rate proposal is similar to Clerk—LT–7, Bonneville Power be held on very short notice. the type of rate designs and resulting Administration, 905 NE., 11th Avenue, Part IV—Major Analyses and Summary rate levels evaluated in the Business Portland, Oregon 97232. of Proposal Plan EIS, and implementation of this A copy of the petition should be rate proposal thus would not be served on BPA’s General Counsel and A. Major Analyses in Studies and expected to result in significantly directed to Barry Bennett—LT–7, Office Testimony different environmental impacts from of General Counsel, 905 NE., 11th Ave., those examined for the Market-Driven Portland, Oregon 97232. 1. Revenue Requirement Study Alternative in the Business Plan EIS. Petitioners must explain their This Study includes the calculation of Therefore, BPA expects that this rate interests in sufficient detail to permit transmission revenue requirements for proposal will fall within the scope of the Hearing Officer to determine the FY 2004–2005 rate period and the Market-Driven Alternative that was whether they have a relevant interest in demonstration of cost recovery for the evaluated in the Final Business Plan EIS the hearing. Pursuant to Rule 1010.1(d) transmission function. The Revenue and adopted in the Business Plan ROD. of BPA’s Procedures, BPA waives the Requirement Study also includes an In the Administrator’s Record of requirement in Rule 1010.4(d) that an analysis of financial risks. Decision regarding this rate proposal, opposition to an intervention petition be 2. Revenue Forecast Testimony therefore, BPA may tier its decision filed and served 24 hours before the pre- under NEPA to the Business Plan ROD. hearing conference. Any opposition to This testimony includes the FY 2004 Alternatively, BPA may issue another an intervention petition may instead be and 2005 revenue forecast at current appropriate NEPA document. made at the pre-hearing conference. Any 2002 transmission and ancillary service party, including TBL, may oppose a rates and at proposed 2004 rate levels Part III—Public Participation petition for intervention. Persons who based on forecasted loads and sales A. Distinguishing Between have been denied party status in any during the period. ‘‘Participants’’ and ‘‘Parties’’ past BPA rate proceeding shall continue to be denied party status unless they B. Summary of Proposal BPA distinguishes between establish a significant change of 1. Transmission Rates ‘‘participants in’’ and ‘‘parties to’’ the circumstances. The Hearing Officer will All of the rates are being increased hearings. Apart from the formal hearing rule on all timely applications. Late 1.5% unless otherwise noted. TBL is process, BPA will receive written interventions are strongly disfavored. proposing five rate schedules for the use comments, views, opinions, and Opposition to a petition to intervene information from ‘‘participants,’’ who filed after the pre-hearing conference of its Integrated Network. Except for the are defined in the BPA Procedures as must be received by BPA within two (2) changes included in the Settlement persons who may submit comments days after service of the petition. Agreement, no other changes from the without being subject to the duties of, or 2002 transmission rates are being having the privileges of, parties. B. Developing the Record proposed. The proposed transmission Participants’ written comments will be The hearing record will include, rate schedules for use of the Integrated made part of the official record and among other things, the transcripts of Network are as follows: considered by the Administrator. the hearing, written material entered • Formula Power Transmission (FPT– Participants are not entitled to into the record by TBL and the parties, 04.1 and FPT–04.3) rates—The two FPT participate in the pre-hearing written comments from participants, rates are based on the cost of specific conference; may not cross-examine and other material accepted into the types of facilities, including a distance parties’ witnesses, seek discovery, or record by the Hearing Officer. The component for the use of transmission serve or be served with documents; and Hearing Officer will review the record lines, and are charged on a contract are not subject to the same procedural and will certify the record to the demand basis. Charges for the two requirements as parties. Administrator for decision. required ancillary services, Reactive Written comments by participants The Administrator will develop final Supply and Voltage Control from will be included in the record if they are rates based on the record, information Generation Sources, and Scheduling, received by March 21, 2003. Written from the PIR, documents prepared System Control and Dispatch, are views, supporting information, pursuant to the National Environmental embedded in the FPT rates. The FPT– questions, and arguments should be Policy Act and other environmental 04.1 rate is proposed for contracts that submitted to BPA’s Manager of statutes and such other material or allow annual rate adjustments. The Corporate Communications at the information as may have been submitted FPT–04.3 rate is proposed for contracts address listed in the ADDRESSES section to or developed by the Administrator. that allow a rate change only once every of this Notice. The Administrator will serve copies of three years. FPT–04.3 customers are Persons wishing to become a party to the Record of Decision on all parties. given a choice of a 1.5% increase this transmission rate adjustment BPA will file its rates with the effective October 1, 2003, or a 3% proceeding must petition BPA in Commission for confirmation and increase effective October 1, 2004.
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Although TBL is not offering new FPT 2. Ancillary Services Rates is not proposing any changes to these contracts, a number of FPT contracts In addition to the 1.5% rate increase charges. continue in place during the rate period. to the Ancillary Services and Control The TBL is proposing to reduce the • Integration of Resources (IR–04) Area Service Rates, TBL proposes to Unauthorized Increase Charge to two rate—The IR rate is a postage stamp, revise other aspects of its Ancillary times the rate applicable to the contract demand rate. Charges for the Services and Control Area Services rates customer’s service, capped at two times two required ancillary services, Reactive as follows: the monthly charge for Long-Term Supply and Voltage Control from • The rates for Scheduling, System Service. The rate proposal also includes Generation Sources, and Scheduling, Control and Dispatch Service and a 1.5% increase for the General Transfer System Control and Dispatch, are Reactive Supply and Voltage Control Agreement (GTA) Delivery Charge for embedded in the IR rate. A Short from Generation Sources Service clarify low-voltage delivery service of Federal Distance Discount is available when that the Billing Factor for each rate is power provided under GTA’s and other resources are 75 miles or less from load. based on all PTP transmission service non-Federal transmission service Although TBL is not offering new IR purchased under TBL’s OATT agreements. contracts, a number of IR contracts regardless of whether the Transmission continue in place during the rate period. C. Issues • Network Integration Transmission Customer actually uses (schedules) the transmission. This change is only a The primary issue for the 2004 (NT–04) rate—The NT rate applies to Transmission Rate Case is whether the customers taking NT Service under the clarification, not a substantive change. • The rates for Energy Imbalance Administrator should adopt OATT. The NT rate schedule includes a transmission rates consistent with the Load Shaping Charge applied to the Service, an Ancillary Service, and Generation Imbalance Service, a Control Settlement Agreement. Adoption of the customer’s total load on the hour of the Settlement Agreement would avoid a Monthly Transmission Peak Load, and a Area Service, establish three Deviation Bands for each rate, and eliminate the potentially long, expensive, and Base Charge applied to the customer’s contentious rate process. It provides total load less Customer-Served Load, if 100 mills per kilowatthour penalty charge, except for intentional certainty to BPA and its customers for any. Customer-Served Load is the two more years, and avoids cost shifts amount of load that the customer agrees deviations. In addition, wind resources and new generation resources that could result from new cost to serve on a firm basis without using allocations and rate designs. For TBL, its NT service. The NT rate is being undergoing testing before commercial operation will be exempt from Deviation the settlement establishes rates that increased 2.6%. recover its costs and provide a high Point-to-Point (PTP–04) rate—The Band 3 for Generation Imbalance probability of making its Treasury PTP rate is a contract demand rate that Service. • payments. For the customers, the applies to customers taking PTP Service Rates for Operating Reserve— transmission rates increase at a pace on BPA’s network facilities under the Spinning Reserve Service and Operating well below the general rate of inflation. OATT. There are separate PTP rates for Reserve—Supplemental Reserve Service long-term firm service; short-term firm Ancillary Services require generators in Part V—2004 Transmission and and non-firm service; and hourly firm the BPA Control Area to pay for or Ancillary Service Rate Schedules and non-firm service. A Short Distance return energy provided by BPA in the Schedule FPT–04.1 Formula Power Discount is available for qualified long- event of a contingency involving that Transmission Rate term firm service. All short-term PTP generator. The TBL’s proposal clarifies rates are downwardly flexible. that the TBL can direct customers or Section I. Availability In addition to the rates for network generators, as applicable, to either use, other proposed transmission rates purchase operating reserve energy at the This schedule supersedes Schedule include: applicable market index price, or return FPT–02.1 for all firm transmission • Southern Intertie (IS–04) and the the energy at specified times. agreements which provide for Montana Intertie (IM–04) rates are • The TBL proposes to revise the application of FPT rates that may be contract demand rates that apply to definition of Spill Condition to clarify adjusted not more frequently than once customers taking PTP Service under the that a Spill Condition, for the purpose a year. This schedule is applicable only OATT on the Southern Intertie and of determining a credit or payment for to such transmission agreements Montana Intertie. These rates are Deviations under the Energy Imbalance executed prior to October 1, 1996. It is structured similarly to the PTP rate for or Generation Imbalance rates, exists available for firm transmission of non- service on network facilities. when spill physically occurs on the Federal power using the Main Grid and/ • The Townsend-Garrison BPA system due to lack of load or or Secondary System of the Federal Transmission (TGT–04) rate and the markets. Columbia River Transmission System. This schedule is for full-year and Eastern Intertie rate (IE–02) apply to 3. Other Charges service under the Montana Intertie partial-year service and for either agreement. Other charges that may apply to a continuous or intermittent service when • The Use-of-Facilities (UFT–04) rate customer’s transmission service include firm transmission service is required. establishes a formula for charging for a Delivery Charge for the use of low- For facilities at voltages lower than the the use of specific facilities based on the voltage delivery substations, a Power Secondary System, a different rate annual cost of those facilities. Factor Penalty Charge, a Reservation Fee schedule may be specified. Service • The Advance Funding (AF–04) rate for customers that delay commencement under this schedule is subject to BPA– allows TBL to collect the capital and of long-term firm service, Incremental TBL’s General Rate Schedule Provisions related costs of specific facilities Rates for transmission requests that (GRSPs). require new facilities, and a penalty through an advance-funding Section II. Rates mechanism. charge for failure to comply with TBL’s Because the TGT, UFT, and AF rates curtailment, redispatch or load The monthly charge per kilowatt shall are formula rates, the 1.5% increase shedding orders. Except for a 1.5% be one-twelfth of the sum of the Main does not apply to them. increase in the Delivery Charge, the TBL Grid Charge and the Secondary System
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Charge, as applicable and as specified in Schedule FPT–04.3 Formula Power following annual charges as specified in the agreement. Transmission RATE the agreement: a. Main Grid Distance: $0.0518 per mile A. Main Grid Charge Section I. Availability b. Main Grid Interconnection Terminal: The Main Grid Charge per kilowatt This schedule supersedes Schedule $0.54 shall be the sum of one or more of the FPT–02.3 for all firm transmission c. Main Grid Terminal: $0.60 following annual charges as specified in agreements which provide for d. Main Grid Miscellaneous Facilities: the agreement: application of FPT rates that may be $2.96 adjusted not more frequently than once 1. Main Grid Distance: $0.0511 per mile every three years, except as provided 2. Secondary System Charge 2. Main Grid Interconnection Terminal: under Section IV.D. This schedule is $0.53 The Secondary System Charge per applicable only to such transmission kilowatt shall be the sum of one or more 3. Main Grid Terminal: $0.59 agreements executed prior to October 1, of the following annual charges as 4. Main Grid Miscellaneous Facilities: 1996. It is available for firm specified in the agreement: $2.91 transmission of non-Federal power using the Main Grid and/or Secondary a. Secondary System Distance: $0.5095 B. Secondary System Charge System of the Federal Columbia River per mile Transmission System. This schedule is b. Secondary System Transformation: The Secondary System Charge per $5.57 kilowatt shall be the sum of one or more for full-year and partial-year service and for either continuous or intermittent c. Secondary System Intermediate of the following annual charges as Terminal: $2.15 specified in the agreement: service when firm transmission service is required. For facilities at voltages d. Secondary System Interconnection 1. Secondary System Distance: $0.5021 lower than the Secondary System, a Terminal: $1.52 per mile different rate schedule may be specified. Section III. Billing Factors 2. Secondary System Transformation: Service under this schedule is subject to $5.49 BPA–TBL’s General Rate Schedule Unless otherwise stated in the Provisions (GRSPs). agreement, the Billing Factor for the 3. Secondary System Intermediate rates specified in section II shall be the Terminal: $2.12 Section II. Rates largest of: 4. Secondary System Interconnection The monthly charge per kilowatt shall 1. The Transmission Demand; Terminal: $1.50 be one-twelfth of the sum of the Main 2. The highest hourly Scheduled Section III. Billing Factors Grid Charge and the Secondary System Demand for the month; or Charge, as applicable and as specified in 3. The Ratchet Demand. Unless otherwise stated in the the agreement. Fiscal Years run from agreement, the Billing Factor for the October through September. Section IV. Adjustments, Charges, and rates specified in section II shall be the Other Rate Provisions A. Fiscal Year 2004 Charges largest of: A. Ancillary Services 1. Main Grid Charge 1. The Transmission Demand; Ancillary Services that may be 2. The highest hourly Scheduled The Main Grid Charge per kilowatt required to support FPT transmission Demand for the month; or shall be the sum of one or more of the service are available under the ACS rate 3. The Ratchet Demand. following annual charges as specified in schedule. FPT customers do not pay the the agreement: ACS charges for Scheduling, System Section IV. Adjustments, Charges, and Control and Dispatch Service and Other Rate Provisions a. Main Grid Distance: $0.0503 per mile b. Main Grid Interconnection Terminal: Reactive Supply and Voltage Control A. Ancillary Services $0.52 from Generation Sources Service, c. Main Grid Terminal: $0.58 because these services are included in Ancillary Services that may be FPT service. required to support FPT transmission d. Main Grid Miscellaneous Facilities: service are available under the ACS rate $2.87 B. Failure To Comply Penalty schedule. FPT customers do not pay the 2. Secondary System Charge Customers taking transmission service ACS charges for Scheduling, System The Secondary System Charge per under FPT agreements are subject to the Control and Dispatch Service and kilowatt shall be the sum of one or more Failure to Comply Penalty specified in Reactive Supply and Voltage Control of the following annual charges as section II.B of the GRSPs. from Generation Sources Service, specified in the agreement: because these services are included in C. Power Factor Penalty a. Secondary System Distance: $0.4947 FPT service. Customers taking transmission service per mile under FPT agreements are subject to the B. Failure To Comply Penalty b. Secondary System Transformation: Power Factor Penalty Charge specified $5.41 Customers taking service under this in section II.C of the GRSPs. rate schedule are subject to the Failure c. Secondary System Intermediate to Comply Penalty Charge specified in Terminal: $2.09 D. Customer Election of Rate section II.B of the GRSPs. d. Secondary System Interconnection Customers may elect to pay the rates Terminal: $1.48 C. Power Factor Penalty specified in the FPT–04.1 rate schedule B. Fiscal Year 2005 Charges for the entire FY 2004 and FY 2005 rate Customers taking service under this period instead of the rates specified in rate schedule are subject to the Power 1. Main Grid Charge Section II of this FPT–04.3 rate Factor Penalty Charge specified in The Main Grid Charge per kilowatt schedule. Customers electing to pay the section II.C of the GRSPs. shall be the sum of one or more of the FPT–04.1 rate must notify BPA–TBL of
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their election in writing prior to August accordance with the prescribed transmission services, or to any other 1, 2003. provisions in the agreement. The rate for Transmission Customer; and transmission service in excess of the Schedule IR–04 Integration of (d) was not part of a recurring pattern Transmission Demand will be pursuant Resources Rate of conduct by the IR customer. to the Point-to-Point Rate (PTP–04) for Section I. Availability Hourly Non-Firm Service. If the IR customer causes a Ratchet Demand to be established in a series of This schedule supersedes Schedule When the Scheduled Demand or Ratchet Demand is the Billing Factor, months during which the IR customer IR–02 and is available for transmission has not received notice from BPA–TBL of non-Federal power for full-year firm short-distance POIs shall be charged the Base Rate specified in section II.A for of such Ratchet Demands by billing or transmission service and nonfirm otherwise, and the Ratchet Demand(s) transmission service in amounts not to the amount in excess of Transmission Demand. established after the first Ratchet exceed the customer’s total Demand were due to the lack of notice, Transmission Demand using Federal Section IV. Adjustments, Charges, and then BPA–TBL may establish a Ratchet Columbia River Transmission System Other Rate Provisions Demand for the IR customer based on Network and Delivery facilities. This A. Ancillary Services the highest Ratchet Demand in the schedule is applicable only to series. This highest Ratchet Demand Integration of Resource (IR) agreements Ancillary Services that may be will be charged in the month it is executed prior to October 1, 1996. required to support IR transmission established and the following 11 Service under this schedule is subject to service are available under the ACS rate months. All other Ratchet Demands BPA–TBL’s General Rate Schedule schedule. IR customers do not pay the based on such a series (including the Provisions (GRSPs). ACS charges for Scheduling, System Ratchet Demand established in the first Control and Dispatch Service and Section II. Rates month if it is not the highest Ratchet Reactive Supply and Voltage Control Demand) will be waived. The monthly IR rate shall be A or B. from Generation Sources Service, because these services are included in F. Cost Contribution A. Base Rate IR service. $1.261 per kilowatt. The cost components and their B. Delivery Charge contribution to the IR rate (section II.A) B. Short Distance Discount (SDD) Rate Customers taking service over are: For Points of Integration (POI) Delivery facilities are subject to the 1. Transmission Service—81.5% specified in the IR agreement as being Delivery Charge specified in section II.A 2. Scheduling, System Control and short-distance POIs, for which Network of the GRSPs. facilities are used for a distance of less Dispatch Service—13.2% than 75 circuit miles, the monthly rate C. Failure To Comply Penalty 3. Reactive Supply and Voltage Control per kilowatt shall be the sum of: Customers taking service under this from Generation Sources Service— 1. $0.233, and rate schedule are subject to the Failure 5.3% × 2. (0.6 + (0.4 transmission distance/ to Comply Penalty Charge specified in G. Self-Supply of Reactive Supply and × 75)) $1.028 section II.B of the GRSPs. Voltage Control From Generation Where: D. Power Factor Penalty Sources Service The transmission distance is the Customers taking service under this A credit for self-supply of Reactive circuit miles between a designated POI rate schedule are subject to the Power for a generating resource of the customer Supply and Voltage Control from Factor Penalty Charge specified in Generation Sources Service will be and a designated Point of Delivery section II.C of the GRSPs. serving load of the customer. Short- available for IR customers on an distance POIs are determined by BPA– E. Ratchet Demand Relief equivalent basis to the credit for PTP Transmission Customers. TBL after considering factors in addition Under appropriate circumstances, to transmission distance. BPA–TBL may waive or reduce the Schedule NT–04 Section III. Billing Factors Ratchet Demand. An IR customer Network Integration Rate seeking a reduction or waiver must The Billing Factor for rates specified demonstrate good cause for relief, Section I. Availability in section II shall be the largest of: including a demonstration that: 1. The annual Transmission Demand, 1. The event which resulted in the This schedule supersedes Schedule or, if defined in the agreement, the Ratchet Demand NT–02. It is available to Transmission annual Total Transmission Demand; (a) was the result of an equipment Customers taking Network Integration 2. The highest hourly Scheduled failure or outage that could not Transmission (NT) Service over Federal Demand for the month; or reasonably have been foreseen by the Columbia River Transmission System 3. The Ratchet Demand. customer; and Network and Delivery facilities. Terms To the extent that the agreement (b) did not result in harm to BPA– and conditions of service are specified provides for the IR customer to be billed TBL’s transmission system or in the Open Access Transmission Tariff. for transmission service in excess of the transmission services, or to any other This schedule is available also for Transmission Demand or Total Transmission Customer; or transmission service of a similar nature Transmission Demand, as defined in the 2. The event which resulted in the that may be ordered by the Federal agreement, at an hourly nonfirm rate, Ratchet Demand Energy Regulatory Commission (FERC) such excess transmission service shall (a) was inadvertent; pursuant to sections 211 and 212 of the not contribute to the Billing Factor for (b) could not have been avoided by Federal Power Act (16 U.S.C. 824j and the IR rates in section II; provided that the exercise of reasonable care; 824k). Service under this schedule is the IR customer requests such treatment (c) did not result in harm to BPA– subject to BPA–TBL’s General Rate and BPA–TBL approves such request in TBL’s transmission system or Schedule Provisions (GRSPs).
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Section II. Rates B. Load Shaping Charge H. Incremental Cost Rates The monthly charge will be the sum The monthly Billing Factor for the The rates specified in section II are of A and B. Load Shaping Charge specified in applicable to service over available A. Base Charge section II.B shall be the Network Load transmission capacity. Network on the hour of the Monthly $1.028 per kilowatt per month. Customers that integrate new Network Transmission Peak Load. Resources, new Member Systems, or B. Load Shaping Charge Section IV. Adjustments, Charges, and new native load customers that would $0.425 per kilowatt per month. Other Rate Provisions require BPA–TBL to construct Network Upgrades shall be subject to the higher Section III. Billing Factors A. Ancillary Services of the rates specified in section II or A. Base Charge Customers taking service under this incremental cost rates for service over rate schedule are subject to the ACS such facilities. Incremental cost rates 1. If no Declared Customer-Served Scheduling, System Control and would be developed pursuant to section Load (CSL) is specified in the Dispatch Service Rate and the Reactive 7(i) of the Northwest Power Act. customer’s NT Service Agreement, the Supply and Voltage Control from monthly Billing Factor for the Base Generation Sources Service Rate. Other I. Rate Adjustment Due to FERC Order Charge specified in section II.A shall be Ancillary Services that are required to Under FPA Sec. 212 the customer’s Network Load on the support NT Service are also available hour of the Monthly Transmission Peak Customers taking service under this under the ACS rate schedule. Load. rate schedule are subject to the Rate 2. If an amount of Declared CSL is B. Delivery Charge Adjustment Due to FERC Order under specified in the customer’s NT Service FPA sec. 212 specified in section II.D of Customers taking NT Service over Agreement, the monthly Billing the GRSPs. Delivery facilities are subject to the Factor for the Base Charge specified in Delivery Charge specified in section II.A Schedule PTP–04 section II.A shall be a or b: of the GRSPs. a. For the billing month, if the sum of Point-to-Point Rate the Actual CSLs occurring during Heavy C. Failure To Comply Penalty Load Hours (HLH) is greater than or Section I. Availability Customers taking NT Service are equal to 60 percent of the Declared CSL subject to the Failure to Comply Penalty This schedule supersedes Schedules multiplied by the number of HLHs in specified in section II.B of the GRSPs. PTP–02. It is available to Transmission the billing month, the monthly Billing Customers taking Point-to-Point (PTP) Factor shall be the customer’s Network D. Metering Adjustment Transmission Service over Federal Load on the hour of the Monthly At those Points of Delivery that do not Columbia River Transmission System Transmission Peak Load, less Declared have meters capable of determining the (FCRTS) Network and Delivery CSL. demand on the hour of the Monthly facilities, and for hourly nonfirm service b. For the billing month, if the sum of Transmission Peak Load, the Billing over such FCRTS facilities for customers the Actual CSLs occurring during HLH Demand shall be calculated by with Integration of Resources is less than 60 percent of the Declared substituting (1) the sum of the highest agreements. Terms and conditions of CSL multiplied by the number of HLHs hourly demand that occurs during the PTP Transmission Service are specified in the billing month, the monthly billing month at all Points of Delivery in the Open Access Transmission Tariff. Billing Factor shall be the customer’s multiplied by 0.79 for (2) Network Load This schedule is available also for Network Load on the hour of the on the hour of the Monthly transmission service of a similar nature Monthly Transmission Peak Load. The Transmission Peak Load. that may be ordered by the Federal Billing Factor will be reduced by any Energy Regulatory Commission (FERC) megawatts charged the NT E. Power Factor Penalty pursuant to sections 211 and 212 of the Unauthorized Increase Charge under Customers taking PTP Transmission Federal Power Act (16 U.S.C. 824j and section IV.D. for the month. Service are subject to the Power Factor 824k). Service under this schedule is Where: Penalty Charge specified in section II.C subject to BPA–TBL’s General Rate ‘‘Declared Customer-Served Load of the GRSPs. Schedule Provisions (GRSPs). (CSL)’’ is the monthly amount in megawatts of the Transmission F. Unauthorized Increase Charge Section II. Rates Customer’s Network Load that the If the Network Customer’s Actual CSL A. Long-Term Firm PTP Transmission Transmission Customer elects to serve is less than its Declared CSL, the Service $1.028 per kilowatt per month on a firm basis from sources internal to Unauthorized Increase Charge specified its system or over non-Federal in section II.G of the GRSPs shall be B. Short-Term Firm and Non-Firm PTP transmission facilities or pursuant to assessed. Transmission Service contracts other than the Network G. Direct Assignment Facilities Integration Service Agreement. The For each reservation, the rates shall customer’s Declared CSL is BPA–TBL shall collect the capital and not exceed: contractually specified for each month. related costs of a Direct Assignment 1. Monthly, Weekly, and Daily Firm ‘‘Actual Customer-Served Load Facility under the Advance Funding and Non-Firm Service (CSL)’’ is the actual hourly amount in (AF) rate or the Use-of-Facilities (UFT) a. Days 1 through 5—$0.047 per megawatts of the Network Load that the rate. Other associated costs, including kilowatt per day customer serves on a firm basis from but not limited to operations, sources internal to its system or over maintenance, and general plant costs, b. Day 6 and beyond—$0.035 per non-Federal transmission facilities or also shall be recovered from the kilowatt per day pursuant to contracts other than the Network Customer under an applicable 2. Hourly Firm and Non-Firm Network Integration Service Agreement. rate schedule. Service—2.96 mills per kilowatthour
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Section III. Billing Factors the Reservation Fee specified in section would be developed pursuant to section II.E of the GRSPs. 7(i) of the Northwest Power Act. A. All Firm Service and Monthly, Weekly and Daily Non-Firm Service G. Short-Distance Discount (SDD) K. Rate Adjustment Due to FERC Order Under FPA § 212 The Billing Factor for each rate When a Point of Receipt (POR) and specified in sections II.A and II.B for all Point of Delivery (POD) use FCRTS Customers taking service under this service except Hourly Non-Firm Service facilities for a distance of less than 75 rate schedule are subject to the Rate shall be the Reserved Capacity, which is circuit miles and are designated as being Adjustment Due to FERC Order under the greater of: short distance in the PTP Service FPA sec. 212 specified in section II.D of 1. the sum of the capacity reservations Agreement, the monthly capacity the GRSPs. at the Point(s) of Receipt, or reservations for the relevant POR and Schedule IS–04 Southern Intertie Rate 2. the sum of the capacity reservations POD shall be adjusted, for the purpose at the Point(s) of Delivery. of computing the monthly bill for Section I. Availability annual service, by the following factor: B. Hourly Non-Firm Service This schedule supersedes Schedule 0.6 (0.4 × transmission distance/75) IS–02. It is available to Transmission The Billing Factor for the rate Such adjusted monthly POR and POD Customers taking Point-to-Point specified in section II.B.2 for Hourly reservations shall be used to compute Transmission Service over Federal Non-Firm Service shall be the the billing factors in section III.A to Columbia River Transmission System scheduled kilowatthours. calculate the monthly bill for Long- (FCRTS) Southern Intertie facilities. Section IV. Adjustments, Charges, and Term Firm PTP Transmission Service. Terms and conditions of service are Other Rate Provisions The POD capacity reservation eligible specified in the Open Access for the SDD may be no larger than the Transmission Tariff or, for customers A. Ancillary Services POR capacity reservation. The distance who executed Southern Intertie Customers taking service under this used to calculate the SDD will be agreements with BPA before October 1, rate schedule are subject to the ACS–04 contractually specified and based upon 1996, will be as provided in the Scheduling, System Control and path(s) identified in power flow studies. customer’s agreement with BPA. This Dispatch Service Rate and the Reactive If a set of contiguous PODs qualifies for schedule is available also for Supply and Voltage Control from an SDD, the transmission distance used transmission service of a similar nature Generation Sources Service Rate. Other in the calculation of the SDD shall be that may be ordered by the Federal Ancillary Services that are required to between the POR and the POD farthest Energy Regulatory Commission (FERC) support PTP Transmission Service on from the POR. pursuant to sections 211 and 212 of the the Network are available under the If the customer requests secondary Federal Power Act (16 U.S.C. 824j and ACS rate schedule. PORs or PODs that use SDD-adjusted 824k). Service under this schedule is capacity reservations for any period of subject to BPA–TBL’s General Rate B. Delivery Charge time during a month, the SDD shall not Schedule Provisions (GRSPs). Customers taking PTP Transmission be applied that month. Section II. Rates Service over Delivery facilities are H. Unauthorized Increase Charge subject to the Delivery Charge specified A. Long-Term Firm PTP Transmission in section II.A of the GRSPs. Customers who exceed their capacity Service reservations at any Point of Receipt $1.176 per kilowatt per month C. Failure to Comply Penalty (POR) or Point of Delivery (POD) shall Customers taking service under this be subject to the Unauthorized Increase B. Short-Term Firm and Non-Firm PTP rate schedule are subject to the Failure Charge specified in section II.G of the Transmission Service to Comply Penalty Charge specified in GRSPs. For each reservation, the rates shall section II.B of the GRSPs. not exceed: I. Direct Assignment Facilities 1. Monthly, Weekly, and Daily Firm D. Interruption of Non-Firm PTP BPA–TBL shall collect the capital and and Non-Firm Service Transmission Service related costs of a Direct Assignment a. Days 1 through 5—$0.054 per If daily, weekly or monthly Non-Firm Facility under the Advance Funding kilowatt per day PTP Transmission Service is (AF) rate or the Use-of-Facilities (UFT) b. Day 6 and beyond—$0.040 per interrupted, the rates charged under rate. Other associated costs, including kilowatt per day section II.B.1 shall be prorated over the but not limited to operations, 2. Hourly Firm and Non-Firm total hours in the day to give credit for maintenance, and general plant costs, Service—3.39 mills per kilowatthour the hours of such interruption. also shall be recovered from the PTP Section III. Billing Factors Transmission Customer under an E. Power Factor Penalty applicable rate schedule. A. All Firm Service and Monthly, Customers taking service under this Weekly and Daily Non-Firm Service J. Incremental Cost Rates rate schedule are subject to the Power The Billing Factor for each rate Factor Penalty Charge specified in The rates specified in section II are specified in sections II.A and II.B for all section II.C of the GRSPs. applicable to service over available service except Hourly Non-Firm Service transmission capacity. Customers F. Reservation Fee shall be the Reserved Capacity, which is requesting new or increased firm service the greater of: Customers who postpone the that would require BPA-TBL to 1. the sum of the capacity reservations commencement of Long-Term Firm construct Network Upgrades to alleviate at the Point(s) of Receipt, or Point-To-Point Transmission Service by a capacity constraint may be subject to 2. the sum of the capacity reservations reserving deferred service, or by incremental cost rates for such service if at the Point(s) of Delivery. requesting an extension of the Service incremental cost is higher than For Southern Intertie transmission Commencement Date, will be subject to embedded cost. Incremental cost rates agreements executed prior to October 1,
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1996, the Billing Factor shall be as maintenance, and general plant costs, Section III. Billing Factors specified in the agreement. also shall be recovered from the A. All Firm Service and Monthly, Transmission Customer under an B. Hourly Non-Firm Service Weekly and Daily Non-Firm Service applicable rate schedule. The Billing Factor for the rate H. Incremental Cost Rates The Billing Factor for each rate specified in section II.B.2 for Hourly specified in sections II.A and II.B for all Non-Firm Service shall be the The rates specified in section II are service except Hourly Non-Firm Service scheduled kilowatthours. applicable to service over available shall be the Reserved Capacity, which is Section IV. Adjustments, Charges, and transmission capacity. Customers the greater of: Other Rate Provisions requesting new or increased firm service 1. The sum of the capacity that would require BPA–TBL to reservations at the Point(s) of Receipt, or A. Ancillary Services construct new facilities or upgrades to 2. The sum of the capacity Customers taking service under this alleviate a capacity constraint may be reservations at the Point(s) of Delivery. rate schedule are subject to the ACS–04 subject to incremental cost rates for Scheduling, System Control and such service if incremental cost is B. Hourly Non-Firm Service Dispatch Service Rate and the Reactive higher than embedded cost. Incremental Supply and Voltage Control from cost rates would be developed pursuant The Billing Factor for the rate Generation Sources Service Rate. Other to section 7(i) of the Northwest Power specified in section II.B.2 for Hourly Ancillary Services that are required to Act. Non-Firm Service shall be the support PTP Transmission Service on scheduled kilowatthours. I. Rate Adjustment Due to FERC Order the Southern Intertie are available under Under FPA Sec. 212 Section IV. Adjustments, Charges, and the ACS rate schedule. Other Rate Provisions Customers taking service under this B. Failure To Comply Penalty A. Ancillary Services rate schedule are subject to the Rate Customers taking service under this Adjustment Due to FERC Order under Customers taking service under this rate schedule are subject to the Failure FPA sec. 212 specified in section II.D of rate schedule are subject to the ACS–04 to Comply Penalty Charge specified in the GRSPs. Scheduling, System Control and section II.B of the GRSPs. Schedule IM–04 Montana Intertie Rate Dispatch Service Rate and the Reactive C. Interruption of Non-Firm PTP Supply and Voltage Control from Transmission Service Section I. Availability Generation Sources Service Rate. Other If daily, weekly, or monthly Non-Firm Ancillary Services that are required to This schedule supersedes Schedule support PTP Transmission Service on PTP Transmission Service is IM–02. It is available to Transmission interrupted, the rates charged under the Montana Intertie are available under Customers taking Point-to-Point (PTP) the ACS rate schedule. section II.B.1. shall be prorated over the Transmission Service on BPA’s share of total hours in the day to give credit for Montana Intertie transmission capacity. B. Failure To Comply Penalty Charge the hours of such interruption. Terms and conditions of service are Customers taking service under this D. Power Factor Penalty specified in the Open Access Transmission Tariff. This schedule is rate schedule are subject to the Failure Customers taking service under this available also for transmission service of to Comply Penalty Charge specified in rate schedule are subject to the Power a similar nature that may be ordered by section II.B of the GRSPs. Factor Penalty Charge specified in the Federal Energy Regulatory C. Interruption of Non-Firm PTP section II.C of the GRSPs. Commission (FERC) pursuant to Transmission Service E. Reservation Fee sections 211 and 212 of the Federal If daily, weekly, or monthly Non-Firm Customers who postpone the Power Act (16 U.S.C. 824j and 824k). Service under this schedule is subject to PTP Transmission Service is commencement of Long-Term Firm interrupted, the rates charged under Point-To-Point Transmission Service by BPA–TBL’s General Rate Schedule Provisions (GRSPs). section II.B.1. shall be prorated over the reserving deferred service, or by total hours in the day to give credit for requesting an extension of their Service Section II. Rates the hours of such interruption. Commencement Date, will be subject to the Reservation Fee specified in section A. Long-Term Firm PTP Transmission D. Reservation Fee II.E of the GRSPs. Service Customers who postpone the F. Unauthorized Increase Charge $1.258 per kilowatt per month commencement of Long-Term Firm Customers who exceed their capacity B. Short-Term Firm and Non-Firm PTP Point-To-Point Transmission Service by reservations at any Point of Receipt Transmission Service reserving deferred service, or by (POR) or Point of Delivery (POD) shall requesting an extension of their Service be subject to the Unauthorized Increase For each reservation, the rates shall Commencement Date, will be subject to Charge specified in section II.G in the not exceed: the Reservation Fee specified in section GRSPs. 1. Monthly, Weekly, and Daily Short- II.E of the GRSPs. Term Firm and Non-Firm Service G. Direct Assignment Facilities E. Unauthorized Increase Charge a. Days 1 through 5—$0.058 per BPA–TBL shall collect the capital and kilowatt per day Customers who exceed their capacity related costs of a Direct Assignment reservations at any Point of Receipt Facility under the Advance Funding b. Day 6 and beyond—$0.042 per (POR) or Point of Delivery (POD) shall (AF) rate or the Use-of-Facilities (UFT) kilowatt per day be subject to the Unauthorized Increase rate. Other associated costs, including 2. Hourly Firm and Non-Firm Charge specified in section II.G of the but not limited to operations, Service—3.61 mills per kilowatthour GRSPs.
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F. Direct Assignment Facilities which are used to transmit electric Section V. Adjustments, Charges, and power: Other Rate Provisions BPA–TBL shall collect the capital and 1. The annual cost of the specified A. Ancillary Services related costs of a Direct Assignment FCRTS facilities, as determined from the Facility under the Advance Funding capital cost of such facilities and annual Ancillary services that are required to (AF) rate or the Use-of-Facilities (UFT) cost ratios developed from the Federal support UFT transmission service are rate. Other associated costs, including Columbia River Power System financial available under the ACS rate schedule. but not limited to operations, statement, including interest and B. Failure To Comply Penalty maintenance, and general plant costs, amortization, operation and also shall be recovered from the maintenance, administrative and Customers taking service under this Transmission Customer under an general, and general plant costs. rate schedule are subject to the Failure applicable rate schedule. The annual cost per kilowatt of to Comply Penalty Charge specified in G. Incremental Cost Rates facilities listed in the agreement, which section II.B of the GRSPs. are owned by another entity, and used C. Power Factor Penalty Charge The rates specified in section II are by BPA–TBL for making deliveries to Customers taking service under this applicable to service over available the transferee, shall be determined from rate schedule are subject to the Power transmission capacity. Customers the costs specified in the agreement Factor Penalty Charge specified in requesting new or increased firm service between BPA–TBL and such other section II.C of the GRSPs. that would require BPA–TBL to entity. construct new facilities or upgrades to 2. The yearly noncoincident peak Schedule AF–04 Advance Funding alleviate a capacity constraint may be demands of all users of such facilities or Rate subject to incremental cost rates for other reasonable measurement of the Section I. Availability such service if incremental cost is facilities’ peak use. higher than embedded cost. Incremental B. The monthly charge per kilowatt of This schedule supersedes Schedule cost rates would be developed pursuant billing demand shall be one-twelfth of AF–02 and is available to customers to section 7(i) of the Northwest Power the sum of the annual cost of the FCRTS who execute an agreement that provides Act. facilities used divided by the sum of for BPA–TBL to collect capital and H. Rate Adjustment Due to FERC Order Transmission Demands/capacity related costs through advance funding Under FPA Sec. 212 reservations. The annual cost per or other financial arrangement for kilowatt of Transmission Demand/ specified BPA-owned Federal Columbia Customers taking service under this capacity reservation for a facility River Transmission System (FCRTS) rate schedule are subject to the Rate constructed or otherwise acquired by facilities used for: Adjustment Due to FERC Order under BPA–TBL shall be determined in A. Interconnection or integration of FPA sec.212 specified in section II.D of accordance with the following formula: resources and loads to the FCRTS; the GRSPs. B. Upgrades, replacements, or A reinforcements of the FCRTS for Schedule UFT–04 Use-of-Facilities D transmission service; or Transmission Rate Where: C. Other transmission service Section I. Availability A = The annual cost of such facility as arrangements, as determined by BPA– determined in accordance with A.1. TBL. This schedule supersedes Schedule above. Service under this schedule is subject UFT–02 unless otherwise provided in D = The sum of the yearly to BPA–TBL’s General Rate Schedule the agreement, and is available for firm noncoincident demands on the Provisions (GRSPs). transmission over specified Federal facility as determined in accordance Section II. Rate Columbia River Transmission System with A.2. above. (FCRTS) facilities. Service under this 1. For facilities used solely by one The charge is the sum of the actual schedule is subject to BPA–TBL’s customer, BPA–TBL may charge a capital and related costs for specified General Rate Schedule Provisions monthly amount equal to the annual FCRTS facilities, as provided in the (GRSPs). cost of such sole-use facilities, agreement. Such actual capital and Section II. Rate determined in accordance with section related costs include, but are not limited III.A.1, divided by 12. to, costs of design, materials, The monthly charge per kilowatt of 2. For facilities used by more than one construction, overhead, spare parts, and Transmission Demand/capacity customer, BPA–TBL may charge a all incidental costs necessary to provide reservations specified in the agreement monthly amount equal to the annual service as identified in the agreement. shall be one-twelfth of the annual cost cost of such facilities prorated based on Section III. Payment of capacity of the specified facilities relative use of the facilities, divided by divided by the sum of Transmission 12. A. Advance Payment Demands/capacity reservations (in Payment to BPA–TBL shall be kilowatts) using such facilities. Such Section IV. Determination of Billing Factors specified in the agreement as either: annual cost shall be determined in 1. A lump sum advance payment; accordance with section III. Unless otherwise stated in the 2. Advance payments pursuant to a Section III. Determination of agreement, the Billing Factor shall be schedule of progress payments; or Transmission Rate the largest of: 3. Other payment arrangement, as A. The Transmission Demand/ determined by BPA–TBL. A. From time to time, but not more capacity reservation in kilowatts Such advance payment or payments often than once a year, BPA–TBL shall specified in the agreement; shall be based on an estimate of the determine the following data for the B. The highest hourly Measured or capital and related costs for the facilities which have been constructed Scheduled Demand for the month; or specified FCRTS facilities as provided or otherwise acquired by BPA–TBL and C. The Ratchet Demand. in the agreement.
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B. Adjustment to Advance Payment 500-kV lines and associated terminal, following the commercial operation of BPA–TBL shall determine the actual line compensation, and communication the third generating unit at the Colstrip capital and related costs of the specified facilities are a separately identified Thermal Generating Plant at Colstrip, FCRTS facilities as soon as practicable portion of the Federal Transmission Montana, the capability of the Federal after the date of commercial operation, System. Annual revenues plus credits Transmission System west of Garrison as determined by BPA–TBL. The for government use should equal annual Substation may be different from the customer will either receive a refund costs of the facilities, but in any given long-term situation. It may not be from BPA–TBL or be billed for year there may be either a surplus or a possible to complete the extension of additional payment for the difference deficit. Such surpluses or deficits for the 500-kV portion of the Federal between the advance payment and the any year shall be accounted for in the Transmission System to Garrison by actual capital and related costs. computation of annual costs for such commercial operation date. In such succeeding years. Revenue requirements event, the 500/230 kV transformer will Schedule TGT–04 Townsend-Garrison for firm transmission use will be be an essential extension of the Transmission Rate decreased by any revenues received Townsend-Garrison Intertie facilities, Section I. Availability from nonfirm use and credits for all and the annual costs of such transformer government use. The general will be included in the calculation of This schedule supersedes Schedule methodology for determining the firm the Intertie Charge. TGT–02 and is available to Companies rate is to divide the revenue However, starting 1 month after that are parties to the Montana Intertie requirement by the total firm capacity extension to Garrison of the 500-kV Agreement (Contract No. DE–MS79– requirements. Therefore, the higher the portion of the Federal Transmission 81BP90210, as amended) which total capacity requirements, the lower System, the annual costs of such provides for firm transmission over will be the unit rate. transformer will no longer be included BPA–TBL’s section (Garrison to in the calculation of the Intertie Charge. Townsend) of the Montana Intertie. If the government provides firm Service under this schedule is subject to transmission service in its section of the A. Nonfirm Transmission Charge Montana (Eastern) Intertie in exchange BPA–TBL’s General Rate Schedule This charge will be filed as a separate for firm transmission service in a Provisions (GRSPs). rate schedule, the Eastern Intertie (IE) customer’s section of the Montana rate, and revenues received thereunder Section II. Rate Intertie, the payment by the government will reduce the amount of revenue to be The monthly charge shall be one- for such transmission services provided collected under the Intertie Charge twelfth of the sum of the annual charges by such customer will be made in the below. listed below, as applicable and as form of a credit in the calculation of the specified in the agreements for firm Intertie Charge for such customer. B. Intertie Charge for Firm Transmission transmission. The Townsend-Garrison During an estimated 1- to 3-year period Service
()CR− EC Intertie Charge = [((TAC/12) −× NFR) TCR
Section III. Definitions BPA for the unamortized investment, shall be no less than the total of the annual cost, removal, salvage, or other amounts, if any, specified in firm A. TAC = Total Annual Costs of cost related to such facilities. transmission agreements for use of the facilities associated with the Townsend- B. NFR = Nonfirm Revenues, which Montana Intertie. Garrison 500-kV Transmission line are equal to: (1) The product of the E. EC = Exchange Credit for each including terminals, and prior to Nonfirm Transmission Charge described customer which is the product of: (1) extension of the 500-kV portion of the in II(A) above, and the total nonfirm The ratio of investment in the Federal Transmission System to energy transmitted over the Townsend- Townsend-Broadview 500-kV Garrison, the 500/230 kV transformer at Garrison line segment under such transmission line to the investment in Garrison. Such annual costs are the total charge for such month; plus (2) the the Townsend-Garrison 500-kV of: (1) Interest and amortization of product of the Nonfirm Transmission transmission line; and (2) the capacity associated Federal investment and the Charge and the total nonfirm energy which the Government obtains in the appropriate allocation of general plant transmitted in either direction by the Townsend-Broadview 500-kV costs; (2) operation and maintenance Government over the Townsend- transmission line through exchange costs; (3) allowance for BPA’s general Garrison line segment for such month. with such customer. If no exchange is in administrative costs which are C. CR = Capacity Requirement of a effect with a customer, the value of EC appropriately allocable to such customer on the Townsend-Garrison for such customer shall be zero. facilities, and (4) payments made 500-kV transmission facilities as pursuant to section 7(m) of Public Law specified in its firm transmission Schedule IE–04 Eastern Intertie Rate 96–501 with respect to these facilities. agreement. Section I. Availability Total Annual Costs shall be adjusted to D. TCR = Total Capacity Requirement reflect reductions to unpaid total costs on the Townsend-Garrison 500-kV This schedule supersedes IE–02 and as a result of any amounts received, transmission facilities as calculated by is available to Companies that are under agreements for firm transmission adding (1) the sum of all Capacity parties to the Montana Intertie service over the Montana Intertie, by the Requirements (CR) specified in Agreement (Contract No. DE–MS79– government on account of any reduction transmission agreements described in 81BP90210, as amended), for nonfirm in Transmission Demand, termination section I; and (2) the Government’s firm transmission service on the portion of or partial termination of any such capacity requirement. The Eastern Intertie capacity above BPA– agreement or otherwise to compensate Government’s firm capacity requirement TBL’s firm transmission rights. Service
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under this schedule is subject to BPA– Provider, from a third party, or by self- Section II. Ancillary Service Rates TBL’s General Rate Schedule Provisions supply. The Transmission Provider is A. Scheduling, System Control and (GRSPs). required to offer to provide (a) Dispatch Service Operating Reserve—Spinning, and (b) Section II. Rate Operating Reserve—Supplemental to The rates below apply to The rate shall not exceed 1.38 mills the Transmission Customer serving load Transmission Customers taking per kilowatthour. with generation located in the Scheduling, System Control and Dispatch Service from BPA–TBL. These Section III. Billing Factors Transmission Provider’s Control Area. The Transmission Customer serving rates apply to both firm and non-firm The Billing Factor shall be the load with generation located in the transmission service. Transmission scheduled kilowatthours, unless Transmission Provider’s Control Area is arrangements on the Network, on the otherwise specified in the agreement. required to acquire these Ancillary Southern Intertie, and on the Montana Section IV. Adjustments, Charges, and Services, whether from the Intertie are each charged separately for Other Rate Provisions Transmission Provider, from a third Scheduling, System Control and party, or by self-supply. The Dispatch Service. A. Ancillary Services Transmission Customer may not decline 1. Rates Ancillary services that may be the Transmission Provider’s offer of required to support IE transmission Ancillary Services unless it a. Long-Term Firm PTP Transmission service are available under the ACS rate demonstrates that it has acquired the Service and NT Service.—The rate shall schedule. Ancillary Services from another source. not exceed $0.166 per kilowatt per The Transmission Customer must list in month. B. Failure To Comply Penalty its Application which Ancillary b. Short-Term Firm and Non-Firm Customers taking service under this Services it will purchase from the PTP Transmission Service.—For each rate schedule are subject to the Failure Transmission Provider. reservation, the rates shall not exceed: to Comply Penalty specified in section Ancillary Service rates available (1) Monthly, Weekly, and Daily Firm II.B of the GRSPs. under this rate schedule are: and Non-Firm Service (a) Days 1 through 5—$0.008 per 1. Scheduling, System Control, and Schedule ACS–04 Ancillary Services kilowatt per day and Control Area Services Rate Dispatch Service (b) Day 6 and beyond—$0.005 per 2. Reactive Supply and Voltage Control Section I. Availability kilowatt per day from Generation Sources Service (2) Hourly Firm and Non-Firm 3. Regulation and Frequency Response This schedule supersedes Schedule Service— ACS–02. It is available to all Service The rate shall not exceed 0.48 mills 4. Energy Imbalance Service Transmission Customers taking service per kilowatthour. under the Open Access Transmission 5. Operating Reserve—Spinning Reserve Tariff and other contractual Service 2. Billing Factors arrangements. This schedule is available 6. Operating Reserve—Supplemental a. Point-To-Point Transmission also for transmission service of a similar Reserve Service Service.—For Transmission Customers nature that may be ordered by the Control Area Services are available to taking Point-to-Point Transmission Federal Energy Regulatory Commission meet the Reliability Obligations of a Service (PTP, IS, and IM rates), the (FERC) pursuant to sections 211 and 212 party with resources or loads in the BPA Billing Factor for each rate specified in of the Federal Power Act (16 U.S.C. 824j Control Area. A party that is not section 1.a, 1.b(1), and for Hourly Firm and 824k). Service under this schedule satisfying all of its Reliability PTP Transmission Service specified in is subject to BPA–TBL’s General Rate Obligations through the purchase or 1.b(2) shall be the Reserved Capacity, Schedule Provisions (GRSPs). self-provision of Ancillary Services which is the greater of: Ancillary Services are needed with must purchase Control Area Services to 1. the sum of the capacity reservations transmission service to maintain meet its Reliability Obligations. Control at the Point(s) of Receipt, or reliability within and among the Control Area Services are also available to 2. the sum of the capacity reservations Areas affected by the transmission parties with resources or loads in the at the Point(s) of Delivery. service. The Transmission Provider is BPA Control Area that have Reliability The Reserved Capacity for Firm PTP required to provide, and the Obligations, but do not have a Transmission Service shall not be Transmission Customer is required to transmission agreement with BPA. adjusted for any Short-Distance purchase, the following Ancillary Reliability Obligations for resources or Discounts or for any modifications on a Services: (a) Scheduling, System Control loads in the BPA Control Area shall be non-firm basis in determining the and Dispatch, and (b) Reactive Supply determined consistent with the Scheduling, System Control and and Voltage Control from Generation applicable North American Electric Dispatch Service Billing Factor. Sources. Reliability Council (NERC), Western The Billing Factor for the rate The Transmission Provider is Electricity Coordinating Council specified in section 1.b(2) for Hourly required to offer to provide the (WECC), and Northwest Power Pool Non-Firm Service shall be the following Ancillary Services only to the (NWPP) criteria. scheduled kilowatthours. Transmission Customer serving load Control Area Service rates available These Billing Factors apply to all PTP within the Transmission Provider’s under this rate schedule are: transmission service under the Open Control Area: (a) Regulation and 1. Regulation and Frequency Response Access Transmission Tariff regardless of Frequency Response and (b) Energy Service whether the Transmission Customer Imbalance. The Transmission Customer 2. Generation Imbalance Service actually uses (schedules) the serving load within the Transmission 3. Operating Reserve—Spinning Reserve transmission. Provider’s Control Area is required to Service b. Network Integration Transmission acquire these Ancillary Services, 4. Operating Reserve—Supplemental Service.—For Transmission Customers whether from the Transmission Reserve Service taking Network Integration
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Transmission Service, the Billing Factor Access Transmission Tariff regardless of positive and negative deviations from for the rate specified in section 1.a. shall whether the Transmission Customer schedule for each hour) for Heavy Load equal the NT Base Charge Billing Factor actually uses (schedules) the Hour (HLH) and Light Load Hour (LLH) determined pursuant to section III.A of transmission. periods. Return energy may be the Network Integration Rate Schedule b. Network Integration Transmission scheduled at any time during the month (NT–04). Service.—For Transmission Customers to bring the deviation account balances taking Network Integration to zero at the end of each month. BPA– Section II. Ancillary Service Rates Transmission Service, the Billing Factor TBL will approve the hourly schedules B. Reactive Supply and Voltage Control for the rate specified in section 1.a. shall of return energy. The customer shall from Generation Sources Service equal the NT Base Charge Billing Factor make the arrangements and submit the The rates below apply to determined pursuant to section III.A of schedule for the balancing transaction. The following rates will be applied Transmission Customers taking Reactive the Network Integration Rate Schedule when a deviation balance remains at the Supply and Voltage Control from (NT–04). end of the month: Generation Sources Service from BPA– c. Adjustment for Self-Supply.—The Billing Factors in sections 2.a. and 2.b. (i) When the monthly net energy TBL. These rates apply to both firm and (determined for HLH and LLH periods) non-firm transmission service. above may be reduced as specified in the Transmission Customer’s Service taken by the Transmission Customer is Transmission arrangements on the greater than the energy scheduled, the Network, on the Southern Intertie, and Agreement to the extent the Transmission Customer demonstrates to charge is BPA’s incremental cost based on the Montana Intertie are each on the applicable average HLH and charged separately for Reactive Supply BPA–TBL’s satisfaction that it can self- provide Reactive Supply and Voltage average LLH incremental cost for the and Voltage Control from Generation month. Sources Service. Control from Generation Sources Service. (ii) When the monthly net energy 1. Rates (determined for HLH and LLH periods) Section II. Ancillary Service Rates taken by the Transmission Customer is a. Long-Term Firm PTP Transmission less than the energy scheduled, the Service and NT Service.—The rate shall C. Regulation and Frequency Response credit is BPA’s incremental cost based not exceed $0.067 per kilowatt per Service on the applicable average HLH and LLH month. The rate below for Regulation and b. Short-Term Firm and Non-Firm incremental cost for the month. Frequency Response Service applies to b. Imbalances Within Deviation Band PTP Transmission Service.—For each Transmission Customers serving loads 2.—Deviation Band 2 applies to the reservation, the rates shall not exceed: in the BPA Control Area. Regulation and (1) Monthly, Weekly, and Daily Firm portion of the deviation (i) greater than Frequency Response Service provides ±1.5% of the scheduled amount of and Nonfirm Service the generation capability to follow the ± (a) Days 1 through 5—$0.003 per energy or 2 MW, whichever is larger in moment-to-moment variations of loads absolute value, (ii) up to and including kilowatt per day in the BPA Control Area and maintain (b) Day 6 and beyond—$0.002 per ±7.5% of the scheduled amount of the power system frequency at 60 Hz in energy or ±10 MW, whichever is larger kilowatt per day conformance with NERC and WECC (2) Hourly Firm and Non-Firm in absolute value. reliability standards. Service.—The rate shall not exceed 0.19 (i) When energy taken by the mills per kilowatthour. 1. Rate Transmission Customer in a schedule hour is greater than the energy 2. Billing Factors The rate shall not exceed 0.30 mills scheduled, the charge is 110% of BPA’s a. Point-To-Point Transmission per kilowatthour. incremental cost. Service.—For Transmission Customers 2. Billing Factor (ii) When energy taken by the Transmission Customer in a schedule taking Point-to-Point Transmission The Billing Factor is the customer’s hour is less than the scheduled amount, Service (PTP, IS, and IM rates), the total load in the BPA Control Area, in the credit is 90% of BPA’s incremental Billing Factor for each rate specified in kilowatthours. section 1.a, 1.b(1) and for Hourly Firm cost. PTP Transmission Service specified in Section II. Ancillary Service Rates c. Imbalances Within Deviation Band 3.—Deviation Band 3 applies to the 1.b(2) shall be the Reserved Capacity, D. Energy Imbalance Service which is the greater of: portion of the deviation (i) greater than 1. The sum of the capacity The rates below apply to ±7.5% of the scheduled amount of reservations at the Point(s) of Receipt, or Transmission Customers taking Energy energy, or (ii) greater than ±10 MW of 2. The sum of the capacity Imbalance Service from BPA–TBL. the scheduled amount of energy, reservations at the Point(s) of Delivery. Energy Imbalance Service is taken when whichever is larger in absolute value. The Reserved Capacity for Firm PTP there is a difference between scheduled (I) When energy taken by the Transmission Service shall not be and actual energy delivered to a load in Transmission Customer in a schedule adjusted for any Short-Distance the BPA Control Area during a schedule hour is greater than the energy Discount or for any modifications on a hour. scheduled, the charge is 125% of BPA’s non-firm basis in determining the highest incremental cost that occurs 1. Rates Reactive Supply and Voltage Control during the that day. The highest daily from Generation Sources Service Billing a. Imbalances Within Deviation Band incremental cost shall be determined Factor. 1.—Deviation Band 1 applies to separately for HLH and LLH. The Billing Factor for the rate deviations that are less than or equal to: (ii) When energy taken by the specified in section 1.b(2) for Hourly (i) ±1.5% of the scheduled amount of Transmission Customer in a schedule Non-Firm Service shall be the energy, or (ii) ±2 MW, whichever is hour is less than the scheduled amount, scheduled kilowatthours. larger in absolute value. BPA–TBL will the credit is 75% of BPA’s lowest These Billing Factors apply to all PTP maintain deviation accounts showing incremental cost that occurs during that transmission service under the Open the net Energy Imbalance (the sum of day. The lowest daily incremental cost
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shall be determined separately for HLH 2. Billing Factors accordance with applicable WECC and and LLH. a. The Billing Factor for Spinning NWPP standards. Application of current standards establish a minimum 2. Other Rate Provisions Reserve Service is determined in accordance with applicable WECC and Supplemental Reserve Requirement a. BPA Incremental Cost.—BPA’s NWPP standards. Application of current equal to the sum of: incremental cost will be based on an standards establish a minimum (i) Two and one half percent (2.5%) hourly energy index in the PNW. If no Spinning Reserve Requirement equal to of the hydroelectric generation adequate hourly index exists, an the sum of: dedicated to the Transmission alternative index will be used. The (i) Two and a half percent (2.5%) of Customer’s firm load responsibility, index to be used will be posted on the the hydroelectric generation dedicated plus OASIS at least 30 days prior to use for to the Transmission Customer’s firm (ii) Three and one half percent (3.5%) determining the BPA incremental cost load responsibility; and of non-hydroelectric generation and will not be changed more often than (ii) Three and a half percent (3.5%) of dedicated to the Transmission once per year unless BPA–TBL non-hydroelectric generation dedicated Customer’s firm load responsibility, determines that the existing index is no to the Transmission Customer’s firm plus longer a reliable price index. load responsibility. (iii) Any power scheduled into the b. Spill Conditions.—For any day that b. The Billing Factor for energy BPA Control Area that can be the Federal System is in a Spill delivered when Spinning Reserve interrupted on ten (10) minutes’ notice. Condition, no credit is given for Service is called upon is the energy b. The Billing Factor for energy negative deviations (actual energy delivered, in kilowatthours. delivered when Supplemental Reserve Service is called upon is the energy delivered is less than scheduled) for any Section II. Ancillary Service Rates hour of that day. delivered, in kilowatthours. F. Operating Reserve—Supplemental c. Intentional Deviation.—For any Section III. Control Area Service Rates hour(s) that an imbalance is determined Reserve Service by BPA–TBL to be an Intentional The rates below apply to A. Regulation and Frequency Response Deviation: Transmission Customers taking Service (1) No credit is given when energy Operating Reserve—Supplemental The rate below applies to all loads in taken is less than the scheduled energy. Reserve Service from BPA–TBL and to the BPA Control Area that are receiving (2) When energy taken exceeds the generators in the BPA Control Area for Regulation and Frequency Response scheduled energy, the charge is the settlement of energy deliveries. Service from the BPA Control Area, and greater of: (i) 125% of BPA’s highest Supplemental Reserve Service is such Regulation and Frequency incremental cost that occurs during that available within a short period of time Response Service is not provided for day, or (ii) 100 mills per kilowatthour. to serve load in the event of a system under a BPA–TBL transmission contingency. For a Transmission agreement. Regulation and Frequency Section II. Ancillary Service Rates Customer’s load (located inside or Response Service provides the E. Operating Reserve—Spinning Reserve outside the BPA Control Area) served by generation capability to follow the Service generation located in the BPA Control moment-to-moment variations of loads Area, the Transmission Customer’s in the BPA Control Area and maintain The rates below apply to Supplemental Reserve Requirement the power system frequency at 60 Hz in Transmission Customers taking shall be determined consistent with conformance with NERC and WECC Operating Reserve—Spinning Reserve applicable NERC, WECC and NWPP reliability standards. Service from BPA–TBL and to standards. generators in the BPA Control Area for 1. Rate 1. Rates settlement of energy deliveries. The rate shall not exceed 0.30 mills Spinning Reserve Service is needed to a. The rate shall not exceed 8.39 mills per kilowatthour. serve load immediately in the event of per kilowatthour of Supplemental a system contingency. For a Reserve Requirement. 2. Billing Factor Transmission Customer’s load (located b. For energy delivered, the The Billing Factor is the customer’s inside or outside of the BPA Control Transmission Customer (for total load in the BPA Control Area, in Area) served by generation located in interruptible imports only) or the kilowatthours. the BPA Control Area, the Transmission generator shall, as directed by BPA– Customer’s Spinning Reserve TBL, either: Section III. Control Area Service Rates Requirement shall be determined (i) Purchase the energy at the hourly B. Generation Imbalance Service market index price applicable at the consistent with applicable NERC, WECC The rates below apply to generation and NWPP standards. time of occurrence, or (ii) Return the energy at the times resources in the BPA Control Area if 1. Rates specified by BPA–TBL. Generation Imbalance Service is The Transmission Customer shall be provided for in an interconnection a. The rate shall not exceed 8.39 mills responsible for the settlement of agreement or other arrangement. per kilowatthour of the Transmission delivered energy associated with Generation Imbalance Service is taken Customer’s Spinning Reserve interruptible imports (see section when there is a difference between Requirement. 2.a(iii)). The generator shall be scheduled and actual energy delivered b. For energy delivered, the generator responsible for the settlement of from generation resources in the BPA shall, as directed by BPA–TBL, either: delivered energy associated with Control Area during a schedule hour. (i) Purchase the energy at the hourly generation in the BPA Control Area. market index price applicable at the 1. Rates time of occurrence, or 2. Billing Factors a. Imbalances Within Deviation Band (ii) Return the energy at the times a. The Billing Factor for Supplemental 1.—Deviation Band 1 applies to specified by BPA–TBL. Reserve Service is determined in deviations that are less than or equal to:
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(I) ± 1.5% of the scheduled amount of scheduled amount, the credit is 75% of b. For energy delivered, the customer energy, or (ii) ± 2 MW, whichever is BPA’s lowest incremental cost that shall, as directed by BPA–TBL, either: larger in absolute value. BPA–TBL will occurs during that day. The lowest daily (i) Purchase the energy at the hourly maintain deviation accounts showing incremental cost shall be determined market index price applicable at the the net Generation Imbalance (the sum separately for HLH and LLH. time of occurrence, or of positive and negative deviations from (ii) Return the energy at the times 2. Other Rate Provisions schedule for each hour) for Heavy Load specified by BPA–TBL. a. BPA Incremental Cost.—BPA’s Hour (HLH) and Light Load Hour (LLH) 2. Billing Factors periods. Return energy may be incremental cost will be based on an scheduled at any time during the month hourly energy index in the PNW. If no a. The Billing Factor for Spinning to bring the deviation account balances adequate hourly index exists, an Reserve Service is determined in to zero at the end of each month. BPA– alternative index will be used. The accordance with applicable WECC and TBL will approve the hourly schedules index to be used will be posted on the NWPP standards. Application of current of return energy. The customer shall OASIS at least 30 days prior to use for standards establish a minimum make the arrangements and submit the determining the BPA incremental cost Spinning Reserve Requirement equal to schedule for the balancing transaction. and will not be changed more often than the sum of: The following rates will be applied once per year unless BPA–TBL (i) Two and one half percent (2.5%) when a deviation balance remains at the determines that the existing index is no of the hydroelectric generation end of the month: longer a reliable price index. dedicated to the customer’s firm load (i) When the monthly net energy b. Spill Conditions.—For any day that responsibility, plus (determined for HLH and LLH periods) the Federal System is in a Spill (ii) Three and one half percent (3.5%) delivered from a generation resource is Condition, no credit is given for of non-hydroelectric generation less than the energy scheduled, the negative deviations (actual generation dedicated to the customer’s firm load charge is BPA’s incremental cost based greater than schedules) for any hour of responsibility. on the applicable average HLH and that day. b. The Billing Factor for energy average LLH incremental cost for the c. Intentional Deviation.—No credit is delivered when Spinning Reserve month. given for negative deviations (actual Service is called upon is the energy (ii) When the monthly net energy generation greater than schedules) for delivered, in kilowatthours. any hour(s) that the imbalance is an (determined for HLH and LLH periods) Section III. Control Area Service Rates delivered from a generation resource is Intentional Deviation (as determined by greater than the energy scheduled, the BPA–TBL). D. Operating Reserve—Supplemental credit is BPA’s incremental cost based For positive deviations (actual Reserve Service on the applicable average HLH and LLH generation less than schedules) which Operating Reserve—Supplemental incremental cost for the month. are determined by BPA–TBL to be Reserve Service must be purchased by a b. Imbalances Within Deviation Band Intentional Deviations, the charge is the party with generation in the BPA 2.—Deviation Band 2 applies to the greater of: (I) 125% of BPA’s highest Control Area that is receiving this portion of the deviation (I) greater than incremental cost that occurs during that service from BPA–TBL, and such ± 1.5% of the scheduled amount of day, or (ii) 100 mills per kilowatthour. Supplemental Reserve Service is not energy or ±2MW, whichever is larger in d. Exemptions from Deviation Band provided for under a BPA–TBL absolute value, (ii) up to and including 3.—The following resources are not transmission agreement. Service is being ±7.5% of the scheduled amount of subject to Deviation Band 3: received if there are no other qualifying (i) wind resources; and energy or ±10 MW, whichever is larger resources providing this required in absolute value. (ii) new generation resources undergoing testing before commercial reserve service in conformance with (i) When energy delivered in a NERC, WECC and NWPP standards. schedule hour from the generation operation for up to 90 days. resource is less than the energy All such deviations greater than 1. Rates ±1.5% or ±2 MW will be charged scheduled, the charge is 110% of BPA’s a. The rate shall not exceed 8.39 mills consistent with section 1.b., Imbalances incremental cost. per kilowatthour of Supplemental Within Deviation Band 2. (ii) When energy delivered from the Reserve Requirement. generation resource is greater than the Section III. Control Area Service Rates b. For energy delivered, the customer scheduled amount, the credit is 90% of shall, as directed by BPA–TBL either: BPA’s incremental cost. C. Operating Reserve—Spinning Reserve (i) Purchase the energy at the hourly c. Imbalances Within Deviation Band Service market index price applicable at the 3.—Deviation Band 3 applies to the Operating Reserve—Spinning Reserve time of occurrence, or portion of the deviation (i) greater than Service must be purchased by a party (ii) Return the energy at the times ±7.5% of the scheduled amount of with generation in the BPA Control Area specified by BPA–TBL. energy, or (ii) greater than ±10 MW of that is receiving this service from BPA– 2. Billing Factors the scheduled amount of energy, TBL, and such Spinning Reserve Service whichever is larger in absolute value. is not provided for under a BPA–TBL a. The Billing Factor for Spinning (i) When energy delivered in a transmission agreement. Service is being Reserve Service is determined in schedule hour from the generation received if there are no other qualifying accordance with applicable WECC and resource is less than the energy resources providing this required NWPP standards. Application of current scheduled, the charge is 125% of BPA’s reserve service in conformance with standards establish a minimum highest incremental cost that occurs NERC, WECC and NWPP standards. Spinning Reserve Requirement equal to during that day. The highest daily the sum of: incremental cost shall be determined 1. Rates (i) Two and one half percent (2.5%) separately for HLH and LLH. a. The rate shall not exceed 8.39 mills of the hydroelectric generation (ii) When energy delivered from the per kilowatthour of Spinning Reserve dedicated to the customer’s firm load generation resource is greater than the Requirement Responsibility, plus
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(ii) Three and one half percent (3.5%) 839, and the Energy Policy Act of 1992 billing dispute between the BPA–TBL of non-hydroelectric generation (Pub. L. 102–486), 16 U.S.C. 824(i)—(l). and the Transmission Customer, the dedicated to the customer’s firm load These 2004 rate schedules do not BPA–TBL will continue to provide responsibility, plus supersede any previously established service under the Service Agreement as (iii) Any power scheduled into the rate schedule that is required, by long as the Transmission Customer (I) BPA Control Area that can be agreement, to remain in effect. continues to make all payments not in interrupted on ten (10) minutes’ notice. If a provision in an executed dispute, and (ii) pays into an agreement is in conflict with a provision b. The Billing Factor for energy independent escrow account the portion contained herein, the former shall delivered when Supplemental Reserve of the invoice in dispute, pending prevail. Service is called upon is the energy resolution of such dispute. If the delivered, in kilowatthours. C. Notices Transmission Customer fails to meet these two requirements for continuation Section IV. Adjustments, Charges, and For the purpose of determining of service, then the BPA–TBL may Other Rate Provisions A. Rate elapsed time from receipt of a notice provide notice to the Transmission Adjustment Due to FERC Order Under applicable to rate schedule and GRSP Customer of its intention to suspend FPA § 212 administration, a notice shall be deemed service in sixty (60) days, in accordance to have been received at 0000 hours on with Commission policy. Customers taking service under this the first calendar day following actual rate schedule are subject to the Rate receipt of the notice. Section II. Adjustments, Charges, and Adjustment Due to FERC Order under Special Rate Provisions FPA § 212 specified in section II.D of D. Billing and Payment A. Delivery Charge the GRSPs. 1. Billing Procedure Transmission Customers shall pay a General Rate Schedule Provisions for Within a reasonable time after the first Delivery Charge for service over DSI Transmission and Ancillary Service day of each month, the BPA–TBL shall Delivery facilities and Utility Delivery Rates submit an invoice to the Transmission facilities. Customer for the charges for all services Section I. Generally Applicable 1. Rates Provisions furnished under the Tariff and other agreements during the preceding month. a. DSI Delivery.—Use-of-Facilities A. Approval of Rates The invoice shall be paid by the (UFT–04) Rate, section III.B.1 or III.B.2 Transmission Customer within twenty These 2004 rate schedules and b. Utility Delivery.—$0.946 per (20) days of receipt. All payments shall General Rate Schedule Provisions kilowatt per month be made in immediately available funds (GRSPs) for Transmission and Ancillary payable to the BPA–TBL, or by wire 2. Billing Factor Service Rates shall become effective transfer to a bank named by the BPA– a. Utility Delivery.—The monthly upon interim approval or upon final TBL. Billing Factor for the Utility Delivery confirmation and approval by the rate in section 1.b. shall be the total load Federal Energy Regulatory Commission 2. Interest on Unpaid Balances on the hour of the Monthly (FERC). Bonneville Power Interest on any unpaid amounts Transmission Peak Load at the Points of Administration (BPA) has requested that (including amounts placed in escrow) Delivery specified as Utility Delivery FERC make these rates and GRSPs shall be calculated in accordance with facilities. effective on October 1, 2003. All rate the methodology specified for interest The monthly Utility Delivery Billing schedules shall remain in effect until on refunds in the Commission’s Factor shall be adjusted for customers they are replaced or expire on their own regulations at 18 CFR 35.19a(a)(2)(iii). who pay for Utility Delivery facilities terms. Interest on delinquent amounts shall be under the Use-of-Facilities (UFT) rate B. General Provisions calculated from the due date of the bill schedule. The kilowatt credit shall to the date of payment. When payments equal the transmission service over the These 2004 rate schedules and the are made by mail, bills shall be Delivery facilities used to calculate the GRSPs associated with these schedules considered as having been paid on the UFT charge. This adjustment shall not supersede BPA’s 2002 rate schedules date of receipt by the BPA–TBL. reduce the Utility Delivery Charge (which became effective October 1, 3. Customer Default billing factor below zero. 2002) to the extent stated in the b. Metering Adjustment.—At those Availability section of each rate In the event the Transmission Points of Delivery that do not have schedule. These schedules and GRSPs Customer fails, for any reason other than meters capable of determining the shall be applicable to all BPA–TBL a billing dispute as described below, to demand on the hour of the Monthly contracts, including contracts executed make payment to the BPA–TBL on or Transmission Peak Load, the Billing both prior to, and subsequent to, before the due date as described above, Factor under section 2.a. shall equal the enactment of the Pacific Northwest and such failure of payment is not highest hourly demand that occurs Electric Power Planning and corrected within thirty (30) calendar during the billing month at the Point of Conservation Act (Northwest Power days after the BPA–TBL notifies the Delivery multiplied by 0.79. Act). All sales under these rate Transmission Customer to cure such schedules are subject to the following failure, a default by the Transmission B. Failure To Comply Penalty Charge acts as amended: the Bonneville Project Customer shall be deemed to exist. If a party fails to comply with the Act (Pub. L. 75–329), 16 U.S.C. 832, the Upon the occurrence of a default, the BPA–TBL’s curtailment, redispatch, or Pacific Northwest Consumer Power BPA–TBL may notify the Transmission load shedding orders, the party will be Preference Act (Pub. L. 88–552), 16 Customer that it plans to terminate assessed the Failure to Comply Penalty U.S.C. 837, the Federal Columbia River services in sixty (60) days. The Charge. Transmission System Act (Pub. L. 93– Transmission Customer may use the Parties who are unable to comply 454), 16 U.S.C. 838, the Northwest dispute resolution procedures to contest with a curtailment, load shedding, or Power Act (Pub. L. 96–501), 16 U.S.C. such termination. In the event of a redispatch order due to a force majeure
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on their system will not be subject to transmission service under multiple rate Garrison 500 kV this penalty provided that they schedules, the party will pay for its Townsend 500 kV immediately notify the BPA–TBL of the reactive power requirements as if it is f. Special Circumstances.—The party situation upon occurrence of the force taking delivery under only one rate may submit requests to BPA majeure. schedule. Transmission Business Line for 1. Rate 2. Conditions for Application of the consideration of unique circumstances. Power Factor Penalty Charge BPA Transmission Business Line will The rate shall be the highest of: evaluate the request and may make a. 100 mills per kilowatthour; a. Measured Data.—The Power Factor arrangements with the party to address b. any costs incurred by the BPA–TBL Penalty Charge will apply to only the the special circumstances. in order to manage the reliability of the party’s reactive power requirements for FCRTS due to the failure to comply; which measured data exist. 3. Rates c. an hourly market price index plus b. Party’s Generating Resource BPA–TBL will bill the party for 10%. Connected to the FCRTS.—Irrespective reactive power at each point each month The hourly market price index will be of the direction of real power flow, the as follows: the larger of the California ISO Ex-Post Power Factor Penalty Charge shall apply Reactive Demand Supplemental Energy Price or the Dow to points of interconnection where a Jones Mid-Columbia Firm Index Price party’s generating resource is directly $0.28 per kVAr of lagging reactive for the hour(s) when the failure to connected to the FCRTS, unless the demand in excess of the Reactive comply occurred. party’s generating resource is either: Deadband during HLH in all months of i. a synchronous generator equipped the year. 2. Billing Factors with a voltage regulator, or $0.24 per kVAr of leading reactive The Billing Factor shall be the ii. equipped with reactive power demand in excess of the Reactive kilowatthours that were not curtailed or control devices that comply with BPA– Deadband during LLH in all months of redispatched in any of the following TBL’s applicable interconnection the year. situations: standards. No charge for leading reactive a. Failure to shed load when required Such resource must actively support demand during HLH. as specified by the Load Shedding the voltage schedule at the point of No charge for lagging reactive demand provisions of the Open Access integration at all times when the during LLH. resource is in service, as determined by Transmission Tariff or any other 4. Billing Factors applicable agreement between the BPA Transmission Business Line, for parties. This includes failure to respond this exemption to apply. Generating a. Reactive Deadband.—The Reactive within the time period specified by the resources that do not satisfy the above Deadband (measured in kVAr) is used to North American Electric Reliability criteria shall not be exempt from the determine the Reactive Billing Demand Council (NERC), Western Electricity Power Factor Penalty Charge. and Ratchet Demand for the Power Coordinating Council (WECC), or c. Bi-directional Real Power Flow.— Factor Penalty Charge. Northwest Power Pool (NWPP) criteria. For points other than those specified in The Reactive Deadband for each b. Failure of a generator in the BPA section 2(b), the Power Factor Penalty billing period is the maximum hourly Control Area or which directly Charge will not be applied, and no new integrated metered real power demand interconnects to the FCRTS to change Ratchet Demand for reactive power will (measured in kW) at each point during generation levels when directed to do so be established, at a specific point if the the billing period multiplied by 25 by the BPA–TBL. This includes failure metered real power (on an hourly percent. to respond within the time period integrated basis) flows from the party’s The Reactive Deadband for either specified by NERC, WECC, or NWPP system to the FCRTS at that point for as HLH or LLH: criteria. little as one hour during the billing (I) is computed once per billing c. Failure to curtail a schedule in the period. However, the party will still pay period (the same quantity is used for time period specified by NERC, WECC, any previously incurred demand ratchet both HLH and LLH), or NWPP criteria when directed to do so charges. The direction of the real power (ii) does not vary during the billing by the BPA–TBL. flow will be determined based on period, and metered quantities, not on scheduled (iii) is based on the maximum hourly C. Power Factor Penalty Charge quantities. integrated metered real power demand during that billing period. 1. Description of the Power Factor d. Service by Transfer.—Points of b. Reactive Billing Demand.—The Penalty Charge delivery that are served by transfer over another utility’s transmission system party’s Reactive Billing Demand shall be Any party that is interconnected with will not be subject to the Power Factor calculated independently for lagging the Federal Columbia River Penalty Charge unless there are reactive power and leading reactive Transmission System (FCRTS) shall be significant BPA–TBL Network facilities power at each point for which a Power charged for its reactive power between the party’s points of delivery Factor Penalty Charge is assessed. requirements as described in this and the transferor’s system. All reactive demands shall be section, unless otherwise specified in an e. Specific Points Exempt from the established in the particular HLH or agreement existing prior to October 1, Power Factor Penalty Charge.—The LLH at each point during which the 1995. Power Factor Penalty Charge will not party’s maximum applicable reactive Each point of interconnection or point apply to the following points: demand is placed on BPA–TBL, of delivery shall be monitored and Nevada-Oregon Border (NOB) regardless of the time of the real power billed independently for determining Big Eddy 500 kV peak at each point. the party’s total reactive power Big Eddy 230 kV All reactive demand at each point requirements and all associated billing John Day 500 kV shall be established on a non- factors, including the Reactive Malin 500 kV coincidental basis, regardless of whether Deadband. If a party is taking Captain Jack 500 kV the party is billed for real power or
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transmission at such point on a Transmission Service through an announced to all Eligible Customers coincidental or non-coincidental basis, advanced reservation; or solely by posting on the OASIS; unless otherwise specified in the b. requesting an extension of the b. Any customer-initiated requests for agreement between BPA–TBL and the Service Commencement Date specified discounts (including requests for use by party, or coincidental billing is, in BPA– in the executed Service Agreement. one’s wholesale merchant or an TBL’s sole determination, more For requests beginning October 1, affiliate’s use) must occur solely by practical for BPA–TBL. 2001, ‘‘deferred’’ service is any advance posting on the OASIS; and There will be separate reactive reservation of Long-Term Firm Point-to- c. Once a discount is negotiated, demands for lagging (HLH) and leading Point Transmission Service with a details must be immediately posted on (LLH) demands. The party’s Reactive Service Commencement Date greater the OASIS. Billing Demand for each point for the than one (1) year from the request date. For any discount agreed upon for billing month shall be the larger of: The Reservation Fee shall be specified transmission service on a path, from (i) The largest measured reactive in the executed agreement for point(s) of receipt to point(s) of delivery, demand in excess of the Reactive transmission service. the Transmission Provider must offer Deadband during the billing period, or 1. Fee the same discounted transmission (ii) The Ratchet Demand for reactive service rate for the same time period to The Reservation Fee shall be a power. all Eligible Customers on all nonrefundable fee equal to one month’s unconstrained transmission paths that The Ratchet Demand for reactive charge for the requested Long-Term go to the same point(s) of delivery on power is equal to 100 percent of the Firm Point-to-Point Transmission the Transmission System. largest measured reactive demand in Service for each year or fraction of a A discount agreed upon for an excess of the Reactive Deadband during year for which the customer chooses to Ancillary Service must be offered for the the preceding 11-month period. Each defer service or extend the Service same period to all Eligible Customers on point shall have a separate Ratchet Commencement Date. The Reservation the Transmission Provider’s System. Demand for lagging (HLH) and leading Fee shall be paid annually until (LLH) reactive demand. transmission service begins or the G. Unauthorized Increase Charge (UIC) reservation period ends, whichever 5. Adjustments for Reactive Losses Transmission Customers taking Point- occurs first. Measured data shall be adjusted for to-Point Transmission Service under the reactive losses, if applicable, before 2. Payment PTP, IS, and IM Rate Schedules shall be determination of the Reactive Billing a. For deferred service, the assessed the UIC when they exceed their Demand. Reservation Fee for the first year shall capacity reservations at any Point of be paid in a lump sum within 30 days Receipt (POR) or Point of Delivery D. Rate Adjustment Due to FERC Order (POD). Transmission Customers taking Under FPA § 212 of the date the first year service deferral begins. For subsequent years, the Network Integration Transmission If, after review by FERC, the NT, PTP, Reservation Fee shall be paid in a lump Service under the NT Rate Schedule IS, or IM rate schedule, as initially sum within 30 days of the anniversary shall be assessed the UIC if their Actual submitted to FERC, is modified to date of deferred service. The Customer-Served Load (CSL) is less than satisfy the standards of section Reservation Fee shall be assessed their Declared CSL. 212(i)(1)(B)(ii) of the Federal Power Act annually until transmission service 1. Rate (16 U.S.C. 824k(i)(1)(B)(ii)) for FERC- begins or the reservation period ends, ordered transmission service, then such whichever occurs first. a. Point-To-Point Transmission modifications shall automatically apply b. For extensions of the Service Service (PTP, IS, and IM Rate to the rate schedule for non-section Commencement Date, the Reservation Schedules). (1) Long-Term Transmission 212(i)(1)(B)(ii) transmission service. The Fee for the first extension of the Service Service.—The UIC rate shall be two (2) modifications for non-section Commencement Date shall be paid in a times the PTP, IS, or IM rate per 212(i)(1)(B)(ii) transmission service, as lump sum within 30 days of the original kilowatt per month for Long-Term Firm described above, shall be effective, Service Commencement Date. For PTP Transmission Service as specified however, only prospectively from the subsequent extensions, the Reservation in section II.A. of the applicable rate date of the final FERC order granting Fee shall be paid in a lump sum within schedule. final approval of the rate schedule for 30 days of the anniversary date of the (2) Monthly, Weekly, and Daily FERC-ordered transmission service original Service Commencement Date. Transmission Service.—The UIC rate pursuant to section 212(i)(1)(B)(ii). No shall be two (2) times the rate per refunds shall be made or additional F. Transmission and Ancillary Services kilowatt for transmission service, costs charged as a consequence of this Rate Discounts calculated by applying the rates per prospective modification for any non- BPA–TBL may offer discounted rates kilowatt per day specified in section section 212(i)(1)(B)(ii) transmission for transmission and ancillary services II.B.1 of the applicable rate schedule to service that occurred under the rate available under the Open Access the total number of days of the schedule prior to the effective date of Transmission Tariff and to the extent transmission reservation. such prospective modification. provided for in the PTP, IS, IM and ACS The UIC rate shall not exceed two (2) times the PTP, IS, or IM rate per E. Reservation Fee rate schedules. Three principal requirements apply to kilowatt per month for Long-Term Firm The Reservation Fee is a discounts for transmission service, and Transmission Service. nonrefundable fee that shall be charged for Ancillary Services provided by the (3) Hourly Transmission Service.— to any PTP Transmission Service Transmission Provider in conjunction The UIC rate shall be two (2) times the customer who postpones the with its provision of transmission rate per kilowatt for transmission commencement of service by: service, as follows: service, calculated by applying the rate a. reserving ‘‘deferred’’ service for a. Any offer of a discount made by the per kilowatthour specified in section Long-Term Firm Point-to-Point Transmission Provider must be II.B.2 of the applicable rate schedule to
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the total number of hours of the transmission services, or to any other Frequency Response; Energy Imbalance; transmission reservation. Transmission Customer; and Operating Reserve—Spinning; and b. Network Integration Transmission (d) was not part of a recurring pattern Operating Reserve—Supplemental. Service (NT Rate Schedule).—$2.056 of conduct by the Transmission Ancillary Services are available under per kilowatt per month Customer. the ACS rate schedule. If a waiver or reduction is granted to 2. Billing Factors a Transmission Customer, notice of such 2. Billing Factor a. Point-To-Point Transmission waiver or reduction will be posted on The Billing Factor is the quantity to Service (PTP, IS, and IM Rate the BPA–TBL’s OASIS. which the charge specified in the rate Schedules.—For each hour of the If the Transmission Customer is schedule is applied. When the rate monthly billing period, BPA–TBL shall subject to a UIC in a month, but has not schedule includes charges for several determine the amount by which the received notice from the BPA–TBL of products, there may be a Billing Factor Transmission Customer exceeds its such UIC by billing or otherwise, and for each product. capacity reservation at each POD and the Transmission Customer is also POR, to the extent practicable. BPA– subject to UIC(s) in following month(s) 3. Control Area TBL shall use hourly measurements due to the lack of notice, then BPA–TBL A Control Area is an electric power based on a 10-minute moving average to may bill the Transmission Customer for system or combination of electric power calculate actual demands at PODs the highest UIC in the series. The UIC systems to which a common automatic associated with loads that are one-way for all other months (including the first generation control scheme is applied in dynamically scheduled and at PORs month(s) if it does not have the highest order to: associated with resources that are one- UIC) in such a series will be waived. 1. Match, at all times, the power way dynamically scheduled. To H. GTA Delivery Charge output of the generators within the calculate actual demands at PODs and electric power system(s) and capacity Customers who purchase Federal PORs that are associated with two-way and energy purchased from entities power that is delivered over non- dynamic schedules, BPA–TBL shall use outside the electric power system(s), Federal low voltage transmission instantaneous peak demands for each with the load within the electric power facilities shall pay a GTA Delivery hour. Actual demands at all other PODs system(s); Charge. The GTA Delivery Charge is a and PORs will be based on 60-minute 2. Maintain scheduled interchange integrated demands or transmission BPA Power Business Line charge for low voltage delivery service of Federal with other Control Areas, within the schedules. limits of Good Utility Practice; For each hour, BPA–TBL will sum power provided under General Transfer Agreements (GTAs) and other non- 3. Maintain the frequency of the these amounts that exceed capacity electric power system(s) within reservations: (1) for all PODs, and (2) for Federal transmission service agreements. reasonable limits in accordance with all PORs. The Billing Factor for the Good Utility Practice; and monthly billing period shall be the 1. Rate 4. Provide sufficient generating greater of the highest one-hour POD sum $0.946 per kilowatt per month capacity to maintain operating reserves or highest one-hour POR sum. in accordance with Good Utility b. Network Integration Transmission 2. Billing Factor Practice. Service (NT Rate Schedule).—In each The monthly Billing Factor for the billing month on the hour of the GTA Delivery rate shall be the total 4. Control Area Services Monthly Transmission Peak Load, the amount of Federal power delivered on Control Area Services are available to Billing Factor shall equal the Declared the hour of the Monthly Transmission meet the Reliability Obligations of a CSL minus the Actual CSL. Peak Load at the low voltage Points of party with resources or loads in the BPA 3. UIC Relief Delivery provided for in GTA and other Control Area. A party that is not non-Federal transmission service satisfying all of its Reliability Under appropriate circumstances, agreements. Obligations through the purchase or BPA–TBL may waive or reduce the UIC At those Points of Delivery that do not self-provision of Ancillary Services may to a Transmission Customer on a non- have meters capable of determining the purchase Control Area Services to meet discriminatory basis. A Transmission demand on the hour of the Monthly its Reliability Obligations. Control Area Customer seeking a reduction or waiver Transmission Peak Load, the Billing Services are also available to parties must demonstrate good cause for relief, Factor shall equal the highest hourly with resources or loads in the BPA including a demonstration that: demand that occurs during the billing Control Area that have Reliability 1. The event which resulted in the month at the Point of Delivery Obligations, but do not have a UIC multiplied by 0.79. (a) was the result of an equipment transmission agreement with BPA–TBL. failure or outage that could not Section III. Definitions Reliability Obligations for resources or loads in the BPA Control Area are reasonably have been foreseen by the 1. Ancillary Services customer; and determined by applying the North (b) did not result in harm to BPA– Ancillary Services are those services American Electric Reliability Council TBL’s transmission system or that are necessary to support the (NERC), Western Electricity transmission services, or to any other transmission of capacity and energy Coordinating Council (WECC), and the Transmission Customer; or from resources to loads while Northwest Power Pool (NWPP) 2. The event which resulted in the maintaining reliable operation of BPA– reliability criteria. Control Area UIC TBL’s Transmission System in Services, include, without limitation: (a) was inadvertent; accordance with Good Utility Practice. a. Regulation and Frequency Response (b) could not have been avoided by Ancillary Services include: Scheduling, Service the exercise of reasonable care; System Control and Dispatch; Reactive b. Generation Imbalance Service (c) did not result in harm to BPA– Supply and Voltage Control from c. Operating Reserve—Spinning Reserve TBL’s transmission system or Generation Sources; Regulation and Service
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d. Operating Reserve—Supplemental associated with a generator or load out 14. Generation Imbalance Reserve Service of one Control Area into another Control Generation Imbalance is the e. Other Control Area services. Area. difference between the hourly 5. Daily Service 10. Eastern Intertie scheduled amount and actual delivered amount of energy from a generation Daily Service is Short-Term Firm and The Eastern Intertie is the segment of resource in the BPA Control Area. Non-Firm PTP Transmission Service the Federal Columbia River that starts at 00:00 of any date and stops Transmission System (FCRTS) for 15. Generation Imbalance Service at 00:00 at least one (1) day later, but which the transmission facilities consist Generation Imbalance Service is taken less than or equal to six (6) days later. of the Townsend-Garrison double- when there is a difference between 6. Direct Assignment Facilities circuit 500 kV transmission line scheduled and actual energy delivered segment, including related terminals at from generation resources in the BPA Facilities or portions of facilities that Garrison. Control Area during a schedule hour. are constructed by the BPA–TBL for the sole use/benefit of a particular 11. Energy Imbalance Service 16. Heavy Load Hours (HLH) Transmission Customer requesting Energy Imbalance Service is provided Heavy Load Hours (HLH) are all those service under the Open Access when a difference occurs between the hours in the peak period hour ending 7 Transmission Tariff, the costs of which scheduled and the actual delivery of a.m. to the hour ending 10 p.m., may be directly assigned to the energy to a load located within a Monday through Saturday, Pacific Transmission Customer in accordance Control Area over a single hour. The Prevailing Time (Pacific Standard Time with applicable Federal Energy BPA–TBL must offer this service when or Pacific Daylight Time, as applicable). Regulatory Commission policy. Direct the transmission service is used to serve There are no exceptions to this Assignment Facilities shall be specified load within its Control Area. The definition; that is, it does not matter in the service agreement that governs Transmission Customer must either whether the day is a normal working service to the Transmission Customer. purchase this service from the BPA–TBL day or a holiday. 7. Direct Service Industry (DSI) Delivery or make alternative comparable arrangements specified in the 17. Hourly Firm Point-To-Point (PTP) The DSI Delivery segment is the Transmission Customer’s Service Transmission Service segment of the FCRTS that provides Agreement to satisfy its Energy Hourly Firm Point-To-Point (PTP) service to DSI customers at voltages of Imbalance Service obligation. Service, or Hourly Firm Service, is firm 34.5 kV and below. transmission service under Part II of the 12. Federal Columbia River 8. Dynamic Schedule Open Access Transmission Tariff in Transmission System hourly increments. A Dynamic Schedule is a telemeter reading or value which is updated in The Federal Columbia River 18. Hourly Nonfirm Service real time and which is used as a Transmission System (FCRTS) is the transmission facilities of the Federal Hourly Nonfirm Service is nonfirm schedule in the Automatic Generation transmission service under Part II of the Control (AGC) and Area Control Error Columbia River Power System, which include all transmission facilities Open Access Transmission Tariff in (ACE) equation of the BPA–TBL and the hourly increments. integrated value of which is treated as owned by the government and operated a schedule for interchange accounting by BPA, and other facilities over which 19. Integrated Demand BPA has obtained transmission rights. purposes. One-way Dynamic Schedules Integrated Demand is the quantity are commonly used for scheduling 13. Federal System derived by mathematically ‘‘integrating’’ remote generation or remote load to or The Federal System is the generating kilowatthour deliveries over a 60- from another Control Area. Two-way minute period. For one-way dynamic Dynamic Schedules are commonly used facilities of the Federal Columbia River Power System, including the Federal schedules, demand is integrated on a to provide supplemental regulation or rolling ten-minute basis. operating reserve support from one generating facilities for which BPA is entity to another, usually between designated as marketing agent; the 20. Intentional Deviation Federal facilities under the jurisdiction Control Areas. The Receiving Party BPA, in its sole determination, may of BPA; and any other facilities: sends the Delivering Party a requested find that an Intentional Deviation exists Dynamic Schedule (the first part of the a. from which BPA receives all or a if: two-way schedule). The Delivering portion of the generating capability (a) A deviation is persistent during Party then responds with the official (other than station service) for use in multiple consecutive hours or at Dynamic Schedule of what actually is meeting BPA’s loads to the extent BPA specific times of the day; delivered to the Receiving Party (the has the right to receive such capability. (b) A pattern of under-delivery or second part of the two-way schedule). ‘‘BPA’s loads’’ do not include any of the over-use of energy occurs; or loads of any BPA customer that are (c) Persistent over-generation or 9. Dynamic Transfer served by a non-Federal generating under-use during Light Load Hours, Dynamic Transfer is the provision of resource purchased or owned directly particularly when the customer does not real-time monitoring, telemetering, by such customer which may be respond by adjusting schedules for computer software, hardware, scheduled by BPA; future days to correct these patterns. communications, engineering, b. which BPA may use under contract transmission capacity and energy or license; or 21. Light Load Hours (LLH) accounting (including inadvertent c. to the extent of the rights acquired Light Load Hours (LLH) are all those interchange), and administration, by BPA pursuant to the 1961 U.S.- hours in the offpeak period hour ending including transmission scheduling, Canada Treaty relating to the 11 p.m. to hour ending 6 a.m., Monday required to electronically move all or a cooperative development of water through Saturday and all hours Sunday, portion of the real energy services resources of the Columbia River Basin. Pacific Prevailing Time (Pacific
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Standard Time or Pacific Daylight Time, energy is delivered (received) for a 35. Network Integration Transmission as applicable). transmission customer: (NT) Service a. At each point of delivery (receipt) 22. Long-Term Firm Point-To-Point Network Integration Transmission for which the Metered Demand is the (PTP) Transmission Service (NT) Service is the transmission service basis for the determination of the provided under Part III of the Open Long-Term Firm Point-to-Point Measured Demand; Access Transmission Tariff. Transmission Service is Firm Point-To- b. During each time period specified Point Transmission Service under Part II in the applicable rate schedule; and 36. Network Load of the Open Access Transmission Tariff c. During any billing period. Network Load is the load that a with a term of one year or more. Such largest Integrated Demand shall Network Customer designates for be determined from measurements 23. Main Grid Network Integration Transmission made in accord with the provisions of Service under Part III of the Open As used in the FPT rate schedule, the the applicable contract and these Access Transmission Tariff. The Main Grid is that portion of the Network GRSPs. This amount shall be adjusted as Network Customer’s Network Load shall facilities with an operating voltage of provided herein and in the applicable include all load served by the output of 230 kV or more. agreement between BPA–TBL and the any Network Resources designated by 24. Main Grid Distance customer. the Network Customer. A Network For one-way Dynamic Schedules, the Customer may elect to designate less As used in the FPT rate schedules, Metered Demand in kilowatts shall be than its total load as Network Load but Main Grid Distance is the distance in the largest 10 minute moving average of may not designate only part of the load airline miles on the Main Grid between the load (generation) at the point of at a discrete Point of Delivery. Where an the Point of Integration (POI) and the delivery (receipt). The 10-minute Eligible Customer has elected not to Point of Delivery (POD), multiplied by moving average shall be assigned to the designate a particular load at discrete 1.15. hour in which the 10 minute period Points of Delivery as Network Load, the 25. Main Grid Interconnection Terminal ends. For two-way Dynamic Schedules, Eligible Customer is responsible for the Metered Demand in kilowatts shall making separate arrangements under As used in the FPT rate schedules, be the largest instantaneous value of the Part II of the Tariff for any Point-to- Main Grid Interconnection Terminal Dynamic Schedule during the hour. Point Transmission Service that may be refers to Main Grid terminal facilities necessary for such non-designated load. that interconnect the FCRTS with non- 30. Montana Intertie BPA facilities. The Montana Intertie is the double- 37. Network Upgrades 26. Main Grid Miscellaneous Facilities circuit 500 kV transmission line and Network Upgrades are modifications associated substation facilities from or additions to transmission-related As used in the FPT rate schedules, Broadview Substation to Garrison facilities that are integrated with and Main Grid Miscellaneous Facilities Substation. support the BPA-TBL’s overall refers to switching, transformation, and Transmission System for the general other facilities of the Main Grid not 31. Monthly Firm Service benefit of all users of such Transmission included in other components. Monthly Firm Service is Short-Term System. Firm PTP Transmission Service that 27. Main Grid Terminal 38. Non-Firm Point-To-Point (PTP) starts at 00:00 of any date and stops at Transmission Service As used in the FPT rate schedules, 00:00 at least 28 days later, but less than Main Grid Terminal refers to the Main or equal to 364 days later. Non-Firm Point-To-Point Grid terminal facilities located at the Transmission Service is Point-To-Point sending and/or receiving end of a line, 32. Monthly Non-Firm Service Transmission Service under the Open exclusive of the Interconnection Monthly Non-Firm Service is Non- Access Transmission Tariff that is terminals. Firm PTP Transmission Service that reserved and scheduled on an as- available basis and is subject to 28. Measured Demand starts at 00:00 of any date and stops at 00:00 at least 28 days later, but less than Curtailment or Interruption as set forth The Measured Demand is that portion or equal to 31 days later. in Section 14.7 under Part II of the of the customer’s Metered or Scheduled Tariff. Non-Firm PTP Transmission Demand for transmission service from 33. Monthly Transmission Peak Load Service is available on a stand-alone BPA–TBL under the applicable Monthly Transmission Peak Load is basis for periods ranging from one hour transmission rate schedule. If the peak loading on the Federal to one month. transmission service to a point of transmission system during any hour of 39. Operating Reserve—Spinning delivery, or from a point of receipt, is the designated billing month, Reserve Service provided under more than one rate determined by the largest hourly schedule, the portion of the measured integrated demand produced from the Operating Reserve—Spinning Reserve quantities assigned to any rate schedule sum of Federal and non-Federal Service is needed to serve load shall be as specified by contract. The generating plants in BPA’s Control Area immediately in the event of a system portion of the total Measured Demand and metered flow into BPA’s Control contingency. Spinning Reserve Service so assigned shall be the Measured Area. may be provided by generating units Demand for transmission service for that are on-line and loaded at less than 34. Network (or Integrated Network) each transmission rate schedule. maximum output. The BPA–TBL must The Network is the segment of the offer this service when the transmission 29. Metered Demand Federal Columbia River Transmission service is provided to load served by Except for dynamic schedules, the System (FCRTS) for which the generation located in the BPA Control Metered Demand in kilowatts shall be transmission facilities provide the bulk Area. The Transmission or Control Area the largest of the 60-minute clock-hour of transmission of electric power within Service Customer must either purchase Integrated Demands at which electric the Pacific Northwest. this service from the BPA–TBL or make
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alternative comparable arrangements to 42. Point(s) of Delivery (POD) 47. Reactive Power satisfy its Spinning Reserve Service obligation. The Transmission or Control Point(s) on the BPA–TBL’s Reactive Power is the out-of-phase Area Service Customer’s obligation is Transmission System, or transfer points component of the total volt-amperes in determined consistent with North on other utility systems pursuant to an electric circuit. Reactive Power has American Electric Reliability Council section 36 of the Open Access two components: reactive demand (NERC), Western Systems Coordinating Transmission Tariff (Tariff), where (expressed in kilovars or kVAr) and Council (WECC) and Northwest Power capacity and energy transmitted by the reactive energy (expressed in Pool (NWPP) criteria. BPA–TBL will be made available to the kilovarhours or kVArh). Receiving Party under Parts II and III of 40. Operating Reserve—Supplemental the Tariff or to the Transmission 48. Reactive Supply and Voltage Control Reserve Service Customer under other BPA transmission from Generation Sources Service Operating Reserve—Supplemental service agreements. The Point(s) of Reactive Supply and Voltage Control Reserve Service is needed to serve load Delivery shall be specified in the from Generation Sources Service is in the event of a system contingency; Service Agreement for Long-Term Firm required to maintain voltage levels on however, it is not available immediately Point-to-Point Service, Network the BPA–TBL’s transmission facilities to serve load but rather within a short Integration Transmission Service, and within acceptable limits. In order to period of time. Supplemental Reserve other BPA–TBL transmission services. maintain transmission voltages on the Service may be provided by generating 43. Point of Integration (POI) BPA–TBL’s transmission facilities units that are on-line but unloaded, by within acceptable limits, generation quick-start generation or by A Point of Integration is the facilities (in the Control Area where the interruptible load. The BPA–TBL must contractual interconnection point where BPA–TBL’s transmission facilities are offer this service when the transmission power is received from the customer. located) are operated to produce (or service is provided to load served by Typically, a point of integration is absorb) reactive power. Thus, Reactive generation located in the BPA Control located at a resource site, but it could be Supply and Voltage Control from Area. The Transmission or Control Area located at some other interconnection Generation Sources Service must be Service Customer must either purchase point. provided for each transaction on the this service from the BPA–TBL or make 44. Point of Interconnection (POI) BPA–TBL’s transmission facilities. The alternative comparable arrangements to amount of Reactive Supply and Voltage satisfy its Supplemental Reserve Service A Point of Interconnection is a point Control from Generation Sources obligation. The Transmission where the facilities of two entities are Service that must be supplied with Customer’s obligation is determined interconnected. This term has the same respect to the Transmission Customer’s consistent with North American Electric meaning as ‘‘Point of Integration’’ and transaction will be determined based on Reliability Council (NERC), Western ‘‘Point of Receipt’’ in certain pre-Open the reactive power support necessary to Electricity Coordinating Council Access Transmission Tariff service maintain transmission voltages within (WECC) and Northwest Power Pool agreements. limits that are generally accepted in the criteria. region and consistently adhered to by 45. Point(s) of Receipt (POR) 41. Operating Reserve Requirement the BPA–TBL. The Transmission Operating Reserve Requirement is a Point(s) of Receipt are the point(s) of Customer must purchase this service party’s total reserve obligation to the interconnection on the BPA–TBL’s from the BPA–TBL. BPA Control Area. A party is Transmission System where capacity 49. Regulation and Frequency Response responsible for purchasing or otherwise and energy will be made available to the Service providing Operating Reserves associated BPA–TBL by the Delivering Party under with its transactions which impose a Parts II and III of the Open Access Regulation and Frequency Response reserve obligation on the BPA Control Transmission Tariff. The Point(s) of Service is necessary to provide for the Area. Operating Reserve Requirement is Receipt shall be specified in the Service continuous balancing of resources composed of two parts: regulating Agreement for Long-Term Firm Point-to- (generation and interchange) with load reserve obligation and contingency Point Service, Network Integration and for maintaining scheduled reserve obligation. Transmission Service, and other BPA– Interconnection frequency at sixty A party’s regulating reserve obligation TBL transmission services. cycles per second (60 Hz). Regulation is met by purchasing Regulation and 46. Ratchet Demand and Frequency Response Service is Frequency Response Service. The accomplished by committing on-line contingency reserve obligation is The Ratchet Demand in kilowatts or generation whose output is raised or satisfied by purchasing or otherwise kilovars is the maximum demand lowered (predominantly through the use providing Operating Reserve—Spinning established during a specified period of of automatic generating control Reserve Service and Operating time either during, or prior to, the equipment) as necessary to follow the Reserve—Supplemental Reserve current billing period. The Ratchet moment-by-moment changes in load. Service. Demand shall be the maximum demand The obligation to maintain this balance The specific amounts required are established during the previous 11 between resources and load lies with determined consistent with North billing months. If a Transmission the BPA–TBL. The BPA–TBL must offer American Electric Reliability Council Demand has been decreased pursuant to this service when the transmission (NERC) Policies, the Northwest Power the terms of the transmission agreement service is used to serve load within its Pool (NWPP) Operating Manual, during the previous 11 billing months, Control Area. The Transmission ‘‘Contingency Reserve Sharing such decrease will be reflected in Customer must either purchase this Procedure,’’ and the Western Electricity determining the Ratchet Demand. The service from the BPA–TBL or make Coordinating Council (WECC) Ratchet Demand for reactive power is alternative comparable arrangements to ‘‘Minimum Operating Reliability defined in the Power Factor Penalty satisfy its Regulation and Frequency Criteria’’ (MORC). Charge at section II.D of these GRSPs. Response Service obligation.
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50. Reliability Obligations Transmission Customer must purchase the Alvey-Meridian AC line, one 1,000 Reliability Obligations are the this service from the BPA–TBL. kV DC line between the Celilo Substation and the Oregon-Nevada obligations that a party with resources 54. Secondary System or loads in the BPA Control Area must border, and associated substation As used in the FPT rate schedules, facilities. provide in order to meet minimum Secondary System is that portion of the reliability standards. Reliability Network facilities with an operating 61. Spill Condition Obligations shall be determined voltage between 69 kV to less than 230 Spill Condition, for the purpose of consistent with applicable North kV. determining credit or payment for American Electric Reliability Council Deviations under the Energy Imbalance (NERC), Western Electricity 55. Secondary System Distance and Generation Imbalance rates, exists Coordinating Council (WECC), and As used in the FPT rate schedules, when spill physically occurs on the Northwest Power Pool (NWPP) Secondary System Distance is the BPA system due to lack of load or standards. BPA–TBL offers Ancillary number of circuit miles of Secondary market. Spill due to lack of load or Services and Control Area Services to System transmission lines between the market typically occurs during periods allow resources or loads to meet their secondary Point of Integration and of high flows or flood control Reliability Obligations. either the Main Grid or the secondary implementation, but can also occur at 51. Capacity Reserved Point of Delivery (POD), or between the other times. Discretionary spill, where Main Grid and the secondary POD. BPA may choose whether to spill, does The maximum amount of capacity not constitute a Spill Condition. Spill and energy that BPA–TBL agrees to 56. Secondary System Interconnection for fish is included in discretionary spill transmit for the Transmission Customer Terminal and is not a Spill Condition. over the BPA–TBL’s Transmission As used in the FPT rate schedules, System between the Point(s) of Receipt Secondary System Interconnection 62. Spinning Reserve Requirement and the Point(s) of Delivery under Part Terminal refers to the terminal facilities Spinning Reserve Requirement is a II of the Open Access Transmission on the Secondary System that portion of a party’s Operating Reserve Tariff. Reserved Capacity shall be interconnect the FCRTS with non-BPA– Requirement to the BPA Control Area. A expressed in terms of whole megawatts TBL facilities. party is responsible for purchasing or on a sixty (60) minute interval otherwise providing Operating 57. Secondary System Intermediate (commencing on the clock hour) basis. Reserve—Spinning Reserve Service Terminal In cases where Dynamic Schedules are associated with its transactions which involved, the Reserved Capacity must be As used in the FPT rate schedules, impose a reserve obligation on the BPA set at a level to accommodate (a) a Secondary System Intermediate Control Area. demand equal to the largest ten-minute Terminal refers to the first and final The specific amounts required are (10) moving average of the load or terminal facilities in the Secondary determined consistent with North generation expected to occur during the System transmission path, exclusive of American Electric Reliability Council contract period for one-way Dynamic the Secondary System Interconnection (NERC) Policies, the Northwest Power Schedules used to transfer generation or terminals. Pool (NWPP) Operating Manual, load from one Control Area to another 58. Secondary Transformation ‘‘Contingency Reserve Sharing Control Area; or (b) a demand equal to Procedure,’’ and the Western Electricity the instantaneous peak demand, for As used in the FPT rate schedules, Coordinating Council (WECC) each direction, of the supplemental Secondary Transformation refers to ‘‘Minimum Operating Reliability Control Area service request expected to transformation from Main Grid to Criteria’’ (MORC). occur during the contract period for Secondary System facilities. two-way Dynamic Transfers, used to 63. Supplemental Reserve Requirement 59. Short-Term Firm Point-To-Point provide supplemental Control Area Supplemental Reserve Requirement is (PTP) Transmission Service services. The supplemental Control a portion of a party’s Operating Reserve Area service response shall always be Short-Term Firm Point-To-Point Requirement to the BPA Control Area. A the lesser of the Control Area service Transmission Service is Firm Point-To- party is responsible for purchasing or request or the Reserved Capacity Point Transmission Service under Part II otherwise providing Operating associated with the supplemental of the Open Access Transmission Tariff Reserve—Supplemental Reserve Service Control Area service. with a term of less than one year. Short- associated with its transactions which Term Firm Point-To-Point Transmission 52. Scheduled Demand impose a reserve obligation on the BPA Service of duration of less than one Control Area. Scheduled Demand is the hourly calendar day is sometimes referred to as The specific amounts required are demand at which electric energy is Hourly Firm Point-To-Point determined consistent with North scheduled for transmission on the Transmission Service. American Electric Reliability Council FCRTS. (NERC) Policies, the Northwest Power 60. Southern Intertie Pool (NWPP) Operating Manual, 53. Scheduling, System Control and The Southern Intertie is the segment Dispatch Service ‘‘Contingency Reserve Sharing of the FCRTS that includes, but is not Procedure,’’ and the Western Electricity Scheduling, System Control and limited to, the major transmission Coordinating Council (WECC) Dispatch Service is required to schedule facilities consisting of two 500 kV AC ‘‘Minimum Operating Reliability the movement of power through, out of, lines from John Day Substation to the Criteria’’ (MORC). within, or into a Control Area. This Oregon-California border; a portion of service can be provided only by the the 500 kV AC line from Buckley 64. Total Transmission Demand operator of the Control Area in which Substation to Summer Lake Substation; Total Transmission Demand is the the transmission facilities used for and the 500 kV AC Intertie facilities, sum of all the transmission demands as transmission service are located. The which include Captain Jack Substation, defined in the applicable agreement.
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65. Transmission Customer transmit for the Transmission Customer service to utility customers at voltages over the BPA–TBL’s Transmission below 34.5 kV. A Transmission Customer is any System between the Point(s) of Eligible Customer (or its Designated Integration/Interconnection/Receipt and 69. Weekly Service Agent) under the Open Access the Point(s) of Delivery. Transmission Tariff that (a) executes a Weekly Service is Short-Term Firm Service Agreement, or (b) requests in 67. Transmission Provider and Non-Firm PTP Transmission writing that the BPA–TBL file with the The Bonneville Power Service that starts at 00:00 of any date Commission, a proposed unexecuted Administration’s Transmission Business and stops at 00:00 at least seven (7) days Service Agreement to receive Line (BPA–TBL) that owns, controls, or later, but less than or equal to 27 days transmission service under Part II of the operates facilities used for the later. Tariff. In addition, a Transmission transmission of electric energy in Issued in Portland, Oregon, on December Customer is an entity that has executed interstate commerce and provides 12, 2002. any other transmission service transmission service under the Open Stephen J. Wright, agreement with the BPA–TBL. Access Transmission Tariff and other agreements. Administrator and Chief Executive Officer. 66. Transmission Demand [FR Doc. 02–32070 Filed 12–19–02; 8:45 am] Transmission Demand is the 68. Utility Delivery BILLING CODE 6450–01–P maximum amount of capacity and The Utility Delivery segment is that energy that the BPA–TBL agrees to segment of the FCRTS that provides
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Part IV
Environmental Protection Agency Proposed National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges From Construction Activities; Notice
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ENVIRONMENTAL PROTECTION appropriate EPA Regional Office listed submitted electronically or in paper, AGENCY in Section I.F, or contact Jack Faulk, will be made available for public Office of Wastewater Management, viewing in EPA’s electronic public [FRL–7424–9] Office of Water, EPA Headquarters at docket as EPA receives them and Proposed National Pollutant Discharge tel.: 202–564–0768 or e-mail: without change, unless the comment Elimination System (NPDES) General [email protected]. contains copyrighted material, CBI, or Permit for Storm Water Discharges SUPPLEMENTARY INFORMATION: other information whose disclosure is From Construction Activities restricted by statute. When EPA I. General Information identifies a comment containing AGENCY: Environmental Protection A. How Can I Get Copies of This copyrighted material, EPA will provide Agency (EPA). Document and Other Related a reference to that material in the ACTION: Notice of availability for Information? version of the comment that is placed in comment. EPA’s electronic public docket. The 1. Docket. EPA has established an entire printed comment, including the SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, official public docket for this action copyrighted material, will be available 8, 9, and 10 today are proposing EPA’s under Docket ID No. OW–2002–0055. in the public docket. NPDES general permits for discharges The official public docket is the Public comments submitted on from large and small construction collection of materials that is available computer disks that are mailed or activity. Hereinafter, the terms ‘‘permit’’ for public viewing at the Water Docket delivered to the docket will be or ‘‘construction general permit’’ or in the EPA Docket Center, (EPA/DC) transferred to EPA’s electronic public ‘‘CGP’’ will replace ‘‘permits.’’ Today’s EPA West, Room B102, 1301 docket. Public comments that are proposed permit will replace the Constitution Ave., NW., Washington, mailed or delivered to the Docket will existing permit covering large DC. The EPA Docket Center Public be scanned and placed in EPA’s construction sites in EPA Regions 1, 2, Reading Room is open from 8:30 a.m. to electronic public docket. Where 3, 7, 8, 9 and 10 that expires on 4:30 p.m., Monday through Friday, practical, physical objects will be February 17, 2003 and the permit excluding legal holidays. The telephone photographed, and the photograph will covering large construction sites in EPA number for the Public Reading Room is be placed in EPA’s electronic public Region 6 that expires July 6, 2003. (202) 566–1744, and the telephone docket along with a brief description Today’s proposed permit would also number for the Water Docket is (202) written by the docket staff. cover large construction sites in EPA 566–2426. 2. Electronic Access. You may access B. How and to Whom Do I Submit Region 5. In addition, today’s proposed Comments? permit incorporates coverage of small this Federal Register document construction activity in EPA Regions 1, electronically through the EPA Internet You may submit comments 2, 3, 5, 6, 7, 8, 9 and 10. Today’s under the ‘‘Federal Register’’ listings at electronically, by mail, or through hand proposed permit is similar to the 1998 http://www.epa.gov/fedrgstr/. delivery/courier. To ensure proper permits and will authorize the discharge An electronic version of the public receipt by EPA, identify the appropriate of pollutants in storm water runoff docket is available through EPA’s docket identification number in the associated with construction activities electronic public docket and comment subject line on the first page of your in accordance with the terms and system, EPA Dockets. You may use EPA comment. Please ensure that your conditions described therein. Dockets at http://www.epa.gov/edocket/ comments are submitted within the Note: EPA is also announcing its to submit or view public comments, specified comment period. Comments intention to propose, in a subsequent access the index listing of the contents received after the close of the comment rulemaking, to delay the permit of the official public docket, and to period will be marked ‘‘late.’’ EPA is not authorization deadline set forth in the access those documents in the public required to consider these late NPDES regulations as it may relate to oil docket that are available electronically. comments. and gas construction activity that Once in the system, select ‘‘search,’’ EPA seeks comment on the proposed disturbs between one and five acres of then key in the appropriate docket permit and on the accompanying fact land. The Agency intends to propose to identification number. sheet. EPA is not, at this time, seeking delay this deadline in order to better Certain types of information will not comment on a possible proposed evaluate the impact of the permit be placed in the EPA Dockets. revision of the permit application requirements on the oil and gas industry Information claimed as CBI and other deadline for storm water discharges and the best management practices to information whose disclosure is associated with small construction prevent contamination of storm water restricted by statute, which is not activity in 40 CFR 122.26(e)(8) as it may runoff, while analyzing the scope and included in the official public docket, relate to oil and gas construction effect of 33 U.S.C. 1342 (l)(2) and other will not be available for public viewing activity that disturbs between one and provisions of the Clean Water Act. in EPA’s electronic public docket. EPA five acres of land. When EPA proposes policy is that copyrighted material will to make such a revision, the Agency will DATES: Comments on the proposed not be placed in EPA’s electronic public seek comment on such proposal at that general permit must be postmarked by docket but will be available only in time. February 3, 2003. printed, paper form in the official public 1. Electronically. If you submit an ADDRESSES: Comments may be docket. Although not all docket electronic comment as prescribed submitted electronically, by mail, or materials may be available below, EPA recommends that you through hand delivery/courier. Send electronically, you may still access any include your name, mailing address, written comments to: Follow the of the publicly available docket and an e-mail address or other contact detailed instructions as provided in materials through the docket facility information in the body of your Section I.B. identified in Section I.A.1. comment. Also include this contact FOR FURTHER INFORMATION CONTACT: For For public commenters, it is information on the outside of any disk further information on the proposed important to note that EPA’s policy is or CD–ROM you submit, and in any NPDES general permit, contact the that public comments, whether cover letter accompanying the disk or
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CD–ROM. This ensures that you can be NW., Washington, DC 20004, Attention r10earth/stormwater.htm for EPA identified as the submitter of the Docket ID No. OW–2002–0055. Such Region 10) as soon as dates and comment and allows EPA to contact you deliveries are only accepted during the locations have been finalized. in case EPA cannot read your comment Docket’s normal hours of operation as E. Finalizing the Permit due to technical difficulties or needs identified in Section I.A.1. further information on the substance of After the close of the public comment C. Public Hearings your comment. EPA’s policy is that EPA period, EPA will issue a final permit will not edit your comment, and any EPA has not scheduled any public decision. This decision will not be made identifying or contact information hearings to receive public comment until after all public comments have provided in the body of a comment will concerning the proposed permits in been considered and appropriate be included as part of the comment that view of the more informal public changes made to the permit. A is placed in the official public docket, meetings that will be held and limited Responses to Comments will be and made available in EPA’s electronic attendance at previous hearings which included as part of the final permit public docket. If EPA cannot read your have been held related to the decision. comment due to technical difficulties construction general permit. All persons F. Who Are the EPA Regional Contacts and cannot contact you for clarification, will continue to have the right to EPA may not be able to consider your provide written comments at any time for This Proposed Permit? comment. during the public comment period. For EPA Region 1, contact Thelma i. EPA Dockets. Your use of EPA’s However, interested persons may Murphy at tel.: (617) 918–1615 or e-mail electronic public docket to submit request a public hearing pursuant to 40 at [email protected]. comments to EPA electronically is CFR 124.12 concerning the proposed For EPA Region 2, contact Karen EPA’s preferred method for receiving permit. Requests for a public hearing O’Brien at tel.: (212) 637–3717 or e-mail comments. Go directly to EPA Dockets must be sent or delivered in writing to at [email protected] or for Puerto at http://www.epa.gov/edocket, and the same address as provided above for Rico, Sergio Bosques at tel.: (787) 977– follow the online instructions for public comments prior to the close of 5838 or e-mail at submitting comments. Once in the the comment period. Requests for a [email protected]. system, select ‘‘search,’’ and then key in public hearing must state the nature of For EPA Region 3, contact William Docket ID No. OW–2002–0055. The the issues proposed to be raised in the Toffel at tel.: (215) 814–5706 or system is an ‘‘anonymous access’’ hearing. Pursuant to 40 CFR 124.12, [email protected]. system, which means EPA will not EPA shall hold a public hearing if it For EPA Region 5, contact Brian Bell know your identity, e-mail address, or finds, on the basis of requests, a at tel.: (312) 886–0981 or e-mail at other contact information unless you significant degree of public interest in a [email protected]. provide it in the body of your comment. public hearing on the proposed permit. For EPA Region 6, contact Brent ii. E-mail. Comments may be sent by If EPA decides to hold a public hearing, Larsen at tel.: (214) 665–7523 or e-mail electronic mail (e-mail) to ow- a public notice of the date, time and at: [email protected]. [email protected], Attention Docket ID place of the hearing will be made at For EPA Region 7, contact Mark No. OW–2002–0055. In contrast to least 30 days prior to the hearing. Any Matthews at tel.: (913) 551–7635 or e- EPA’s electronic public docket, EPA’s e- person may provide written or oral mail at: [email protected]. mail system is not an ‘‘anonymous statements and data pertaining to the For EPA Region 8, contact Vern Berry access’’ system. If you send an e-mail proposed permit at the public hearing. at tel.: (303) 312–6234 or e-mail at: comment directly to the Docket without D. Public Meetings [email protected]. going through EPA’s electronic public EPA will be holding a series of more For EPA Region 9, contact Eugene docket, EPA’s e-mail system Bromley at tel.: (415) 972–3510 or e- automatically captures your e-mail informal public meetings which will include a presentation on the draft mail at [email protected]. address. E-mail addresses that are For EPA Region 10, contact Misha automatically captured by EPA’s e-mail permits and a question and answer session. Due to an informal public Vakoc at tel.: (206) 553–6650 or e-mail system are included as part of the at [email protected]. comment that is placed in the official meeting’s ability to accommodate group public docket, and made available in discussion and question and answer II. Background sessions, public meetings have been EPA’s electronic public docket. A. Statutory and Regulatory History iii. Disk or CD–ROM. You may submit used for many storm water general comments on a disk or CD–ROM that permits and appear to be more valuable Section 405 of the Water Quality Act you mail to the mailing address than formalized public hearings in of 1987 (WQA) added section 402(p) of identified in Section I.B.2. These helping the public understand a draft the Clean Water Act (CWA), which electronic submissions will be accepted storm water permit and identify the directed the Environmental Protection in WordPerfect or ASCII file format. issues of concern. Written, but not oral, Agency (EPA) to develop a phased Avoid the use of special characters and comments for the official permit record approach to regulate storm water any form of encryption. will be accepted at the public meetings. discharges under the National Pollutant 2. By Mail. Send the original and three Comments generated from what was Discharge Elimination System (NPDES) copies of your comments to: Water learned at a public meeting (or program. EPA published a final Docket, Environmental Protection discussion with someone who did regulation on the first phase on this Agency, Mailcode: 4101T, 1200 attend) can be submitted any time up to program on November 16, 1990, Pennsylvania Ave., NW., Washington, the end of the comment period. More establishing permit application DC, 20460, Attention Docket ID No. information on these meetings will be requirements for ‘‘storm water OW–2002–0055. available on the Internet at http:// discharges associated with industrial 3. By Hand Delivery or Courier. www.epa.gov/npdes/stormwater and on activity.’’ EPA defined the term ‘‘storm Deliver your comments to: Public the various EPA Regional Web sites (e.g. water discharge associated with Reading Room, Room B102, EPA West http://www.epa.gov/region6/sws for industrial activity’’ in a comprehensive Building, 1301 Constitution Avenue, EPA Region 6, http://www.epa.gov/ manner to cover a wide variety of
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facilities. Construction activities that B. Summary of Significant Changes submission to immediately upon disturb at least five acres of land and From 1998 Construction General Permit submission of a complete and accurate have point source discharges to waters This permit replaces the previous NOI. of the U.S. are defined as an ‘‘industrial Construction General Permits which 9. NOI content requirements (and activity’’ per 40 CFR 122.26(b)(14)(x). were issued for a five-year term by draft revised NOI Form) modified to include: Phase II of the storm water program various EPA Regions in February 1998 i. Nature of construction project, was published in the Federal Register (63 FR 7858) and July 1998 (63 FR ii. Name of Indian reservation or on December 8, 1999. Phase II includes 36490). The organization and numbering of today’s draft CGP has affiliated Tribe, sites disturbing greater that one acre and iii. Address of SWPPP location less than five acres as well as sites less been revised slightly from the 1998 CGP to more clearly present permittee changed from optional to required, than one acre of total land area that are iv. Receiving water name clarified to part of a larger common plan of responsibilities. In addition, following is a list of significant changes included indicate MS4 name may be appropriate development or sale if the larger response, common plan will ultimately disturb in the draft CGP as compared to the February 1998 CGP. These changes are v. Identification of whether site is part equal to or greater than one and less of larger common plan and if site is than five acres. Small construction discussed in more detail in the CGP fact sheet. large or small, and activity is defined per 40 CFR vi. National Historic Preservation Act 122.26(b)(15)(i). 1. Change in Permit Areas Covered eligibility certification. In developing the Phase II storm water i. Additions 10. Notification of potential waiting regulations, EPA conducted analysis of periods for permit authorization in a. Indian Country within the States of the potential impacts of the regulation certain areas as necessitated for the Michigan, Wisconsin, Minnesota, on the National economy and also protection of endangered or threatened Louisiana, Oklahoma, New Mexico, and species added. analyzed impacts on small businesses. Texas, These impacts focused on 11. Clarification that partial final b. State of New Mexico, stabilization is acceptable in certain implementation of sediment and erosion c. Discharges in the State of Oklahoma control practices or best management instances. that are not under the authority of the 12. Elimination of the need to practices to reduce pollutants Oklahoma Department of Environmental estimate runoff coefficient of the site for commonly associated with construction Quality, including activities associated pre- and post-construction. storm water discharges. In performing with oil and gas exploration, drilling, 13. Option for weekly site inspections these analyses, EPA considered affected operations, and pipelines (includes SIC rather than biweekly inspections with industrial sectors, including the oil and codes 1311, 1381, 1382, 1389, and followup inspections after each rain gas industry. EPA determined that few, 5171), and point source discharges event added. if any, oil and gas exploration sites associated with agricultural production, 14. Inspection requirements for linear would be affected by Phase II and services, and silviculture, and construction projects clarified. impacts on the accuracy of Phase II rule d. Discharges in the State of Texas 15. Procedures for addressing non- cost estimates were unlikely to be that are not under the authority of the attainment of water quality standards significant. Therefore, EPA did not Texas Commission on Environmental added. include oil and gas exploration sites in Quality (formerly TNRCC), including 16. Standard conditions revised the Final Draft of the Economic Analysis activities associated with the consistent with 40 CFR 122.41. of the Phase II Final Rule. Since January exploration, development, or 17. Delegation of signatory authorities 2002, information has become available production of oil or gas or geothermal for all reports other than NOIs, can be indicating that close to 30,000 oil and resources, including transportation of retained on-site in the SWPPP rather gas sites may be affected by the Phase crude oil or natural gas by pipeline. than submitted to EPA. II storm water regulations. In the spirit ii. Deletions of Executive Order 13211, which directs C. Summary of Terms and Conditions of Proposed General Permit EPA to consider the impact of its actions a. State of Maine, on energy-related production activities, b. Indian Country within the State of 1. Discharges Covered Maine. the Agency believes it is important to c. State of Arizona. Operators of large and small review the economic analysis of the 2. Small construction activities (those construction activities within the areas Phase II rule to determine the impact on disturbing one to five acres) added to listed below may be eligible to obtain the oil and gas industry. In evaluating eligibility provisions. coverage under this permit for allowable the impact, the Agency will work with 3. Uncontaminated excavation storm water and non-storm water states, industry, and other entities to dewatering added as an allowable non- discharges: gather and evaluate data on the storm water discharge. Region 1: The Commonwealth of development and use of appropriate 4. Eligibility provisions for discharges Massachusetts and the State of New best management practices for the oil threatening water quality clarified. Hampshire; Indian Country in the and gas industry. EPA will also 5. Restrictions on and documentation Commonwealth of Massachusetts and continue to review the scope and effect of discharges to waters with Total the States of Rhode Island and of 33 U.S.C. 1342(l)(2), relating to oil Maximum Daily Loads (TMDLs) added. Connecticut; and Federal facilities in and gas exploration activities, and other 6. Eligibility requirements specific to Vermont. provisions of the Clean Water Act. EPA the National Historic Preservation Act Region 2: The Commonwealth of intends in the very near future to added. Puerto Rico and Indian Country in the propose to extend the March 10, 2003, 7. Small construction waiver State of New York. permit authorization deadline for Phase availability added. Region 3: District of Columbia; and II oil and gas facilities to be covered by 8. Discharge authorization timeframe Federal facilities in the State of a storm water permit. changed from 48 hours after NOI Delaware.
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Region 5: Indian Country in the States (except for Fort McDermitt Reservation 4. Storm Water Pollution Prevention of Michigan, Minnesota, and Wisconsin. (see Region 9)); and Federal facilities in Plans Region 6: The State of New Mexico; Washington. The proposed general permit would Indian Country in the States of require that all operators covered by the Louisiana, Oklahoma, Texas, and New 2. Limitations on Coverage permit develop and implement a Mexico (except Navajo Reservation The proposed general permit includes SWPPP. The SWPPP would be the Lands [see Region 9] and Ute Mountain a number of eligibility restrictions principal means through which Reservation Lands (see Region 8)); including: post-construction discharges; dischargers comply with the CWA’s discharges in the State of Oklahoma that discharges which may adversely affect are not under the authority of the endangered or threatened species and requirement to control pollutants in Oklahoma Department of Environmental critical habitat, or historic properties; their discharges. All SWPPPs would be Quality, including activities associated discharges which may cause or required to be developed in accordance with oil and gas exploration, drilling, contribute to exceedances of water with sound engineering practices and operations, and pipelines (includes SIC quality standards; and discharges that developed specific to the site. These codes 1311, 1381, 1382, 1389, and are inconsistent with any applicable SWPPPs would be required to be 5171), and point source discharges approved total maximum daily loads prepared prior to commencement of associated with agricultural production, (TMDLs). Construction operators that do construction activities and then updated services, and silviculture; and not meet the eligibility requirements of as appropriate. Specific elements to be discharges in the State of Texas that are the proposed general permit would be addressed in the SWPPP include: not under the authority of the Texas required to submit an individual permit i. Pollution Prevention Plan Contents: Commission on Environmental Quality application or seek coverage under any Site and Activity Description, (formerly the Texas Natural Resource alternate general permit, if available. ii. Pollution Prevention Plan Contents: Conservation Commission), including Controls to Reduce Pollutants, activities associated with the 3. Deadlines and Permit Application iii. Non Storm Water Discharge exploration, development, or Process Management, production of oil or gas or geothermal To obtain discharge authorization iv. Maintenance of Controls, resources, including transportation of under the proposed general permit, v. Documentation of Permit Eligibility crude oil or natural gas by pipeline. dischargers would be required to submit Related to Endangered Species, Region 7: Indian Country in the States a notice of intent (NOI) requesting vi. Documentation of Permit Eligibility of Iowa, Kansas, and Nebraska (except discharge authorization. The NOI would Related to Historic Places, Pine Ridge Reservation Lands (see be required to include basic information vii. Copy of Permit Requirements, Region 8)). about the construction project (e.g., viii. Applicable State, Tribal, or Local Region 8: Federal facilities in operator name, site name, and site Programs, Colorado; Indian Country in Colorado address) and certification that a storm ix. Inspections, (as well as the portion of the Ute water pollution prevention plan x. Maintaining an Updated SWPPP, Mountain Reservation located in New (SWPPP) has been prepared for the site xi. Signature, Plan Review and Mexico), Montana, North Dakota (as describing the best management Making Plans Available, well as that portion of the Standing practices that the discharger will xii. Management Practices, Rock Reservation located in South implement to control pollutants in the xiii. Documentation of Permit Dakota and excluding the portion of the discharges in accordance with the Eligibility Related to Impaired Waters, lands within the former boundaries of requirements of the CWA. NOI due 5. Permit Appeal Procedures the Lake Traverse Reservation, which is dates are as follows: covered under the permit for areas of Within 120 days following notice of South Dakota), South Dakota (as well as i. Large Construction (> 5 acres) EPA’s final decision for the general the portion of the Pine Ridge a. Ongoing projects as of the effective permit under 40 CFR 124.15, any Reservation located in Nebraska and the date of the permit: Within 90 days of the interested person may appeal the permit portion of the lands within the former effective date of this permit (or by July in the Federal Court of Appeals in boundaries of the Lake Traverse 7, 2003 for facilities electing to remain accordance with Section 509(b)(1) of the Reservation located in North Dakota and covered by the 1998 Region 6 permit CWA. Persons affected by a general excluding the Standing Rock until it expires), unless permittee is permit may not challenge the conditions Reservation which is covered under the eligible to submit a Notice of of a general permit as a right in further permit for areas of North Dakota), Utah Termination (NOT) from coverage under Agency proceedings. They may instead (except Goshute and Navajo Reservation a previous NPDES permit before the either challenge the general permit in lands (see Region 9)), and Wyoming. 90th day (or by July 7, 2003 for facilities court, or apply for an individual permit Region 9: The Islands of American electing to remain covered by the 1998 as specified at 40 CFR 122.21 (and Samoa and Guam, Johnston Atoll, Region 6 permit until it expires), authorized at 40 CFR 122.28), and then Midway/Wake Islands and provided that the NOT is submitted in petition the Environmental Appeals Commonwealth of the Northern Mariana compliance with the permit Board to review any conditions of the Islands; Indian Country in Arizona (as requirements. individual permit (40 CFR 124.19 as well as Navajo Reservation lands in b. New projects after the effective date modified on May 15, 2000, 65 FR New Mexico and Utah), California, and of the permit: Prior to commencement of 30886). Nevada (as well as the Duck Valley construction activities. III. Executive Order 12866 Reservation in Idaho, the Fort McDermitt Reservation in Oregon, and ii. Small Construction (1–5 acres) Under Executive Order 12866 (58 FR the Goshute Reservation in Utah). a. Ongoing projects as of March 10, 51735 (October 4, 1993)) the Agency Region 10: The States of Alaska and 2003: By March 10, 2003. must determine whether the regulatory Idaho; Indian Country in Alaska, Idaho b. New projects after the effective date action is ‘‘significant’’ and therefore (except Duck Valley Reservation (see of the permit: Prior to commencement of subject to OMB review and the Region 9)), Washington, and Oregon construction activities. requirements of the Executive Order.
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The Order defines ‘‘significant requirements. The APA defines ‘‘rule permit for small construction activities regulatory action’’ as one that is likely making’’ as ‘‘the agency process for were submitted to OMB (OMB Control to result in a rule that may: (1) Have an formulating, amending, or repealing a No. 2040–0211) for review and approval annual effect on the economy of $100 rule.’’ APA section 551(5). By its terms, and will be published in a separate million or more or adversely affect in a then, section 553 applies only to ‘‘rules’’ Federal Register Notice. material way the economy, a sector of and not also to ‘‘orders,’’ which include 1. Authority: Clean Water Act, 33 the economy, productivity, competition, permits. U.S.C. 1251 et seq. jobs, the environment, public health or V. Unfunded Mandates Reform Act Dated: December 9, 2002. safety, or State, local, or Tribal Linda M. Murphy, governments or communities; (2) create Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Director, Office of Ecosystem Protection, EPA a serious inconsistency or otherwise Region 1. interfere with an action taken or Law 104–4, establishes requirements for 2. Authority: Clean Water Act, 33 planned by another agency; (3) Federal agencies to assess the effects of U.S.C. 1251 et seq. materially alter the budgetary impact of their ‘‘regulatory actions’’ on State, entitlements, grants, user fees, or loan local, and tribal governments and the Dated: December 6, 2002. programs or the rights and obligations of private sector. UMRA uses the term Walter E. Mugdan, recipients thereof; or (4) raise novel ‘‘regulatory actions’’ to refer to Director, Division of Environmental Planning legal or policy issues arising out of legal regulations. (See, e.g., UMRA section and Protection, EPA Region 2. mandates, the President’s priorities, or 201, ‘‘Each agency shall * * * assess 3. Authority: Clean Water Act, 33 the principles set forth in the Executive the effects of Federal regulatory actions U.S.C. 1251 et seq. * * * (other than to the extent that such Order. OMB has exempted review of Dated: December 10, 2002. NPDES general permits under the terms regulations incorporate requirements Victoria Binetti, of Executive Order 12866. specifically set forth in law)’’ (emphasis added)). UMRA section 102 defines Acting Director, Water Protection Division, IV. Regulatory Flexibility Act ‘‘regulation’’ by reference to 2 U.S.C. EPA Region 3. The Regulatory Flexibility Act (RFA) 658 which in turn defines ‘‘regulation’’ 4. Authority: Clean Water Act, 33 generally requires an agency to prepare and ‘‘rule’’ by reference to section U.S.C. 1251 et seq. a regulatory flexibility analysis of any 601(2) of the Regulatory Flexibility Act Dated: December 5, 2002. rule subject to notice and comment rule- (RFA). That section of the RFA defines Mary P. Tyson, making requirements under the ‘‘rule’’ as ‘‘any rule for which the agency Acting Director, Water Division, EPA Region Administrative Procedures Act or any publishes a notice of proposed 5. other statute unless the agency certifies rulemaking pursuant to section 553(b) of 5. Authority: Clean Water Act, 33 that the rule will not have a significant [the Administrative Procedure Act U.S.C. 1251 et seq. economic impact on a substantial (APA)], or any other law. * * *’’ number of small entities. Small entities As discussed in the RFA section of Dated: December 11, 2002. include small businesses, small this notice, NPDES general permits are Miguel I. Flores, organizations, and small governmental not ‘‘rules’’ under the APA and thus not Director, Water Quality Protection Division, jurisdictions. subject to the APA requirement to EPA Region 6. Issuance of an NPDES general permit publish a notice of proposed 6. Authority: Clean Water Act, 33 is not subject to rulemaking rulemaking. NPDES general permits are U.S.C. 1251 et seq. requirements, including the requirement also not subject to such a requirement Dated: December 9, 2002. for a general notice of proposed under the CWA. While EPA publishes a Leo Alderman, rulemaking, under APA section 553 or notice to solicit public comment on Director, Water, Wetlands & Pesticides any other law, and is thus not subject to draft general permits, it does so Division, EPA Region 7. the RFA requirements. pursuant to the CWA section 402(a) 7. Authority: Clean Water Act, 33 The APA defines two broad, mutually requirement to provide ‘‘an opportunity U.S.C. 1251 et seq. exclusive categories of agency action— for a hearing.’’ Thus, NPDES general ‘‘rules’’ and ‘‘orders.’’ Its definition of permits are not ‘‘rules’’ for RFA or Dated: December 11, 2002. ‘‘rule’’ encompasses ‘‘an agency UMRA purposes. Kerrigan G. Clough, statement of general or particular Assistant Regional Administrator, Office of applicability and future effect designed VI. Paperwork Reduction Act Partnerships and Regulatory Assistance, EPA to implement, interpret, or prescribe law EPA has reviewed the requirements Region 8. or policy or describing the organization, imposed on regulated facilities resulting 8. Authority: Clean Water Act, 33 procedure, or practice requirements of from the proposed construction general U.S.C. 1251 et seq. an agency * * *’’ APA section 551(4). permit under the Paperwork Reduction Dated: December 5, 2002. Its definition of ‘‘order’’ is residual: ‘‘a Act of 1980, 44 U.S.C. 3501 et seq. The John Kemmerer, final disposition * * * of an agency in information collection requirements of Acting Director, Water Division, EPA Region a matter other than rule making but the construction general permit for large 9. including licensing.’’ APA section construction activities have already 9. Authority: Clean Water Act, 33 551(6) (emphasis added). The APA been approved by the Office of U.S.C. 1251 et seq. defines ‘‘license’’ to ‘‘include * * * an Management and Budget (OMB) (OMB agency permit * * *’’ APA section Control No. 2040–0188) in previous Dated: December 11, 2002. 551(8). The APA thus categorizes a submissions made for the NPDES permit Randall F. Smith, permit as an order, which by the APA’s program under the provisions of the Director, Office of Water, EPA Region 10. definition is not a rule. Section 553 of Clean Water Act. Information collection [FR Doc. 02–32134 Filed 12–19–02; 8:45 am] the APA establishes ‘‘rule making’’ requirements of the construction general BILLING CODE 6560–50–P
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Reader Aids Federal Register Vol. 67, No. 245 Friday, December 20, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER
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. 19...... 77651 Presidential Documents 3 CFR 20...... 77651 Executive orders and proclamations 741–6000 Proclamations: 21...... 77651 The United States Government Manual 741–6000 7631...... 72089 32...... 77651 7632...... 72551 Other Services 34...... 77651 7633...... 76103 39...... 77651 Electronic and on-line services (voice) 741–6020 7634...... 76669 51...... 77651 Privacy Act Compilation 741–6064 7635...... 77905 55...... 77651 Public Laws Update Service (numbers, dates, etc.) 741–6043 Administrative Orders: 73...... 77651 TTY for the deaf-and-hard-of-hearing 741–6086 Memorandums: 81...... 77651 Memorandum of 431...... 72274 November 27, ELECTRONIC RESEARCH Proposed Rules: 2002 ...... 71795 50...... 71490 World Wide Web Memorandum of November 6, 2002 ...... 75799 11 CFR Full text of the daily Federal Register, CFR and other publications Executive Orders: is located at: http://www.access.gpo.gov/nara 100...... 76962 11246 (Amended by 110...... 76962 Federal Register information and research tools, including Public EO 13279)...... 77143 111...... 76962 Inspection List, indexes, and links to GPO Access are located at: 13278...... 76671 113...... 76962 http://www.archives.gov/federallregister/ 13279...... 77141 12 CFR E-mail 13280...... 77145 Presidential Determinations: 223...... 76560 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is No. 2003–04 ...... 72363 250...... 76560 an open e-mail service that provides subscribers with a digital 2003–07...... 77645 506...... 76293, 77909 form of the Federal Register Table of Contents. The digital form 550...... 76293 of the Federal Register Table of Contents includes HTML and 7 CFR 551...... 76293 PDF links to the full text of each document. 27...... 77147 559...... 77909 To join or leave, go to http://listserv.access.gpo.gov and select 331...... 76908 560...... 76304 Online mailing list archives, FEDREGTOC-L, Join or leave the list 718...... 71797 562...... 75809, 77909 (or change settings); then follow the instructions. 905...... 71798 563...... 77909 989...... 71803 590...... 76304 PENS (Public Law Electronic Notification Service) is an e-mail 1942...... 77907 591...... 76304 service that notifies subscribers of recently enacted laws. 2200...... 76105 Proposed Rules: To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html Proposed Rules: 223...... 76618 and select Join or leave the list (or change settings); then follow 46...... 77002 226...... 72618 the instructions. 246...... 71774 701...... 72444 FEDREGTOC-L and PENS are mailing lists only. We cannot 319...... 77940 791...... 72113 respond to specific inquiries. 916...... 77003 917...... 77003 13 CFR Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 8 CFR 120...... 72622 The Federal Register staff cannot interpret specific documents or 103...... 71443, 76256 regulations. 212...... 71443 14 CFR 214...... 71443, 76256 21...... 72830 FEDERAL REGISTER PAGES AND DATE, DECEMBER 235...... 71443 23...... 77399 248...... 76256 25...... 76652 71443–71796...... 2 264...... 71443 39 ...... 71450, 71452, 71455, 71797–72088...... 3 274a...... 76256 71808, 71810, 71812, 71816, 72089–72362...... 4 286...... 71443 72091, 72553, 75809, 75812, 72363–72550...... 5 299...... 71443 76106, 76109, 76111, 76673, 76981, 76982, 77401, 77404, 72551–72826...... 6 9 CFR 77405, 77653, 77666 72827–75798...... 9 93...... 72827 71 ...... 71457, 71458, 71459, 75799–76102...... 10 94...... 77148 71460, 71815, 72365, 72441, 76103–76292...... 11 121...... 76908 76306 76293–76670...... 12 Proposed Rules: 91...... 72830 76671–76980...... 13 71...... 77004 97 ...... 71816, 72553, 76675, 76981–77146...... 16 82...... 77004 76677 77147–77398...... 17 94...... 77004 119...... 72726 121...... 72726, 72830 77399–77644...... 18 10 CFR 77645–77906...... 19 125...... 72830 77907–78120...... 20 Ch. 1 ...... 72091 129...... 72726, 72830 1...... 77651 135...... 72726
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183...... 72726 510...... 72365 33 CFR 86...... 72818 1260...... 77667 520...... 71819, 72365 100...... 71840, 76986 141...... 71520 1274...... 77667 522...... 72366, 72367 117 ...... 71473, 71474, 71840, 271...... 77010 Proposed Rules: 556...... 72367 72099, 72100, 72559, 72560, 300...... 72888 1...... 77326 558 ...... 71820, 71821, 72368, 76116, 76116, 76988, 76989 451...... 71523 23...... 71490 72369, 72370 165 ...... 71475, 71840, 72561, 764...... 71524 39 ...... 71493, 71495, 71497, 868...... 76678 72840, 76989, 76991, 77428, 1610...... 72890 71500, 71503, 71505, 71904, 878...... 77675 77924 41 CFR 72115, 72119, 75819, 75822, Proposed Rules: 175...... 72100 75824, 76120, 76702, 76704, 870...... 76706 177...... 72100 101-6...... 76882 77442, 77444 878...... 77698 179...... 72100 101-18...... 76882 71 ...... 71507, 71508, 71509, 1020...... 76056 181...... 72100 101-19...... 76882 71906, 75826, 76320, 77326 101-20...... 76882 22 CFR 183...... 72100 91...... 76624, 77326 Proposed Rules: 101-33...... 76882 95...... 77326 40...... 77158 52...... 76142 101-47...... 76882 97...... 77326 41...... 55159 117 ...... 71513, 72126, 77949 102-71...... 76820 119...... 76624 42...... 77160 165 ...... 71513, 75831, 77008 102-72...... 76820 121 ...... 71908, 76624, 77326 45...... 76681 102-73...... 76820 125...... 76624, 77326 62...... 76307 34 CFR 102-74...... 76820 129...... 77326 507...... 76112 200...... 71710 102-75...... 76820 135...... 76624, 77326 Proposed Rules: 102-76...... 76820 255...... 72869 41...... 76711 36 CFR 102-78...... 76820 399...... 72396, 72869 1200...... 72101, 77133 102-79...... 76820 23 CFR 102-80...... 76820 1260...... 72121 Proposed Rules: 627...... 75902 102-81...... 76820 15 111...... 77726 635...... 75902 215...... 77451 102-83...... 76820 50...... 72095 636...... 75902 219...... 72770, 72816 303...... 77407 637...... 75902 42 CFR 710...... 75902 37 CFR Proposed Rules: 17 CFR 54...... 77350 24 CFR 253...... 77170 4...... 77409 259...... 71477 54a...... 77350 941...... 76096 73...... 71528, 76886 275...... 77620 Proposed Rules: 279...... 77620 25 CFR 201...... 77951 405...... 76684 420...... 77411 1001...... 72892, 72894 Proposed Rules: 21...... 77677 38 CFR 1003...... 72896, 76886 256...... 77919 4...... 77446 21...... 72563 205...... 71670 Proposed Rules: 43 CFR Ch. 1 ...... 75828 Proposed Rules: 210...... 76780 1...... 77737 Proposed Rules: 228...... 77594 26 CFR 3...... 76322 4...... 77011 229...... 77594 4100...... 77011 240 ...... 71909, 76780, 77594 1 ...... 71821, 72274, 76985, 39 CFR 5000...... 77011 249...... 76780 77678 301 ...... 77416, 77418, 77419, 255...... 75814 44 CFR 270...... 71915 501...... 71843 274...... 76780, 77594 77678 64...... 72593 602...... 77678 Proposed Rules: 111...... 72626 65...... 71482 18 CFR Proposed Rules: Proposed Rules: 284...... 72098 1 ...... 75899, 76123, 77450, 40 CFR 208...... 77628 77701 Proposed Rules: 52 ...... 72379, 72573, 72574, 45 CFR 35 ...... 76122, 76321, 77007 27 CFR 72576, 72579, 72842, 72844, 284...... 72870 50...... 77692 9...... 72834, 77922 76316, 76993, 77430, 77926 61...... 72579 Proposed Rules: 19 CFR 28 CFR 62...... 76116 31...... 72128 Proposed Rules: 540...... 77161, 77425 63 ...... 72330, 72580, 77687 96...... 77350 101...... 71510 541...... 77427 81...... 76450 260...... 77362 122...... 71510, 71512 82...... 77927 1050...... 77368 123...... 71512 29 CFR 86...... 72821 46 CFR 500...... 76985 70...... 71479 20 CFR 1611...... 72373 131...... 71843 2...... 72100 260...... 77152 1904...... 77165 141...... 73011–74047 10...... 72100 320...... 77152 4011...... 71470 142...... 73011–74047 15...... 72100 Proposed Rules: 4022...... 71470, 76682 180 ...... 71847, 72104, 72585, 24...... 72100 206...... 77447 4044...... 71472, 76682 72846 25...... 72100 217...... 77448 Proposed Rules: 270...... 77687 26...... 72100 429...... 77942 1915...... 76214 271...... 76995 30...... 72100 604...... 72122 300...... 76683 70...... 72100 30 CFR 721...... 72854 90...... 72100 21 CFR 48...... 76658 1065...... 72724 114...... 72100 5...... 71461 75...... 76658, 78044 Proposed Rules: 169...... 72100 16...... 71461 915...... 72375 52 ...... 71515, 72874, 76326, 175...... 72100 101...... 71461 924...... 71826 77010, 77196, 77204, 77212, 188...... 72100 314...... 77668 948...... 71832 77463, 77955 199...... 72100 320...... 77668 62...... 76150 336...... 72555 31 CFR 63 ...... 72276, 72875, 77562, 47 CFR 338...... 72555 Proposed Rules: 77828, 77830, 78046 1...... 77173 341...... 72555 10...... 77724 81 ...... 77196, 77204, 77212 11...... 77174
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22...... 77175 76...... 77374 577...... 72384 229...... 71900, 75817 24...... 77175 87...... 75968 Proposed Rules: 300...... 72110, 72394 32...... 77432 23...... 76327 48 CFR 622 ...... 71901, 71902, 72112, 64...... 71861 171...... 72034 77193 73 ...... 71891, 71892, 71893, 208...... 77936 172...... 72034 635 ...... 71487, 77433, 77434 71894, 76318, 76998 219...... 77936 173...... 72034 648 ...... 71488, 72867, 76318, 90...... 76697 225...... 77937 175...... 72034 76701 252...... 77937 Proposed Rules: 176...... 72034 679 ...... 71489, 72595, 76998, 0...... 77220 Proposed Rules: 178...... 72034 77439 1...... 76628 Ch. 10 ...... 76150 180...... 72034 2...... 75968 213...... 77955 219...... 75966 Proposed Rules: 25...... 75968 533...... 77015 17 ...... 71529, 72396, 72407, 43...... 77220 49 CFR 75834, 76156, 77464, 77466 63...... 77220 1...... 72383 50 CFR 600...... 76329, 77957 64...... 77220 241...... 75938 17...... 76030 635...... 72629 73 ...... 71924, 71925, 71926, 571...... 77193 222...... 71895 648...... 72131 77220, 77374 573...... 72384 223...... 71895 679...... 76344, 76362
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REMINDERS Ozone-depleting comments due by 12- Construction and The items in this list were substances; substitutes 23-02; published 10-22- development; storm water editorially compiled as an aid list; published 12-20-02 02 [FR 02-26811] discharges; comments to Federal Register users. Air quality implementation AGRICULTURE due by 12-23-02; Inclusion or exclusion from plans; approval and DEPARTMENT published 10-16-02 [FR this list has no legal promulgation; various Food and Nutrition Service 02-26302] significance. States: Child nutrition programs: Water programs: Montana; published 11-20- Child and Adult Care Water quality standards— 02 Program— Five Mile Creek, AL; RULES GOING INTO Strengthen program FEDERAL designated use; integrity; legislative EFFECT DECEMBER 20, COMMUNICATIONS comments due by 12- reform implementation; 2002 COMMISSION 23-02; published 10-23- comments due by 12- 02 [FR 02-26845] Radio and television 24-02; published 6-27- AGRICULTURE FARM CREDIT broadcasting: 02 [FR 02-15776] DEPARTMENT ADMINISTRATION Broadcast and cable EEO COMMERCE DEPARTMENT Farm Service Agency Farm credit system: rules and policies— National Oceanic and Program regulations: Part-time employee Atmospheric Administration Loan policies and Rural Business Enterprise classification; published Fishery conservation and operations— and Television 12-17-02 management: Young, beginning, and small farmers and Demonstration Grant FEDERAL DEPOSIT Alaska; fisheries of ranchers; comments Programs; rural area INSURANCE CORPORATION Exclusive Economic definition, etc.; published Zone— due by 12-23-02; Conflict of interest: 12-20-02 Pacific halibut and published 9-23-02 [FR Agency contractors; integrity AGRICULTURE sablefish; comments 02-24031] and fitness; minimum DEPARTMENT due by 12-27-02; FEDERAL standards; published 11- published 10-29-02 [FR COMMUNICATIONS Rural Business-Cooperative 20-02 Service 02-27512] COMMISSION INTERIOR DEPARTMENT Program regulations: DEFENSE DEPARTMENT Radio services, special: Indian Affairs Bureau Acquisition regulations: Rural Business Enterprise Private land mobile Commercial items— and Television Housing Improvement services— Demonstration Grant Program: Transportation of supplies 450-470 MHz frequency by sea; comments due Programs; rural area Technical amendments; band; airport terminal by 12-24-02; published definition, etc.; published published 12-20-02 use frequencies; 10-25-02 [FR 02-27106] 12-20-02 comments due by 12- TRANSPORTATION Federal Acquisition Regulation 23-02; published 11-21- AGRICULTURE DEPARTMENT (FAR): 02 [FR 02-29437] DEPARTMENT Federal Aviation Reimbursement of relocation FEDERAL ELECTION Rural Housing Service Administration costs on lump-sum basis; COMMISSION Program regulations: comments due by 12-23- Airworthiness directives: Bipartisan Campaign Reform 02; published 10-24-02 Rural Business Enterprise Pilatus Aircraft Ltd.; Act; implementation: [FR 02-27083] and Television published 11-1-02 Electioneering DEFENSE DEPARTMENT Demonstration Grant Pilatus Britten-Norman Ltd.; communications— Programs; rural area published 11-1-02 Engineers Corps definition, etc.; published Danger zones and restricted FCC Database; comment 12-20-02 Rockwell Collins; published areas: request; comments due 11-5-02 by 12-23-02; published AGRICULTURE Sandy Hook Bay, NJ; Naval Stemme GmbH & Co.; 10-23-02 [FR 02-26483] DEPARTMENT Weapons Station EARLE; published 11-1-02 comments due by 12-27- GENERAL SERVICES Rural Utilities Service 02; published 11-27-02 ADMINISTRATION Program regulations: COMMENTS DUE NEXT [FR 02-30028] Federal Acquisition Regulation Rural Business Enterprise WEEK ENVIRONMENTAL (FAR): and Television PROTECTION AGENCY Reimbursement of relocation Demonstration Grant Air quality implementation costs on lump-sum basis; Programs; rural area AGRICULTURE plans; approval and comments due by 12-23- definition, etc.; published DEPARTMENT promulgation; various 02; published 10-24-02 12-20-02 Agricultural Marketing States: [FR 02-27083] DEFENSE DEPARTMENT Service Missouri; comments due by HEALTH AND HUMAN Acquisition regulations: Prunes (dried) produced in— 12-23-02; published 11- SERVICES DEPARTMENT Pilot Mentor-Protege California; comments due by 22-02 [FR 02-29610] Centers for Medicare & Program; extension; 12-27-02; published 10- ENVIRONMENTAL Medicaid Services published 12-20-02 28-02 [FR 02-27305] PROTECTION AGENCY Medicare: Air quality implementation Technical amendments; AGRICULTURE Medicare+Choice program— published 12-20-02 DEPARTMENT plans; approval and promulgation; various Managed care Trade Agreements Act; Animal and Plant Health States: modifications; comments exception for U.S.-made Inspection Service Missouri; comments due by due by 12-24-02; end products; published Exportation and importation of 12-23-02; published 11- published 10-25-02 [FR 12-20-02 animals and animal 22-02 [FR 02-29609] 02-27142] ENVIRONMENTAL products: ENVIRONMENTAL HEALTH AND HUMAN PROTECTION AGENCY Exotic Newcastle disease; PROTECTION AGENCY SERVICES DEPARTMENT Air programs: disease status change— Water pollution; effluent Food and Drug Stratospheric ozone Campeche, Quintana Roo, guidelines for point source Administration protection— and Yucatan, Mexico; categories: Human drugs:
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Abbreviated new drug 02; published 10-24-02 12-23-02; published 10- TRANSPORTATION applications certifying that [FR 02-27083] 23-02 [FR 02-26974] DEPARTMENT patent claiming drug is NATIONAL CREDIT UNION TRANSPORTATION National Highway Traffic invalid or will not be ADMINISTRATION DEPARTMENT Safety Administration infringed; patent listing Credit unions: Federal Aviation Motor vehicle safety requirements and 30- Administration standards: month stays; comments Insurance requirements; comments due by 12-26- Air carrier certification and Child restraint systems; due by 12-23-02; operations: published 10-24-02 [FR 02; published 9-26-02 [FR comments due by 12-23- Incidents involving animals 02-27082] 02-24290] 02; published 10-22-02 during air transport; [FR 02-26824] HOUSING AND URBAN Organization and operaations— reports by carriers; TREASURY DEPARTMENT DEVELOPMENT comments due by 12-27- International Investment DEPARTMENT Reasonable retirement 02; published 10-18-02 Office Public and Indian housing: benefits for employees [FR 02-26465] and officers; comments Foreign persons; mergers, Housing Choice Voucher Airmen certification: due by 12-26-02; acquisitions, and takeovers: Program— Flight simulation device; published 11-29-02 [FR Voluntary notice filing; Homeownership option; 02-30162] initial and continuing qualification and use comments due by 12-23- eligibility of public NATIONAL CRIME 02; published 11-21-02 housing agency-owned requirements; comments PREVENTION AND PRIVACY due by 12-24-02; [FR 02-29622] or controlled units; COMPACT COUNCIL comments due by 12- published 9-25-02 [FR 02- TREASURY DEPARTMENT 27-02; published 10-28- Dispute adjudication 14785] Internal Revenue Service procedures; comments due 02 [FR 02-27310] Correction; comments due Income taxes: by 12-26-02; published 11- by 12-24-02; published INTERIOR DEPARTMENT Mixed use output facilities; 25-02 [FR 02-29709] 10-25-02 [FR 02-27169] Fish and Wildlife Service guidance; comments due NUCLEAR REGULATORY TRANSPORTATION Endangered and threatened by 12-23-02; published 9- COMMISSION DEPARTMENT 23-02 [FR 02-24138] species: Materials licensees; financial Federal Aviation TREASURY DEPARTMENT Beluga sturgeon; comments assurance amendments; Administration Thrift Supervision Office due by 12-28-02; comments due by 12-23-02; Airworthiness directives: published 11-6-02 [FR 02- published 10-7-02 [FR 02- Bombardier-Rotax GmbH; Regulatory reporting 28334] 25243] comments due by 12-23- standards: Critical habitat POSTAL SERVICE 02; published 10-23-02 Independent public designations— Postage meters: [FR 02-26912] accountants performing Bexar County, TX, karst- audit services for Manufacture and distribution; TRANSPORTATION dwelling invertebrate voluntary audit filers; authorization; comments DEPARTMENT species; comments due qualifications; comments due by 12-26-02; Federal Aviation by 12-23-02; published due by 12-26-02; published 11-26-02 [FR Administration 11-21-02 [FR 02-29620] published 11-25-02 [FR 02-29939] Airworthiness directives: 02-29833] Vernal pool crustaceans Fokker; comments due by and plants in California SECURITIES AND EXCHANGE COMMISSION 12-23-02; published 11- and Oregon; comments 21-02 [FR 02-29678] LIST OF PUBLIC LAWS due by 12-23-02; Securities, etc.: TRANSPORTATION published 11-21-02 [FR Sarbanes-Oxley Act of DEPARTMENT This is a continuing list of 02-29619] 2002; implementation— Federal Aviation public bills from the current Audits and reviews; JUSTICE DEPARTMENT Administration session of Congress which relevant records Federal Employees Liability Airworthiness directives: have become Federal laws. It Reform and Tort retention; comments may be used in conjunction due by 12-27-02; McDonnell Douglas; Compensation Act: comments due by 12-23- with ‘‘PLUS’’ (Public Laws published 11-27-02 [FR Update Service) on 202–741– Suits based on acts or 02-30036] 02; published 10-24-02 omissions of Federal [FR 02-26480] 6043. This list is also employees and other SMALL BUSINESS available online at http:// ADMINISTRATION TRANSPORTATION www.nara.gov/fedreg/ persons; certification and DEPARTMENT Small business size standards: plawcurr.html. decertification; comments Federal Aviation due by 12-23-02; Job Corps Centers; Administration The text of laws is not published 10-22-02 [FR comments due by 12-23- Airworthiness directives: published in the Federal 02-26832] 02; published 11-22-02 Pratt & Whitney; comments Register but may be ordered [FR 02-29647] LEGAL SERVICES due by 12-24-02; in ‘‘slip law’’ (individual CORPORATION TRANSPORTATION published 10-25-02 [FR pamphlet) form from the Legal assistance eligibility; DEPARTMENT 02-26909] Superintendent of Documents, U.S. Government Printing maximum income guidelines; Coast Guard TRANSPORTATION Office, Washington, DC 20402 comments due by 12-23-02; Ports and waterways safety: DEPARTMENT (phone, 202–512–1808). The published 11-22-02 [FR 02- Federal Aviation 29611] New York Marine Inspection text will also be made Zone and Captain of Port Administration available on the Internet from NATIONAL AERONAUTICS Zone, NY; safety and Airworthiness directives: GPO Access at http:// AND SPACE security zones; comments Short Brothers PLC; www.access.gpo.gov/nara/ ADMINISTRATION due by 12-27-02; comments due by 12-23- nara005.html. Some laws may Federal Acquisition Regulation published 11-27-02 [FR 02; published 11-13-02 not yet be available. (FAR): 02-30105] [FR 02-28751] Reimbursement of relocation Port Valdez and Valdez Jet routes; comments due by H.R. 2818/P.L. 107–361 costs on lump-sum basis; Narrows, AK; security 12-23-02; published 11-7-02 To authorize the Secretary of comments due by 12-23- zone; comments due by [FR 02-28366] the Interior to convey certain
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public land within the Sand enacted public laws. To Note: This service is strictly Mountain Wilderness Study subscribe, go to http:// for E-mail notification of new Area in the State of Idaho to Public Laws Electronic hydra.gsa.gov/archives/ laws. The text of laws is not resolve an occupancy Notification Service publaws-l.html or send E-mail available through this service. to [email protected] encroachment dating back to (PENS) PENS cannot respond to 1971. (Dec. 17, 2002; 116 with the following text message: specific inquiries sent to this Stat. 3020) address. PENS is a free electronic mail SUBSCRIBE PUBLAWS-L Last List December 19, 2002 notification service of newly Your Name.
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